APSU

AGENCY POLICE SERVICES UNIT 2005-2015

 

AGREEMENT

BETWEEN

THE STATE OF NEW YORK

AND

THE POLICE BENEVOLENT ASSOCIATION OF NEW

YORK STATE, INC.

 

Table of Contents

 

Preamble

Bill of Rights      

Article 1                Terms of Agreement

Article 2                Recognition

Article 3                Nondiscrimination

Article 4                Check-Off

Article 5                Union Rights

                              5.1    Bulletin Boards

                              5.2    Access to Employees and Meeting Spaces

                              5.3    Employee Organization Leave

                              5.4    Unchallenged Representation

                              5.5    Agency Shop

                              5.6    Union Leave

                              5.7    Exclusivity

                              5.8    New Employee Membership Packets

Article 6                Management Rights

Article 7                Grievances and Arbitration

                              7.1    Definitions

                              7.2    Procedure

                              7.3    Representation

                              7.4    General Provisions

Article 8                Discipline

                              8.1    Exclusive Procedure

                              8.2    Disciplinary Procedure

                              8.3    Settlement

                              8.4    Suspension Before Notice of Discipline

                              8.5    Union Representation

                              8.6    Limitation

                              8.7    Other Actions

                              8.8    Expedited Arbitration

Article 9                Out-of-Title Work

Article 10             Review of Personal History Folder

Article 11             Compensation

                              11.1   Legislation

                              11.2   General Salary Increase

                              11.3   Advancement Within a Salary Grade

                              11.4   Promotions

                              11.5   Movement to a Lower Salary Grade

                              11.6   Longevity Payments

                              11.7   Location Compensation, Supplemental Location Compensation and Inconvenience Pay

                              11.8    Premium Pay

                              11.9    Pre-Shift Briefings

                              11.10  Security and Law Enforcement Differential

                              11.11  Hazardous Material Pay

                              11.12  Hazardous Material, Fire Management, Search and Rescue Pay

                              11.13  Marine/Off Road Enforcement Pay

                              11.14  Expanded Duty Pay

                              11.15  Command Pay

                              11.16  Retroactivity

                              11.17  Effective Date of Increases

Article 12             Health, Dental and Prescription Drug Insurance

                              12.1    Continuation of Coverage

                              12.2    Eligibility

                              12.3    Benefits Management Program

                              12.4    Hospital Services

                              12.5    Medical Services

                              12.6    The Police Benevolent Association New York State (PBA) Enhancements

                              12.7    Prescription Drug Services

                              12.8    Premium Contribution

                              12.9    Option Transfer

                              12.10   Joint Committees on Health and Dental Benefits

                              12.11   Vision Care Benefits

                              12.12   Dental Care Benefits

                              12.13   Mental Health and Substance Abuse Treatment

                              12.14   Managed Physician Medicine Program (MPMP)

Article 13             Education and Training

Article 14             Attendance and Leave

                              14.1     Vacation Credits

                              14.2     Personal Leave

                              14.3     Bereavement Leave

                              14.4     Sick Leave Accumulation

                              14.5     Leave-Probationary Employees

                              14.6     Alternate Examination Dates

                              14.7     Absence-Extraordinary Circumstances

                              14.8     Jury Duty

                              14.9     Workers’ Compensation Leave

                              14.10   Unauthorized Absence

                              14.11   Medical Verification

                              14.12   Deficit Reduction Leave

                              14.13   Workforce Reduction Limitation

Article 15             Overtime, Recall and Scheduling

                              15.1    Overtime

                              15.2    Recall

                              15.3    Shift Changes

                              15.4    Overtime Meal Allowance

                              15.5    Standby/On-Call Rosters

Article 16             Holiday Pay

                              16.1    Option

                              16.2    Waiver

                              16.3    Accumulation

                              16.4    Holiday Observances

                              16.5    Definition

Article 17             Travel Allowances

                              17.1    Per Diem Meal and Lodging Expenses

                              17.2    Mileage Allowance

Article 18             Payroll Computation

Article 19             Credit Union Deductions

Article 20             Uniforms

Article 21             Indemnification

Article 22             Safe Working Conditions

Article 23             Reimbursement for Property Damage

Article 24             Seniority

Article 25             Labor/Management Committees

Article 26             No Strike Clause

Article 27             Preservation of Benefits

Article 28             Savings Clause

Article 29             Printing of Agreement

Article 30             Approval of the Legislature

Article 31             Conclusion of Collective Negotiations

Signature Pages

Appendix “A”       Salary Schedules

Appendix “B”       Counseling

                         Labor/Management Agreements

Appendix “C”      Training Notices

Appendix “D”      Agency Police Services Unit Drug Testing Program

Appendix “E”       Seasonal/Temporary Part-Time Employees Agreement

                         Side Letters

 

  

Preamble

            This Agreement entered into by the Executive Branch of the State of New York hereinafter referred to as the "Employer" and the Police Benevolent Association of New York State, Inc., hereinafter referred to as the  "PBA", on behalf of all employees in the bargaining unit in every agency where they may be employed, has as its purpose the promotion of harmonious employee relations between the Employer and the  PBA, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of salaries, wages, hours of work and other terms and conditions of employment.

 

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BILL OF RIGHTS

 

            To insure that individual rights of employees in the Agency Police Services Unit (“APSU”) are not violated, the following shall represent the Employees' Bill of Rights:

(A)         An employee shall be entitled to PBA representation at each and every step of the grievance procedure set forth in this Agreement.

(B)         An employee shall be entitled to PBA representation, including a PBA lawyer, at each stage of a disciplinary proceeding instituted pursuant to Article 8 of this Agreement.

(C)         No employee shall be requested to sign a statement of an admission of guilt to be used in a disciplinary proceeding under Article 8 without having PBA representation.

(D)         No recording devices of any kind shall be used during any disciplinary proceedings except as provided for in Article 8, unless agreed to by all parties and each party receives a copy of the recording.

(E)          In all disciplinary hearing proceedings under Article 8, the burden of proof shall rest with the Employer.

(F)          An employee shall not be coerced or intimidated or suffer any reprisal either directly or indirectly that may adversely affect his/her hours, wages or working conditions as the result of the exercise of his/her rights under this Agreement.

(G)         An employee shall be entitled to representation by the PBA, including a PBA lawyer, at an interrogation if it is contemplated that such employee will beserved anotice of discipline pursuant to Article 8 of this Agreement.  Such employee shall not be required to sign any statement arising out of such interrogation.  However, the employee is entitled to a copy of his/her statement given to the Employer.

(H)         Except as provided below, any statements or admissions made by an employee during such an interrogation without the opportunity to have PBA representation may not be subsequently used in a disciplinary proceeding against that employee.

(I)           If representation is requested by the employee and if such representation is not provided by the PBA within a reasonable period of time, the Employer may proceed with the interrogation.

(J)        The Employer shall not infringe upon the right of an employee to be accompanied by counsel as provided by Section 73 of the Civil Rights Law, when said employee is summoned to appear before any "hearing" or before any "agency," as such terms are defined in Section 73 of the Civil Rights Law.

(K)       Any employee who is subject to questioning by his/her Agency shall, whenever the nature of investigation permits, be notified at least 24 hours prior to the interview.  An employee shall be informed of the nature of the investigation before any interrogation commences.  Sufficient information to reasonably apprise the employee of the allegations shall be provided.

(L)        Any employee who was notified that there was an investigation pending against him or her by or on behalf of his/her employing Agency shall be notified by the Employer of the closure of the investigation within two weeks of a written request made by the employee.

(M)       The Employer shall keep all employee medical records confidential.

 

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Article 1

Term of Agreement

 

 

            1.1       This Agreement shall be effective as of April 1, 2005, except as otherwise specified, and shall continue in full force and effect to and including March 31, 2015.

 

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Article 2

Recognition

 

 

            2.1       The Employer, pursuant to the Certification of Representative and Order to Negotiate issued on August 19, 2011 by the Public Employment Relations Board (Case No. C-6056), recognizes the PBA as the sole and exclusive representative of those employees in the Agency Police Services Unit for the purpose of collective negotiations concerning salaries, wages, hours of work and other terms and conditions of employment of employees serving in positions in the Agency Police Services Unit.  The term employee or employees shall include seasonal employees where applicable.

 

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Article 3

Nondiscrimination

 

            3.1       The Employer and the PBA agree that the provisions of this Agreement shall be applied equally to all employees in compliance with applicable law against discrimination as to age, race, creed, color, national origin, sex, disability, marital status, political affiliation, and sexual orientation.  The parties reaffirm their commitment to all applicable military laws and the rights of former and present members of the Armed Forces of the United States.

            3.2       All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees.

            3.3       The Employer agrees not to interfere with the rights of employees to become members of the PBA.  There shall be no discrimination, interference, restraint or coercion by the Employer or any Employer representative against any employee because of PBA membership or because of any employee activity permissible under the Taylor Law and this Agreement in an official capacity on behalf of the PBA, or for any other cause.

            3.4       The PBA recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion.

 

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Article 4

Check-Off

 

 

            4.1       The Employer agrees to grant exclusive rights of dues deduction to the PBA and will deduct PBA dues from the pay of those employees who individually request in writing that such deductions be made.  The amount to be deducted shall be certified to the Employer by the PBA, and the aggregate deductions, together with a list of employees for whom deductions were made, shall be remitted forthwith to the PBA.

            4.2       The Employer further agrees to grant to the PBA exclusive payroll deduction of payments for employee benefit programs sponsored by the PBA, all forms of insurance sponsored by the PBA and any such other voluntary deductions allowed for by law, rule or regulation.

            4.3       Employees may, at their individual option, participate by voluntary payroll deductions in programs allowed by law and designated by the PBA.

            4.4       Employees may, at their individual option, participate in the New York State Deferred Compensation Plan subject to the law and rules governing the Plan.

            4.5       Employees may, at their individual option, participate in a political action committee designed by the PBA.

 

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Article 5

Union Rights

 

            5.1       Bulletin Boards

            (a)  The Employer agrees to furnish and maintain suitable locking glass enclosed bulletin boards in convenient places in each working area to be used exclusively by the PBA. 

            (b)  The PBA agrees to limit its postings of notices and bulletins to such bulletin boards.

            (c)  The PBA agrees that it will not post material which may be profane, derogatory to any individual, or constitute election campaign material for or against any person, organization or faction thereof except that election material relating to internal  PBA elections may be posted on such bulletin boards.  During the period in which the PBA has the exclusive right to bulletin boards, no other employee organization, or affiliate thereof, except employee organizations which have been certified or recognized as the representative for collective negotiations of other State employees employed at such locations, shall have the right to post material on State bulletin boards or distribute literature at work locations of bargaining unit members.  All bulletins or notices shall be signed by a PBA Executive Committee member, a PBA Delegate or their respective designee.

            (d)  Any material which the Employer alleges to be in violation of this Agreement shall be promptly removed by the PBA.  The matter will then immediately be referred to Step 3 of the grievance procedure for resolution.

            (e)  In regions, headquarters or campuses which have repeated violations, the Director of the Governor's Office of Employee Relations may require advance approval of all future material which is to be posted.

            5.2       Access to Employees and Meeting Space

            (a)  Department or agency heads may reach understandings with the PBA for reasonable and appropriate arrangements whereby the PBA may advise employees of the availability of the PBA representatives for consultations during non-working hours concerning PBA membership, services and programs.

            (b)  The PBA representatives shall, on an exclusive basis for employees covered by this Agreement, have access to employees during working hours to explain the PBA membership, services and programs under mutually developed arrangements with department heads wherein such access shall not interfere with work duties or work performance.  Such consultations shall be no more than 15 minutes per employee per month, not to exceed an average of fifteen percent per month of the employees in the agency or institution.

            (c)  The departments or agencies shall provide meeting space to the PBA upon written notice from a PBA Executive Committee member, a PBA Delegate or their respective designee in buildings owned or leased by the State.  Meeting space shall be provided under the following circumstances:

                           (1)  suitable space is not reasonably available elsewhere in the area;

                           (2)  the PBA agrees to reimburse the Employer for any additional expenses incurred by the Employer including furnishing janitorial services, and any other expense which would not have been incurred had the space not been available to the PBA;

                           (3)  a request for the use of such space is made in advance pursuant to the rules of the department or agency concerned;

                           (4)  the purpose of the meeting is made known to and is approved by the Employer. 

            5.3       Employee Organization Leave

            Employee organization leave shall be release time without charge to the member’s leave credits.  Employee organization leave shall be granted provided the leave is requested with proper notice and the resulting absence will not interfere with the proper conduct of governmental functions. 

            Time spent by members on employee organization leave, during their duty tours, shall be considered time worked for overtime purposes.  However, in no event shall time spent performing duties which would otherwise qualify for employee organization leave but are performed beyond the scheduled duty tour, or that are performed on pass days, be considered as time worked for the purpose of computing overtime pay.  

            Employee organization leave shall be categorized as either Banked Leave or Non-Banked Leave.

A.  Banked Leave

 

(1)       Members of the PBA Board of Directors, PBA Delegates and PBA representatives and designees shall be provided with a total of 200 days (one day being one duty tour) of Banked Leave credit each year.  Banked Leave shall be used in a minimum of one (1) day blocks.  Under special circumstances and upon advance request, additional Banked Leave may be granted by the Director of the Governor's Office of Employee Relations, or his/her designee.  Leave under this paragraph may be used for the following purposes:

(a) Attending PBA Board of Directors Meetings;

(b) Attending Board of Directors Committee Meetings;

(c)  Attending local PBA Meetings;

(d) Attending PERB conferences and hearings (for time in addition to that set forth in paragraph 5.3 B[1][i]); and

(e) Other necessary organizational purposes.  In such event, the Director of the Governor’s Office of Employee Relations, or his/her designee, shall be advised of the name, general reason and general location of the individual on Banked Leave.

(2)       Members of the PBA Board of Directors, PBA Delegates and PBA representatives and designees  shall also be provided  with a total of 10 days (one day being one duty tour) of Banked Leave which may only be used for necessary travel time in conjunction with the events set forth in paragraph 5.3(A)(1).  Travel time shall be defined as time during regularly scheduled work hours spent in actual and necessary travel to attend a meeting or series of meetings on consecutive days.

 

            Travel time shall be used in a minimum of two (2) hour blocks.

 

 

            In the event that the 10 days for the travel time are exhausted by the PBA prior to the end of a given year, the PBA can use the Banked Leave provided in paragraph 5.3(A)(1) for necessary travel time.

(3)          In addition to using Banked Leave, members of the PBA Board of Directors, PBA Delegates and PBA representatives and designees can choose to use their own off duty time or, when approved by a supervisor, their own leave accruals for the purposes set forth in paragraph 5.3(A)(1) and (2).  Except as provided in Paragraph 5.3(B)(1)(c), Non-Banked Leave shall not be used for any of the purposes set forth in paragraphs 5.3(A)(1) and (2).

(4)          The allocation of Banked Leave shall be the sole prerogative of the PBA.

(5)          All requests for Banked Leave must be made to the Director of the Governor’s Office of Employee Relations or his/her designee.  Absent circumstances beyond the PBA’s control, the PBA must request permission to use Banked Leave at least 3 days in advance of such leave.  Absent circumstances beyond the PBA’s control which prevent giving such notice, failure to provide such notice shall result in the denial of the request for Banked Leave.  In the event that the request for Banked Leave is denied based on failure to give proper notice, but where such leave would otherwise be approved, the member shall be allowed to use his/her leave accruals to cover the period of absence.

(6)       The Director of the Governor's Office of Employee Relations, or his/her designee, shall send the PBA a statement every 60 days detailing the Banked Leave used under paragraphs 5.3(A)(1) and (2).  This statement shall be presumed correct unless the PBA, within thirty (30) working days of their receipt of the statement, advises the Director of the Governor's Office of Employee Relations, or his/her designee, of any errors.

B.     Non-Banked Leave

 

(1)       Non-Banked Leave, which shall include travel time and reasonable preparation time, shall be used for the following purposes:

(a) Negotiations for a successor agreement to this Agreement;

(b) Interest arbitration and mediation proceedings;

(c)  PERB conferences and hearings limited to two (2) PBA representatives;

(d) Other occasions as approved by either the Agency or the Director of the Governor's Office of Employee Relations, or his/her designee.

 (2)      Notice Requirements:

 

(a)   Requests for Non-Banked Leave shall be made to the Director of the Governor’s Office of Employee Relations, or his/her designee. Absent circumstances beyond the PBA’s control, the PBA must request permission to use Non-Banked Leave at least 72 hours in advance of such leave. Absent circumstances beyond the PBA’s control which prevent giving such notice, failure to provide such notice shall result in the denial of the request for Non-Banked Leave.  In the event that the request for Non-Banked Leave is denied based on failure to give proper notice, but where such leave would otherwise be approved, the member shall be allowed to use Banked Leave, if he/she is a PBA Board Member including the President, or if he/she chooses, his/her leave accruals to cover the period of absence.

(3)          Upon approval, leave under paragraph 5.3(B)(1)(a) and (b) shall be granted to the members of the PBA negotiating committee, whose numbers shall not exceed the number of members on the Board of Directors.  The PBA shall provide the State with the names of the PBA negotiating committee members prior to the start of negotiations. 

(4)          Travel Time

 

                        Travel time used in conjunction with an event set forth in paragraph 5.3(B)(1) shall not exceed the reasonable and customary time necessary for travel each way in connection with any meeting or series of meetings. 

C.    Under special circumstances and upon advance request, additional Employee Organization Leave for additional meetings may be granted by the Director of the Governor’s Office of Employee Relations or his/her designee.

D.  The PBA shall provide the State and each Agency with the names and PBA designation of all members of the Board of Directors and shall notify the State and each Agency of any changes.

E.  Employee organization leave provided pursuant to this Article shall be in addition to that provided elsewhere in this Agreement for PBA representation in processing of grievances and labor/management meetings.

            5.4       Unchallenged Representation

            The Employer and the PBA agree, pursuant to Section 208 of the Civil Service Law, that the PBA shall have unchallenged representation status for the maximum period permitted by law on the date of execution of this Agreement.

            5.5       Agency Shop

            Mandatory agency shop fee deductions shall be continued for the period required by law.

            5.6       Union Leave

            A permanent employee or employees nominated by the PBA may be granted by the Employer a leave or leaves of absence with full salary from their regular position for the purpose of serving with the employee organization subject to the conditions of this paragraph.  Each such leave, its term and renewal, shall be subject to the discretionary approval of the Director of the Governor's Office of Employee Relations.  The PBA shall periodically, as specified by the Director of the Governor's Office of Employee Relations, reimburse the State for the salary or wages paid to each employee by the Employer during such leave of absence together with the cost of fringe benefits at the percentage of salary or wages as determined by the Comptroller.  The PBA shall purchase an insurance policy in the form and amount satisfactory to the Director of the Governor's Office of Employee Relations to protect the State in the event the State is held liable for any damages or suffers any loss by reason of any act or omission by such employee during the period of such leave of absence with full salary.

 

 

            5.7       Exclusivity

            The Employer will not meet or confer with any other employee organization or affiliate thereof with reference to terms and conditions of employment of employees.  If such organizations request meetings, they will be advised by the Employer to transmit their requests concerning terms and conditions of employment to the PBA, and arrangements will be made by the PBA to fulfill its obligation as a collective negotiating agent to represent these employees and groups of employees.

            5.8       New Employee Membership Packets

            The Employer agrees to provide each new employee in the Agency Police Services Unit with a membership packet furnished by the PBA within one workweek following his first day of work and to the extent possible on the first day of work.  The materials which may be included in such packet shall be subject to the restrictions set forth in paragraphs 5.1(c) and 5.1(d) of this Article.

            The Employer agrees to provide the PBA with the name, duty location and, when possible and applicable, shift of each employee promoted or hired into the unit within seven (7) days of appointment.

 

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Article 6

Management Rights

 

 

            6.1       Except as expressly limited by other provisions of this Agreement, all of the authority, rights and responsibilities possessed by the Employer are retained by it.

 

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Article 7

Grievances and Arbitration

 

 

            7.1       Definitions

            For the purposes of this Agreement, all disputes shall be subject to the grievance procedure as outlined below:

            (a)  A dispute concerning the application and/or interpretation of this Agreement is subject to all steps of the grievance procedure including arbitration, except those provisions which are specifically excluded.

            (b)  Any other dispute or grievance concerning a term or condition of employment which may arise between the parties or which may arise out of an action within the scope of authority of a department or agency head and which is not covered by this Agreement shall be processed up to and including the conference phase of the Alternate Dispute Resolution Process, and not beyond, except those issues for which there is a review procedure established by law or by or pursuant to rules or regulations filed with the Secretary of State.

            (c)  A claim of improper or unjust discipline against an employee shall be processed in accordance with Article 8 of this Agreement.

            7.2       Procedure

            The purpose of this Article is to provide a prompt, equitable, peaceful and efficient procedure to review and resolve grievances, and to further the purpose of this Agreement to promote harmonious employee relations.  Both the Employer and the PBA recognize the importance of, among other aspects of the procedure, the timely issuance of decisions to filed grievances and the responsible use of this procedure.  Upon failure of the Employer to provide a decision within the time limits provided in this Article, the PBA may appeal to the next step of the grievance procedure.  The grievance will not revert back to the previous step where it was originally untimely unless mutually agreed to by both parties.

            Prior to initiating a formal written grievance pursuant to this Article, the employee or the PBA is encouraged to resolve disputes subject to this Article informally by reviewing them with the appropriate immediate supervisor, local administration or agency or department.

