Mr.
President
Public Employees Federation, AFL-CIO
Dear Mr. Brynien:
To promote exploration of
staffing practices that minimize mandatory overtime, the parties hereby agree
to a Pilot Mandatory Overtime Reduction Program (hereafter, “Pilot Program”).
Under the Pilot Program, nurses
whose normal daily schedule is seven and one-half or eight hours shall not be
required, but may volunteer, to work more than 16 consecutive hours in a
24-hour period. This limitation on
mandatory overtime may be suspended at the employer’s discretion in an
emergency.
The term “emergency” as used
above shall mean an unscheduled situation or circumstance which is expected to
be of limited duration and either presents a clear and imminent danger to person
or property, or is likely to interfere with the conduct of the agency’s or
institution’s statutory mandates or programs.
Examples include, but are not limited to, weather emergencies, mass
transit disruptions, terrorist alerts and attacks, public health emergencies,
fires, and/or other circumstances where there is a critical need for coverage
to ensure the continuation of State services.
The Appointing Authority shall
have sole discretion to determine what circumstances constitute an emergency as
defined above.
For the purposes of the Pilot
Program, the term “nurses” shall mean employees in a nursing title who spend
60% or more of their work time involved in direct care of clients and/or
patients.
The Pilot Program shall begin
on
The Pilot Program shall be
implemented in at least two facilities within each of the following
agencies: The Department of Health, The Office of Mental Health, the Office of Mental
Retardation and Developmental Disabilities, and the
The Joint Committee on Nursing
and Institutional Issues established by Article 44 of the Agreement shall meet
as soon as practicable after ratification of the Agreement to discuss
implementation of the Pilot Program and the development of standards for
evaluating the effectiveness of the Pilot Program. In no case shall the Joint Committee on
Nursing and Institutional Issues have the authority to modify the content of
the “Standard and Definitions” section above.
Prior to the April 1, 2010
expiration of the Pilot Program, a report on its effectiveness will be
delivered at an Executive Labor/Management meeting convened pursuant to Article
24.2 of the Agreement.
No aspect of this Pilot
Program, including the content of the “Standard and Definitions” section above,
shall be grievable under Article 34 of the
Agreement.
Sincerely,
John Currier
Deputy Director for Contract
Negotiation and Administration
Governor’s Office of
Employee Relations
Countersigned for PEF:
President