APPENDIX III

MEMORANDA AND SIDE LETTERS

These documents are reproduced here for information. While they are not subject to the provisions of Article 34 of the Agreement, the State and PEF acknowledge that they set forth certain understandings of the parties concerning certain articles; and confirm mutually accepted definitions and clarifications of the parties in connection with certain articles; and therefore, have value in connection with the interpretation and application of certain articles of the Agreement.

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

In the course of the negotiations of the 2003-2007 State/PEF Agreement the parties agreed to the continuation of the Employee Organization Leave article which provides EOL for PEF designees for the purposes of investigation and processing of grievances.

As part of the parties' agreement to continue that article in the 2003-2007 Agreement, the parties also agreed that the conditions which apply to the use of EOL as outlined in the OER November 1979 memorandum to State agencies on this subject, a copy of which is attached, will also continue to be in effect for the term of the 2003-2007 Agreement.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President
TO:
STATE DEPARTMENTS AND AGENCIES
FROM:
Meyer S. Frucher
SUBJECT:
Grievance Representatives - PS&T Unit

Section 4.7(d) of the 1977-79 Agreement in the PS&T Unit provides for the granting of employee organization leave to union designees for the purposes of investigation of claimed grievances and processing of grievances. The employees on the attached list have been designated by the Public Employees Federation as grievance representatives eligible to be granted EOL under Section 4.7(d). Agencies are authorized to grant EOL to the PEF grievance representatives on the attached list subject to the following conditions:

  1. Eligibility for employee organization leave for the investigation of a claimed grievance or for the processing of a grievance shall be limited to one PEF steward or other PEF representative at one time for any single grievance.

  2. Because PEF will have stewards in each work location, stewards will not be entitled to employee organization leave for the investigation or processing of grievances in work locations other than their own.

  3. Because PEF will have stewards in each geographic location, stewards will be entitled to employee organization leave for travel in connection with grievance investigation and processing only if such travel time is required for attendance at a review meeting or hearing at any stage of the grievance procedure which is conducted at a geographic location other than that where the steward and grievant are assigned.

    (Notwithstanding the limitations established in paragraphs 1, 2 and 3 above, an agency may, at its discretion, approve the use of EOL by more than one PEF steward or other PEF representative for the investigation or processing of the same grievance or may permit the use of EOL for the investigation or processing of a grievance at another work location or for travel, when the agency Employee Relations Officer or other appropriate management official believes that such approval will contribute to the effective utilization of the grievance procedure for the review and/or resolution of a grievance.)

  4. To assure that the use of employee organization leave does not unduly interfere with the conduct of an agency's programs, a steward must obtain the advance approval of his immediate supervisor before absenting himself from his work station to engage in the investigation or processing of a grievance. The approval of the immediate supervisor shall not be withheld arbitrarily.

  5. Use of employee organization leave pursuant to Section 4.7(d) shall be subject to all other conditions and practices governing the use of employee organization leave generally.

  6. Use of employee organization leave pursuant to Section 4.7(d) shall continue to be governed by the interpretations promulgated in OER 74-3:

    "The operative words in Section 4.7(d) are investigation and processing. With regard to the former term, it is applicable only to the period of time prior to the filing of the grievance and through the second stage of the grievance procedure. After the second stage it would not appear that further investigation of the grievance should be necessary. It would be more appropriate to consider time, other than time spent at such hearings or reviews, as preparation time. Needless to say, employee organization leave is not authorized for 'preparation time,' although time off properly charged to employee credits should be liberally granted.

    "With regard to the term 'processing,' this term is limited to such time as is reasonable and necessary for appearances at grievance hearings or reviews."

    Employees named on the attached list are entitled to receive approval to use EOL for grievance representation, subject to the above conditions, retroactive to March 27. Such employees who would have been entitled to the use of EOL under these conditions, and who were absent from their work stations for grievance representation purposes and charged such absence to leave accruals, should be permitted to retroactively charge such absences to EOL and have their leave accruals restored.

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

I am writing to confirm the understanding of the parties in the negotiation of Article 4, Section 4.7(d) of the Agreement.

Section 4.7(d) provides that the Director of Employee Relations may grant additional Employee Organization Leave to designees of PEF under special circumstances.

We have established joint committee relationships in Article 14, Professional Development and Quality of Working Life Coordinating Committee, Article 15, Professional Development Committee, Article 18, Health and Safety, Article 22, Protection of Employees, and Article 44, Nursing and Institutional Issues. Time spent by PEF designees directly interacting with State representatives on these issues would be appropriately charged as EOL for labor/management committee participation under the provisions of Article 4, Section 4.7(c) of the Agreement. In addition to that need, however, we acknowledge that PEF has a need for study, review and internal preparation in connection with these joint committee relationships. To respond to this need we therefore agree that up to 55 days of EOL in each year of this Agreement shall be made available to PEF under the provision of Section 4.7(d) for preparation purposes in connection with PEF's participation in the joint relationships established in Articles 14, 15, 18, 22 and 44.