            (a)  Grievances

            Step 1.  The employee and/or the PBA shall present the grievance in writing to the campus, headquarter or regional management representative within twenty (20) days of the act or omission giving rise to the grievance or within twenty (20) days of the date on which the employee and the PBA first knew of such act or omission, whichever is later.  The campus, headquarter or regional management representative shall each designate a regular representative, who shall meet with the PBA and the grievant during the employee's regular work shift within ten (10) days of receipt of the grievance and shall render a decision in writing within ten (10) days from the day of such meeting.  The decision shall include a brief statement of relevant facts and reasons on which the decision is based.  A meeting will not be held if there is mutual agreement that the file sufficiently clarifies the issue, that there is no new evidence to consider or the matter has been previously reviewed and/or resolved.

            Step 2.  In the event that the grievance has not been satisfactorily resolved at Step 1, an appeal may be taken by the PBA in writing to the Department or Agency head, as appropriate, within fifteen (15) days from receipt of the Step 1 decision.  The written appeal shall contain a description of the relevant facts from which the grievance derives, why the decision at the Step 1 level is inadequate, and specific references to all sections of the Agreement, if any, which the PBA claims have been violated.  The Department or Agency Head, or designee, shall meet with the PBA to review the grievance within ten (10) days from receipt of the Step 2 written appeal and shall render a written decision which shall include a brief statement of the relevant facts on which the decision is based to the PBA within ten (10) days from the day of the Step 2 meeting.  Communications concerning appeals and decisions at this Step shall be made by personal service or by registered or certified mail.  A meeting will not be held if there is mutual agreement that the file sufficiently clarifies the issue, that there is no new evidence to consider or the matter has been previously reviewed and/or resolved.

            Step 3.  In the event that the grievance has not been satisfactorily resolved at Step 2, an appeal to the Director of the Governor's Office of Employee Relations may be taken by the PBA in writing within fifteen (15) days from the day on which the PBA received the Step 2 decision.  Such appeal shall contain a copy of the Step 2 decision.  All communications concerning appeals and decisions at this Step shall be made by personal service, registered or certified mail.

            Once a month (on a designated day), representatives from the PBA and the Governor's Office of Employee Relations will meet and review all grievances that have been appealed to the Step 3 level during the previous month.  At these meetings, the grievance will be read, reviewed and tactically distributed for processing in one of the following ways:

            1.  Expedited Decision.  For grievances with respect to which either side believes that the decision is going to be traditional, and involves issues which cannot be resolved by the grievance process, the Governor's Office of Employee Relations shall provide, within ten (10) days, a written Step 3 response in the form of a brief answer.

            2.  On-site Review.  If both representatives believe that a Step 3 hearing review is necessary, the parties will agree to schedule such a review on the next trip to the work location in question.  Trips to regions or work locations will be scheduled in advance on a "circuit" basis to ensure that each work location can be visited at least once every four months, if necessary.

            3.  Safety Issues.  Issues which are, in fact, safety and health concerns (not to include staffing issues) may be referred to an Agency Level Statewide Safety & Health Committee.  A safety specialist from the employing agency and the PBA can review the issues and determine if there may be methodologies available for resolution of the issues.  Resolutions will be reduced to writing.  In the event the issues cannot be resolved, either party may refer them to the conference phase of the Alternate Dispute Resolution Process where applicable.

            4.  Hold Status.  The grievance may be put on hold until the next monthly meeting so that either or both sides can gather more information or make local contacts.  Those grievances placed in hold status will become the first to be discussed at the next meeting between representatives from the PBA and the Governor's Office of Employee Relations.

            Automatic Progression.  If the Employer fails to meet with the PBA on a timely basis or render a timely decision, the PBA may treat the grievance as having been denied at the level at which the delay occurred and may then appeal the grievance to the next level.

            (b)  Alternate Dispute Resolution Process (ADR)

                        (1)  In the event that the grievance has not been resolved satisfactorily at Step 3, a demand for arbitration may be brought only by the PBA, through the President or his designee within fifteen (15) days from the day the PBA receives the Step 3 decision by mailing or personally serving the demand to the Director of the Governor's Office of Employee Relations and simultaneously filing the demand with the master arbitrator.  The demand will identify the Article(s) and subsections sought to be arbitrated, the names of the Department or Agency, and employee(s) involved, copies of the original grievance, appeals documents and the written decisions rendered at the lower steps.

                        (2)  Resolution conferences and arbitrations under the ADR process shall be held before the master arbitrator appointed by agreement of the parties.  The parties may review the appointment at any time, by mutual agreement.

                        (3)  Resolution Conference

                           Within sixty (60) days after the demand for arbitration, the parties shall meet with the master arbitrator who shall attempt to have the parties reach a settlement and narrow the issue(s) for hearing, including stipulating to facts, relevant documents and exhibits.  The grievant may be permitted to participate in the conference by telephone.

                        (4)  Expedited Arbitration

                        After the resolution conference, either party may require a hearing before the master arbitrator on an expedited basis.  Grievance hearings shall, absent extraordinary circumstances, be limited to one day.  The parties shall compose the stipulated issue to be decided and determine the potential witnesses necessary for the expedited hearing.  Both parties should be prepared to fully present their positions and any testimony on the day of the hearing.  No briefs shall be submitted by either party.

                        (5)  The parties agree to meet for a total of one day every other month, or as needed, at a mutually agreed upon site in Albany to conduct the resolution conferences and/or expedited arbitrations.

                        (6)  Where no hearing is held and the case is submitted on papers the parties may submit their positions in writing to the arbitrator on a mutually agreed upon date no later than thirty (30) days after the mailing of the papers to the arbitrator. 

                        (7)  The master arbitrator's decision and award is to be rendered within seven (7) days of the completion of the hearing and shall include only a finding or findings and remedy, as appropriate, on a form provided by the parties.  The master arbitrator shall have the authority to issue bench decisions when appropriate.

                        (8)  The decision or award of the master arbitrator shall be consistent with applicable law and the Agreement and final and binding upon the parties (PBA and the State) with respect to the determination of the grievant's claims.  Such decisions are non-precedential and shall not be submitted in any other case unless the parties mutually agree otherwise.

                        (9)  The parties may meet periodically to insure that in practice the ADR process is in keeping with their intent and to take what steps are necessary to conform such practice with their intent.

            (c)  Full Arbitration

                        (1)  After the resolution conference, if the Employer and the PBA mutually determine that an individual grievance warrants a decision that will be precedential for future matters, the parties may refer the matter to traditional arbitration.  If the parties cannot agree as to whether the matter should be referred to full arbitration, the master arbitrator shall have the authority to make such determination as to whether full arbitration is warranted.

                        (2)  The parties shall mutually develop a system to select an arbitrator.  If the parties are unable to agree, the matter will be referred to the Public Employment Relations Board for selection.

                        The arbitrator shall hold a hearing at a time and place convenient to the parties within twenty (20) days of the acceptance to act as arbitrator.  The arbitrator shall issue a written decision within thirty (30) days after completion of the hearing.  The arbitrator shall be bound by the rules of the American Arbitration Association which are applicable to labor relations arbitrations which are in effect at the time of arbitration or such other rules as agreed upon by the parties.  In the event a disagreement exists regarding arbitrability of an issue, the arbitrator shall make a preliminary determination whether the issue is arbitrable under the express terms of this Agreement.  Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of the dispute.

                        (3)  Miscellaneous Provisions.

                        Neither the master arbitrator nor arbitrator shall have any power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue presented and shall confine the decision solely to the application and interpretation of the Agreement.

                        All fees and expenses of the arbitration shall be divided equally between the parties except that each party shall bear the cost of preparing and presenting its own case.  Cost for the cancellation of a hearing date shall be borne by the party seeking cancellation.

            7.3       Representation

            (a)  The Employer and each Agency shall recognize the members of the PBA Board of Directors, PBA Delegates and PBA representatives and designees at each step of the grievance procedure and shall release such representatives from normal duties to process grievances and conduct necessary relevant investigations providing that such absence from work will not interfere with proper conduct of governmental functions.

Step 1.      Delegate or designee, Director or designee, but not to exceed two union representatives.

Step 2.      Delegate or designee, Director or designee and, when mutually agreed President or designee.

            Step 3.      The President or designee and at least one of the effected members’ directors or designee.

            Arbitration.     The President or designee and at least one of the affected members’ Directors or designee.

            On the PBA’s prior written request at least 48 hours in advance, the Employer and each Agency will make every effort to reschedule shift assignments so that meetings fall during working hours of PBA representatives.

            The PBA shall furnish the Employer with a list of all employee representatives authorized to so represent the PBA within 60 days from the date of execution of the Agreement.

            (b)  PBA counsel and PBA representatives may be present at each step of the grievance procedure.

            7.4       General Provisions

            (a)  As used in this Article, all references to days shall mean calendar days.  All of the time limits contained in this Article may be extended by mutual agreement of the parties and shall be confirmed in writing.

            (b)  Grievances resolved at Step 1 shall not constitute a precedent for any other campus, headquarters or region, or at Step 2 for any other agency unless a specific agreement to that effect is made by the Director of the Governor's Office of Employee Relations and the President of the PBA.

            (c)  The parties, GOER and the PBA, may mutually agree to waive Steps 1, and 2 of the grievance procedure. 

            (d)  Aggrieved employees, PBA representatives and necessary witnesses shall not suffer any loss of earnings, or be required to charge leave credits as a result of processing or investigating grievances during such employees' scheduled working hours.  Reasonable and necessary time spent in processing and investigating grievances, including travel time, during such employees' scheduled working hours shall be considered as time worked provided, however, that when such activities extend beyond such employees' scheduled working hours, such time shall not be considered as time worked.

            (e)  Travel time, as used in paragraph 7.4(d) above, shall mean actual and necessary travel time, not to exceed eight hours each way.

            (f)   Upon agreement of the Director of the Governor's Office of Employee Relations and the President of the PBA, grievances may be initiated at Step 3.

            7.5       During the term of this Agreement, the parties shall discuss and explore the possibility and practicality of utilizing teleconferences and videoconferences in the processing of grievances at any and all steps of the procedure.  The parties may further implement a system on a pilot or permanent basis upon reaching agreement on the parameters of a system.

 

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Article 8

Discipline

 

 

            8.1       Exclusive Procedure

Discipline shall be imposed upon employees otherwise subject to the provisions of Sections 75 and 76 of the Civil Service Law only pursuant to this Article, and the procedure and remedies herein provided shall apply in lieu of the procedure and remedies prescribed by such sections of the Civil Service Law which shall not apply to employees.

            8.2       Disciplinary Procedure

(a)  Discipline shall be imposed only for just cause.  Where the appointing authority or his designee seeks the imposition of a loss of leave credits or other privilege, written reprimand, fine, suspension without pay, reduction in grade, or dismissal from service, notice of such discipline shall be made in writing and served, in person, by courier, or by registered or certified mail upon the employee.  The conduct for which discipline is being imposed and the penalty proposed shall be specified in the notice.  The notice served on the employee shall contain a detailed description of the alleged acts and conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, the notice of discipline must identify the specific section of the Penal Law or other statute which the Employer claims the employee has been charged with violating, if known by the Employer.  The employee shall be provided with two copies of the notice which shall include the statement, "You are provided two copies in order that one may be given to your representative.  Your PBA representative is the Police Benevolent Association of New York State, Inc.

(b)  The PBA grievance representative at the appropriate level shall be notified of the name of the employee in writing within 24 hours of the service of a notice of discipline.  Notification will also be sent to the President of the PBA. 

(c)  The penalty proposed may not be implemented until the employee (1) fails to file a disciplinary grievance within 14 days* of service of the notice of discipline, or (2) having filed a grievance, fails to file a timely appeal to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the extent that it is upheld by the disciplinary arbitrator, or (4) until the matter is settled.

(d)  The notice of discipline may be the subject of a disciplinary grievance which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the PBA.  The employee or the PBA shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the PBA of its response in writing by registered or certified mail within seven days of such meeting.

(e)  If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the PBA (or his designee) within 14 days of the service of the department or agency head response.  Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the New York State Public Employment Relations Board, with a copy to the department or agency head, or his designee.

(f)  The Employer and the  PBA shall continue the procedure for the arbitration process which is now in existence as contained in the notice to the Public Employment Relations Board outlining the disciplinary panel and procedures for PBA bargaining unit members dated November 18, 2013 and as amended by mutual agreement hereafter.

(g)  Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party.  Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration.

(h)  Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances.  Disciplinary arbitrators shall neither add to, subtract from, nor modify the provisions of this Agreement.  The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove or take any other appropriate action warranted under the circumstances, including, but not limited to, ordering reinstatement and back pay for all or part of the period of suspension.  If the disciplinary arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed.

(i)  All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the PBA or between the Employer and the employee if such employee is not being represented by the PBA.  Each party shall bear the costs of preparing and presenting its own case.  The estimated arbitrator's fee and expenses and estimated expenses of the arbitration may be collected in advance of the hearing.

(j)  In the event that any employee against whom disciplinary charges are brought by the Employer is not being represented by the PBA, such employee shall be individually responsible for all expenses which are incurred in connection with such disciplinary proceeding.  No employee can be represented in such a disciplinary proceeding by any officer, executive board member, delegate, representative or employee of any actual or claimed employee organization or affiliate thereof other than the PBA.

            8.3       Settlement

            A disciplinary grievance may be settled at any time following the service of a notice of discipline.  The terms of the settlement shall be reduced to writing.  An employee offered such a settlement shall be offered a reasonable opportunity to have his attorney or a PBA representative present before he is required to execute it.  The PBA grievance representative at the appropriate level shall be provided with a copy of any settlement within 24 hours of its execution.

            8.4       Suspension Before Notice of Discipline

(a)  Prior to issuing a notice of discipline or the exhaustion of the disciplinary grievance procedure provided for in this Article, an employee may be suspended without pay by his appointing authority only pursuant to paragraphs (1) or (2) below.

(1) The appointing authority or his designee may suspend without pay an employee when the appointing authority or his designee determines that there is probable cause that such employee's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations.  Such determination shall be reviewable by a disciplinary arbitrator.  A notice of discipline shall be served no later than seven days following any such suspension.  At the time of suspension, the appointing authority or his designee shall set forth in writing to the employee the specific reasons for the suspension.

(2) The appointing authority or his designee may with agency approval suspend without pay an employee charged with the commission of a crime.  Such employee shall notify his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within seven days thereof.  Within 30 days following such suspension under this provision, or within seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay.  Nothing in this paragraph shall limit the right of the appointing authority or his designee to take disciplinary action during the pendency of criminal proceedings.

(3) In the event that an employee is suspended without pay, the employee will have the option to draw from previously accrued annual leave, personal leave, holiday leave and/or compensatory leave upon written notification to his/her supervisor.

(4) When an employee has been suspended without pay, the agency or department meeting may be waived by the employee or by the PBA with the consent of the employee at the time of filing the disciplinary grievance.  In the event of such waiver, the employee or the PBA shall file the grievance form within the prescribed time limits for filing an agency level grievance directly with PERB.  The case shall be given priority in assignment.

(5) An employee who is charged with the commission of a crime, suspended without pay and subsequently found not guilty and against whom no disciplinary action is taken for the incident in question, shall be reinstated with full back pay.

(6) During a period of suspension without pay pursuant to this section, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee pay his or her share.

(b)  A registered or certified letter notifying the President of the PBA of any suspension under paragraph 8.4(a) above shall be sent within one day, excluding Saturdays, Sundays and holidays.

(c)  Back Pay Award

Where an employee is awarded back pay, the amount to be reimbursed shall not be offset by any wages earned by the employee during the period of his suspension with the exception of unemployment insurance.  An award of back pay shall be deemed to include reimbursement of all other benefits including the accrual of leave credits and holiday leave.

            8.5       Union Representation

            An employee shall be entitled to be represented at a disciplinary grievance meeting by PBA representatives, provided, however, the number of such officials shall not exceed two (2) and PBA counsel.  Such representatives shall not suffer any loss of earnings or be required to charge leave credits as a result of processing or investigating disciplinary grievances during such representatives' scheduled working hours.  Reasonable and necessary time spent in processing and investigating grievances, including travel time, during such representatives' scheduled working hours shall be considered as time worked provided, however, that when such activities extend beyond such representatives' scheduled working hours, such time shall not be considered as time worked.  On the representative’s prior written request at least 48 hours in advance, the Employer will make every effort to reschedule shift assignments so that meetings fall during working hours of PBA representatives.  PBA staff representatives and PBA counsel may be present at disciplinary grievance meetings and arbitration proceedings.

            8.6       Limitation

            An employee shall not be disciplined for acts, except those which would constitute a crime, which occurred more than nine months prior to the service of the notice of discipline.  The employee's whole record of employment, however, may be considered with respect to the appropriateness of the penalty to be imposed, if any.

            8.7       Other Actions

Shift, pass day, job transfer or other reassignment or assignments to another institution or work station shall not be made for the purpose of imposing discipline provided, however, that nothing in this section shall bar any action otherwise taken pursuant to this Article. A claimed violation of this section will be processed as an Article 7 grievance.

 

            8.8       Expedited Arbitration

In lieu of the procedures specified elsewhere in Article 8 of this Agreement, any disciplinary grievance involving the suspension of an individual employee can, with mutual agreement of the parties hereto, or the employee if not represented by the PBA, be submitted to arbitration under the expedited arbitration procedure hereinafter provided within 14 days after the filing of a disciplinary grievance.  In all other grievances involving disciplinary action which are specifically subject to arbitration under Article 8 of this Agreement, the PBA may, within 14 days after the filing of a demand for arbitration under Article 8.2(e), propose to use the expedited arbitration procedure hereinafter provided.  Either party may propose use of this procedure, but it shall be in writing and must be agreed to by both the parties.  If no such election is made within the foregoing time period, the arbitration procedure in Article 8 shall be followed.  As soon as possible after this Agreement becomes final and binding, a panel of arbitrators shall be selected by the parties.  Each arbitrator shall serve until the termination of this Agreement unless by mutual agreement the parties terminate his/her services earlier.  The arbitrator shall be notified of his or her termination by a joint letter from the parties.

            The arbitrator shall conclude his/her services upon conclusion of any outstanding arbitrations.  A successor arbitrator shall be selected by the parties.  Arbitrators shall be assigned cases as described below.

            The procedure for expedited arbitration shall be as follows:

(a) The panel of arbitrators shall be assigned a number in rotation.

(b) The parties shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as arbitrator.

(c) The five members shall be randomly assigned a number (remixed) after each rotation is complete.

(d)  The parties shall notify the arbitrator in writing on the day of the arbitration demand in suspension cases to settle a grievance by expedited arbitration.  The arbitrator shall notify the parties in writing of the hearing date which must be within 30 days.

(e)  The parties must submit to the arbitrator five days prior to the hearing a written stipulation of all facts not in dispute.

(f)  The parties shall present an oral closing argument of the case.  However, alternatively, and by mutual agreement only, and within five (5) working days after the hearing each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position.  The arbitrator shall give his or her award within five (5) working days after the hearing, or when applicable after receiving the briefs.  He/she shall provide the parties a brief written statement of the reasons supporting his/her award.

(g)  The time limits in this Section may be extended by agreement of the parties only in emergency situations.  Such extensions shall not circumvent the purpose of this procedure.

(h)  The decision of the arbitrator will be final and binding.  The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Employer and the PBA in equal parts except in cases where the employee is not represented by the PBA, in which cases the costs shall be borne by the employee and the Employer, as per Article 8.2(j).

(i)  The power, authority and restrictions applicable to a disciplinary arbitrator under Article 8 shall apply under the expedited arbitration 

*Unless otherwise specified days as used in this Article shall mean calendar days.

 

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Article 9

Out-of-Title Work

 

9.1(a)  No employee shall be employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he/she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Civil Service Law, Rules and Regulations.

(b)  The term "temporary emergency" as used in this Article shall mean an unscheduled or non‑periodic situation or circumstance which is expected to be of limited duration and either (a) presents a clear and imminent danger to person or property, or (b) is likely to interfere with the conduct of the agency's or institution's statutory mandates or programs.

9.2(a)  Grievances alleging violation of this Article shall be processed pursuant to Article 7, paragraph 7.1(b), and shall be filed utilizing an out-of-title grievance form.

(b)  If appealed to Step 3, the Director of the Governor's Office of Employee Relations shall seek an opinion from the Director of Classification and Compensation concerning whether or not the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which the employee is certified.  The PBA shall be given the opportunity to present to the Director of Classification and Compensation, a written brief of the facts surrounding the grievance.  The Director of Classification and Compensation shall, within 60 (sixty) calendar days of the filing of the appeal, forward his opinion to the Director of the Governor's Office of Employee Relations, and the PBA, for implementation.

(c)  If it is the opinion of the Director of Classification and Compensation that the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which the employee is certified, the Director of the Governor's Office of Employee Relations, or his designee, shall direct the appointing authority forthwith to discontinue such assigned duties.

(1)  If such substantially different duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employee, no monetary award may be issued.

                   (2)  If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations shall issue an award of monetary relief.  The amount of monetary relief shall be the difference between what the affected employee was earning at the time he performed such duties and what he would have earned at that time in the entry level of the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen calendar days prior to the date the grievance was filed in accordance with this Agreement.

 

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Article 10

Review of Personal History Folder

 

 

            10.1  For the purposes of this Article, there shall be one official personal history folder maintained for an employee. An employee shall, within five (5) working days of a written request to his department, agency or institution, have an opportunity to review his official personal history folder in the presence of a  PBA representative (if requested by the employee) and an appropriate official of the department, agency or institution.  Such right shall not be abused.  The employee shall be allowed to place in such file a response of reasonable length to anything contained therein which such employee deems to be adverse.

            10.2  The official personal history folder shall contain all memoranda or documents relating to such employee which contain criticism, commendation, appraisal or rating of such employee’s performance on his job.  Copies of such memoranda or documents shall be sent to such employee simultaneously with their being placed in his official personal history folder.

            10.3  An employee may, at any time, request and be provided copies of all documents and notations in his official personal history folder of which he has not previously been given copies.  If such file is maintained at a location other than the region, campus or headquarters in which the employee works, it shall be forwarded to the employee’s region, campus or headquarters for requested review by the employee.

