2007-2011 Tentative Agreement

Summary of Gains and Tradeoffs

 

Click on Link in Article column to see the related full text

 of the Tentative Agreement

 

 

Article

 

Gains

Tradeoffs

Article 7- Percentage Increases

 

Salary Schedules

•  3% base salary increase retroactive to April 2007

•  3% base salary increase April 2008

•  3% base salary increase April 2009

•  4% base salary increase April 2010

 

Article 7- Location Pay

•  Current Downstate Adjustment $1,302 increased to $1,850 April 2008; Additional increase to $3,026 effective October 2008

•  Current Mid-Hudson Adjustment $651 increased to $1,000 April 2008; Additional increase to $1,513 effective October 2008

 

Article 7 – Longevity Award

 

Side letter to examine implementation of additional October payment date.  Would become effective no sooner than 2010.

 

Article 7  -

Salary Schedule Parity

 

Salary Schedules

• Effective 4/1/2010 New Salary Schedule will increase PEF job rates SG 1-25 to the CSEA Job Rates. The PEF Job Rates for Salary Grades 26-37 will be increased by $1000. The Merit Advance Program, which was implemented as part of the 2003-2007 Contract, provided Salary Grade Parity for Salary Grades 1 to 18.

 

• Schedule revised so that last increment before the job rate includes both the “regular” increment and the amount of money necessary to raise the base salary to the new CSEA-equivalent job rate.  (This assures that additional time in grade to reach job rate will not occur as a result of the increase to the job rate when parity is implemented.)

 

• Above benefit replaces current Merit Advance Program, which will be discontinued April 1, 2010.  Merit Advance Rate becomes Job Rate for SG 1-18.

 

Article 7 – NS salaries

Salary protection for movement from Non-Statutory positions to graded positions, effective on the date of ratification

 

Article 7 – Hazardous Duty Pay

Hazardous Duty Pay increases from $0.60 to $0.75 per hour retroactive to April 2, 2007

 

Article 7 – Inconvenience Pay

Inconvenience Pay increases from $550 to $575 per year retroactive to April 2, 2007

 

Article 7 – Comp Time Pilot Program

•  Voluntary program that allows Overtime Eligible Employees to bank their overtime for payment at a later date

•  Banked time CANNOT be used as leave accruals for time off

•  Banked time is earned at rate of time and a half for each hour of overtime worked

•  Maximum of 240 hours can be banked at any time.  When maximum balance is reached, employee must be paid for overtime worked.

•  Up to a maximum of 120 hours of banked time can be liquidated for cash at current rate of pay in December of each year

•  Employee compensated for all remaining banked time upon separation from service at the rate of pay in effect at time of separation

•  Program effective 7/1/08 and expires 7/1/11 unless extended by mutual agreement

 

Article 7 – Special Assignment to Duty (SAD) Pay and SAD L/M Committee

• Qualifying threshold reduced from 50% to 33% of time effective 4/2/07

• Pilot program continues until April 1, 2011 unless parties mutually agree to extend

 

Article 8 – Travel Mileage Reimbursement

“Lesser of” rule for mileage reimbursement within 35 miles of home or official station shall be the minimum mileage reimbursement rule.  Agencies have discretion to establish more generous rules.  (eff.9/08)

• Agencies with current policies, including DOT/DOL are allowed, but not required, to drop to “lesser of” rule.

• Pending “G-180” grievances will be withdrawn

 

Article 8 – Pre-Tax Transportation Program

•  Current NYS-RIDE program for mass transit benefits under which employees can pay for mass transit commuting expenses on a pre-tax basis will be expanded to all locations statewide effective 6 months following ratification

•  Program made permanent (was previously a pilot program)

 

Article 9 – Health Benefits

Empire Plan (EP) Prospective Procedure Review (PPR)

 

In addition to MRIs, prior notification will be required for CT scans, PET scans, nuclear medicine studies, and MRAs (7/1/08)

Article 9 – Health Benefits EP Emergency Room Copay

 

ER copay increases from $60 to $70 (1/1/10)

Article 9 – Health Benefits EP Outpatient Hospital Copay (except surgery)

 

Outpatient hospital copay increases from $35 to $40 (1/1/10)

Article 9 – Health Benefits EP Outpatient Hospital Surgery Copay

 