Sincerely,

John Currier Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
The Public Employees Federation, AFL-CIO
concerning
PERFORMANCE EVALUATION AND PERFORMANCE ADVANCES

  1. The PS&T Unit Performance Evaluation System and the payment of performance advances to PS&T Unit employees shall be subject solely to the provisions of this Memorandum. Payment of performance advances to PS&T Unit employees in accordance with the provisions of this Memorandum is acknowledged by the State and PEF to constitute full and complete compliance with the provisions of Article 7, Section 7.12 of the 2003-2007 State/PEF Agreement.

  2. The State and PEF acknowledge that performance evaluation is a management prerogative, and that the State has the full and complete authority to exercise its prerogative to evaluate its employees so long as it does so in a manner not inconsistent with any of the provisions of paragraphs III A through D below.

  3. The PS&T Unit Performance Evaluation System shall include the following elements:

    1. Each employee shall be provided with a written Performance Program at the beginning of his/her evaluation period.

    2. Performance evaluation shall occur at the end of the evaluation period, shall be based on the employee's Performance Program, and shall include both a narrative discussion of the employee's performance and a summary rating.

    3. An employee may attach written comments to his/her Performance Program and/or Performance Evaluation.

    4. Employees whose summary rating is below "Effective" shall be entitled to appeal such rating as described below:

      1. First, to an agency-level appeals committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall make a non-binding recommendation to the agency head. An appeal to the a gency-level appeals committee must be submitted within 15 calendar days of the receipt of the evaluation.

      2. Second, if the decision of the agency head is to deny the first-level appeal, to a State-level committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall render a final determination on the appeal. An appeal to the State-level appeals committee must be submitted within 15 calendar days of receipt of the determination of the agency head.

      3. The employee shall have the right upon request to make a personal appearance before both appeals committees to present facts and make arguments in support of the appeal. The employee shall be entitled to PEF representation before both appeals committees if he/she so elects.

      4. The appeal procedure described in this Section D shall not be applicable to employees who are in probationary status.

  4. Performance Advances shall be payable in accordance with the following provisions:

    1. Performance advances are defined as salary adjustments between the hiring rate and job rate of an employee's salary grade.

    2. Eligibility for performance advances shall be limited to employees in positions allocated to salary grades 1 through 37, and in unallocated positions equated for salary purposes to grades 1 through 37, except unallocated trainee positions.

    3. Effective April 1, 1992, performance advances shall be one-seventh of the dollar value of the difference between the hiring rate and job rate of the salary grade to which the employee's position is allocated or equated.

    4. Each employee shall be eligible to receive a performance advance upon completion of each year of service in grade in full employment status at a basic annual salary rate which is below the job rate of his/her salary grade if his/her performance at the completion of such year of service is rated at least "Effective" or its equivalent.

    5. Performance advances shall be paid in accordance with the provisions of Article 7, Section 7.12 of the 2003-2007 Agreement.

    6. No employee's basic annual salary rate shall exceed the job rate of the employee's salary grade as a result of the addition of a performance advance.

    7. Merit Advances
      Effective April 1, 2007, employees shall be eligible for salary adjustments from the job rate to a merit advance rate based on applicable eligibility criteria to be developed by agreement of the parties.

    8. Promotion Adjustment:
      Employees who are eligible for a performance advance in a lower salary grade but are promoted or appointed to a higher salary grade before receiving their next advance in the lower grade and who have not received an advance in the higher grade are entitled to a reconstructed promotion salary reflecting the performance advance which they would have been paid in the lower grade had the performance in that grade been rated at least "Ef ective" or its equivalent.

    9. Reduction in Grade:
      Service in a higher salary grade by employees who are appointed or demoted to a lower salary grade is creditable toward the service in grade requirement for a performance advance in the lower salary grade.

    10. Evaluation periods for employees in positions of Institution Teacher, and positions in other titles subject to the provisions of Section 136 of the Civil Service Law shall be subject to an amended schedule to reflect the 10-month work year of these titles:

      1. Employees in these titles whose work year is September 1-June 30 shall have an evaluation period of September 1-June 30.

      2. Employees in these titles whose work year is a 10-month work year other than September 1-June 30 shall have an evaluation period consisting of 10 months commencing on the first day of their work year.

      3. These employees shall receive performance advances if they are rated at least "Effective" or its equivalent, effective the first day of the work year immediately after the evaluation period.

      4. Employees in these titles shall be eligible for performance advances after the completion of each evaluation period during whic h they have been in full pay status for at least 150 working days.