            10.4  With the exception of disciplinary actions or annual work performance ratings, any material in the official personal history folder of an adverse nature, over one (1) year old may, upon the employee’s written request, be removed from the official personal history folder by mutual agreement of the employee and the appropriate agency representative.  This does not preclude the earlier removal of such material.

            10.5  Upon an employee’s written request, a counseling memorandum over three years old shall be removed from the official personal history folder, provided that the employee has received no additional counseling memoranda or notice of discipline during that period.  Any reference to such counseling memorandum appropriately removed shall not be contained in the official personal history folder.

            10.6  Counseling of employees shall be carried out pursuant to Appendix “B” and grievances regarding the application of said Appendix shall be processed pursuant to Article 7, paragraph 7.1(b).

            10.7  Documents which have been removed from the official personal history folder pursuant to Section 10.4 or 10.5 shall not be admitted as evidence in a subsequent disciplinary arbitration for that employee.

10.8  Except as specifically prohibited by law and requests related to official State purposes or government investigations, an employee shall be notified of requests for access to the employee’s personal history folder.  For the purpose of this article,alawsuit against an employee or the state shall not be deemed an official state purpose.  Said notification shall be at least seventy-two (72) hours prior to the requested access, provided however, a validly issued subpoena may be satisfied by the employer.  Notwithstanding anything to the contrary, the Employer may respond to a matter in pending litigation without giving an employee seventy-two (72) hours notice where the matter necessitates an immediate response.  Under those circumstances notice to the employee will be given as quickly as possible.  Release of employment and income information in connection with employee credit applications need not be reported to the employee.

 

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Article 11

Compensation

 

            11.1    Legislation

The Employer shall prepare, secure introduction and recommend passage by the Legislature of appropriate legislation in order to provide the benefits described in this Article.

            11.2    General Salary Increase

(a)          Salary Increase for Fiscal Year 2005-2006 

Effective April 1, 2005, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2005, will be increased by 2.25%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(b)          Salary Increase for Fiscal Year 2006-2007

Effective April 1, 2006, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2006, will be increased by 2.75%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(c)          Salary Increase for Fiscal Year 2007-2008

Effective April 1, 2007, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2007, will be increased by 3%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(d)          Salary Increase for Fiscal Year 2008-2009

Effective April 1, 2008, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2008, will be increased by 3%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(e)          Salary Increase for Fiscal Year 2009-2010

Effective April 1, 2009, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2009, will be increased by 3%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(f)           Salary Increase for Fiscal Year 2010-2011

Effective April 1, 2010, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2010, will be increased by 4%.  The salary schedule for employees shall be amended to reflect the increase provided herein.

(g)          Change in Salary Schedule – March 31, 2011

Effective March 31, 2011, the basic annual salary of all members of the agency police services unit who were in full-time annual salaried employment  status  on  March 30, 2011 shall be increased by two thousand six hundred twenty-five dollars  ($2,625.00) to reflect the amount of uniform  cleaning and  maintenance or clothing allowance and security enforcement differential added to base salary.

(h)          Retention Payment (2013-2014)              

Effective April 1, 2013, a lump sum  payment  of  seven  hundred seventy-five  dollars ($775.00) shall be made to each employee in the agency police services unit in full-time annual salaried employment status who was  (i) active on the date of ratification of the agreement between the state and the  employee  organization  representing  employees in the agency police services unit, and (ii) in continuous service, as  defined  by  paragraph (c)  of  subdivision 3 of section 130 of the civil service.  Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary. Notwithstanding the  foregoing  provisions  of  this subdivision,  officers and employees who would have otherwise been eligible to receive such lump sum payment, but who were not on the payroll  on such date, shall be eligible for said payment if they return to full-time   employment  status  during  the  fiscal year 2013-2014 without a break in continuous service.

(i)            Retention Payment (2014-2015)

Effective April 1, 2014, a lump sum payment of two hundred  twenty-five dollars ($225.00) shall be made to each employee in the agency police services unit in full-time annual salaried employment status who was (i) active on the  date  of  ratification  of  the  agreement between the state and the employee  organization  representing  employees  in  the  agency   police services  unit,  and  (ii) in continuous service, as defined by paragraph (c)  of  subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013. Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary.

(j)            Salary Increase for Fiscal Year 2014-2015 

Effective April 1, 2014, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2014, will be increased by 2%. The salary schedule for employees shall be amended to reflect the increase provided herein.

(k)          Other Than Annual Salary Employees

The above provisions shall apply on a prorated basis to employees paid on an hourly or per diem basis or on any basis other than at an annual salary rate or to an employee serving on a part-time basis.

 

 

11.3    Advancement within a Salary Grade

(a)  An employee whose salary is below the job rate is eligible to be considered for a performance advancement payment. Such employee is eligible to receive a performance advancement payment effective April 1 provided the employee had 100 workdays of actual service in grade during the preceding fiscal year. An employee may not exceed the job rate as a result of adding the performance advancement payment.

(b) Employees will advance to the job rate of the salary grade based on periodic evaluations of work performance. These evaluations will be conducted at least annually.

(c) Employees are to be advanced in salary annually based on a performance evaluation of “needs improvement” or better in an amount equivalent to the dollar difference between two consecutive advancement rates. This amount of money is hereafter called the performance advancement payment and is added to basic annual salary.

(d)  A performance advancement payment shall be withheld from an employee who is evaluated “unsatisfactory.” An individual employee may not be assigned an “unsatisfactory” rating more than twice in a row for the purpose of withholding a performance advancement payment in the employee’s current salary grade.

11.4    Promotions

(a) Employees who are promoted, or appointed to a higher salary grade will be paid at the hiring rate of the higher grade or will receive a percentage increase in base pay determined as indicated below, whichever results in a higher salary:

               For a Promotion of                                      An Increase of

  1 Grade                                                                       3.0%

  2 Grades                                                                     4.5%

  3 Grades                                                                     6.0%

  4 Grades                                                                     7.5%

  5 Grades                                                                     9.0%

 

(b)   An employee who is promoted or appointed to a higher salary grade and whose resulting salary is between the hiring rate and the job rate of the grade shall be advanced as described above.

            11.5    Movement to a Lower Salary Grade

(a)  Permanent employees whose positions are reclassified or reallocated to a lower salary grade will not be reduced in salary.

(b)  Employees, except those covered above, who move to a lower salary grade will be placed at a rate in the lower grade which corresponds to their combined performance advancement in both the higher and the lower salary grades.

(c)  Employees who move to a lower salary grade and whose salary is below the job rate will be eligible for performance advancements to the job rate as described above.

11.6    Longevity Payments

(a)  Longevity payments as set out in the salary schedule in Appendix "A" will be provided to employees upon completion of 10, 15, 20, and 25 years of continuous service.  Continuous service shall mean time in a title or combination of titles which have existed and/or presently exist in the Security Services Unit, Security Supervisors Unit, Agency Law Enforcement Services Unit or Agency Police Services Unit.  Such payment will be added to base pay effective on the payroll period which next begins following the actual completion of 10, 15, 20, and 25 years of continuous service.

(b)  In no event may an employee's basic annual salary exceed the longevity maximum of the salary grade as the result of the longevity payment or adjustment.

(c)  Employees whose basic annual salary after the application of the general increase and implementation of the new salary schedule is above the job rate will be considered to have received longevity payments in the amount by which their basic annual salary exceeds the job rate for their grade.

(d)  Such longevity payments will be added to and considered part of base pay for all purposes except for determining an employee's change in salary upon movement to a different salary grade and his potential for movement to the job rate of the new grade, after which determination the appropriate longevity payments will be restored.

(e)  The longevity amount for all employees will be adjusted to reflect the longevity payments which are appropriate to their current salary grade.

            11.7    Location Compensation, Supplemental Location Compensation and Inconvenience Pay

 

(a)      Location Compensation 

All members of this unit who are full-time annual salaried employees and whose principal place of employment, or, in the case of a field employee, whose official station is determined  in  accordance  with  the regulations of the state comptroller, is located in the city of New York, or  in  the  county  of  Rockland,  Westchester, Nassau, or Suffolk shall receive annual location pay in the following amounts:

Effective April 1, 2005  $1302

Effective April 1, 2006  $1338

Effective April 1, 2007  $1378

Effective April 1, 2008  $1419

Effective April 1, 2009  $1462

Effective April 1, 2010 $1520

 

This payment will be equally divided over 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

(b)      Supplemental Location Compensation

All members of this unit who are full-time annual salaried employees and whose principal place of employment, or in the case of a field employee, whose official station is determined in accordance with the regulations of the state comptroller, is located in the city of New York, or in the county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or Suffolk, shall receive annual supplemental location pay, in the following amounts:

                                              Orange/Putnam/                NYC/Rockland/      Nassau/

                                                    Dutchess                    Westchester           Suffolk

 

Effective April 1, 2005                     $1,085                      $1,627                   $1,899

Effective April 1, 2006                     $1,115                      $1,672                   $1,951

Effective April 1, 2007                     $1,148                      $1,722                   $2,010

Effective April 1, 2008                     $1,182                      $1,774                   $2,070

Effective April 1, 2009                     $1,217                      $1,827                   $2,132

Effective April 1, 2010                     $1,266                      $1,900                   $2,217

 

This payment will be equally divided over 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

(c)      Employees in Monroe County who were on the payroll on May 23, 1985, will continue to receive $203 location compensation for the term of this Agreement so long as they are otherwise eligible.

(d)      Inconvenience Pay

The inconvenience pay program for employees who work four hours or more between 6:00 p.m. and 6:00 a.m., except on an overtime basis, will be continued as provided in Chapter 333 of the Laws of 1969 as amended subject to the following annual amounts:

Effective April 1, 2005                     $511

Effective April 1, 2006                     $525

Effective April 1, 2007                     $541

Effective April 1, 2008                     $557

Effective April 1, 2009                     $574

Effective April 1, 2010                     $597

 

 

            11.8    Premium Pay

            (a)    Upon ratification of this Agreement, the Employer shall provide premium pay for Forest Rangers II and III at the rate of 18 percent of their basic annual compensation.

            (b)    If it is determined that any employee receiving premium pay pursuant to paragraph (a) above is eligible for overtime compensation under the Fair Labor Standards Act (FLSA), such premium pay for such employee shall cease when the Employer is required to commence payment of overtime compensation pursuant to the FLSA.

            11.9    Pre-Shift Briefings

(a)    Members of the unit who are full-time annual salaried who are required, authorized and actually assemble for pre-shift briefing or line up before the commencement of their regular tour of duty shall continue to be paid for pre-shift briefing at one and one-half times the hourly rate of pay provided for by subdivision 1 of section 134 of the civil service law and the rules and regulations of the director of the budget.

(b)    However, members of the unit who are employees of  the  Department of Environmental Conservation who do not physically line up shall be paid the  equivalent  of pre-shift compensation for vehicle, equipment, office maintenance, and  the  handling  of  phone  calls  and  home  visitations   received  and  instigated  outside  of  the regular workday. This payment supplants any payments made to such employees for equipment storage.   

(c)      There shall be no payment of pre-shift briefing for any day in which any employee is not physically reporting to work.

(d)      There shall be no payment of pre-shift briefing to any member of the unit who receives premium pay. 

(e)      Nothing contained in this section shall prevent the establishment of mutually agreed upon local arrangements regarding the duties that may be performed to satisfy entitlement to this benefit, subject to the approval of the parties to this Agreement.

            11.10  Security and Law Enforcement Differential

(a)      The employer shall provide a security and law enforcement differential to all full-time annual salaried employees in recognition of their enhanced security and law enforcement responsibilities inherent in the positions covered by this Agreement.  Such payment shall be as follows:

Effective April 1, 2005                     $588

Effective April 1, 2006                     $604

Effective April 1, 2007                     $622

Effective April 1, 2008                     $641

Effective April 1, 2009                     $660

Effective April 1, 2010                     $686

  

Such payments shall not be added to base salary, but shall be made biweekly.

 

(b)      Effective March 31, 2011, the security enforcement differential rate shall  be  increased  to the rate of one thousand five hundred fifty dollars ($1,550.00), added to the basic  annual salary of those employees in payroll status on March 30, 2011, and thereafter eliminated as a separate payment.  The salary schedule for employees shall be amended to reflect the increase provided herein.

11.11  Hazardous Material Pay

 

(a)      Effective April 1, 2003, all members of this unit who are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law, full-time annual salaried employees, and employed by the Department of Environmental Conservation Division of Law Enforcement will receive $1,500 annually in recognition of their expertise and handling of Hazardous material.

(b)      This payment will be equally divided over 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

            11.12     Hazardous Material, Fire Management, Search and Rescue Pay

            (a)      Effective April 1, 2003, all members of this unit who are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law, full-time annual salaried employees, and employed by the Department of Environmental Conservation, Division of Forest Protection will receive $1,500 annually in recognition of their expertise and handling of Hazardous material, fire suppression and search and rescue activities.

            (b)      This payment will be equally divided over 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

            11.13     Marine/Off Road Enforcement Pay

            (a)       Effective April 1, 2003, all members of this unit who are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law, full-time annual salaried employees, and employed by the Office of Parks, Recreation & Historic Preservation or the Department of Environmental Conservation, Division of Law Enforcement and/or Division of Forest Protection will receive $1,500 annually in recognition of their expertise in Marine and Off-Road Enforcement.

            (b)       This payment will be equally divided over the 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

            11.14      Expanded Duty Pay

(a)          In recognition of the additional duties and responsibilities performed by the police officers in this unit as a result of the September 11th terrorist attacks, all members of this unit who are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law and are full-time annual salaried employees will receive annual expanded duty pay in the amount of $2575 effective April 1, 2004.

(b)        Effective March 31, 2011, this amount shall be increased to $3075 annually.  

(c)           This payment will be equally divided over the 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes.

            11.15  Command Pay 

 

The Employer shall continue to provide command pay for Chief Environmental Conservation Officers and Environmental Conservation Investigators III at the rate of five (5) percent of their basic annual compensation. Command pay shall be paid in recognition of those additional responsibilities placed upon employees in the above referenced titles. Such additional responsibilities shall include the authorization and control of all overtime incurred by subordinate supervisors in addition to the monitoring and control of all overtime expenditures within their allocated budget. Additional responsibilities shall also include those activities associated with the deployment of subordinate supervisors when managing incidents and occurrences, and where appropriate assuming direct command responsibility.

            11.16  Retroactivity

All wage payments shall be retroactive as specified in this article except that the amount of any retroactive payment shall be reduced by the value of nine days and the value of the increase in the health insurance premium retroactive to October 1, 2011.

            11.17  Effective Date of Increases

The increases in compensation provided herein shall become effective the payroll period nearest to the stated date, as provided in New York State Finance Law Section 44(8).

 

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Article 12

Health, Dental and Prescription Drug Insurance

 

            12.1       The State shall continue to provide all the forms and extent of coverage as defined by the contracts in force on March 31, 2005 with the State health and dental insurance carriers unless specifically modified or replaced pursuant to this Agreement.

            12.2       Eligibility

            12.2(a)(1)       A permanent full‑time employee who loses employment as a result of the abolition of a position shall continue to be covered under the New York State Health Insurance Program (“NYSHIP”) for one year following such layoff or until re-employment by the State or employment by another employer, in a benefits eligible position, whichever occurs first. The premium contribution required of preferred list eligibles for such continuation shall be the same as the premium contribution required of an active employee.

            12.2(a)(2)       Covered dependents of employees who are activated for military duty as a result of an action declared by the President of the United States or Congress shall continue health insurance coverage with no employee contribution for a period not to exceed 12 months from the date of activation, less any period the employee remains in full pay status.  Contribution-free health insurance coverage will end at such time as the employee’s active duty is terminated, 12 months have expired, or the employee returns to State employment whichever occurs first.

            12.2(a)(3)       Effective July 1, 2012 covered dependent children up to age 26 shall be provided with health insurance, including prescription drug benefits.

            12.2(a)(4)       Covered dependent students shall be provided with dental and vision benefits including a three-month extended benefit period upon completion of each semester.  The benefit extension will begin on the first day of the month following the month in which dependent student coverage would otherwise end and will last for three months or until such times as eligibility would otherwise be lost under existing Plan rules.

            12.2(a)(5)       Domestic Partners who meet the definition of a partner and can provide acceptable proofs of financial interdependence, as outlined in the Affidavit of Domestic Partnership and Affidavit of Financial Interdependency shall be eligible for health care coverage.

             12.2(b)            Waiting Period - Newly-hired employees represented by the PBA (The Agency Police Services Unit) shall be required to serve a 56 day waiting period before eligibility for health insurance coverage begins.

             12.2(c)            Health Insurance Enrollment Opt-Out:  Effective July 1, 2012, NYSHIP enrollees who can demonstrate and attest to having other coverage that is not through New York State, Participating Employers, or their Retirees, may annually elect to opt-out of NYSHIP’s Empire Plan or Health Maintenance Organizations (HMOS).  Employees who choose to opt out of NYSHIP will receive an annual payment of $1000 for opting out of individual coverage or $3000 for opting out of family coverage.  The Opt-out program will allow for re-entry to NYSHIP during the calendar year subject to a federally qualifying event and during the annual option transfer period.  The enrollee must be enrolled in NYSHIP prior to April 1st of the previous plan year in order to opt-out unless newly eligible to enroll.  The Opt-out payment will be prorated over the twenty-six (26) payroll cycles and appear as a credit to the employee’s wages for each biweekly payroll period the eligible individual is qualified.  Eligible enrollees who opt-out of NYSHIP coverage shall be deemed to be enrolled in NYSHIP for the sole purpose of eligibility for retiree health insurance coverage.

            

           12.3       Benefits Management Program

 

            12.3(a)(1)       Pre-certification will be required for all elective inpatient confinements to provide an opportunity for a review of surgical and diagnostic procedures for appropriateness of setting and treatment

            12.3(a)(2)       Pre-certification will be required prior to maternity admissions in order to highlight appropriate prenatal services and reduce costly and traumatic birthing complications.

            12.3 (a)(3)      A call to the Benefits Management Program will be required within 48 hours of admission for all emergency or urgent admissions to permit early identification of potential "case management" situations.

            12.3 (a)(4)      Precertification will be required prior to an admission to a Skilled Nursing Facility (SNF).

            12.3 (a)(5)      The hospital deductible amount imposed for non‑compliance with pre-certification requirements will be $200. This deductible will be fully waived in instances where the medical record indicates that the patient was unable to make the call. In instances of non‑compliance, a retroactive review of the necessity of services received shall be performed.

            12.3 (a)(6)          Any day deemed inappropriate for an inpatient setting and/or not medically necessary after exhausting the internal and external appeal processes will be excluded from coverage under the Empire Plan.

            12.3 (a)(7)          The Prospective Procedure Review Program (PPR) will screen for the medical necessity of certain listed diagnostic procedures which, based on Empire Plan experience, have been identified as potentially unnecessary or over-utilized.

            12.3 (a)(8)         The Empire Plan Benefits Management Program Prospective Procedure Review requirement includes  Magnetic Resonance Imaging (MRI).  Effective July 1, 2012 Computerized Axial Tomography (CAT Scan), Positron Emission Tomography (PET Scans), Magnetic Resonance Angiography (MRAs) and diagnostic Nuclear Medicine Procedures will be added to the Prospective Procedure Review Program.

* Enrollees will be required to call the Benefits Management Program for Pre-certification when a listed procedure is recommended, regardless of setting.  Enrollees will be requested to call two weeks before the date of the procedure.

* Current co‑insurance levels will apply for failure to comply with the requirements of the Prospective Procedure Review Program regardless of setting.

           

            12.4       Hospital Services

 

            12.4(a)(1)          The copayment for emergency room services will be $50. Effective July 1, 2012, the copayment for emergency room services will be $70.  The copayment for outpatient services covered by the hospital contract will be $35 copayment per outpatient visit.  Effective July 1, 2012 the copayment for outpatient services in a hospital or extension clinic will be $40. Effective July 1, 2012 the copayment for outpatient surgery in a hospital or extension clinic will be $60.  

            The Emergency room and hospital outpatient copayments will be waived for persons admitted to the hospital as an inpatient directly from the outpatient setting, and for the following covered chronic care outpatient services: chemotherapy, radiation therapy, and hemodialysis.

            12.4(a)(2)          Coverage for services provided in the outpatient department of a hospital will be expanded to include services provided in a remote location of the hospital (hospital owned and operated extension clinics).  Emergency care provided in such remote location of the hospital will be subject to the $50 emergency room copayment. Effective July 1, 2012 the copayment for emergency room services will be $70. Outpatient services provided in such remote location of the hospital will be subject to the $35 outpatient hospital copayment.Effective July 1, 2012 outpatient services will subject to a $40 copayment.  Effective July 1, 2012 outpatient surgery will be subject to a $60 copayment.  These copayments will be waived for persons admitted to the hospital as an inpatient directly from the outpatient setting.

            12.4(a)(3)       The copayment for all pre-admission testing/pre-surgical testing prior to an inpatient admission will be waived.

12.4(a)(4)       The Hospital component (inpatient and outpatient services) of the Empire Plan will be modified as follows:

           

             12.5       Medical Services

 

            12.5(a)            The Empire Plan shall include medical/surgical coverage through use of participating providers who will accept the Plan's schedule of allowances as payment in full for covered services. Except as noted below, benefits will be paid directly to the provider at 100 percent of the Plan's schedule not subject to deductible or coinsurance.     

            12.5(a)(1)          Office visit charges by participating providers will be subject to a $15 copayment per covered individual. Effective July 1, 2012 office visit charges by participating providers will be subject to a $20 copayment. 

            Covered surgical procedures rendered by participating providers will be subject to a $15 copayment.  Effective July 1, 2012 covered in-office surgical procedures rendered by participating providers will be subject to a $20 copayment up to a 2 copayment max.