Outpatient hospital surgery copay increases from $35 to $60.  Copay continues to include all other covered outpatient hospital services performed during same visit. (1/1/10)

Article 9 – Health Benefits EP Hospital Network

 

Non-network coinsurance maximum remains $1,500 but reimbursement of coinsurance expenses under Basic Medical decreases from $1,000 to $500 (1/1/09) and from $500 to -0- (1/1/11) 

Article 9 – Health Benefits EP Centers Of Excellence (COE) Programs

• Reimbursement for meals & lodging expenses increases to Federal rates (7/1/08)

• COE for Cancer Program lifetime travel & lodging maximum of $10,000 eliminated (7/1/08)

 

Article 9 – Health Benefits EP Par Provider Copays

 

Copay for office visits/office surgery, lab/radiology increases from $18 to $20 (7/1/09)

Article 9 – Health Benefits EP Ambulatory Surgical Center Copay

 

Ambulatory surgical center copay increases from $15 to $30. Copay continues to include same-day on-site testing and anesthesiology charges. (7/1/08)

Article 9 – Health Benefits EP Injectable/Intravenous medications dispensed in a physician’s office

 

The Reasonable and Customary Charge for pharmaceutical products will now be the lower of the actual charge or the Average Wholesale Price (AWP), whichever is less  (7/1/08)

Article 9 – Health Benefits EP

Basic Medical (BM) Annual Coinsurance Maximum

Changes from $1,676 for the enrollee and all covered dependents to $1,000/enrollee; $1,000/spouse or partner; and $1,000 for all dependent children combined (1/1/09) 

Article 9 – Health Benefits EP Home Care Advocacy Program

Add coverage for one pair of diabetic shoes per year (7/1/08)

Network:  Paid in full benefit up to $500

Non-network: Subject to Basic Medical deductible, then plan pays 75% of network allowance up to $500

 

Article 9 – Health Benefits EP

Disease Management (DM) Programs

• Add DM programs for ADHD, eating disorders, and chronic kidney disease (As soon as  practicable)

• DM program participants will receive benefits for nutritional services when clinically appropriate (As soon as  practicable)

 

Article 9 – Health Benefits EP Adult Immunizations

Add Herpes Zoster, i.e., shingles vaccine (7/1/08)

 

 

Article 9 – Health Benefits EP MultiPlan Discount Provider Network

MultiPlan Discount Provider Network pilot program continues through 12/31/11 unless parties mutually agree to extend

 

Article 9 – Health Benefits EP Prostheses

• Prosthetic wigs no longer subject to deductible and coinsurance. Paid-in-full under Basic Medical (1/1/08)

• Lifetime maximum increases from one wig to $1,500 (1/1/08)

 

Article 9 – Health Benefits EP Diabetes Education Centers

Medical carrier (currently United HealthCare) to contract with accredited Diabetes Education Centers (7/1/08 or as soon thereafter as practicable)

 

Article 9 – Health Benefits EP Complementary and Alternative Medicine (CAM) Program

 

Program providing discounts for services from CAM network massage therapists, acupuncturists, dieticians and nutritionists to be discontinued (1/1/09)

Article 9 – Health Benefits Dependent Student Coverage

Coverage continues for

3 months following completion of each semester instead of only following graduation (7/1/08)

 

Article 9 – Health Benefits Continuation of Coverage Following Work-Related Assault

Length of time employee treated as though on payroll for purposes of health insurance increases from 12 to 24 months per injury for injuries resulting from an assault on or after July 1, 2008.  .

• While on payroll, employee pays 10% for Individual and 25% for Family coverage

• Currently, employee pays 100% of premium after 12 months

Since employee no longer placed on Leave Without Pay status, Empire Plan enrollees will no longer be eligible to apply for a waiver of premium after 12 months  

Article 9 – Health Benefits EP Managed Physical Network (MPN) Provider Copays

 

Copay for office visits and  lab/radiology services increases from $18 to $20 (7/1/09)

Article 9 – Health Benefits

Joint Committee

New charges to the Joint Committee on Health Benefits:

• Review of the Empire Plan (EP) network of par providers to address access concerns

• Review EP enrollee use of durable medical equipment

• Explore feasibility of developing EP network of hearing aid providers

• Explore implementation of additional COEs to include, but not be limited to a COE for bariatric surgery.  Participants to receive benefits for nutritional counseling when appropriate and pre-surgical psychiatric evaluation

• Explore possibility of a copay waiver program for office visits and prescription drugs when related to chronic conditions

• Funding increased to $500,000/year

 

Article 9 – Health Benefits EP Mental Health Services

 

Timothy’s Law requires that any deductible, copays or coinsurance applied to benefits for mental health conditions be no greater than those applied to other plan benefits. 

