Board of Trustee UUP Resolution 2013

Board of Trustee UUP Resolution 2013

MEMORANDUM

July 16, 2013

To: Members of the Board of Trustees
From: Nancy L. Zimpher, Chancellor
Subject: Resolution Implementing the Agreement between the State of New York and United University Professions (UUP) for the period commencing July 2, 2011 and ending July 1, 2016 to Include Across-the-board and Discretionary Salary Increases

I recommend that the Board of Trustees adopt the following resolution:

Whereas the State of New York and the United University Professions have reached a collective bargaining agreement for 2011- 2016 for members of the professional services negotiating unit; and

Whereas legislation was enacted which provides for implementation of the tentative collective bargaining agreement between the State of New York and United University Professions; now, therefore, be it

Resolved that the “Guidelines for Discretionary Salary Increases” (copy on file in the Office of the Secretary of the University), applicable to the professional service of the State University in accordance with the 2011-2016 agreement between the State of New York and United University Professions, be, and hereby are approved; and, be it further

Resolved that salary schedules adopted on January 15, 2008 by Resolution 2008-06 are hereby repealed; and, be it further

Resolved that the salary schedules (copies on file in the Office of the Secretary of the University) for 2011-2016 for University faculty and professional employees represented by UUP and reflecting the terms set forth in the tentative agreement between the State of New York and United University Professions be, and hereby are, approved; and, be it further

Resolved that the salary increases and payments as set forth in the agreement between the State of New York and United University Professions be, and hereby are, approved; and, be it further

Resolved that the Chancellor, or designee, be, and hereby is, authorized to take all steps necessary and appropriate to implement the above-referenced salary schedules, payments, and guidelines.

Background

The State of New York and the United University Professions (UUP) have reached a collective bargaining agreement for 2011-2016. That agreement has now been ratified by members of UUP, and legislation has been enacted to provide appropriation and spending authority for fiscal years 2012-2017 for SUNY to implement the changes for employees represented by UUP. The agreement establishes new minimum salaries for each faculty and professional salary range. Approval of maximum salaries are not set by the contract and remain the responsibility of the Board of Trustees. The proposed maxima are increased consistent with the across-the-board increases. The agreement establishes across-the-board compensation increases of two percent (2%) effective July 1, 2014; and two percent (2%) effective July 1, 2015.

The agreement between the State of New York and United University Professions provides an amount equal to approximately one-half percent (.5%) of the total basic annual salaries for 2013, 2014, and 2015 and one percent (1%) of the total basic annual salaries for 2016 for incumbents in this negotiating unit made in the form of a lump sum payment and not added to basic annual salary. The payments in each of these years are scheduled to be paid no later than December 31 following the conclusion of the prior performance program year. These payments are to be made from pools established in the campus budgets. To be eligible to receive one of these discretionary payments, an employee must be on the payroll on July 1, 2013, July 1, 2014, July 1, 2015, or July 1, 2016, as applicable, and on the payroll when the payments are made.

As an additional form of discretionary increase negotiated in this contract, the Chancellor’s Power of SUNY Performance Incentive payment in the amount of $500 in 2013, $250 in 2014, and $500 in 2015 would be added to basic annual salary of each full-time UUP employee and is distributed at the discretion of the Chancellor. These increases are scheduled for payment no later than December 31 following the conclusion of the prior performance program year. To be eligible for this increase, an employee must be on the payroll on July 1, 2013, July 1, 2014, or July 1, 2015, as applicable, and on the payroll when the payments are made. The above payments shall be pro-rated for part-time employees.

The agreement with UUP also includes modest adjustments in terms and compensation for some employees. Full-time employees who have been granted permanent or continuing appointment or a second five-year term appointment effective on or after July 2, 2011 and on or before January 1, 2013 will receive a one-time lump-sum of $500 added to basic annual salary, effective January 1, 2013. Employees who have completed 7 consecutive years of full-time service in the title of Lecturer, or in any of the titles listed in Article XI, Appendix B, Section 4 – Division III Sports or Article XI, Appendix C, effective on or before January 1, 2013 will receive a one-time lump sum of $500 added to basic annual salary effective January 1, 2013. Employees who receive such appointments effective after January 1, 2013 shall receive such advance on the effective date the appointment is granted.

Part-time employees who have completed at least 8 years of continuous service at the campus in which they are currently employed on or after July 2, 2011 shall receive a lump-sum payment of $500 on the effective date the service requirement is reached. Part-time employees are eligible to receive this payment every eight years thereafter of consecutive service at the campus at which they are currently employed. Individual employees are eligible for only one service award every eight years.