            12.5(a)(2)          All covered radiology services rendered by participating providers will be subject to a $15 copayment per covered individual.  Effective July 1, 2012, all covered radiology services rendered by participating providers will be subject to a $20 copayment per covered service.

            All covered outpatient laboratory services rendered by participating providers will be subject to a $15 copayment per covered individual.  Effective July 1, 2012, all covered outpatient laboratory services rendered by participating providers will be subject to a $20 copayment per covered service.

            12.5(a)(3)          Effective July 1, 2012, all covered services provided at an ambulatory surgery center are subject to a $30 copayment by the enrollee.  All anesthesiology, radiology, and laboratory tests performed on the day of the surgery shall be included in this single copayment.  The office visit, office surgery, outpatient radiology and laboratory copayment amounts may be applied against the basic medical coinsurance maximum, however, they will not be considered covered expenses for basic medical payment.

            12.5(b)               The State shall require the insurance carriers to continue to actively seek new participating providers in regions that are deficient in the number of participating providers, as determined by the Joint Committee on Health and Dental Benefits.

            12.5(c)               The Empire Plan participating provider schedule of allowances and the basic medical reasonable and customary levels will be no less than the levels in effect on March 31, 2005.   

            12.5(d)               Covered charges for medically appropriate local professional ambulance transportation will be a covered major medical expense subject only to a $35 copayment. Volunteer ambulance transportation will continue to be reimbursed for donations at the current rate of $50 for under 50 miles and $75 for 50 miles or over. These amounts are not subject to deductible or coinsurance.

            12.5(e)            The basic medical component deductible shall be $271per enrollee; $271per enrolled spouse; and $271per all dependent children combined plus an annual percentage increase effective January 1, 2003, and thereafter on each successive January 1, in an amount equal to the percentage increases in the medical care component of the CPI for Urban Wage Earners and Clerical Workers, All Cities (CPI‑W) for the period July 1 through June 30 of the preceding year.  Effective January 1, 2012 the annual basic medical component deductible shall equal $1,000 per enrollee, $1,000 per covered spouse/domestic partner and $1,000 for one or all dependent children.  Coincident with the implementation of the January 1, 2012 Federal Mental Health Parity requirements, covered expenses for basic medical services, mental health and/or substance abuse treatments and home care advocacy services will be included in determining the basic medical component deductible.  As set forth in Section 12.15 of this Agreement, a separate deductible for managed physical medicine services will continue on and after January 1, 2012.

            12.5(f)             The basic medical component shall pay 80 percent reimbursement of reasonable and customary charges for the first $5025 of covered expenses in a calendar year, ($1,005 maximum out‑of‑pocket expense) then 100 percent of reasonable and customary covered expenses. Effective January 1, 2003 and on each successive January 1, the maximum annual coinsurance out‑of‑pocket expense will increase by a percentage amount equal to the percentage increase in the medical care component of the CPI for Urban Wage Earners and Clerical Workers, All Cities (CPI‑W) for the period July 1 through June 30 of the preceding year.  Effective January 1, 2012 with the implementation of the Federal Mental Health Parity requirements, the annual maximum enrollee coinsurance out-of-pocket expense under the basic medical component shall be $3,000 for the enrollee, $3,000 for the covered spouse/domestic partner and $3,000 for one or all dependent children.  Effective January 1, 2012, the coinsurance maximums will include out-of-pocket expenses for covered hospital, medical, mental health and substance abuse services.  The coinsurance maximums will not include out-of-pocket expenses for covered home care advocacy program services as set forth in Section 12.6(l) of this Agreement nor covered managed physical medicine services as set forth in Section 12.15 of this agreement.

12.5(g)            Effective July 1, 2012, if there are no participating providers available within the established access standards, enrollees will receive paid-in-full benefits (less any appropriate participating provider copayment).  Guaranteed network-level benefits will be made available to enrollees for primary care physicians and core specialty providers as follows: allergy, anesthesia, cardiology, dermatology, laboratory, neurology, ophthalmology, orthopedic surgery, otolaryngology, pathology, pulmonary medicine, radiology, and urology.

            12.6    The Police Benevolent Association New York State (PBA) Enhancements

 

            In addition to the basic Empire Plan benefits, the Empire Plan for PBA bargaining unit members shall include:

            (a)          The State agrees to provide alternative Health Maintenance Organization (HMO) coverage.

            (b)          The annual and lifetime maximum for each covered person under the basic medical component shall be unlimited.

            (c)          Routine pediatric care including all preventive pediatric immunizations, both oral and injectable, shall be considered a covered medical expense under the participating provider component and the basic medical component.  Influenza vaccine will be on the list of pediatric immunizations, subject to appropriate protocols, under the participating provider and basic medical components of the Empire Plan.

            (d)          The newborn care allowance under the basic medical component shall be subject to deductible or coinsurance. 

            (e)          The Pre‑Tax Contribution Program will continue unless modified or exempted by the Federal Tax Code.

            (f)           An employee retiring from State service may delay commencement or suspend his/her retiree health coverage and the use of the employee's sick leave conversion credits, provided that the employee applies for the delay or suspension, and furnishes proof of continued coverage under the health care plan of the employee's spouse, or from post‑retirement employment.  The surviving spouse of a retiree who dies while under a delay or suspension may transfer back to the New York State Health Insurance Program on the first of any month coinciding with or following the retiree's death.

            (g)          Office visit charges by participating providers for well childcare will be excluded from the office visit copayment.

            (h)          Charges by participating providers for professional services for allergen immunotherapy in the prescribing physician's office or institution and chronic care services for chemotherapy, radiation therapy, or hemodialysis will be excluded from the office visit copayment.

            (i)           In the event that there is both an office visit charge and office surgery charge by a participating provider in any single visit, the covered individual will be subject to a single copayment.

            (j)           Outpatient radiology services and laboratory services rendered during a single visit by the same participating provider will be subject to a single copayment.

            (k)          Dual Annuitant Sick Leave Credit

            An employee who is eligible to continue health insurance coverage upon retirement and who is entitled to a sick leave credit to be used to defray any employee contribution toward the cost of the premium, may elect an alternative method of applying the basic monthly value of the sick leave credit.

            Employees selecting the basic sick leave credit may elect to apply up to 100 percent of the calculated basic monthly value of the credit toward defraying the required contribution to the monthly premium during their own lifetime. If employees who elect that method predecease their eligible covered dependents, the dependents may, if eligible, continue to be covered, but must pay the applicable dependent survivor share of the premium.

            Employees selecting the alternative method may elect to apply only up to 70 percent of the calculated basic monthly value of the credit toward the monthly premium during their own lifetime. Upon the death of the employee, however, any eligible surviving dependents may also apply up to 70 percent of the basic monthly value of the sick leave credit toward the dependent survivor share of the monthly premium for the duration of the dependents' eligibility. The State has the right to make prospective changes to the percentage of credit to be available under this alternative method for future retirees as required to maintain the cost neutrality of this feature of the plan.

            The selection of the method of sick leave credit application must be made at the time of retirement, and is irrevocable. In the absence of a selection by the employee, the basic method shall be applied.

            (l)           The Home Care Advocacy Program (HCAP), will provide services in the home for medically necessary private duty nursing, home infusion therapy and durable medical equipment under the participating provider component of the Empire Plan.

The Home Care Advocacy Program (HCAP) non-network benefit for individuals who fail to have medically necessary designated HCAP services and supplies pre-certified by calling HCAP and/or individuals who use a non-network provider will be subject to the following provisions:

- Where nursing services are rendered, the first 48 hours of nursing care will not be a covered expense;

- Services (including nursing services), equipment and supplies will be subject to the annual basic medical deductible and reimbursed at 50 percent of the HCAP network allowances;

-The basic medical out-of-pocket maximum will not apply to HCAP designated services, equipment and supplies.

            (m)         All professional component charges associated with ancillary services billed by the outpatient department of a hospital for emergency care for an accident or for sudden onset of an illness (medical emergency) will be a covered expense under the participating provider or the basic medical component of the Empire Plan not subject to deductible or coinsurance, when such services are not otherwise included in the hospital facility charge covered by the hospital carrier.

            (n)          Employees and their covered spouses 40 years of age and older shall be reimbursed up to the Reasonable & Customary Allowance annually towards the cost of a routine physical examination.  These benefits shall not be subject to a deductible or coinsurance.

            (o)          Services for examinations and/or purchase of hearing aids shall be a covered basic medical benefit. The hearing aid reimbursement will be $1,200, per hearing aid, per ear, once every four years, not subject to deductible or coinsurance. Effective July 1, 2012, the hearing aid reimbursement shall be increased to $1,500, per hearing aid, per ear, once every four years, not subject to deductible or coinsurance. For children 12 and under the same benefits can be available after 24 months, when it is demonstrated that a covered child's hearing has changed significantly and the existing hearing aid(s) can no longer compensate for the child's hearing impairment.  Coincident with the increase in the hearing aid allowance, if a significant change in hearing occurs and the existing hearing aid(s) can no longer compensate for the hearing impairment, eligible enrollees over the age of 12 may be eligible to receive the benefit prior to 4 years.

            (p)          The Empire Plan participating provider and basic medical coverage for the treatment of infertility will be modified as follows:

- access to designated “Centers of Excellence” including a travel benefit;

- treatment of “couples” as long as both partners are covered either as enrollee or dependent under the Empire Plan;

- lifetime coverage limit per individual of $50,000;

- prior authorization required for certain procedures.  

            (q)          The medical component of the Empire Plan shall include a voluntary nurse-line feature to provide both clinical and benefit information through a toll-free phone number.

            (r)          (1) Mastectomy Brassieres prescribed by a physician, including replacements when it is functionally necessary to do so, shall be a covered benefit under the basic medical component of the Empire Plan.

                          (2) External mastectomy prostheses will be a covered in full benefit, not subject to deductible or coinsurance. Coverage will be provided by the medical carrier as follows:

            (s)          The cost of certain injectable adult immunizations shall be a covered expense, subject to copayments, under the participating provider portion of the Empire Plan.  The list of immunizations shall include Influenza, Pneumococcal Pneumonia, Measles, Mumps, Rubella, Varicella, Tetanus Toxoid; effective July 1, 2012, Meningococcal Meningitis, and Herpes Zoster (Shingles) and shall be subject to protocols developed by the medical program insurer.

(t)         A Medical Flexible Spending Account (MFSA) shall be available to eligible employees.  Eligible expenses under the Medical Flexible Spending Account will include over-the-counter medications according to guidelines developed by the Medical Flexible Spending Account Administrator. 

            (u)          The Empire Plan hospital program will include a voluntary “Centers of Excellence” program for organ and tissue transplants.  The Centers will be required to provide pre-transplant evaluation, hospital and physician service (inpatient and outpatient), transplant procedures, follow-up care for transplant related services and any other services as identified during implementation as part of an all inclusive global rate.  A travel allowance for transportation and lodging will be included as part of the Centers of Excellence program.

        (v)            The Empire Plan Centers of Excellence Programs will include Cancer Resource Services. The Cancer Resource Program will provide:

        (w)           A network of prosthetic and orthotic providers is available under the Medical component.  Prostheses or orthotics obtained through an approved prosthetic/orthotic network provider will be paid in full under the participating provider component of the Empire Plan, not subject to copayment.  For prostheses or orthotics obtained other than through an approved prosthetic/orthotic network provider, reimbursement will be made under the basic medical component of the Empire Plan, subject to deductible and coinsurance.  If more than one prosthetic or orthotic device can meet the individual’s functional needs, benefits will be available for the most cost-effective piece of equipment.  Benefits are provided for a single-unit prosthetic or orthotic device except when appropriate repair and/or replacement of devices are needed.

        (x)            The Basic Medical Provider Discount Program will be available through the basic medical component of the Empire Plan.  This program offers discounts from certain physicians and other providers who are not part of the Empire Plan participating provider network but are an Empire Plan Multiplan provider.  To be eligible to receive the Basic Medical Provider Discount Program the following conditions must be met:

        Empire Plan enrollees will have access to an expanded network of providers through an additional provider network;

            (y)          The Empire Plan medical component shall include various voluntary disease management programs.

            (z)          Effective July 1, 2012 preventive care services as established by the 2010 Federal Patient Protection and Affordable Care Act will be covered in-full (i.e., not subject to copayment) when an individual utilizes a Participating Provider.

            (aa)        Effective July 1, 2012 or as soon as practicable, licensed and certified nurse practitioners and convenience care clinics (aka minute clinics) will be available as participating providers in the Empire Plan subject to the applicable participating provider copayment(s).

            (bb)        Effective July 1, 2012, the basic medical program will provide paid in full benefits for prosthetic wigs subject to a lifetime maximum benefit of $1,500.

            (cc)        Effective July 1, 2012, the HCAP program will provide coverage for one pair of diabetic shoes per year.  Coverage will be provided as follows: individuals who use a network provider will receive a paid-in-full benefit up to a maximum of $500 per year; individuals who use a non-network provider will receive reimbursement under the Basic Medical component of the Empire Plan, subject to deductible with the remainder paid at 75 percent of the HCAP allowance up to a maximum of $500 per year.

 

                 12.7       Prescription Drug Services

            12.7(a)            The Prescription Drug Program will cover medically necessary drugs requiring a physician's prescription and dispensed by a licensed pharmacist.  Coverage will be provided under the Empire Plan Prescription Drug Program for prescription vitamins and contraceptives. 

            12.7(b)            Mandatory generic substitution will be required for all brand‑name multi‑source prescription drugs (a brand‑name drug with a generic equivalent) covered by the Prescription Drug Program.

On a case-by-case basis, when a physician provides sufficient medical justification of the need for a brand‑name drug where a generic equivalent is available, the Program administrator will review the physician's request and rule on the appropriateness of a waiver of the mandatory generic substitution

(1)                  12.7(b)(1)       A third level of prescription drugs and prescription drug copayments exists to differentiate between Level One (generic),  Level Two (preferred brand) and Level Three (non-preferred brand).  The copayment for prescription drugs purchased at a retail pharmacy or the mail service pharmacy for up to a 30-day supply shall be as follows:

When a brand-name prescription drug is dispensed and an FDA-approved generic equivalent is available, the member will be responsible for the difference in cost between the generic drug and the non-preferred brand-name drug, plus the non-preferred brand-name copayment not to exceed the cost of the drug.

             12.7(b)(2)       The copayment for prescription drugs purchased at a retail pharmacy for a 31-90 day supply shall be as follows:

When a brand-name prescription drug is dispensed and an FDA-approved generic equivalent is available, the member will be responsible for the difference in cost between the generic drug and the non-preferred brand-name drug, plus the non-preferred brand-name copayment not to exceed the cost of the drug.

             12.7(b)(3)       The copayment for prescription drugs purchased through the mail service pharmacy for a 31-90 day supply will be as follows:

When a brand-name prescription drug is dispensed and an FDA-approved generic equivalent is available, the member will be responsible for the difference in cost between the generic drug and the non-preferred brand-name drug, plus the non-preferred brand-name copayment not to exceed the cost of the drug.

Effective January 1, 2013, new-to-you prescriptions will require two 30 day fills at a retail setting prior to being able to obtain a 90 day fill through retail or mail.

             (c)        Effective July 1, 2012 drugs considered to be “specialty drugs” (including but not limited to drugs requiring special handling, special administration and/or intensive patient monitoring and biotech drugs developed from human cell proteins and DNA) will be dispensed through the Empire Plan Specialty Pharmacy Program.

a)            for up to a 30-day supply:

  1. $5 Generic/Level One
  2. $25 Preferred-Brand/Level Two
  3. $45 Non-Preferred Brand/Level Three

b)            for a 31 to 90 day supply:

  1. $5 Generic/Level One
  2. $50 Preferred Brand/Level Two
  3. $90 Non-Preferred Brand/Level Three

(d)          Effective October 1, 2011 when deemed appropriate the Empire Plan Prescription Drug Program Insurer/Pharmacy Benefit Manager shall be permitted additional flexibility in the management of the formulary, including the following;

        • Place a brand name drug on Level One and exclude or place a generic drug on Level Three subject to the appropriate copayment.  This placement may be revised mid-year when such revision is advantageous to the Plan.  Enrollees will be notified in advance of such changes.

        • Certain therapeutic categories with two or more clinically sound and therapeutically equivalent Level One options may not have a brand name drug in Level Two.

        • Access to one or more drugs in select therapeutic categories may be excluded if the drug(s) has no clinical advantage over other generic and brand name medications in the same therapeutic class.

        • Effective July 1, 2012 upon implementation of the “Enhanced Flexible Formulary”, enrollees who are prescribed and fill a prescription for certain Level One Drugs instead of excluded drugs shall receive a four month Level One copayment waiver.  The drugs chosen for the copayment waiver shall be the top 3 highest volume preferred or non-preferred drugs that are excluded under the Enhanced Flexible Formulary, as determined by the Prescription Drug Program Insurer/Pharmacy Benefit Manager.

                 12.8       Premium Contribution

             12.8(a)            The State agrees to pay 90 percent of the cost of individual coverage and 75 percent of the cost of dependent coverage, provided under the Empire Plan. The State shall pay 90 percent for individual prescription drug coverage and 75 percent for dependent prescription drug coverage under the Empire Plan.  Effective October 1, 2011 for employees in a title Salary Grade 10 and above (or an employee equated to a position title Salary Grade 10 and above) the State agrees to pay 84 percent of the cost of individual coverage and 69 percent of the cost of dependent coverage provided under the Empire Plan and 84 percent for individual prescription drug coverage and 69 percent for dependent drug coverage under the Empire Plan.

             12.8(b)            The State agrees to pay 90 percent of the cost of individual coverage and 75 percent of the cost of dependent coverage, toward the hospital/medical/mental health and substance abuse components of each HMO, not to exceed, 100 percent of its dollar contribution for those components under the Empire Plan. The State will pay 90 percent of the cost of individual prescription drug coverage and 75 percent of the cost of dependent prescription drug coverage under the Health Maintenance Organizations.  Effective October 1, 2011 for employees in a title Salary Grade 10 and above (or an employee equated to a position title Salary Grade 10 and above) the State agrees to pay 84 percent of the cost of individual coverage and 69 percent of the cost of dependent coverage toward the hospital/medical/mental health and substance abuse component of each HMO, not to exceed 100 percent of its dollar contribution for those components under the Empire Plan and the State agrees to pay 84 percent of the cost of individual prescription drug coverage and 69 percent of dependent prescription drug coverage under each participating HMO.

            12.8(c)            The unremarried spouse of an employee, who retires after April 1, 1979, with ten or more years of active State service and subsequently dies, shall be permitted to continue coverage in the health insurance program with payment at the same contribution rates as required of active employees.

            12.8(d)            The unremarried spouse of an active employee, who dies after April 1, 1979 and who, at the date of death was vested in the Employee's Retirement System and within ten years of his/her first date of eligibility for retirement shall be permitted to continue coverage in the health insurance program with payment at the same contribution rates as required of active employees.

            12.8(e)            Any employee who is a member of the New York State Policemen's and Firemen's Retirement System and eligible to continue health insurance coverage upon retirement and who is entitled to a sick leave credit to be used to defray his/her contribution toward the cost of the premium shall have the value of his/her sick leave credit calculated based upon the actuarial life expectancies chart used by the New York State Policemen’s and Firemen’s Retirement System.

For employees retiring on or after December 31, 2011, the basic monthly value of the sick leave credit shall continue to be calculated in the same manner except that the calculation shall be based on  the “1999 Unisex” actuarial table of life expectancy used by the New York State Employees Retirement System.

            12.9       Option Transfer

            12.9(a)            Eligible employees in the State Health Insurance Plan may elect to participate in a federally qualified or State certified Health Maintenance Organization (HMO) which has been approved to participate in the State Health Insurance Program by the Joint Committee on Health and Dental Benefits.  Employees may change their health insurance option each year throughout the month of November unless another period is mutually agreed upon by the State and the Joint Committee on Health and Dental Benefits.

            12.9(a)(1)       If the rate renewals are not available by the time of the option transfer period, then the option transfer period shall be extended to assure ample time for employees to transfer.

            12.10     Joint Committees on Health and Dental Benefits

            (a)          The State and the PBA (Agency Police Services Unit) agree to continue the Joint Committee on Health and Dental Benefits. The Committee shall consist of at least three representatives selected by the PBA (Agency Police Services Unit) and three representatives selected by the State.

            (b)          The State shall seek the appropriation of funds by the Legislature to support committee initiatives and to carry out the administrative responsibilities of the Joint Committee in the amount of $3680 for the period April 1, 2011 to March 31, 2012, $3680 for the period April 1, 2012 to March 31, 2013, $3680 for the period April 1, 2013 to March 31, 2014 and $3754 for the period April 1, 2014 to March 31, 2015.

            (c)          The Joint Committee on Health and Dental Benefits shall meet within 14 days after a request to meet has been made by either side.

            (d)          The Joint Committee shall work with appropriate State agencies to review and oversee the various health plans available to employees represented by the PBA (Agency Police Services Unit).

            (e)          The Joint Committee on Health and Dental Benefits shall work with appropriate State agencies to monitor future employer and employee health plan cost adjustments.

            (f)           The Joint Committee shall be provided with each carrier rate renewal request upon submission and be briefed in detail periodically on the status of the development of each rate renewal.

            (g)          The State shall require that the insurance carriers for the New York State Health Insurance Program submit claims and experience data reports directly to the Joint Committee on Health and Dental Benefits in the format and with such frequency as the Committee shall determine.