 

Network:

Office visit copay:  Increases from $18 to $20 (7/1/09)

ER copay:  Increases from $60 to $70 (1/1/10)

Non-network:

Annual coinsurance maximum (hospital): 

Increases from $500 to $1,000 (1/1/09) and from $1,000 to $1,500 (1/1/11)

Article 9 – Health Benefits EP

Non-Network Mental Health Practitioner Services

The annual coinsurance maximum when using a non-network practitioner changes from $1,676 for the enrollee and all covered dependents to $1,000/enrollee; $1,000/spouse or partner; and $1,000 for all dependent children combined (1/1/09)

Article 9 – Health Benefits EP Prescription Drug Program Copays

 

Non-preferred brand name drug (Tier 3) copay increases by $10 (7/1/08) 

• Up to 30 day supply, retail or mail - $30 to $40

• Up to 90 day supply, mail - $55 to $65

• Up to 90 day supply, retail - $60 to $70

 

(Tier 1 and Tier 2 copays are unchanged)

Article 9 – Health Benefits EP Prescription Drug Program

 

Initial fill of “New to You” prescription limited to 30-day supply (7/1/08 or as soon thereafter as practicable)

Article 9 – Health Benefits EP Specialty Drug Program

• Enhanced case management

• Access to a pharmacist available 24 hours/day, 7 days/week, 365 days/year

 

Effective date TBD

• Must call for Prior Authorization of all specialty drugs

• After initial fill, must use specialty pharmacy for all future fills

• Limited to 30-day supply, unless otherwise agreed to by the State and the Rx Drug Program administrator

Article 9 – Health Benefits EP Preferred Drug List (PDL)

• Changes to the PDL will continue to be made on an annual basis (January 1st ).

• Mid-year changes will continue to be made only when a generic equivalent to a preferred brand name drug becomes available.

 

Effective 1/1/09

• In addition to generic drugs, brand name drugs may be placed on Tier 1 (lowest copay option)

• In certain therapeutic categories, where there are two or more clinically sound and therapeutically equivalent Tier 1 options, there may be no Tier 2 preferred brand name option.

• A drug that has no clinical advantage over other generic and therapeutic alternatives may be excluded (not covered)

Article 9 – Vision Benefits

• Effective 7/1/08 or as soon thereafter as practicable, enrollees will have 90-days from date of exam to purchase eyewear (i.e., able to “split” the benefit)

• Effective 1/1/09, move to M/C level of benefits in effect on 4/1/07 including:

(a) Frame allowance increases from $100 to $130

(b) Standard progressive addition lenses covered in full

(c) Standard polycarbonate lenses for adults age 19 or older covered in full (currently limited to children up to age 19)

(d) Non-network reimbursement increases to match M/C level

• Effective 1/1/09, Medical Exception Program benefits for eye exam will be provided even if no significant change in vision

PEF will withdraw grievance alleging diminution of benefits occurred when state changed from Davis Vision to EyeMed Vision Care

Article 9 Joint Study on Dental and Vision Programs

• PEF/GOER JCHB to

jointly-administer study of alternatives to deliver enhanced dental/vision benefits to PS&T Unit members

• Commitment to appropriate $600,000 to support the study

 

Article 10- EAP

•  Increased funding in each year of the Agreement

•  2010-11 funding level of $426,000 is 21.2% increase from 2006-07 level

 

Article 9, 10, 14, 15, 18, 27, 42

All committees:  State agrees that if a successor agreement is not in place in April 2011, the state will appropriate additional monies to the committees to cover activities at least until December 31, 2011

 

Article 12 – Vacation Approval

Required answer to a written request to use vacation changed from “reasonable period of time” to within 5 days of receipt

 

Article 12 – Attendance & Leave  Productivity Enhancement Program (PEP)

• PEP allows employees SG-17 or lower to exchange vacation or personal leave for a credit to offset health insurance premiums

•  6-month pro-rated benefit for calendar year 2008

•  Credit increased from $400 to $450 (2008) then to $500 (2010)