SUNY Guidelines for Discretionary Salary Increases for UUP Members
July 16, 2013

General Provisions:

The agreement between the State of New York and UUP provides for the distribution of four pools of funds, each equal to one-half percent (.5%) of the total basic annual salaries for 2013, 2014, and 2015 and one percent (1%) of the total basic annual salaries for 2016, at the discretion of the SUNY Board of Trustees, to eligible employees who hold positions in the professional services negotiating unit.

Discretionary payments, are to be used to recognize performance of members of the professional services negotiating unit. Each appointing authority is obligated to certify that all discretionary payments granted for 7/1/13–6/30/14, 7/1/14-6/30/15, 7/1/15-6/30/16 and 7/1/16-6/30/17 are implemented.

Discretionary payments are not added to base salaries. However, pursuant to Section 20.12 of the Agreement between the State University of New York and United University Professions (which will be re-numbered to 20.14 in the new agreement when ratified), the discretionary amounts are not precluded from being added to basic annual salary for specific employees. In such limited cases, the discretionary amounts would become effective retroactive to July 1 for employees having a calendar year or college year obligation and retroactive to September 1 for employees having an academic year obligation.

Discretionary Adjustments:

The discretionary payments for each of these years are scheduled for payment no later than December 31 following the conclusion of the prior performance program year. These payments are to be made from pools established in the campus budgets. To be eligible to receive one of these discretionary payments, an employee must be on the payroll on 7/1/13, 7/1/14, 7/1/15 or 7/1/16, as appropriate and on the payroll when the payments are made. Persons on leave from such positions, but continuing in UUP service in accordance with the terms of the contract, may be considered for discretionary payments. In addition, hourly or bi-weekly pay basis employees and returning temporary staff whose service ends prior to 6/30/13, 6/30/14, 6/30/15 or 6/30/16 shall be eligible for discretionary payments for work performed in 2013-2014, 2014-2015, 2015-2016, or 2016-2017, as appropriate.

In each year of the discretionary payments, 28% of the total pool will be earmarked for distribution to part-time employees. Each campus will receive an allocation of the 28% from the total of the basic annual salaries equivalent to their actual percentage of the part-time population as of the June 30th pool determination.

The Chancellor’s Power of SUNY Performance Incentive payment in the amount of $500 in 2013, $250 in 2014, and $500 in 2015 would be added to the basic annual salary as of June 30th for that year and is distributed at the discretion of the Chancellor. The increases are scheduled for payment no later than December 31 following the conclusion of the prior performance program year. To be eligible for this increase, an employee must be on the payroll on July 1, 2013, July 1, 2014, or July 1, 2015, as applicable, and on the payroll when the payments are made. Payments are made retroactively to July 1 for employees having a calendar year or college year obligation, and retroactively to September 1 for employees having an academic year obligation. These amounts are pro-rated for part-time employees. Incumbents who have worked at least one semester during the 12 month period prior to the effective date of payment and whose service ends prior to 6/30/13, 6/30/14, or 6/30/15 shall be eligible for the payment if they are re-employed and active on the payroll on the effective date of the payment and at the time of payment.

Exception Policy:

In an extraordinary circumstance, campuses are able to exceed the salary maxima for an individual employee. The authority to approve an exception resides with the campus president and is not delegable to any other officer. An exception to the maxima must be reported to the University-wide Human Resource Office, including the rationale and documentation for the exception.

While there is no predetermined limit on exceptions, it should be understood that this procedure is expected to be used only in exceptional cases. This procedure should not be used to increase the salary of a long-time employee who has reached the top of the rank or salary level. An individual’s State salary may not exceed that of the campus president without prior approval by the Chancellor.

Funding:

Campuses will create a discretionary pool of one-half percent (.5%) for 2013-2014, 2014-2015, 2015-2016, and one percent (1%) for 2016-2017 fiscal years. Amounts expended beyond those pool totals will be borne by the campus-operating budget. When verifying the campus pool totals, funding sources should be identified as State Purpose, Income Fund Reimbursable, Dormitory Income Fund Reimbursable, or Hospital Income Fund Reimbursable. Although campuses are authorized to spend pool dollars, State reimbursement will be only for the State Purpose portion of the salaries.

Rosters:

Discretionary payments should be reported on a roster to University-wide Human Resources. The format of the rosters will be provided prior to the date on which payments will be made.

Human Resources