            (h)          The Joint Committee on Health and Dental Benefits shall work with appropriate State agencies to make mutually agreed upon changes in the Plan benefit structure through such initiatives as:  (1) HMO Workgroup (2) Ambulatory Surgery Center development; (3) HCAP/ER benefit-review; (4) The ongoing review of the Managed Physical Medicine Program;  (5) An annual review of the list of procedures requiring Prospective Procedure Review; The JCHB and the State will evaluate the current pre-notification of radiology services and review the viability of pre-authorizing non-urgent/non-emergent cardiologic procedures and testing; (6) Review of the appropriateness of additional chronic copayment waivers; (7) Work with the dental carrier to increase access to participating dental specialists such as orthodontists; (8) Work with the State to monitor and oversee a voluntary disease management program under the medical component of the Empire Plan; (9) Work with the State on the ongoing review of theHealthcare Spending Account; (10) Work with the State to monitor and oversee the voluntary “Centers of Excellence” program for organ and tissue transplants within the hospital component of the Empire Plan, and infertility and Cancer Resource Services currently within the Medical Component of the Empire Plan; (11) Work with the State and medical carrier to develop an enhanced network of urgent care facilities; (12) Will work with the State to implement a direct debit vehicle to be utilized under the Medical flexible Spending Account; (13) Work with the State to implement and oversee a bariatric surgery management program; (14) Work with the State to implement and oversee a Healthy Back Disease Management Program.

            12.11     Vision Care Benefits

            The State shall provide for and pay the full cost for the vision care plan in effect as of March 31, 2005. 

(a)       Waiting Period - Newly-hired employees represented by the PBA (Agency Police Services Unit) shall be required to serve a 56 day waiting period before eligibility for vision care coverage begins.

            (b)       The plan shall provide a $200 allowance for the cost of eye examination and contact lenses. 

            (c)        The Plan shall provide the complete selection of frames available to other participants in the Plan including the frame selections designated as standard, supplemental and designer/metal.

            (d)       The State shall provide toll‑free telephone service for insurance information and assistance to employees and dependents on vision care insurance matters.

            (e)       Dependents under 19 years of age will be eligible to receive vision care benefits every 12 months.

            (f)        Covered Plan eye glasses (frames and lenses) and/or contact lenses may be obtained within (90) ninety days after a vision examination by a participating Vision Care Plan Provider.

            (g)       If new lenses are required due to vision changes resulting from a medical condition for which the individual is under the care of a physician, vision care benefits, including an examination, new lenses and, if appropriate, new frames, shall be available sooner than once every two years, but not sooner than one year from the last use of vision care benefits, upon written documentation by an ophthalmologist that the medical condition has caused a vision loss that requires a new prescription. Documentation of the vision loss must be provided in writing by the ophthalmologist each time a new prescription is needed sooner than the standard two-year interval.

            (h)       Covered plan lenses shall include photosensitive lenses (plastic or glass), no-line bifocals, ultra thin lenses, high index lenses and scratch resistant coating.

(i)         The PBA (Agency Police Services Unit) Vision Care Plan will be modified as follows:

1.  Lasik and other corrective vision care procedures performed to nearsightedness and/or farsightedness not covered through the Empire Plan or an HMO shall be a covered service for employees only.

2.  Spouses/Domestic Partners and dependent children shall be eligible to participate in a discount program up to 25 percent for such procedures but will be responsible for any and all costs associated with such procedures.

3.  Corrective Vision Care coverage shall only be available through a network of participating board eligible/board certified ophthalmologists trained in this field.  The Vision Care Plan administrator shall be responsible for the network and will make every effort to recruit and retain providers throughout New York State.

4.  Corrective Vision Care coverage shall include a preliminary exam, the actual procedure and up to two follow-up visits.

5.  Employees receiving such services shall have a copayment equal to 10% of the discounted cost of the procedure up to an out-of-pocket maximum of $200.

6.  Employees shall be eligible for one Corrective Vision Care procedure every 5 years per eye.

7.  The PBA (Agency Police Services Unit) Joint Committee on Health Benefits shall review the Corrective Vision Care coverage component at regular intervals to monitor utilization, network adequacy and cost.

8.  The five (5) year limit may be waived based on evidence of a significant vision change due to injury or illness.

            12.12     Dental Care Benefits

            The State shall provide dental benefits at the same level as were in effect March 31, 2005, except as modified as follows:

            (a)       The allowances paid shall be at a level sufficient to retain or add participating dentists and specialists. The State shall continue to pay the full premium of the dental insurance plan.

            (b)       The Plan shall include coverage for the application of sealants to the primary teeth of dependent children age 13 and under.

            (c)        The nonparticipating provider reimbursement will be an amount equal to 100 percent of the schedule for basic and prosthetic services.

            (d)       The maximum annual benefit for covered participating and nonparticipating services shall be $2300 per person.

            (e)       The maximum lifetime benefit for orthodontic treatment shall be $2300.

            (f)        Anesthesia administered in a dentist office shall be a covered benefit under the participating and nonparticipating components of the dental plan.

            (g)       Waiting Period - Effective July 1, 2012, newly-hired employees represented by PBA (Agency Police Services Unit) shall be required to serve a 56 day waiting period before eligibility for dental coverage begins.

            12.13     Mental Health and Substance Abuse Treatment

            The Empire Plan shall continue to provide comprehensive coverage for medically necessary mental health and substance abuse treatment services through a managed care network of preferred mental health and substance abuse care providers. In addition to the in‑network care, limited non‑network care will be available. Benefits shall be as follows:

            12.13(a)   IN‑NETWORK BENEFIT

- Mental Health Coverage

- Alcohol and Other Substance Abuse Coverage

- Benefit Maximums

            12.13(b)   NON‑NETWORK Mental Health benefits

            Medically necessary care rendered outside of the network will be subject to the following provisions:

Non-Network Alcohol and Substance Abuse Benefits

Medically necessary care rendered outside of the network will be subject to the following provisions:  

 

            12.14     Managed Physical Medicine Program (MPMP)

            The Empire Plan's medical care component will offer a comprehensive managed care network benefit for the provision of medically necessary physical medicine services, including physical therapy and chiropractic treatments as follows: 

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Article 13

Education and Training

 

13.1    The Employer will recommend an appropriation by the Legislature for implementation of education and training programs for employees of this unit.  The funding shall be as follows:  Fiscal Year 2011-2012 - $21,300; Fiscal Year 2012-2013 - $21,300; Fiscal Year 2013-2014 - $21,300; Fiscal Year 2014-2015 - $21,726.

13.2    A joint labor/management committee comprised of representatives of the PBA and the employer shall be established to consider the development and expansion of employee training programs.  The committee shall consider the needs and desires of agency administration and of employees in this unit with respect to the most efficient use of these funds, and shall make recommendations to the executive labor/management committee as to the training opportunities to be made available.

13.3(a)  In order to provide for proper training or orientation, any employee who transfers, is promoted, or assumes a new assignment shall not be eligible for new job assignments or shifts during the 15-day period immediately following the assumption of new duties resulting from any such transfer, promotion or reassignment.

  (b)  Environmental Conservation Police Officer, Forest Ranger, Park Patrol Officer and University Police Officer trainees will receive a $200 lump sum payment upon satisfactory completion of their initial training.

13.4    The Employer will recommend an appropriation by the Legislature for implementation of education and training programs for employees of this unit.  Such training shall be management-directed after consultation with the PBA.   The funding shall be as follows:  Fiscal Year 2011-2012 - $13,000; Fiscal Year 2012-2013 - $13,000; Fiscal Year 2013-2014 - $13,000; Fiscal Year 2014-2015 - $13,260.

13.5(a)  The Employer will appropriate funds to provide an Employee Assistance Program for employees in this unit.  The funding shall be as follows:  Fiscal Year 2011-2012 - $3,220; Fiscal Year 2012-2013 - $3,220; Fiscal Year 2013-2014 - $3,220; Fiscal Year 2014-2015 - $3,285.

                    (b)   The Employer will appropriate funds to provide an Organizational Alcoholism Program for employees in this unit.  The funding shall be as follows:  Fiscal Year 2011-2012 - $5,000; Fiscal Year 2012-2013 - $5,000; Fiscal Year 2013-2014 - $5,000; Fiscal Year 2014-2015 - $5,100.

            13.6    Notices of agency level training shall be sent to the PBA President, and posted for fifteen (15) days whenever possible on PBA bulletin boards prior to selection of the individuals to be trained.

 

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Article 14

Attendance and Leave

 

            14.1    Vacation Credits

            (a)  Pursuant to the Attendance Rules, employees entitled to earn and accumulate vacation credits presently earn and accumulate vacation at the rate of (a) twenty (20) days annually or (b) one-half (1/2) day per biweekly pay period plus additional vacation in accordance with the following schedule:

 

      Completed Years of                                                       Additional

      Continuous Service                                                      Vacation Credits

 

            1 ................................................................     1 day

            2 ...............................................................      2 days

            3 ................................................................     3 days

            4 ................................................................     4 days

            5 ................................................................     5 days

            6 ................................................................     6 days

            7 ................................................................     7 days

 

            (b)  In addition to vacation credits to which employees are entitled under paragraph 14.1(a) above, additional vacation credits for completed years of continuous service shall be credited to each eligible employee annually on his service anniversary date as follows:

Completed Years

  of Continuous                    Additional                              Total Earned

      Service                             Vacation Credits                  Annual Credits

 

20 to 24                                        1 day                                      21 days

25 to 29                                        2 days                                    22 days

30 to 34                                        3 days                                    23 days

35 or more                                   4 days                                    24 days

            (c)      Continuous State service for the purpose of paragraphs 1(a) and 1(b) of this Article shall mean uninterrupted State service, in pay status, as an employee.  A leave of absence without pay, or a resignation followed by reinstatement or re-employment in State service within one year following such resignation, shall not constitute an interruption of continuous State service for the purposes of this Article, provided, however, that leave without pay for more than six (6) months or a period of more than six (6) months between resignation and reinstatement or reappointment, during which the employee is not in State service, shall not be counted in determining eligibility for additional vacation credits under this Article.

            (d)      Seniority as defined in Article 24 shall be the basis by which employees select vacations.  Requests for vacation time off shall be approved by the Employer to the extent practicable in light of the manpower needs of the department, regions, headquarters or campuses and shall not be unreasonably denied.  The appropriate operating units may establish an annual date or dates or period or periods by which or within which an employee must request a block of time off in order to have his seniority considered.  However, nothing in this paragraph shall serve to bar mutually agreed to local arrangements regarding the method by which vacations are to be selected or scheduled. 

            (e)      Vacation credits may be accumulated up to a maximum of forty (40) days provided, however, that in the event of death, retirement, or separation from service, employees shall be compensated in cash for accrued and unused vacation credits only up to a maximum of thirty (30) days.  An employee at the vacation accrual maximum (forty [40] days) or who will exceed the accrual maximum at the next accrual period whose written request for the use of vacation credits is denied, in writing, may accumulate more than forty (40) days of such credits during a year, provided, however, that the employee's balance of vacation credits does not exceed forty (40) days on October 1 of each year. 

            14.2    Personal Leave

            (a)      Employees entitled to be credited with personal leave shall be credited with personal leave not exceeding a total of five (5) days in a year.

            (b)      The Employer shall not require an employee to give a reason as a condition for approving the use of personal leave credits provided, however, that prior approval for the requested leave must be obtained, that the resulting absence will not interfere with the proper conduct of governmental functions, and that an employee who has exhausted his personal leave credits shall charge approved absences from work necessitated by personal business or religious observance to accumulated vacation or other credits, excluding sick leave.

            (c)      Personal leave shall not be carried over from year to year.

            (d)      Personal leave may be used in conjunction with an employee's vacation, and shall be subject to the same conditions as govern vacation.

            14.3    Bereavement Leave

            (a)      Employees shall be allowed to charge absences from work in the event of death or illness in the employee's immediate family against accrued sick leave credits up to a maximum of fifteen (15) days in any one calendar year. 

            (b)      For the purpose of defining eligibility for paid leave because of illness or death in the family, the term "family" shall be defined as the employee's spouse, child, parent, grandparent, brother, sister, aunt, uncle, parent-in-law, brother-in-law, sister-in-law, grandchild or any person living in the employee's household.

            (c)  Requests for bereavement leave shall be subject to approval of the appointing authority; such approval shall not be unreasonably denied.

            14.4    Sick Leave Accumulation

            Employees who are entitled to accumulate sick leave credits may accumulate such long-term credits up to a total of 225 days provided, however, no more than 200 days of such credits may be used for retirement service credits or to pay for health insurance in retirement.

            14.5    Leave--Probationary Employees

            Every permanent employee holding a position in the competitive class and appointed to a State position from an open competitive eligible list shall be granted a leave of absence from his position for the duration of his probationary term.

            14.6     Alternate Examination Dates

            In the event an employee in this unit is unable to participate in an examination because of the death within seven days immediately preceding the scheduled date of an examination, of an employee's grandparent, parent, spouse, brother, sister, child, or a relative living in the employee's household, such employee shall be given an opportunity to take such examination at a later date, but in no event shall such examination be scheduled sooner then two days following the date of burial.  The Department of Civil Service shall prescribe appropriate procedures for reporting the death and applying for the examination.  Appropriate arrangements shall be made in circumstances where there is a protracted period between the death and the burial.

 

            14.7    Absence--Extraordinary Circumstances

            An employee who has reported for duty and because of extraordinary circumstances beyond his control other than those related to weather conditions, is directed to leave work, shall not be required to charge such directed absence during such day against leave credits.

            14.8    Jury Duty

            (a)       Except as provided in Section 14.8(b), when an employee submits proof of the necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body, an employee shall be granted a leave of absence with pay with no charge against leave credits.  This section shall not apply to any absence of an employee occasioned by an appearance in an action to which such employee is a party unless the action brought against the employee is job related.

            (b)       An employee holding a position designated as overtime ineligible may be granted a leave of absence with pay with no charge against leave credits on proof of necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body for any period of less than a workweek regardless of whether such employee is a party to the action.  This section will be rendered void if the Fair Labor Standards Act (FLSA) is modified to allow overtime ineligible employees to maintain such status and receive the benefit in Section (a) above.

            14.9    Workers' Compensation Leave 

            The Medical Evaluation Program (MEP) for workers' compensation will be continued.  Employees opting into the MEP will receive the benefits provided herein.  Those employees opting not to participate in the MEP will be eligible to apply for the statutory workers' compensation benefits.  A light duty component shall be part of the MEP.

            (a)       An employee necessarily absent from duty because of occupational injury or disease as defined in the Workers' Compensation Law who is allowed leave from his position for the period of his absence necessitated by such injury or disease shall be:  (1)  first granted compensation leave with pay without charge to leave credits not exceeding cumulatively six months; and (2)  upon exhausting leave pay benefits under (1) above be allowed to draw accrued leave credits; and (3)  upon exhausting leave with full pay benefits under (1) and (2) above be allowed sick leave at half pay for which he may be eligible during such leave unless: (i) there is good and sufficient reason to believe that the disability resulting from such injury or disease is not job related or is primarily due to some pre-existing medical condition; (ii) there is good and sufficient reason to believe that the employee could report for work on a full-time or part-time basis; (iii) the employee's services would have been terminated or would have ceased under law; or (iv) the employee's claim for benefit is controverted by the State Insurance Fund.

            (b)       An employee allowed leave with pay under paragraph 14.9(a) may elect to draw accrued leave credits for part or all of his absence from duty before being granted leave with pay under paragraph 14.9(a)(1) above.

            (c)        If it is subsequently determined that an employee was not entitled to compensation leave with pay without charge to leave credits for any period for which he was granted such leave as provided herein above, he shall be required to make reimbursement for such paid leave from current or subsequent accumulations of leave credits at a rate and in a manner determined by the appointing authority.

            (d)       An employee who draws leave credits as provided in paragraph 14.9(a) shall be entitled to restoration of such credits, including those used for absences of less than a full day, as are used during a period of absence for which an award of compensation has been made and credited to the State as reimbursement of wages paid.  An employee who is necessarily absent from duty as described herein above may be granted compensation leave with pay without charge against leave credits for absences of less than a full day where such employee returns to work on a part-time basis.

            (e)       The Employer agrees that an employee eligible for workers' compensation leave because of occupational injury or disease as defined in the Workers' Compensation Law, when absent from work for the purpose of attending a hearing scheduled by the Workers' Compensation Board in connection with such injury or disease shall be granted compensation leave with pay without charge to leave credits for such absence provided, however, that the cumulative total of compensation leave with pay not charged to leave credits granted for attendance at Workers' Compensation Board hearings or for absences necessitated by the occupational injury or disease shall not exceed six months.

            (f)        On the employee's prior written request at least three days in advance, the Employer will reschedule midnight or afternoon shift employees to attend a workers' compensation hearing to the normal day shift for the day of the hearing.

            (g)       An employee necessarily absent from duty and removed from the payroll because of occupational injury or disease as defined in the Workers’ Compensation Law shall be treated as though on payroll for the period of disability not to exceed twelve (12) months per injury for the purposes of coverage under the New York State Health Insurance Plan.

            (h)       The State and the PBA agree to continue the standing Joint Committee on Workers' Compensation.  The Committee shall consist of an equal number of representatives selected by the PBA and an equal number of representatives selected by the State.  The Committee will be responsible for the ongoing review and oversight of the MEP.

            14.10  Unauthorized Absence

            Any employee absent from work without authorization for ten consecutive workdays shall be deemed to have resigned from his position if he has not provided a satisfactory explanation for such absence on or before the eleventh workday following the commencement of such unauthorized absence.

            14.11  Medical Verification

            (a)       When the State requires that an employee who has been absent due to illness or injury be medically examined by a physician chosen by the appointing authority before such employee is allowed to return to work, the appointing authority will make a reasonable effort to ensure that the examination is completed in a timely manner as provided herein. 

            (b)       If, no more than ten working days prior to the date specified by the employee’s own physician as the date upon which the employee may return to work, the employee provides the appointing authority with his/her physician’s statement indicating that the employee is able to return to work without restrictions and specifying the date, the appointing authority shall have a total of 20 working days from the date of such advance notice, which shall include the ten working days following the specified return-to-work date, to complete medical examinations.  For each working day of advance notice from the employee less than ten, the appointing authority shall have an additional working day beyond the return-to-work date to complete medical examinations.

            (c)        If, upon completion of the 20 working day period provided for in Section 14.11 (b), the appointing authority’s physician(s) has not completed the examination(s) of the employee or reached a decision concerning the employee’s return to work, the employee shall be placed on leave with pay without charge to leave credits until the examination is completed, a decision made and, if approved, the employee is returned to work.  The employee may not return to work, however, until the employee has been examined by the appointing authority’s physician and given approval to work.  The leave with pay provision of this section shall not apply where the failure of the appointing authority’s physician to complete the medical examination is attributable to the employee’s failure to appear for the examination or the employee’s refusal to allow it to be held. 

            (d)       If, following the employee’s examination, the appointing authority’s physician does not approve the employee’s return to work, the employee shall be placed in the appropriate leave status in accordance with the Attendance Rules.  Once a determination has been made that an employee may not return to work, further examinations pursuant to this Section shall not be required more often than once a month; provided, however, where the appointing authority’s physician has specified a date for a further examination or a date when the employee may return to work, the State shall not be required to conduct an examination prior to such date.  Where the appointing authority’s physician has not set either a date for further examination or a date upon which the employee may return to work, the employee may submit a further statement from the employee’s physician and the provisions of this Section shall again be applicable.  The provisions of this Section shall not be construed to limit or otherwise affect the applicability of Civil Service Law Section 73.

            (e)       When, in accordance with the provisions of this Section, the State exercises its right to require an employee to be examined by a physician selected by the appointing authority, the employee shall be entitled to reimbursement for actual and necessary expenses incurred as a result of travel in connection with such examination, including transportation costs, meals and lodging, in accordance with the Comptroller’s rules and regulations pertaining to travel expenses.

            (f)  Section 14.11 shall not apply to absences or cases of work-related injuries or illnesses. 

            14.12  Deficit Reduction Leave

            (a)(1)   Employees shall be eligible to take 9 days, or the amount credited to them, of deficit reduction leave from the date of ratification of the agreement until March 31, 2013.

            (2)       The scheduling of such dates will be subject to supervisor approval.  The State will ensure that each employee is allowed to take days off in accordance with this provision.  Employees may elect to use leave for all absences, including block vacations, in the same manner as vacation leave.  Such leave may not be used to cover unscheduled absences such as calling in sick but may be used for pre-planned appointments with prior supervisory approval including medical appointments or pre-scheduled absences normally charged to sick leave.

            (3)       The exact cash value of the four days of deficit reduction leave from fiscal year 2012-2013 shall be repaid to employees in equal installments over 39 payroll periods beginning with the final payroll period of fiscal year 2014-2015.

            (4)       Effective October 1, 2012, the vacation accrual maximum in Article 14.1(e) shall be increased to 45 days.  The vacation accrual maximum will return to 40 days on October 1, 2013.

            14.13  Workforce Reduction Limitation

            For the Fiscal Years 2011-2012 and 2012-2013, employees shall be protected from layoffs resulting from the facts and circumstances that give rise to the present need for $450 million in workforce savings.  For the term of the agreement, only material or unanticipated changes in the State’s fiscal circumstances, financial plan or revenue will result in potential layoffs.  Workforce reductions due to the closure or restructuring of facilities, as authorized by legislation or the State’s Spending and Government Efficiency Commission’s determinations are excluded from these limitations.

 

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Article 15

Overtime, Recall and Scheduling

 

            15.1    Overtime

            (a)       Overtime eligible employees shall receive overtime compensation for authorized time worked beyond 40 hours in the scheduled workweek consistent with applicable law and the overtime compensation rules and regulations of the Director of the Budget.

            Overtime work shall be offered to employees on the basis of seniority and shall be equitably distributed among employees who normally perform such work.  Each employee shall be selected in turn according to his place on the seniority list by rotation provided, however, that the employee whose turn it is to work possesses the qualifications and ability to perform the work required.

            (b)       An employee requesting to be skipped when it becomes his turn to work overtime shall not be rescheduled for overtime work until his name is reached again in orderly sequence and an appropriate notation shall be made in the overtime roster.

            (c)        In the event no employee wishes to perform the required overtime work, the Employer shall by inverse order of this seniority list assign the necessary employees required to perform the work in question.