• Pilot program expires 12/31/11 unless parties mutually agree to extend

 

Article 12 – Attendance & Leave -

Leave Donation

Current program that allows cross-agency, non-family member donations made permanent

 

Article 12 – Attendance & Leave -

Leave Adjustment Program

Current program that allows part-time employees to earn leave credits based on time worked instead of part-time percentage made permanent

 

Article 12 – Attendance & Leave -

Professional Leave

New side letter that encourages agencies to allow schedule adjustments to permit non-day shift employees to utilize professional leave

 

Article 12 – Attendance & Leave

Side letter to meet with GOER to discuss the issue of supervisor’s verification of time and attendance records.  Side letter does not permit any modification of Article 12.17.

Article 13 – Workers’ Compensation

• Length of time employee treated as though on payroll for purposes of health insurance increases from 12 to 24 months per injury for injuries resulting from an assault on or after July 1, 2008.  See Article 9 for impact on employee’s health insurance premiums.

•  Expanded charge to committee to review concerns about increasing employee awareness of eligibility for light-duty assignment

 

Article 14 – Professional Development and Quality of Work Life Coordinating Committee

•  Increased funding in each year of the Agreement

•  $200,000 of funding to support staff efforts on committee initiatives, with particular emphasis placed on nursing issues

• Funding for Health and Safety Committee moved from

Article 14 to Article 18

•  2010-11 funding level of $530,000 combined with separate funding for Health and Safety ($528,000) is 75.2% increase from 2006-07 level

 

Article 15 – Professional Development Committee

• Increased funding in each year of the Agreement.

• New funding added to support Labor Management Training

• New Funding ($500,000 per year) added to support Professional Development Activities for Nurses

•  2010-11 Combined Article 15 funding ($8,069,200) is 80.8% increase from 2006-07 level

 

Article 16 – Staffing

• Eliminate 12 month restriction on term of probationary leave

• Create Probationary Leave for employees appointed to non-competitive positions

 

Article 17 –

Out-of-Title Work

Amends side letter on Grievance Processing to include statement to expedite processing of out-of-title work grievances that are sustained at Step 2

 

Article 18 – Health and Safety Committee

• Separate funding for committee activities

• Funds to support firearms Training and Safety Initiative

•  Additional Committee charges

 

Article 24 – Labor Management Committee Process

 

Sideletter

• Ridesharing/carpooling added to list of Committee charges

•  New requirement that all L/M agreements contain express provisions of how agreement can be ended or modified

•  Funding established to support new initiative to provide on-going training to support L/M Committees

 

Article 27 – Reimbursement for Property Damage

•  Increased funding in each year of the Agreement

•  2010-11 funding level of $20,700 is 21.2% increase from 2006-07 level

 

Article 31 – Standby On-Call Rosters

Percentage increased from 20% to 25% effective 4/2/2007

 

Article 31 – Standby On-Call Rosters

NP/PA Language Clean-Up

 

Reference to physician assistants deleted; grievance withdrawn

Article 33 – Discipline

Sideletter

 

• Pilot program to allow for additional time to liquidate  leave credits restored as a result of disciplinary settlement or decision

• Reproduce the “Hartnett” memo on constructive counseling in printed Agreement

 

Article 34 – Grievance and Arbitration Procedure

 

Sideletter

• Triage and expedited arbitration process made permanent

• Additional ability to amend grievances at Step 2 by agreement by mutual consent

• Clarified the circumstances where PEF can file a class action grievance at Step 2

• New side letter on use of technology for grievance processing

 

Article 38 – Overtime Meal Allowances

 

Sideletter

 

Allowance increased from $5.50 to $6.00 effective April 2, 2007

PEF accepts State interpretation that meal break on pass day interrupts eligibility; outstanding grievance settled.