  5. Any questions or disputes arising from the interpretation or implementation of this Memorandum, or any other questions or disputes arising from the administration of the PS&T Unit Performance Evaluation System, shall be subject to labor/management discussion at the Agency level and/or State level as appropriate as their sole and exclusive means of resolution.

For the State:

John Currier
Executive Deputy Director
Governor's Office of
  Employee Relations
Date: January 10, 2005

For PEF:

Roger E. Benson
President
Public Employees Federation
Date: January 10, 2005

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to confirm the parties' understanding regarding the eligibility criteria for receipt of the Merit Advance Rate discussed in Article 7.12 of the 2003-2007 State/PEF Agreement. During our discussions, we agreed that the program would be based on objective standards and measures of meritorious performance. Specifically, we agreed that eligible employees must satisfy all of the following criteria:

  1. One complete year at the Job Rate of Salary Grade

  2. Five years of cumulative State service

  3. "Satisfactory" performance evaluations for the previous three years. "Unsatisfactory" ratings given during that period and subsequently reversed on appeal will satisfy this requirement

  4. No finding of guilt in any Notice of Discipline (NOD) for the previous three years. It does not include NODs dismissed by an arbitrator or withdrawn by the agency during that period, but it does include NODs that are settled or are pending resolution during that period

  5. The employee has taken advantage of agency-sponsored job related training opportunities during the previous three years.

The system for merit increases shall provide for advancement to the Merit Advance Rate for employees who meet the eligibility criteria. For employees who are deemed ineligible, the existing performance evaluation appeals process will be available, subject to paragraph V of the Memorandum of Understanding concerning performance evaluation and performance advances.

The parties agree to further define the eligibility criteria for advancing to merit increases above the job rate within the parameters described above. The parties will meet and agree on the parameters of the merit advance rate program prior to October 2005.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF: Roger E. Benson President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

I am writing to confirm our understanding in connection with the negotiation of Article 7, Section 7.13 of the 2003-2007 State/PEF Agreement.

We acknowledge that it is our intent that in situations where an employee's salary is at the job rate of his/her grade and is subsequently temporarily reduced below the job rate because of the mechanics of salary computation when titles are reallocated, such a temporary drop below the job rate will not constitute a break in the required five years of service at the job rate required to qualify for performance awards under Section 7.13, so long as the employee's salary is at or above the job rate on the qualifying date(s) established in Section 7.13.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF: Roger E. Benson President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to confirm our understanding on the dual health enrollment provision of the State/PEF Agreement. It is the intent of the State to prohibit two family enrollments among two State employees in a family unit. If one spouse is an employee of a participating subdivision, there shall be no impact on the coverage selected by the spouse who is a State employee.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF: Roger E. Benson President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will confirm our mutual understanding of the provisions of Article 30, Verification of Doctor's Statement, Section 30.3, of the 2003-2007 State/PEF Agreement.

The provision in Section 30.3 that medical information provided by an employee's physician in describing the cause of the employee's absence be brief in nature applies only to that part of the medical documentation which is the diagnosis. There is no restriction on other relevant information which would support use of sick leave credits, such as prognosis, expected date of return or other information properly required under the provisions of the New York State Attendance Rules.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF: Roger E. Benson President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

In the course of the negotiations of the 2003-2007 State/PEF Agreement the parties agreed to the continuation of the Standby On-Call Rosters Article from the 1988-91 Agreement.

As part of the parties' agreement to continue that Article in the 2003-2007 Agreement, the parties also agreed that the provisions of the 1979-82 side letter on this subject, a copy of which is attached, will also continue to be in effect for the term of the 2003-2007 Agreement.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

Mr. John J. Kraemer
President
Public Employees Federation
258 Sawmill Road
Elmsford, New York 10523

Dear Mr. Kraemer:

This will confirm our discussions regarding standby duty assigned to employees in the PS&T unit who are not eligible for payment for serving on Standby On-Call Rosters under the provisions of Article 31 of the State/PEF Agreement.

The State and PEF acknowledge that because of the nature of the duties of certain professional employees, and the requirements of the programs to which certain employees are assigned, it is sometimes necessary for the State to require such employees to be available for recall or to be available to perform certain activities during off-duty hours. The State and PEF also acknowledge that in agencies where such circumstances regularly occur, it is appropriate for agency-level labor/management committees to discuss steps that may be taken to reduce the resulting inconvenience to the employees, including the equitable distribution of such assignments and the provision of telephone answering services and/or paging devices to remove some of the restriction on employees' mobility.

Sincerely,

Meyer S. Frucher

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to confirm the State's intent to continue for the duration of the 2003-2007 State/PEF Agreement the understanding between the parties in the area of counseling as provided in the January 1982 side letter on this subject, a copy of which is attached.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 15, 1982

Mr. John J. Kraemer
President
Public Employees Federation
10 Colvin Avenue
Albany, New York 12206

Dear Mr. Kraemer:

Let this letter confirm our understanding in the area of Counseling: Counseling is a means of instructing employees as to how performance can be improved; it is a constructive tool. In the event that an employee in the PS&T Unit receives a counseling memorandum that he alleges is a reprimand or discipline, he may submit a grievance pursuant to Article 34 of the Agreement asserting that he/she was denied the protections contained in Article 33, Discipline.