            (d)       The PBA recognizes that work in progress shall be completed by the employee performing the work at the time the determination was made that overtime was necessary.

            (e)  An overtime roster shall be available for inspection by representatives of the PBA at each region, campus or headquarter.

            (f)  If an employee is skipped or denied an opportunity to work overtime in violation of this Agreement, he shall be rescheduled for overtime work the next time overtime work is required, in accordance with paragraph 15.1(a) above.  However, at such skipped or denied employee's option he may await the next available comparable shift and work assignment.  Instances of repeated occurrences shall be brought to the attention of management at the Step 1 level of the grievance procedure.

            (g)  Time during which an employee is excused from work because of vacation, holidays, personal leave, sick leave at full pay, compensatory time off or other leave at full pay shall be considered as time worked for the purpose of computing overtime.

            (h)  Training programs conducted during other than regular working hours shall be scheduled for a minimum two-hour period.

            (i)  Nothing in paragraphs 15.1(a), 15.1(b) and 15.1(c) above shall prevent the establishment of mutually agreed to local arrangements regarding the method by which overtime is offered to employees.

            15.2    Recall

            Any employee who is recalled to work unscheduled overtime including court appearances after having completed his scheduled work period and left the workplace shall be guaranteed a minimum of one-half day's overtime compensation.  If an employee lives on the facility grounds or works from his/her residence and is recalled from their residence to work unscheduled overtime including court appearances after having completed his/her scheduled work period he/she shall be guaranteed a minimum of one-half day's overtime compensation. 

 

            15.3  Shift Changes

            (a)  No employee shall have his shift schedule changed for the purposes of avoiding the payment of overtime, unless he has been notified of such change one week in advance of the time in which the changed work period is to begin provided, however, that the circumstances necessitating such change are foreseeable prior to such one-week period.

            (b)  In the event that circumstances necessitating such shift changes are not foreseeable, then such notice shall be given as soon as possible.

            (c)  In the event such notice of shift change is not given at least 48 hours prior to the starting time of the scheduled shift which the employee is directed to work such employee shall not be deprived of the opportunity to work his normal shift and to be paid overtime for the hours worked in excess of 40 hours in the workweek.

            (d)  Employees who compete in New York State Civil Service examinations and whose shift ends less than eight hours before the starting time of such an examination shall not be required to work that shift and such absence shall not be charged to accrued leave credits.

            (e)  Regularly scheduled days off shall not be changed for the purpose of avoiding the payment of overtime.

            (f)  Prior to the making of a final decision with respect to instituting a change in shift system from fixed to rotating shifts or rotating to fixed shifts the Employer shall inform the PBA of such contemplated change and provide the PBA with an adequate opportunity to review the impact of such change with the Employer at the appropriate level.

            15.4  Overtime Meal Allowance

            An overtime meal allowance of $5.00 shall be paid, subject to rules and regulations of the Comptroller, to employees who work at least three hours overtime on a regular working day or at least six hours overtime on other than a regular working day.  When an employee is required to work nine hours or more on other than a regularly scheduled working day, two meal allowances will be allowed. 

            15.5  Standby/On-Call Rosters

 

(a)           Employees who are required to be available for immediate recall and who must be prepared to return to duty within a limited period of time shall be listed on standby/on-call assignment rosters.  Assignments to such rosters shall be equitably rotated, insofar as it is possible to do so, among those employees who are eligible for overtime compensation under the definition contained in the Fair Labor Standards Act, qualified and normally required to perform the duties.  The establishment of such rosters at a facility shall be subject to the authorization of the department or agency involved and the approval of the Director of the Budget.

(b)          An employee who is eligible to earn overtime under the definition contained in the Fair Labor Standards Act shall not be required to remain available for recall unless the employee’s name appears on an approved recall roster.  Such employee shall be paid an amount equal to 20 percent of the employee’s daily rate of compensation (i.e., one-tenth of the bi-weekly rate of compensation and will include geographic, locational, inconvenience and shift pay as may be appropriate to the place or hours normally worked) for each eight hours or part thereof the employee is actually scheduled to remain and remains available for recall pursuant to such roster.  An employee who is actually recalled to work from the roster will receive appropriate overtime or recall compensation as provided by this Agreement.  Administration of such payments shall be in accordance with rates established by the Director of the Budget.

 

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Article 16

Holiday Pay

 

            16.1    Option

            An employee who is entitled to time off with pay on days observed as holidays by the State who is scheduled or required to work on a holiday shall receive at his option either (a) additional compensation for each holiday worked at the rate of one-tenth of his biweekly rate of compensation or (b) a compensatory day off in lieu of such holiday worked. Compensation for less than a full day of holiday work will be prorated and will include geographic, location, inconvenience and shift pay as may be appropriate to the place or hours worked.

            16.2    Waiver

            An employee selecting an additional day off in lieu of holiday pay shall notify the payroll agency in writing of his intention to do so with the understanding that such notice constitutes a waiver of his right under this Agreement to receive cash compensation for holidays worked. An employee may execute or revoke such a waiver annually during the period April 1 to May 15 by notifying the Employer in writing of his intention, except that employees hired after the effective date of this Agreement may also execute a waiver at the time of appointment. In the event that no revocation notice is received from an employee during an “open period,” any previously executed waiver shall remain in full force and effect.

 

            16.3    Accumulation

            (a)  Employees who receive compensatory time off for time worked on holidays or in lieu of holidays that fall on employees’ pass days shall continue to have such earned compensatory time off added to and included in their vacation accruals and shall liquidate such time according to rules governing the use of vacation.

            (b)  The present maximum of allowable vacation accruals and amounts of vacation credits for which equivalent cash payments will be made upon separation from employment, death or retirement remains unchanged.

            16.4    Holiday Observances

            (a)  An employee who is entitled to time off with pay on days observed as holidays by the State as an Employer shall be granted compensatory time off when any such holiday falls on a Saturday, provided, however, that employees who work on any such Saturday may receive additional compensation in lieu of such compensatory time off in accordance with Section 16.2 of this Article. The State may designate a day to be observed as a holiday in lieu of such holiday which falls on Saturday.

            (b)  When December 25 and January 1 fall on Sundays and are observed as State holidays on the following Mondays, employees whose work schedule includes December 25 and/or January 1 shall observe the holiday on those dates, or if requiredto work, may receive additional compensation or compensatory time off in accordance with Section 16.1 of this Agreement. In such event, for those employees, December26 and January 2 will not be considered holidays.

            (c)  An employee who is entitled to time off with pay on days observed as holidays by the State as an Employer shall be allowed compensatory time off whenever any such day falls on the employee’s pass day.

            16.5    Definition

            As used in this Agreement, the term holiday shall mean: New Year’s Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran’s Day,Thanksgiving Day, Christmas, or a day designated by the State to be observed as a holiday in lieu of such holiday, and any other day designated as a holiday for State employees by the Governor as an Employer.

 

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Article 17

Travel Allowances

 

            17.1  Per Diem Meal and Lodging Expenses

            The State agrees to reimburse, on a per diem basis as established by rules, bulletins, guidelines and regulations of the Comptroller, employees who are eligible for travel expenses, for their expenses incurred while in travel status in the performance of their official duties for a full day at either of the following schedules at the rates set out herein at their option:

            (a)  Effective on the date of execution of this Agreement:

                  (1)  In the City of New York and the Counties of Nassau, Suffolk, Rockland and Westchester, not to exceed $50, except as specified by the Comptroller in accordance with law.

                  (2)  In the Cities of Albany, Rochester, Buffalo, Syracuse, and Binghamton and their respective surrounding metropolitan areas, not to exceed $40, except as specified by the Comptroller in accordance with law.

                  (3)  In places elsewhere within the State of New York not to exceed $35, except as specified by the Comptroller in accordance with law.

                  (4)  In places outside the State of New York, at least $50 per day except as specified by the Comptroller in accordance with law.

            (b)  Effective on the date of execution of this Agreement:

                  (1)  Receipted lodging and meal expenses for authorized overnight travel in locations within and outside of New York State shall be reimbursed to a maximum of published per diem rates as specified by the Comptroller.  Said rates shall be equal to the combined per diem lodging and meal reimbursement rate provided by the Federal government to its employees for such locations. 

                  (2)  In locations for which no specific rate is published, receipted lodging and meal expenses for authorized overnight travel within and outside of New York State shall be reimbursed to a maximum of the combined per diem lodging and meal reimbursement rate provided by the Federal government to its employees for such locations.

                  (3)  The rates in paragraphs (1) and (2) above shall be revised in accordance with any revision made in the per diem rates provided by the Federal government to its employees.

            (c)  When the employee is in travel status for less than a full day, and incurs no lodging charges, reasonable and necessary receipted expenses will be allowed for breakfast and dinner as determined by the Comptroller in accordance with law.

            (d)  Employees shall be eligible for advance payments for authorized official travel for lodging and meals subject to the Comptroller's Rules and Regulations.

            17.2  Mileage Allowance

            The personal vehicle mileage reimbursement rate for employees in this unit shall be consistent with the maximum allowance permitted by the Internal Revenue Service.  Such payments shall be paid in accordance with the Rules and Regulations of the Comptroller.

 

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Article 18

Payroll Computation

 

 

18.1    The Employer shall calculate employees' salary payments on an appropriate ten working-day basis.

18.2    The Employer agrees that paychecks issued to employees will be delivered no later than Thursday following the end of the next succeeding payroll period.

When employees leave State service, their final salary check shall be issued at the end of the payroll period next following the payroll period in which their service is discontinued.  This final salary check shall be paid at the employee's then-current salary rate.

18.3    Overtime and holiday pay authorized to be compensated for in cash shall be paid to employees by the close of the second biweekly payroll period following the payroll period during which it was earned.

 

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Article 19

Credit Union Deductions

 

            19.1    The Employer agrees to deduct from the salary of an employee an amount authorized in writing by the employee which shall be within the minimum and maximum amounts specified by the Comptroller and to transmit such funds to a bona fide credit union.  The sums transmitted shall be used for appropriate purposes and their specific allocation shall be determined by an arrangement between the employee and his credit union.  The authorization for such deductions may be withdrawn by an employee at any time upon filing of a written notice of such withdrawal with the State Comptroller.  The deductions shall be in accordance with reasonable rules and regulations of the Comptroller not inconsistent with law which may be necessary for the exercise of this authority under this Article.

 

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Article 20

Uniforms

 

            20.1    When the Employer requires an employee to wear a uniform, the Employer shall continue to furnish such employee with a uniform or replacement of such part of such uniform as may reasonably be necessary pursuant to the policies of each appointing authority which were in effect on March 31, 1985 except as modified in Section 20.2 below.

            20.2    Effective March 31, 2011, all employees who are eligible to receive the clothing maintenance allowance shall have such allowance increased to $1,075.  Effective March 31, 2011, all employees who are eligible to receive the clothing allowance shall have such allowance increased to $1,475.  Effective March 31, 2011, the clothing maintenance allowance shall be eliminated as a separate payment and $1,075 of the clothing allowance shall be eliminated as a separate payment in accordance with Article 11.2(g).  Starting with November 2011, all employees who are eligible for the clothing allowance and are on the payroll on the last day of the payroll period in which November 1 falls shall receive a clothing allowance in the amount of $400, by separate check, for uniform cleaning and maintenance on or about December 1 of each year of this Agreement.

            20.3    Whenever replacement of uniform parts or equipment is not available, the Department, or agency will make a reasonable effort to secure replacements as soon as is practicable.

 

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Article 21

Indemnification

 

 

            21.1    The Employer acknowledges its obligations to provide for the defense of its employees, and to save harmless and indemnify such employees from financial loss as hereinafter provided, to the broadest extent possible consistent with the provisions of Section 17 of the Public Officers Law in effect upon the date of execution of this Agreement.

            21.2    The Employer agrees to provide for the defense of the employee as set forth in subdivision 2 of Section 17 of the Public Officers Law in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties including actions brought to enforce a provision of Section 1981 or 1983 of Title 42 of the United States Code.  This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the State, provided further, that the duty to defend or indemnify and save harmless shall be conditioned upon (a) delivery to the Attorney General or an Assistant Attorney General at an office of the Department of Law in the State by the employee of the original or a copy of any summons, complaint, process, notice, demand or pleading within 5 days after he is served with such document, and (b) the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the State based upon the same act or omission, and in the prosecution of any appeal.  Such delivery shall be deemed a request by the employee that the State provide for his defense pursuant to this section.

            21.3   The Employer agrees to indemnify and save harmless its employees as set forth in subdivision 3 of Section 17 of the Public Officers Law in the amount of any judgment obtained against such employees in any state or federal court, or in the amount of any settlement of a claim, or shall pay such judgment or settlement, provided that the act or omission from which such judgment or settlement arose, occurred while the employee was acting within the scope of his public employment or duties; the duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing on the part of the employee, provided further, that nothing contained herein shall authorize the State to indemnify or save harmless an employee with respect to fines or penalties, or money recovered from an employee pursuant to article 7-a of the State Finance Law; provided, however, that the State shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered into in any court of this State or of the United States.

            21.4    The employee shall inform his supervisor when he informs the Attorney General of the services he has received under Section 21.1 above. 

            21.5(a)  The Employer agrees to continue to provide the protection described in Section 19 of the Public Officers Law providing reimbursement for reasonable attorneys' fees and litigation expenses incurred by or on behalf of an employee in his successful defense in a criminal proceeding in a state or federal court arising out of any act which occurred while the employee was acting within the scope of his public employment or duties, upon acquittal or dismissal of criminal charges.

                  (b)  The Employer agrees to continue to provide the protection described in Section 19 of the Public Officers Law providing for reimbursement of costs of employees for reasonable attorneys' fees for appearances before a grand jury arising out of any act which occurred while such employee was acting within the scope of his public employment or duties.

            21.6    The Employer and the PBA agree to enter into a contract to provide for the implementation of a legal defense fund, in the amount of $5,000, in accordance with such terms as shall be jointly agreed upon by the parties and subject to the approval of the Comptroller, to be administered by the PBA to provide legal defense for the PBA bargaining unit members for each year covered by this Agreement who may be defendants or witnesses in criminal or civil matters arising out of the discharge of their duties and in the course of their employment where Public Officers Law Sections 17 and 19 do not provide such representation.

            21.7    The Employer as a self-insurer agrees to provide adequate liability coverage for employees who use their homes in the performance of their official duty.

 

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Article 22

Safe Working Conditions

 

            22.1    The Employer shall provide safe working conditions for the protection of employee well being.  The Employer and the PBA remain committed to a cooperative effort to provide safe working conditions for employees. 

            22.2    Any matters pertaining to safety standards and conditions may be discussed in labor/management committees at the appropriate level including the executive level.  Such issues as concerns with employee exposure, the availability of protective equipment in areas of work and vehicles will be addressed at the local and agency levels.  The parties shall also discuss maintaining and updating precaution checklists and relevant directives at work sites.

            22.3    The parties recognize that in the course of their employment, employees provide various services to individuals with chronic illnesses and infectious diseases including HIV and may be exposed to such illnesses and diseases.  For employees who are likely to have more than casual contact with individuals that may be infectious, the employer must allow employees to take universal precautions when they may come into contact with said individuals.

            22.4    A program of Random Drug Testing consistent with Appendix “D” will be implemented by the State Agencies whose employees are covered by this Agreement.

            22.5    Grievances alleging failure to comply with Article 22.1 through 22.3 shall be processed pursuant to Article 7, paragraph 7.1(b).

 

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Article 23

Reimbursement for Property Damage

 

            23.1    The Employer agrees to provide for the uniform administration of the procedure for reimbursement to employees for personal property damage or destruction as provided for by subdivision 12 of Section 8 of the State Finance Law which provides for the payment of any claim submitted and approved by the head of a State department or agency having employees in the Agency  Police Services Unit who are now members of the PBA bargaining unit and serve in titles formerly covered by the Security Supervisors Unit or the Security Services Unit for personal property of employees of such unit damaged or destroyed without fault on his part as a result of actions unique to the performance of law enforcement duties to include actions during fire, search, and rescue duties, in accordance with rules and regulations promulgated by the department or agency head after consultation with the PBA and with the approval of the Comptroller.

            23.2    The Employer agrees to provide for payments of up to $150 out of local funds at the Agency level as provided by subdivision 12 of Section 8 of the State Finance Law.

            23.3    Allowances shall be based upon the reasonable value of the property involved and payment shall be made against a satisfactory release.

 

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Article 24

Seniority

 

            24.1    For the purposes of this Article, seniority shall be defined as the length of an employee's uninterrupted service in title in a department or agency including sick leave, military leaves not to exceed four years and other leaves of absence which do not exceed one year and Workers' Compensation Leave.

            24.2    Seniority shall be the basis by which employees shall select pass days.

            24.3(a)  For the titles Environmental Conservation Officer (ECO), ECO Trainees 1 and 2, ECI 1 and 2, Supervising ECO, Forest Rangers 1 and 2, Park Police Officer (PPO), PPO Trainee, PPO SL, University Police Officer (UPO) 1, UP Investigator 1, and UPO SL only, this paragraph shall apply:   the Employer shall have the right to make any job or shift assignment necessary to maintain the services of the department or agency involved.  However, job assignments and shift selection shall be made in accordance with seniority provided the employee has the ability to properly perform the work involved.  Before making a permanent assignment the Employer shall post all permanent vacancies in shifts or job assignments for a period of 30 days during which employees may bid.  Bids shall be awarded at the end of the 30 day bidding period.  The employee will start the new assignment within two weeks after the close of the 30 day bid period except when extended by mutual consent, but in no case longer than 30 days from the award of the bid.  Grievances arising under this section shall be processed up to Step 3 of the grievance procedure but not to arbitration.

 

           24.3(b)    For all other titles in this bargaining unit, this paragraph shall apply: where vacancies at a region, campus or headquarter are known to exist, the appointing authority or designee shall announce the vacancy in writing for a period of 15 days in advance of making permanent assignment in order to allow employees to submit bids.  The agency shall have the right to make any job and shift assignment necessary to maintain the services of the agency involved.  Job and shift assignments shall be made in accordance with the employee's ability to properly perform the work involved.  In the event of equal ability, seniority shall prevail.  Grievances arising under this section shall be processed up to Step 3 of the grievance procedure but not to arbitration.  (Additional information concerning the filling of job and shift assignments is contained in a side letter of this contract.)

            24.4    An employee shall not have the right to bump for any reason.

            24.5    The shift and pass day provisions of this Article shall not apply to those departments or agencies whose employees function on a rotating shift basis.

            24.6    Nothing contained in Section 24.2 of this Article shall prevent mutually agreed to local arrangements regarding the method that pass days are to be selected.

            24.7    The Employer agrees to provide the PBA a list of its employees by department or agency and seniority and to update it quarterly.

 

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Article 25

Labor/Management Committees

 

            25.1    To facilitate communication between the parties and to promote a climate conducive to constructive employee relations, joint labor/management committees shall be established at the executive, departmental and local levels of operations to discuss the implementation of this Agreement and other matters of mutual interest.  The size of the committees shall be limited to the least number of representatives needed to accomplish their objectives.  Committee size shall be determined by mutually agreed upon arrangements at the appropriate level.  The composition of each PBA labor/management committee shall be at the discretion of the PBA.  Time approved for such meetings shall be authorized only for employees of the department or agency for which the meeting is held except that members of the PBA Board of Directors shall be granted time for departmental level labor/management committee meetings in agencies other than their own.

            25.2    Such committees will meet as necessary.  Written agenda will be submitted a week in advance of regular meetings.  Special meetings may be requested by either party.  An agenda will be submitted along with the request.  Such special meetings will be scheduled as soon as possible.

            25.3    Approved time spent in such meetings (including actual and necessary travel time, not to exceed eight hours each way, for Executive and department level meetings) shall neither be charged to leave credits nor considered as overtime worked.

Management shall make every effort to reschedule shift assignments or pass days so that meetings fall during working hours of PBA representatives.

            25.4    Labor/management committee meetings shall be conducted in good faith.  These committees shall have no power to contravene any provisions of this Agreement or to agree to take any action beyond the authority of the management at the level at which the meeting takes place.  Matters may be referred to and from the facility and department or agency levels as necessary.  The parties may issue joint meeting minutes and letters of understanding.  Any arrangement which is mutually agreed upon shall be reduced to writing within fourteen (14) calendar days.  Any arrangement which is the subject of a memorandum of understanding, letter of understanding or joint meeting minutes, shall not be altered or modified by either party without first meeting and discussing with the other party at the appropriate levelin a good faith effort to reach a successor agreement.  Any alterations or modifications to a written labor/management agreement as described in this section may occur no sooner than five days after such meeting and discussion and subsequent written notification of the changes received by the other party.  Implementation of such alterations or modifications shall not occur without adherence to the procedures herein described.  In cases where emergency conditions necessitate a variation of an established labor/management agreement by either party, the other party must be notified of such variation as soon as possible.  Such variation will be reviewed by the designated PBA and Management Chairs of the Labor/Management Committee within seven days.  Disagreements growing out of the implementation of memorandum or letters of understanding may be initiated at the 3rd Step of the grievance procedure as contained in Article 7, paragraph 7.1(b).

            25.5    Staff representatives of the Governor's Office of Employee Relations and the PBA will render assistance to local joint committees in procedural and substantive issues as necessary to fulfill the objectives of this Article and may participate in such meetings.

            25.6    The Employer and the PBA will review the manner in which quality of work life efforts should be provided in this unit.  Funding will be appropriated as follows for the stated Fiscal Years:  2011-2012:  $15,723; 2012-2013:  $15,723; 2013-2014:  $15,723; 2014-2015:  $16,037 for a statewide labor/management committee.

            This section is not subject to the provisions of Article 7 of this Agreement.