Article 42 – Family Benefits Program/Work Life Services

•  Increased funding in each year of the Agreement

• Revised schedule of employer contribution (NOTE: The Joint Advisory Board recently increased the contribution schedule above the increase negotiated in the tentative agreement)

•  2010-11 funding level of $1,884,600 is 81% increase from 2006-07 level

 

Article 44 – Joint Committee on Nursing and Institutional Issues

 

OT Pilot Sideletter

 

Professional Development Sideletter

 

• Pilot program on mandatory overtime

•  Enhanced Professional Development programs for nurses including:

(a) enhanced voucher program to support degree completion programs at SUNY Hospitals and RPCI (other locations can be added by mutual agreement)

(b) An enhanced voucher alternative (VALT) program for nurses

(c) Additional funding in Article 15.6 for professional development activities for nurses including support for specialized training and certifications

 

Article 49 – Duration

April 2, 2007 – April 1, 2011

 

New Sideletter – Peace Officers

• Effective April 2008, Firearm Training and Safety Incentive annual payment established at:

$150   2008-09

$200   2009-10

$250   2010-11

•Created as pilot program to end on 4/1/11 unless parties mutually agree to extend

 

New Sideletter –

Office of Fire Prevention and Control

• Uniform Maintenance Allowance for Fire Protection Specialists required to wear uniforms

•Allowance is $78 (full-time)/ $58 (part-time) effective April 2, 2007; increased to $88 (full-time) / $68 (part-time) April 2, 2008

 

Sideletter – Housing and Meal Charges

Change in the methodology used to establish rent at state-owned residential facilities

New Sideletter –

KRONOS ID Card Replacement Fees

(Will not appear in final contract)

 

Current agreement on replacement fees for KRONOS ID Cards modified to reflect new vendor and to increase replacement fees from $5 (first replacement) and $10 (Subsequent replacements) to $7.50 and $15 respectively

Appendix II – Seasonal Employees

•Add eligibility for Location and Inconvenience Pay.

• Under new NS Sideletter, seasonal employees will receive improved salary protection when moving to annual salaried positions.

 

Roswell Park Cancer Center Appendix

Article 7 –

Election of Holiday Compensatory Time

Employees given additional opportunity to elect to take comp time instead of holiday pay when first hired

 

Article 12 -

Authority to designate floating holidays changed from NYS to RPCI

 

New Sideletter

• Parties to meet within 90 days of ratification to attempt to reach agreement on the following issues:

(a) modified performance program/Article 33 rights for scientific faculty as parties might agree

(b) addition of shift differential for medical technologists and pharmacists

(c) Extra Service Compensation program for Nurse Practitioners and Physician Assistants working more than 5 shifts per week

 

NYS Schools for the Deaf and Blind

(Separate Documents not Printed in Agreement)

MOU – SEA Performance Award Eligibility

Prior service at top of the IA salary schedule counts as service time at the SEA job rate for performance award eligibility. (3/31/09)

 

MOU – Salary Schedule Compression

Effective 3/25/10, salary schedules for Instructors and Department Heads compressed to ten steps. 

 

MOU – New Salary Lanes

Effective 4/1/11, a Master’s 15 salary lane will be added to Instructors’ and Department Heads’ salary schedules at the current Master’s  30 level. Higher salary lanes will be adjusted accordingly.

 

MOU – Dual Certification Premium

 

Effective 4/1/11, the Dual Certification Premium will be abolished for not yet eligible employees.  Previously eligible individuals will continue to receive the premium.

MOU - Licensure Premium

Effective 9/1/08, licensed speech pathologists, audiologists and psychologists will receive a licensure premium of $1000/year

 

MOA –

Extra-Curricular Compensation

Hourly rate will increase from $13.00 per hour to $15.00 effective upon ratification.

 

MOA – Professional Development Compensation

Money for professional development program attendance is doubled.  Each school will have $10,000 per contract year.

 

MOA – SEA Personal Leave Accruals

Effective 9/1/10, SEA’s will begin accruing 36 hours of personal leave per year

 

MOA – SEA Sick Leave Accruals

Effective 9/1/10, SEA’s will begin accruing 12.5 days of sick leave per year

 

MOA – Personal Leave Accrual Date

Effective 9/1/08, the personal leave accrual date will change from 9/1 to individual anniversary dates

MOA –  Parent Conference Nights

 

Instructors and Department Heads may be required to attend up to 2 parent-instructor conference nights each year to be scheduled at least two months in advance

Mentoring Side Letter

 

A pilot Mentoring Program will be jointly. The pilot will include additional compensation for mentors.

 

Sick Leave for Retirement Service Credit Side Letter

The parties will discuss how unclassified employees at the Schools might utilize accrued sick leave for retirement service credit in Executive L/M

 

10-Month SEA

Side Letter

The parties authorized to meet locally to further discuss the development of terms and conditions for possible 10-month annual salaried SEA positions