MEMORANDUM OF INTERPRETATION

BETWEEN

THE STATE OF NEW YORK

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:

Article No.	Article
	Bill of Rights
1	Recognition
2	Statement of Policy and Purpose
3	Unchallenged Representation
4.1-4.5	Employee Organization Rights
5	Management Rights
6	No Strikes
8	Travel
9	Health Insurance
10	Employee Assistance Program
11	Accidental Death Benefit
12.4	Vacation Credit Accumulation
12.5	Additional Vacation Credit
12.7	Vacation Use
12.8	Sick Leave Accumulation
12.9	Use of Sick Leave
12.10	Personal Leave Accumulation
12.11	Use of Personal Leave
12.12	Accounting of Time Accruals
12.13	Absence-Extraordinary Circumstances
12.14	Tardiness for Members of Volunteer Fire Departments, Volunteer Ambulance Services and Enrolled Civil Defense and Civil Air Patrol Volunteers
12.18	Leave for Bereavement or Family Illness
14	Professional Development and Quality of Working Life Coordinating Committee
15	Professional Development Committee
18	Health and Safety
19	Parking
20	Review of Personal History Folder
22	Protection of Employees
24	Labor/Management Committee Process
26	Institution Teachers
27	Reimbursement for Property Damage
28	Distribution of Directives, Bulletins or Instructions
29	Emergency First Aid
30	Verification of Doctor's Statement
32.5	Workweek and Workday
33	Discipline
34	Grievance and Arbitration
35	Resignation
36	No Discrimination
37	Indemnification
38	Overtime Meal Allowances
39	Clinical Privileging and Credentialing
40	Credit Union Space
41.3 & 41.4	Payroll
42	Family Benefits
43	Printing of Agreement
45		Benefits Guaranteed
46		Conclusion of Collective Negotiations
47	Severability
48	Approval of Legislature
49	Duration of Agreement

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, 2006 April 2, 2009 for employees on the administrative payroll and March 30, 2006 March 26, 2009 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 5, 2006 April 1, 2009 and March 29, 2006 March 25, 2009, respectively, shall be increased by three (3) percent.

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 April 2, 2007, seasonal employees are eligible for inconvenience pay and location compensation as provided in Article 7.13.

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. Holiday Compensation

(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.

For the State:	For PEF:
John Currier	Kenneth Brynien
Deputy for Contract Negotiation and Administration	President
Governor’s Office of Employee Relations	Public Employees Federation

Date:

Date:

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