            25.7(a)  The Employer shall continue the program established by Section 154-b(8) of the Civil Service Law to provide a survivor's benefit in the amount of $50,000 in the event that an employee dies on or after the effective date of this Agreement as a result of an accidental on-the-job injury or disease provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to Section 3796 through Section 3796-C of Title 42 of the United States Code (the Federal Public Safety Officer Benefit Act) and provided that a death benefit is paid pursuant to the Workers' Compensation Law.  Such survivor's benefit shall be paid to the employee's surviving spouse and dependent children as designated by the Workers' Compensation Board and in the same proportion as provided in the Workers' Compensation Law.  In the event an employee is not survived by a spouse or dependent children, the survivor's benefit shall be paid to the estate of the employee. 

Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit except that such benefit will not be payable if a public safety officer's death benefit is payable pursuant to the Federal Public Safety Officer Benefit Act.

            (b)  The Employer shall continue the program established by Section 154-b(3) of the Civil Service Law to provide an employee's dependent child or children who are designated to receive a death benefit by the Workers' Compensation Board as a result of a determination that such employee has died of an on-the-job injury or disease on or after the effective date of this Agreement with full tuition up to the amount charged by a SUNY college or university to attend any college or university provided such child or children meet the entrance requirements of that college or university.

            25.8    The Employer shall not contract out for goods and service performed by employees which will result in any employee being reduced or laid off without prior consultation with the Union concerning any possible effect on the terms and conditions of employment of employees covered by this Agreement.

            25.9    The State of New York as the Employer and the PBA agree that they shall hereinafter enter into a contract to provide for the implementation of an employee benefit fund, in accordance with such terms as shall be jointly agreed upon by the parties and subject to the approval of the Comptroller, to be administered by the PBA to provide certain benefits for full-time annual salaried employees in the PBA bargaining unit.

            For each full-time annual salaried unit employee, the Employer shall deposit an amount in the employee benefit fund as follows:  on April 1, 2011 - $40 per employee; on April 1, 2012 - $40 per employee; on April 1, 2013 - $40 employee; on April 1, 2014 - $40 per employee.  For the purposes of determining the amount to be deposited in accordance with this section, the number of employees shall be determined to be the number of full‑time annual salaried unit employees on the payroll each preceding March 1, as set forth above in this paragraph.

            25.10              The Employer and PBA shall continue to provide the Dependent Care Advantage Account Program provided by the New York State Labor/Management Child Care Advisory Committee to the extent that federal and state laws allow.  The administrative cost shall continue to be funded through Article 25.6 of this Agreement.  This program will provide employees with the opportunity to increase their spendable income by paying for all or part of selected benefits such as child care, elder care and dependent care with pre-tax dollars.

 

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Article 26

No Strike Clause

 

            26.1    No lock out of employees shall be instituted by the Employer during the term of this Agreement.

            26.2    No strike of any kind shall be instigated, encouraged, condoned or caused by the PBA during the term of this Agreement.

 

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Article 27

Preservation of Benefits

 

 

            27.1    With respect to matters not covered by this Agreement, the Employer will not seek to diminish or impair during the term of this Agreement any benefit or privilege provided by law, rule or regulation for employees without prior notice to the PBA and when appropriate, without negotiations with the PBA provided, however, that this Agreement shall be construed consistent with the free exercise of rights reserved to the Employer by Article 6 of this Agreement.

 

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Article 28

Savings Clause

 

            28.1    Should any article, section or portion thereof of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction or shall have the effect of loss to the State of funds made available through Federal law, such decision shall apply only to the specific article, section or portion thereof directly specified in the decision; upon the issuance of such a decision the parties agree immediately to negotiate a substitute for such article, section or portion thereof.

 

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Article 29

Printing of Agreement

 

 

            29.1    The State shall be responsible for reproducing this Agreement.  Distribution to the PBA and to employees will occur as soon as practicable following the execution of this Agreement.  The cost of printing this Agreement shall be shared equally by the PBA and the State.

 

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Article 30

Approval of the Legislature

 

 

            30.1    IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.

 

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Article 31

Conclusion of Collective Negotiations

 

            31.1    The Employer and the PBA agree that this Agreement is the entire agreement, terminates all prior agreements or understandings and concludes all collective negotiations during its term. Neither party will, during the term of this Agreement, seek to unilaterally modify its terms through legislation or other means which may be available to them.

            31.2    The parties acknowledge that, except as otherwise expressly provided herein, they have fully negotiated with respect to the terms and conditions of employment and have settled them for the term of this Agreement in accordance with the provisions thereof.

            31.3    The Employer and the PBA agree to support jointly any legislation or administrative action necessary to implement the provisions of this Agreement.

 

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            IN WITNESS THEREOF, the parties hereto have caused this Agreement to be signed by their respective representatives.

DATED:  April __, 2014

THE EXECUTIVE BRANCH OF THE STATE OF NEW YORK

 

 

                                                                                   

Joseph Bress, Chief Negotiator

 

 

                                                                                   

Michael Volforte, Interim Director

 

 

                                                                                   

Darryl Decker, Assistant Director

Employee Benefit Unit

 

 

POLICE BENEVOLENT ASSOCIATION OF NEW YORK STATE, INC.

 

 

                                                                                   

Manuel Vilar, President

 

 

                                                                                   

Michael Mabee, VP & CAO

 

 

                                                                                   

Bernard Rivers, VP & CCO

 

 

                                                                                   

Gary Friedrich, VP & CFO

 

 

                                                                                   

Robert D. Cavanagh, Secretary

 

 

 

                                                                                   

James McCartney, Treasurer

 

 

                                                                                   

Peter Barry, Director

 

 

                                                                                   

Troy Caupain, Director

 

 

                                                                                   

Walter Schedel, Director

 

 

                                                                                   

Brian Gillis, Director

 

 

                                                                                   

Lawrence DiDonato, Director

 

 

                                                                                   

Robert Rogers, Director

 

 

                                                                                   

Elwood Erickson, Director

 

 

                                                                                   

Daniel De Federicis, Executive Director

 

APPENDIX “A”

Salary Schedule 4/1/05 - 3/31/06

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

21345

22175

23005

23835

24665

25495

26325

830

27565

28806

31209

32450

2

22067

22941

23815

24689

25563

26437

27311

874

28623

29935

32410

33723

3

23075

23987

24899

25811

26723

27635

28547

912

29916

31285

33816

35185

4

24044

25005

25966

26927

27888

28849

29810

961

31250

32689

35291

36729

5

25110

26121

27132

28143

29154

30165

31176

1011

32690

34205

36882

38396

6

26345

27407

28469

29531

30593

31655

32717

1062

34312

35907

38666

40262

7

27749

28856

29963

31070

32177

33284

34391

1107

36049

37708

40529

42188

8

29226

30375

31524

32673

33822

34971

36120

1149

37844

39568

42452

44177

9

30772

31971

33170

34369

35568

36767

37966

1199

39768

41569

44534

46334

10

32432

33693

34954

36215

37476

38737

39998

1261

41886

43773

46822

48710

11

34258

35570

36882

38194

39506

40818

42130

1312

44095

46060

49189

51156

12

36078

37447

38816

40185

41554

42923

44292

1369

46349

48407

51624

53681

13

38140

39571

41002

42433

43864

45295

46726

1431

48868

51010

54315

56457

14

40244

41744

43244

44744

46244

47744

49244

1500

51488

53733

57139

59383

15

42471

44031

45591

47151

48711

50271

51831

1560

54169

56508

60006

62343

16

44780

46410

48040

49670

51300

52930

54560

1630

57004

59448

63051

65493

17

47209

48926

50643

52360

54077

55794

57511

1717

60082

62652

66385

68957

18

49805

51607

53409

55211

57013

58815

60617

1802

63320

66024

69889

72593

19

52436

54318

56200

58082

59964

61846

63728

1882

66549

69370

73354

76176

20

55047

57014

58981

60948

62915

64882

66849

1967

69802

72755

76868

79822

21

57925

59977

62029

64081

66133

68185

70237

2052

73315

76392

80631

83709

22

60937

63110

65283

67456

69629

71802

73975

2173

77230

80484

84900

88155

23

64148

66383

68618

70853

73088

75323

77558

2235

80912

84266

88779

92132

24

67533

69851

72169

74487

76805

79123

81441

2318

84916

88392

93031

96507

25

71212

73629

76046

78463

80880

83297

85714

2417

89338

92961

97749

101373

 

 

 

 

 

 

 

 

 

 

Salary Schedule 4/1/06 - 3/31/07

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

21932

22785

23638

24491

25344

26197

27050

853

28324

29599

32068

33343

2

22674

23572

24470

25368

26266

27164

28062

898

29410

30758

33301

34650

3

23710

24647

25584

26521

27458

28395

29332

937

30739

32145

34746

36153

4

24705

25693

26681

27669

28657

29645

30633

988

32113

33591

36265

37742

5

25801

26840

27879

28918

29957

30996

32035

1039

33591

35147

37898

39454

6

27069

28160

29251

30342

31433

32524

33615

1091

35254

36893

39728

41367

7

28512

29650

30788

31926

33064

34202

35340

1138

37044

38748

41647

43351

8

30030

31211

32392

33573

34754

35935

37116

1181

38887

40659

43622

45395

9

31618

32850

34082

35314

36546

37778

39010

1232

40862

42712

45759

47608

10

33324

34620

35916

37212

38508

39804

41100

1296

43040

44979

48112

50052

11

35200

36548

37896

39244

40592

41940

43288

1348

45307

47326

50541

52562

12

37070

38477

39884

41291

42698

44105

45512

1407

47626

49740

53046

55159

13

39189

40659

42129

43599

45069

46539

48009

1470

50210

52411

55807

58008

14

41351

42892

44433

45974

47515

49056

50597

1541

52903

55209

58709

61015

15

43639

45242

46845

48448

50051

51654

53257

1603

55659

58063

61657

64058

16

46011

47686

49361

51036

52711

54386

56061

1675

58572

61083

64786

67295

17

48507

50271

52035

53799

55563

57327

59091

1764

61733

64373

68209

70852

18

51175

53027

54879

56731

58583

60435

62287

1852

65064

67843

71814

74592

19

53878

55812

57746

59680

61614

63548

65482

1934

68381

71279

75373

78272

20

56561

58582

60603

62624

64645

66666

68687

2021

71721

74755

78982

82017

21

59518

61627

63736

65845

67954

70063

72172

2109

75335

78496

82852

86014

22

62613

64846

67079

69312

71545

73778

76011

2233

79356

82699

87236

90581

23

65912

68209

70506

72803

75100

77397

79694

2297

83140

86586

91224

94669

24

69390

71772

74154

76536

78918

81300

83682

2382

87253

90824

95591

99162

25

73170

75654

78138

80622

83106

85590

88074

2484

91798

95520

100440

104164

 

 

 

 

 

 

 

 

 

 

 

 

Salary Schedule 4/1/07 - 3/31/08

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

22590

23469

24348

25227

26106

26985

27864

879

29176

30489

33033

34346

2

23354

24279

25204

26129

27054

27979

28904

925

30292

31681

34300

35690

3

24421

25386

26351

27316

28281

29246

30211

965

31660

33108

35787

37237

4

25446

26464

27482

28500

29518

30536

31554

1018

33078

34601

37355

38876

5

26575

27645

28715

29785

30855

31925

32995

1070

34598

36200

39034

40637

6

27881

29005

30129

31253

32377

33501

34625

1124

36313

38001

40921

42610

7

29367

30539

31711

32883

34055

35227

36399

1172

38154

39909

42895

44650

8

30931

32147

33363

34579

35795

37011

38227

1216

40051

41876

44928

46754

9

32567

33836

35105

36374

37643

38912

40181

1269

42089

43994

47132

49037

10

34324

35659

36994

38329

39664

40999

42334

1335

44332

46329

49556

51555

11

36256

37645

39034

40423

41812

43201

44590

1389

46670

48749

52061

54142

12

38182

39631

41080

42529

43978

45427

46876

1449

49053

51231

54636

56812

13

40365

41879

43393

44907

46421

47935

49449

1514

51716

53983

57481

59748

14

42592

44179

45766

47353

48940

50527

52114

1587

54489

56864

60469

62845

15

44948

46599

48250

49901

51552

53203

54854

1651

57328

59804

63506

65979

16

47391

49116

50841

52566

54291

56016

57741

1725

60327

62914

66728

69312

17

49962

51779

53596

55413

57230

59047

60864

1817

63585

66304

70256

72978

18

52710

54618

56526

58434

60342

62250

64158

1908

67018

69881

73971

76832

19

55494

57486

59478

61470

63462

65454

67446

1992

70432

73417

77634

80620

20

58258

60340

62422

64504

66586

68668

70750

2082

73875

77000

81354

84480

21

61304

63476

65648

67820

69992

72164

74336

2172

77594

80850

85336

88593

22

64491

66791

69091

71391

73691

75991

78291

2300

81736

85180

89853

93298

23

67889

70255

72621

74987

77353

79719

82085

2366

85634

89184

93961

97509

24

71472

73925

76378

78831

81284

83737

86190

2453

89868

93546

98456

102134

25

75365

77924

80483

83042

85601

88160

90719

2559

94555

98388

103456

107292

 

 

 

 

 

 

 

 

 

 

 

 

Salary Schedule 4/1/08 - 3/31/09

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

23268

24173

25078

25983

26888

27793

28698

905

30049

31402

34022

35374

2

24055

25008

25961

26914

27867

28820

29773

953

31203

32633

35331

36763

3

25154

26148

27142

28136

29130

30124

31118

994

32610

34102

36861

38355

4

26209

27258

28307

29356

30405

31454

32503

1049

34073

35641

38478

40045

5

27372

28474

29576

30678

31780

32882

33984

1102

35635

37285

40204

41855

6

28717

29875

31033

32191

33349

34507

35665

1158

37404

39142

42150

43890

7

30248

31455

32662

33869

35076

36283

37490

1207

39298

41105

44181

45989

8

31859

33112

34365

35618

36871

38124

39377

1253

41256

43135

46279

48160

9

33544

34851

36158

37465

38772

40079

41386

1307

43351

45313

48546

50508

10

35354

36729

38104

39479

40854

42229

43604

1375

45662

47719

51043

53102

11

37344

38775

40206

41637

43068

44499

45930

1431

48072

50214

53625

55769

12

39327

40820

42313

43806

45299

46792

48285

1493

50527

52771

56278

58519

13

41576

43135

44694

46253

47812

49371

50930

1559

53265

55600

59203

61538

14

43870

45505

47140

48775

50410

52045

53680

1635

56126

58573

62286

64733

15

46296

47997

49698

51399

53100

54801

56502

1701

59050

61601

65414

67961

16

48813

50590

52367

54144

55921

57698

59475

1777

62139

64803

68732

71393

17

51461

53333

55205

57077

58949

60821

62693

1872

65496

68296

72367

75170

18

54291

56256

58221

60186

62151

64116

66081

1965

69027

71976

76188

79135

19

57159

59211

61263

63315

65367

67419

69471

2052

72547

75621

79965

83040

20

60006

62151

64296

66441

68586

70731

72876

2145

76095

79314

83798

87018

21

63143

65380

67617

69854

72091

74328

76565

2237

79921

83274

87895

91250

22

66426

68795

71164

73533

75902

78271

80640

2369

84188

87736

92549

96097

23

69926

72363

74800

77237

79674

82111

84548

2437

88203

91860

96780

100435

24

73616

76143

78670

81197

83724

86251

88778

2527

92566

96355

101412

105200

25

77626

80262

82898

85534

88170

90806

93442

2636

97393

101341

106561

110512

 

 

 

 

 

 

 

 

Salary Schedule 4/1/09 - 3/31/10

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

23966

24898

25830

26762

27694

28626

29558

932

30950

32343

35042

36434

2

24777

25759

26741

27723

28705

29687

30669

982

32142

33615

36394

37869

3

25909

26933

27957

28981

30005

31029

32053

1024

33590

35127

37968

39507

4

26995

28076

29157

30238

31319

32400

33481

1081

35098

36713

39635

41249

5

28193

29328

30463

31598

32733

33868

35003

1135

36704

38403

41410

43110

6

29579

30772

31965

33158

34351

35544

36737

1193

38528

40318

43417

45209

7

31155

32398

33641

34884

36127

37370

38613

1243

40475

42336

45505

47367

8

32815

34106

35397

36688

37979

39270

40561

1291

42496

44432

47670

49607

9

34550

35896

37242

38588

39934

41280

42626

1346

44650

46671

50001

52022

10

36415

37831

39247

40663

42079

43495

44911

1416

47031

49149

52573

54694

11

38464

39938

41412

42886

44360

45834

47308

1474

49514

51721

55234

57442

12

40507

42045

43583

45121

46659

48197

49735

1538

52044

54356

57968

60276

13

42823

44429

46035

47641

49247

50853

52459

1606

54864

57269

60980

63385

14

45186

46870

48554

50238

51922

53606

55290

1684

57809

60330

64154

66675

15

47685

49437

51189

52941

54693

56445

58197

1752

60821

63449

67376

70000

16

50277

52107

53937

55767

57597

59427

61257

1830

64001

66745

70792

73533

17

53005

54933

56861

58789

60717

62645

64573

1928

67460

70344

74537

77424

18

55920

57944

59968

61992

64016

66040

68064

2024

71098

74136

78474

81510

19

58874

60988

63102

65216

67330

69444

71558

2114

74726

77893

82367

85534

20

61806

64015

66224

68433

70642

72851

75060

2209

78376

81691

86310

89626

21

65037

67341

69645

71949

74253

76557

78861

2304

82318

85771

90531

93987

22

68419

70859

73299

75739

78179

80619

83059

2440

86713

90368

95325

98980

23

72024

74534

77044

79554

82064

84574

87084

2510

90849

94615

99683

103448

24

75824

78427

81030

83633

86236

88839

91442

2603

95344

99246

104455

108357

25

79955

82670

85385

88100

90815

93530

96245

2715

100315

104381

109758

113827

 

 

 

 

 

 

Salary Schedule 4/1/10 - 3/31/11

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

24925

25894

26863

27832

28801

29770

30739

969

32187

33635

36442

37890

2

25768

26789

27810

28831

29852

30873

31894

1021

33426

34958

37848

39382

3

26945

28010

29075

30140

31205

32270

33335

1065

34933

36532

39487

41087

4

28075

29199

30323

31447

32571

33695

34819

1124

36501

38180

41219

42898

5

29321

30501

31681

32861

34041

35221

36401

1180

38170

39937

43064

44832

6

30762

32003

33244

34485

35726

36967

38208

1241

40071

41932

45155

47019

7

32401

33694

34987

36280

37573

38866

40159

1293

42095

44031

47327

49263

8

34128

35471

36814

38157

39500

40843

42186

1343

44198

46212

49579

51594

9

35932

37332

38732

40132

41532

42932

44332

1400

46437

48539

52002

54104

10

37872

39345

40818

42291

43764

45237

46710

1473

48915

51118

54678

56884

11

40003

41536

43069

44602

46135

47668

49201

1533

51495

53791

57444

59740

12

42127

43727

45327

46927

48527

50127

51727

1600

54128

56533

60289

62690

13

44536

46206

47876

49546

51216

52886

54556

1670

57057

59558

63418

65919

14

46993

48745

50497

52249

54001

55753

57505

1752

60125

62747

66724

69345

15

49592

51414

53236

55058

56880

58702

60524

1822

63253

65986

70070

72799

16

52288

54191

56094

57997

59900

61803

63706

1903

66560

69414

73622

76473

17

55125

57130

59135

61140

63145

65150

67155

2005

70157

73157

77518

80520

18

58157

60262

62367

64472

66577

68682

70787

2105

73942

77102

81613

84771

19

61229

63428

65627

67826

70025

72224

74423

2199

77718

81011

85664

88958

20

64278

66575

68872

71169

73466

75763

78060

2297

81509

84956

89760

93209

21

67638

70034

72430

74826

77222

79618

82014

2396

85609

89200

94151

97745

22

71156

73694

76232

78770

81308

83846

86384

2538

90184

93985

99141

102942

23

74905

77515

80125

82735

85345

87955

90565

2610

94481

98397

103668

107584

24

78857

81564

84271

86978

89685

92392

95099

2707

99157

103215

108633

112691

25

83153

85977

88801

91625

94449

97273

100097

2824

104330

108558

114151

118382

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary Schedule 3/31/11

1

0%

           

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

27550

28519

29488

30457

31426

32395

33364

969

34812

36260

39067

40515

2

28393

29414

30435

31456

32477

33498

34519

1021

36051

37583

40473

42007

3

29570

30635

31700

32765

33830

34895

35960

1065

37558

39157

42112

43712

4

30700

31824

32948

34072

35196

36320

37444

1124

39126

40805

43844

45523

5

31946

33126

34306

35486

36666

37846

39026

1180

40795

42562

45689

47457

6

33387

34628

35869

37110

38351

39592

40833

1241

42696

44557

47780

49644

7

35026

36319

37612

38905

40198

41491

42784

1293

44720

46656

49952

51888

8

36753

38096

39439

40782

42125

43468

44811

1343

46823

48837

52204

54219

9

38557

39957

41357

42757

44157

45557

46957

1400

49062

51164

54627

56729

10

40497

41970

43443

44916

46389

47862

49335

1473

51540

53743

57303

59509

11

42628

44161

45694

47227

48760

50293

51826

1533

54120

56416

60069

62365

12

44752

46352

47952

49552

51152

52752

54352

1600

56753

59158

62914

65315

13

47161

48831

50501

52171

53841

55511

57181

1670

59682

62183

66043

68544

14

49618

51370

53122

54874

56626

58378

60130

1752

62750

65372

69349

71970

15

52217

54039

55861

57683

59505

61327

63149

1822

65878

68611

72695

75424

16

54913

56816

58719

60622

62525

64428

66331

1903

69185

72039

76247

79098

17

57750

59755

61760

63765

65770

67775

69780

2005

72782

75782

80143

83145

18

60782

62887

64992

67097

69202

71307

73412

2105

76567

79727

84238

87396

19

63854

66053

68252

70451

72650

74849

77048

2199

80343

83636

88289

91583

20

66903

69200

71497

73794

76091

78388

80685

2297

84134

87581

92385

95834

21

70263

72659

75055

77451

79847

82243

84639

2396

88234

91825

96776

100370

22

73781

76319

78857

81395

83933

86471

89009

2538

92809

96610

101766

105567

23

77530

80140

82750

85360

87970

90580

93190

2610

97106

101022

106293

110209

24

81482

84189

86896

89603

92310

95017

97724

2707

101782

105840

111258

115316

25

85778

88602

91426

94250

97074

99898

102722

2824

106955

111183

116776

121007

 

 

 

 

 

 

Salary Schedule 4/1/14 - 3/31/15

                       

Long

                       

Max.

