Mr.
President
Public Employees Federation, AFL-CIO
Dear Mr. Brynien:
This letter confirms the
understandings reached by the parties during negotiations of the 2007 -2011
State/PEF Agreements regarding employee moves from positions designated as “NS”
(Non-Statutorily paid or unallocated to a salary grade) to statutorily graded
positions.
The provisions herein shall
apply prospectively as of the date of ratification of the 2007-2011 Agreement.
Scenario 1: When an employee who occupies a position designated
as “NS” as defined above moves to an annual salaried position which is
allocated to a salary grade, the hiring rate of which is greater than the
annual rate of compensation then received by such employee in the “NS”
position, such employee shall be eligible for the salary placement provisions
found in Article 7.10 of the collective bargaining agreement covering the
PS&T bargaining unit. Accordingly, by virtue and reference of this
sideletter, such employee shall receive the salary treatment benefit provided
in Section 131.5(a)(ii) or 131.5(b)(ii) of the Civil Service Law, as
applicable. We note that paragraph (b)
cited above relates to seasonal positions.
Scenario 2: When an employee who occupies a position
designated as “NS” as defined above and receives an annual salary in such “NS”
position, be it equated to a grade or otherwise, moves to an annual salaried
position which is allocated to a salary grade, the hiring rate of which is
equal to or lower than the annual rate of compensation then received by such
employee in the “NS” position, the salary to be paid to that employee shall be
established in accordance with Section 131.5(c) of the Civil Service Law (i.e.,
traditional salary reconstruction).
However, upon ratification of the agreement to which this sideletter is
attached, the State shall seek introduction and passage of legislation which
would amend Section 131.5(c) of the Civil Service Law to remove current
provisions that restrict the resultant salary of an employee having moved from
an NS to a graded position to not exceed the salary which had previously been
received in the NS position. Provisions
of Section 131.5(a)(i) or 131.5(b)(i) of the Civil Service Law shall not apply.
Scenario 3: When an employee who occupies a position
designated as “NS” as defined above and receives an hourly or per diem rate of
pay in such “NS” position, moves to an annual salaried position which is
allocated to a salary grade, the hiring rate of which is equal to or lower than
the “hourly-converted-to-annual” rate of compensation then received by such
employee in the “NS” position, the salary to be paid to that employee shall be
established as follows:
·
Identify the date on which
the employee first achieved an “hourly-converted-to-annual” salary in the NS position
which equaled or exceeded the then hiring rate of the graded position that the
employee is being appointed to;
·
Calculate the total number
of hours that the employee served in such hourly or per diem NS position at a
rate equal to or greater than the hiring rate of the graded position (excluding
hours served at a rate lower than the hiring rate of the graded position); and
then
·
First such employee shall be
placed at the hiring rate of the annual salaried allocated position. Such employee’s salary shall then be
reconstructed consistent with the step advancement system in place for that
salary grade to a level commensurate with his/her qualifying years of service
(years served) in the previous “NS” hourly position or positions held
immediately prior to appointment to the annual salaried allocated position
(e.g., 3 years of service would result in reconstruction at step 3 of the
salary grade). For purposes of the
above, years of service shall be credited based on the summation of hours
actually worked in accordance with the hourly computation described in the
preceding paragraph, divided by the number of hours in a full work year (2,088),
rounded to the nearest whole year (e.g., 4,000 worked hours divided by 2,088
hours per year equals 2 years of service rounded). Provisions of Section 131.5(a)(i) or
131.5(b)(i) of the Civil Service Law shall not apply.
Sincerely,
John Currier
Deputy Director for Contract Negotiation and
Administration
Governor's Office of Employee Relations
Countersigned for PEF:
President