Mr.
President
Public Employees Federation, AFL-CIO
P. O. Box 12414
Dear Mr. Brynien:
This will confirm our understanding
reached during negotiation of the 2003-2007 2007-2011 Agreement
regarding the Special Assignment to Duty Pay Pilot Program.
This pilot program will end on 2007
State agencies administer
comprehensive Employee Safety and Health Programs to assure to the best of
their ability, the safety and health of all
Duty Assignments
Highway Rights-of-Way are intended
to include all Interstate Routes within New York State (NYS), all NYS highway
routes, and all NYS parkway systems. At
this time, the following assignments constitute an exposure to inherent danger
by virtue of unavoidable proximity to vehicular traffic within the highway
Right-of-Way (ROW). The list is not
intended to be all-inclusive or exclusive:
I. Highway infrastructure
(roads/bridges): maintenance, repair, replacement,
new construction, construction inspection, and bridge inspection
II. Truck
inspection
III. Traffic
monitoring
IV. Pavement
and soil testing
V. Culvert
inspection
VI. Survey
operations
Assignments that exclusively require
operation of a motor vehicle (driving) are not eligible for Special Assignment
to Duty Pay unless it is integral to assignments described above that are
conducted within the highway ROW. In
addition, commuting to and from the work location/project site is not eligible
for Special Assignment to Duty Pay.
Benefit
Effective 50% one-third (1/3) or
more of time actually worked in a calendar year are eligible for an annual lump
sum payment of $500. Such payment will
be made in the last pay period in the Fiscal Year beginning with Fiscal Year
2005-06 following the calendar year in which the assignment was
performed. Assignment to such duties is
the sole prerogative of management in accordance with present policies and
procedures.
This benefit will not be paid if
during the eligibility period, 1) an employee is formally disciplined for
either violations of safety rules or policies or for conduct relating to an
unsafe act or, 2) an employee fails to meet expectations regarding a
safety-related standard as part of the routine performance evaluation program.
For purposes of this section, an
employee is deemed to have been formally disciplined for the specified reasons
if any of the following conditions occurred: a Notice of Discipline was settled
within 12 months of the date of payment, or the employee has been found guilty
of the Notice of Discipline within 12 months of the date of payment. It does not include Notices of Discipline
regarding anything other than the subject matter specified above, nor any
dismissed by an arbitrator or withdrawn by the appointing authority. In addition, unsatisfactory performance
ratings, which are reversed on appeal, will require payment of the benefit.
This pilot program is not subject to
the grievance procedure.
Qualifying Process
At the conclusion of the calendar
year, management will produce documentation to support which employees are
qualified for this benefit. Employees
determined by management to be qualified for this benefit will be notified in
writing by management no later than 45 days following the conclusion of the
calendar year. Any employee determined
not qualified may request, in writing, and will receive, in writing, an
explanation of the reasons for such determination and the basis for this
determination. Any relevant information
submitted by employees challenging their exclusion will be considered by
management if such information is submitted no later than March 15, or 14 days
after receipt of management’s written explanation for the exclusion, whichever
is later. A final determination will be
made by management within 45 days following receipt of the information from
employees. This qualifying process and
any subsequent review is not grievable.
Sincerely,
John Currier
Deputy Director for Contract Negotiation and Administration
Governor’s Office of Employee Relations
Countersigned for
PEF:
President
Mr.
President
Public Employees Federation, AFL-CIO
P. O. Box 12414
Dear Mr. Brynien:
This letter confirms the
understandings reached by the parties during negotiation of the 2003-2007
2007-2011 State/PEF Agreement regarding Special Assignment to
Duty Labor/Management Committee. In
addition to the provisions of the side letter agreement providing Special
Assignment to Duty Pay for eligible unit employees we agree to the
following:
During the term of the Agreement,
the State and PEF will establish a Joint Labor/Management Committee to review
additional activities that may constitute Special Assignments to Duty, which
would be eligible for Special Assignment to Duty Pay. Asbestos removal and related activities,
pesticide application, certain patient/client activities, and working heights
are activities for review by the Joint Labor/Management Committee. However, the determination to include any
additional activities as eligible for Special Assignment to Duty will be the
responsibility of management after consultation with PEF. The determination by management regarding
Special Assignment to Duty and this side letter are not subject to the
grievance process.
Sincerely,
John Currier
Deputy Director for Contract Negotiations and Administration
Governor’s Office of Employee Relations
Countersigned for
PEF:
President