   

Perf.

Perf.

Perf.

Perf.

Perf.

   

10 Yr.

15 Yr.

20 Yr.

25 Yr.

 

Hiring

Advance

Advance

Advance

Advance

Advance

Job

Perf.

Long

Long

Long

Long

SG

Rate

Step 1

Step 2

Step 3

Step 4

Step 5

Rate

Adv.

Step

Step

Step

Step

                         

1

28101

29089

30077

31065

32053

33041

34029

988

35506

36983

39846

41323

2

28961

30002

31043

32084

33125

34166

35207

1041

36770

38332

41280

42845

3

30161

31247

32333

33419

34505

35591

36677

1086

38307

39938

42952

44584

4

31314

32461

33608

34755

35902

37049

38196

1147

39912

41624

44724

46437

5

32585

33789

34993

36197

37401

38605

39809

1204

41613

43416

46605

48409

6

34055

35321

36587

37853

39119

40385

41651

1266

43551

45449

48737

50638

7

35727

37046

38365

39684

41003

42322

43641

1319

45616

47590

50952

52927

8

37488

38858

40228

41598

42968

44338

45708

1370

47760

49815

53249

55304

9

39328

40756

42184

43612

45040

46468

47896

1428

50043

52187

55719

57863

10

41307

42810

44313

45816

47319

48822

50325

1503

52574

54821

58452

60702

11

43481

45045

46609

48173

49737

51301

52865

1564

55205

57547

61273

63615

12

45647

47279

48911

50543

52175

53807

55439

1632

57888

60341

64172

66621

13

48104

49808

51512

53216

54920

56624

58328

1704

60879

63430

67367

69918

14

50610

52397

54184

55971

57758

59545

61332

1787

64004

66679

70735

73409

15

53261

55120

56979

58838

60697

62556

64415

1859

67199

69986

74152

76936

16

56011

57952

59893

61834

63775

65716

67657

1941

70568

73479

77771

80679

17

58905

60950

62995

65040

67085

69130

71175

2045

74237

77297

81745

84807

18

61998

64145

66292

68439

70586

72733

74880

2147

78098

81321

85923

89144

19

65131

67374

69617

71860

74103

76346

78589

2243

81950

85309

90055

93415

20

68241

70584

72927

75270

77613

79956

82299

2343

85817

89333

94233

97751

21

71668

74112

76556

79000

81444

83888

86332

2444

89999

93662

98712

102378

22

75257

77846

80435

83024

85613

88202

90791

2589

94667

98544

103803

107680

23

79081

81743

84405

87067

89729

92391

95053

2662

99047

103042

108418

112412

24

83112

85873

88634

91395

94156

96917

99678

2761

103817

107956

113483

117622

25

87494

90374

93254

96134

99014

101894

104774

2880

109092

113404

119109

123425

 Back to Top

 

APPENDIX “B”

 

            The items in this Appendix are reviewable pursuant to Article 7.1(b) of the Agency Police Services Unit Agreement.

Counseling

 

            Counseling is an effort on the part of a supervisor to provide to an employee, positively or negatively, significant feedback regarding on-the-job activity.  It is meant to be a positive communications device, clarifying what has occurred and what is expected.  Counseling is not disciplinary, having constructive goals, such as assisting in employee development, or teaching or modifying behavior.  It involves face-to-face contact, and out of respect for the employee and the process, must be conducted in private.  Counseling is a direct technique that should involve two individuals, the supervisor and the subordinate.  If the counseling situation warrants that more than one supervisor be present, the employee being counseled must be afforded the opportunity to invite a Union representative who is readily available to attend the counseling session.

            Counseling is not viewed as a routine matter.  When contemplating the issuance of a follow-up memo, supervisors should consider if that level of formal response is necessary or appropriate.  Not all incidents require counseling, not all counseling requires the issuance of a memo.  Consideration of this action may be appropriate for discussion with higher levels of supervision and/or the personnel department.  If such a memo is issued to an employee, it must accurately describe the discussion and clearly establish expectations for the future.  Overall, counseling is viewed as a supportive supervisory means of communicating with employees.

            An employee is not required to sign a counseling memo.  An employee may be asked to acknowledge receipt of a counseling memo by signing it prior to its placement in his official personal history folder.  Such signature does not necessarily indicate agreement with the contents of the memo.  The employee has the right to file a response to a counseling memo in his official personal history folder.  Grievances arising out of the application of this Appendix shall be processed pursuant to Article 7, paragraph 7.1(b).

 

Labor/Management Agreements

            It is the intention of the State to continue all existing labor/management agreements subject to the provisions of Article 25 of the Agreement and consistent with this Agreement notwithstanding the provisions of Article 31 of the Agreement.

 

Back to Top

 

APPENDIX “C”

Training Notices

 

            At the request of the Union, agency level labor/management committees will review criteria and method of selection of assignment to agency training programs.  If such meetings fail to resolve the issue, the Union may request an executive level labor/management meeting as provided in Article 25 to discuss the matter.

 

Back to Top


APPENDIX “D”

 

Agency Police Services Unit Drug Testing Program

 

I.          PoIicy:  It is the policy of the police departments within the Department of Environmental Conservation (DEC), the Office of Parks, Recreation and Historic Preservation (OPRHP) and the State University of New York (SUNY) to prohibit the illegal use or possession (either on or off - duty) of any drug, narcotic, controlled substance or marijuana by any employee.  It is not the intent of this policy to prohibit possession or use by the employee when it is required in the course of official duties, or the drug, narcotic, controlled substance or marijuana has been legally prescribed for the employee.  Any prescription for a controlled substance, drug, or narcotic must be written for a valid medical condition, by a person licensed to practice medicine or other practitioner authorized to prescribe medication. Violation of this policy will result in immediate disciplinary action, up to and including dismissal.

 

 

 

 

 

 

II.         Protection Of Employee Rights During Drug Testing

The Agency Police Services Unit Drug Testing Program ensures that all unit members are treated fairly and in a dignified manner on those occasions when drug testing is required. To that end, this Drug Testing program is governed by the following guidelines.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III.     Compulsory Drug Testing of Unit Members Based Upon Reasonable Suspicion

          of Illegal Use Of Drugs

 

Policy:  A unit member may be ordered to submit to testing to determine the presence of substances in his/her system that violates this program.  A refusal to submit to such test shall be deemed a positive test for substances that violate this policy and shall be subject to such administrative or disciplinary action that the employer deems appropriate including but not limited to suspension and disciplinary charges.  A unit member shall be escorted to such test at the discretion of the appointing authority.

 

 

 

 

 

 

IV.       Random Drug Testing of Unit Members

 

Policy:  All members of this unit, regardless of rank or work location, upon notification they are subject to a Random Drug Test will appear as required at the location specified for drug testing.  The random selection testing process of these units will be under the direct guidance and supervision of the Director of Employee Relations for DEC, the Director of Human Resources Management for OPRHP and the Commissioner for University Police for SUNY or any of those individual’s designee(s).

 

 

An agency shall not cause the contractor to not to test any individual selected by testing unless such individual is on long-term leave.

 

 

 

 

 

 

V.        Drug Testing Of Probationary Unit Members From Initial Date of Hire Through Completion of Field Training

 

Policy:  During the period from the initial date of hire up to and including the completion of field training, employees shall be subject to periodic, unannounced drug testing for the purpose of determining whether they have used a substance in violation of this program.  This testing may consist of hair/urine analysis at the discretion of the appointing authority. Such tests will be administered a number of times during the period from the initial date of hire up to and including the completion of field training. 

 

 

 

 

 

 

 Back to Top

APPENDIX “E”

 

SEASONAL/TEMPORARY PART-TIME EMPLOYEES AGREEMENT

 

 

  1. The provisions of the Agency Police Services Unit Agreement shall be applied as specified in this Agreement (excluding Articles 5.3, 9, 11, 12, 14, 16, 18, 20 and 24) to Seasonal and part-time temporary employees other than those in annual salaried positions insofar as they are applicable by their terms; such employees are hereinafter referred to as "employees."
  2. Employees who work at least 160 hours during the season (at least 20 days) will be entitled to additional compensation at their hourly rate, up to a maximum of eight hours, for time worked on each of the first three (3) days during their 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 should be paid retroactively upon completion of five weeks of work.
  3. The State will continue to provide seasonal employees presently receiving uniforms with uniforms according to the policies in effect in the employing agencies.
  4. Temporary part-time employees in the title of Park Patrol Officer or Park Ranger (EnCon), who work more than 520 hours in a fiscal year, shall receive one-quarter of the uniform allowance provided in Article 20 of the Security Services Unit Agreement payable upon completion of the 520 hours of work once during the fiscal year.
  5. Temporary part-time employees in the title of Park Patrol Officer or Park Ranger (EnCon), who work more than 1,040 hours in a fiscal year shall be eligible to receive an additional one-quarter of the uniform allowance provided in Article 20 of the Security Services Unit Agreement payable upon completion of the 1,040 hours of work once during the fiscal year.
  6. Employees who have completed at least six years of continuous service of six pay periods on a scheduled half-time or greater basis in each of those six years, shall be entitled to an exit interview with the appointing authority or designee following notice of involuntary separation. In such instances, the local union representative shall be notified of the involuntary separation, and may accompany the employee in the exit interview session.
  7. Employees may purchase health insurance under the terms of the health insurance contracts in force during this Agreement. Such coverage is offered on a full pay basis (i.e., both the Employer and the employee share) through December 31, 2000 for the duration of their employment. Effective January 1, 2001, Seasonal employees will be eligible for health insurance at the employee premium share while they are on the payroll as follows: the employee must be expected to work at least six months and the employee must be employed on at least a half-time basis. Upon an employee leaving the payroll, if the employee is not off the payroll for more than six months, the employee is eligible for health insurance upon the return to work and will not be required to satisfy the six month minimum employment requirement.
  8. Employees who have completed at least six years of continuous service of six pay periods on a scheduled 40 hours a pay period or greater basis in each of those six years and who are eligible for rehire, may continue their health insurance coverage on a full pay basis between seasons. Should an employee fail to return in the following season, health insurance coverage will be terminated.
  9. Seasonal employees who have been continuously employed on at least a forty hours per pay period basis, for 19 pay periods, shall be entitled to attendance rules coverage, in accordance with Civil Service Attendance Rules and the appropriate provisions of this negotiated Agreement. Employees not covered by the Attendance Rules and not eligible for Workers' Compensation leave provisions will be allowed leave with pay for injuries sustained in the line of duty. Use of such leave is to be held to a minimum and, in no event, is to exceed three days or 24 hours pay per year, whichever is less.
  10. Compensation

(a)          The salary provisions of Article 11.2 of the Agency Police Services Unit Agreement shall apply to all employees.

(b)          The provisions of Article 11.9, Pre-Shift Briefings, shall be applicable to employees employed on a normal 35 to 40 hour week basis in the following titles:   Park Ranger, Safety and Security Officer, Sergeant Park Patrol, Supervising Park Ranger, and temporary, part-time Park Patrol Officer.

 

  1. This Agreement supersedes the 1995-1999 Agreement between the parties for seasonal employees and shall continue in effect for the term of the Agency Police Services Unit Agreement between the parties.

Back to Top 

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Outside Police Agreement

 

Dear Mr. Vilar:

 

             When a representative of any outside police or investigative agency other than representatives of the agency or department in which the employee is employed, seeks to interrogate, question or interview an on-duty employee in connection with an investigation, the employee is not under any compulsion or requirement as a condition of his employment to submit to such interrogation conducted at the work site by the representative of such outside police or investigative agency.  Management will not seek or attempt to coerce or persuade any employee to submit to such interrogation conducted by the representatives of such outside police or investigative agency.

 

             The provisions hereof are not applicable to interrogations of an employee by representatives of the agency or department in which the employee is employed; an investigation by the Justice Center for the Protection of People with Special Needs, or by any entity charged by the Mental Hygiene Law with the duty to conduct investigations.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Travel

 

Dear Mr. Vilar:

 

This is to confirm our discussion during negotiations for the Agency Police Services Unit Agreement on certain issues related to Article 17, Travel, as described below:

 

            (1)  Notification of change

 

            In the event of any change in the rate of reimbursement, the Union shall be promptly furnished with a copy of such changes and the changes will also be posted for employee inspection and information.

 

            (2)  Incidentals

            Parking, tolls, taxis, and similar expenses shall continue to be reimbursed in accordance with the Comptroller's Rules and Regulations.

 

            (3)  Reimbursement Methods

 

            The changes in Article 17 as they relate to reimbursement for lodging and meal expenses for authorized overnight travel, be they receipted or unreceipted, do not contemplate any change in the current method by which the Comptroller requires employees to compute expenses on travel vouchers.  These methods are commonly known as "Method I" for unreceipted travel and "Method II" for receipted travel. 

 

            I believe that the above is reflective of our discussion during these negotiations.

 

 

                                                                                    Sincerely,

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Dear Mr. Vilar:

 

This is to confirm our discussion during negotiations for the Agency Police Services Unit Agreement.

In the Agency Police Services Unit, all Supervisors job and shift assignment vacancies will be posted as required by Article 24.3(b) of the Agreement.

Any Supervisor who is senior to the successful bidder is entitled, at his request, or at the request of the Union, to be advised of the reasons that he was not selected for the assignment.  A Supervisor is defined in this side letter as one of the following titles only: Captain Park Patrol, Chief Environmental Conservation Officer, Environmental Conservation Investigator 3, Forest Ranger 3, Lieutenant Park Patrol, Sergeant Park Patrol, University Police Investigator 2, and University Police Officer 2.

In cases where seniority is not used to award job bids, it is necessary for the administration to document why one employee's ability is greater than another's.  This could be done through previous experience, training, etc.

Any complaints regarding failure to make an assignment to other than the senior bidder should be referred by the Union directly to the Director of Labor Relations of the agencies covered under this Agreement for review and response within seven working days.  The decision of the Director may be submitted to the grievance procedure at its first step.

                                                                                    Sincerely,

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

 

Dear Mr. Vilar:

 

The State and PBANYS recognize that in the course of performing their jobs, exposure to tuberculosis (TB) and the possibility of contracting active TB is a major concern for employees and their families.

 

            The State and PBANYS are committed to the ongoing exploration of a range of accommodations in those instances where an employee has contracted active TB.  Such accommodations warranting further exploration may include development of reassignments to non-contact positions to limit the exposure of employees as medically necessary and discussion of the concept of redeployment to another State agency of such an employee when continued performance of job duties would place an employee "at risk."

 

            Discussion, consideration and exploration will be undertaken by a Statewide joint labor/management work group under the auspices of Article 22 of the Agreement.  The mechanics of how such accommodations might be accomplished, contractual implications, and the process by which suitable alternate placement opportunities might be facilitated will be discussed.  The parties will evaluate the legal, fiscal and operational ramifications of such a concept, and consider other supportive measures such as retraining and counseling beyond that which would otherwise be provided on an agency basis.  Although the focus of discussions will pertain primarily to TB, the parties will discuss other infectious diseases as well. 

 

            Of course, pro-active agency approaches such as education, the development of protocols, and the availability of proper equipment will remain a priority to help reduce the possibility of exposure.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Performance Advancement Effective Date

 

Dear Mr. Vilar:

 

This is to confirm our discussion during negotiations for the Agency Police Services Unit Agreement regarding the change in effective date from March 31 to April 1 in Article 11.3; specifically given that the language in Article 11 no longer sunsets the performance advance payments, such change in effective date, will not result in any employee being paid a performance advancement payment more than once in a fiscal year.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  SUNY Definition of Facility

 

Dear Mr. Vilar:

 

This is to confirm discussions during the recent negotiations regarding Article 5.3(e) of the Agreement.  Specifically, each SUNY campus is considered a facility for the purposes of this section.  Additionally, the word “region” applies only to those Agencies which are not organized by facility.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

 

 

 

 

 

 

 

 

 

 

 

                                                           

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Physical Fitness Pilot Program

 

Dear Mr. Vilar:

 

To help ensure and encourage the physical fitness of members of the bargaining unit, the parties may discuss, on an agency or statewide labor/management level, the implementation of a pilot voluntary physical fitness program.  Such discussions may include appropriate standards and incentives.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Office of Parks, Recreation and Historic Preservation

 

Dear Mr. Vilar:

 

During the term of this Agreement, the Office of Parks, Recreation and Historic Preservation and the Union may meet and discuss issues of mutual concern such as, but not limited to, expectations of supervisory responsibilities and the possible implementation of a Zone Supervisors Pay Pilot Program.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Use of State Equipment

 

Dear Mr. Vilar:

 

An agency, department or facility may enter into labor/management agreements as defined by the Agreement to permit 1) union access to a local electronic bulletin board, where it exists, as described in paragraph A below and/or 2) union use of e-mail for labor/management purposes as described paragraph B below.

 

A.        A labor/management agreement concerning union access to a local electronic bulletin board may be made for posting of PBANYS notices and bulletins. No material which may be profane, derogatory to any individual or constitute election campaign material for or against any person, organization or faction thereof except that election material related to internal PBANYS elections may be posted on such electronic bulletin board. All bulletins or notices shall be signed by the Council President, Local Union President or their designee on a hard copy of the material provided to management. Any material in violation of the above criteria will be removed promptly by management.

 

B.        A labor/management agreement on the use of an agency’s, department’s or facility’s e-mail system for labor/management purposes may permit use by union representative(s) to communicate:

 

1) with management or other union representatives regarding labor/management committee matters, including preparation for meetings, and transmittal of draft or final minutes, meeting agendas or any material directly related to issues under discussion; and/or

2) with members regarding labor/management agendas and minutes; and/or

3) upon mutual agreement, with management representatives.

 

Access to the agency’s/facility’s e-mail and/or an electronic bulletin board will be allowed only where a written labor/management agreement is executed. PBANYS and GOER will agree to model language that the parties must use as the basis for the local labor/management agreements.

 

Other access to electronic resources of the State, or agency, department or facility thereof, by and between union representatives and/or union members shall be discussed in a Statewide Labor/Management Committee established specifically for that purpose.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

ADMINISTRATIVE MAINTENANCE PAY AND COMMAND PAY

 

MEMORANDUM OF UNDERSTANDING

 

 

Administrative Maintenance Pay

 

Pay received in accordance with Article 11.9(b) of the Agency Police Services Unit Agreement will be the equivalent of fifteen minutes pay per day for Administrative Maintenance.  Administrative Maintenance is to be provided to each Department of Environmental Conservation employee in the Agency Police Services Unit who does not receive premium pay at the rate of two and one-half (2.5) hours per pay period at the overtime rate in compensation for vehicle, equipment, office maintenance and all telephone calls received outside the eight (8) hour workday up to five (5) hours per the 28 day scheduling period.  This Administrative Maintenance fee supplants rental fees presently paid by the State to employees pursuant to the local labor/management agreement regarding equipment storage, unless an employee is mandated over the employee’s objection to store equipment above that necessary for the individual employee to perform his/her job duties.  Administrative Maintenance Pay received pursuant to this Memorandum of Understanding shall satisfy the compensation to which the employees receiving Administrative Maintenance Pay are entitled under Article 11.9(b).

 

Command Pay

 

The employer shall provide Command Pay for Chief Environmental Conservation Officers and Environmental Conservation Investigators III at the rate of five (5) percent of their basic annual compensation.  Command pay shall be paid in recognition of those additional responsibilities placed upon employees in the above referenced titles.  Such additional responsibilities shall include the authorization and control of all overtime incurred by subordinate supervisors in addition to the monitoring and control of all overtime expenditures within their allocated budget.  Additional responsibilities shall also include those activities associated with the deployment of subordinate supervisors when managing incidents and occurrences, and where appropriate assuming direct command responsibility.

 

 

 

 

____________________________                     _____________________________

Michael Volforte, Interim Director                          Manuel Vilar, President

GOER                                                                                                PBA of NYS,Inc.

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

 

Dear Mr. Vilar:

 

The parties agree to form a joint labor-management committee to review and evaluate all leave usage by Agency Police Services Unit members and the manner of such usage and make recommendations to the Director of GOER and the President of APSU for implementation.

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

Mr. Manuel Vilar

President

Police Benevolent Association

  of New York State, Inc.

11 North Pearl Street, STE 1200

Albany, New York 12207

 

Re:  Participation in Grievance meetings

 

Dear Mr. Vilar:

 

This is to confirm our discussion during negotiations for the Agency Police Services Unit Agreement regarding the grievance process in Article 7. Teleconferencing or videoconferencing  shall be utilized for participation by an aggrieved employee in meetings at the Step 2 and Step 3 level, whenever the employee’s participation will be of a limited duration in terms of time spent discussing a grievance or grievances unless otherwise agreed to by the parties.

 

At the option of the union representative teleconferencing may be used to allow participation by the union representative without travel in step 2 and Step 3 level meetings.

 

The requesting and granting of release time for any step 2 and step 3 level meeting shall be governed by Article 7.3(a). 

 

Appropriate teleconferencing equipment will be available at the meeting site.

 

                                                                                    Sincerely,

 

 

 

                                                                                    /s/ Michael Volforte

                                                                                    Interim Director

 

 

 

 

 

Human Resources