To further our understanding, the State will send to all agencies and facilities a memorandum setting out the purposes and philosophy of counseling.

Very truly yours,

Meyer S. Frucher

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to confirm that the Memorandum of Interpretation between the State and PEF, dated May 23, 1984, a copy of which is attached, concerning disputes arising from the termination of probationary employees will continue during the duration of the 2003-2007 State/PEF Agreement.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

Attachment

MEMORANDUM OF INTERPRETATION
between
The Executive Branch of The State of New York and
The Public Employees Federation, AFL-CIO
concerning
PROBATIONARY TERMINATION

  1. The Executive Branch of the State of New York and the Public Employees Federation, AFL-CIO have met and conferred regarding the interpretation of Sections 34.1(a) and 34.1(b) of Article 34 of the 1982-85 Agreement between the parties.

  2. The parties have agreed that disputes arising from the termination of probationary employees do not fall within either the definition of a "contract grievance" as set forth in Section 34.1(a) or the definition of a non-contract grievance as set forth in Section 34.1(b).

  3. Therefore, notwithstanding the fact that such disputes may in the past have been reviewed under the Section 34.1(b) non-contract grievance procedure, the parties agree that any such disputes shall not be subject to any of the provisions of Article 34, Grievance and Arbitration Procedure of the Agreement, except that this Agreement shall not apply to such disputes which are the subject of non-contract grievances properly filed at Step 1 prior to the date of execution of this Memorandum.

For the State:

/s/Thomas F. Hartnett

Date: May 23, 1984

For PEF:

/s/Joseph B. Sano

MEMORANDUM OF PROCEDURE
concerning
NEGOTIATING UNIT DESIGNATION

This is to confirm the procedure agreed upon by the State and the Public Employees Federation, AFL-CIO ("PEF") concerning the assignment to negotiating units and/or designation as managerial/confidential (M/C) of new positions and reclassified positions.

  1. The State will transmit to PEF on a monthly basis a listing of newly established positions and reclassifications, with a proposed negotiating unit or M/C designation for each position listed. Upon the request of PEF, the State will provide a duties description for any position listed. Upon the request of either party, representatives of the State and PEF will meet to discuss proposed designations.

  2. Within 60 days of receipt of a monthly listing, PEF shall notify the State of any negotiating unit assignment or M/C designation with which PEF disagrees.

  3. In the event PEF disagrees with a proposed negotiating unit assignment or M/C designation, the unit assignment or M/C designation shall be considered tentative pending final resolution.

  4. After PEF has had an opportunity to disagree with proposed negotiating unit assignments and M/C designations, the State shall report to PERB those unit assignments and M/C designations on which there is no disagreement and those on which PEF has disagreed and which are therefore considered to be tentative.

  5. All positions whose negotiating unit assignment or M/C designation are considered to be tentative will be placed in the negotiating unit or M/C category as proposed by the State, except as provided for in paragraph 6 below, and so reported to PERB.

  6. In cases of tentative negotiating unit assignments or M/C designations not agreed to by PEF, where the tentative negotiating unit assignment or M/C designation has been proposed by the State as the result of the reclassification of a filled PS&T Unit position, the position shall remain in the PS&T Unit pending final resolution of the disagreement.

  7. Tentative negotiating unit assignments and/or M/C designations will be reported to PERB with the understanding that at a later date those positions will be subject to such formal actions as either the State or PEF may choose to take in accordance with the provisions of Article 14 of the Civil Service Law. The State and PEF shall jointly request of PERB that a process be instituted to provide for resolution of all pending tentative designations semi-annually in June and December of each year.

  8. The State agrees to maintain accurate records of positions and titles for which the unit assignment or M/C designation is tentative and to make them available to PEF at reasonable times upon request.

  9. This procedure may be amended from time to time upon the mutual agreement of the parties.

>

For PEF:

/s/ Frank C. Greco

Date: October 17, 1986

For the State:

/s/ James D. Brown

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
The Public Employees Federation, AFL-CIO
concerning
PAYROLL DEDUCTION OF
PEF/COPE CONTRIBUTIONS

Agreement made this 17th day of October, 1986, by and between the State of New York ("State") and the Public Employees Federation, AFL-CIO ("PEF") in its capacity as representative of employees in the Professional, Scientific and Technical Services Unit and in accordance with the collective bargaining agreement between the State and PEF.

WITNESSETH

WHEREAS, federal law, 2 U.S.C. Section 441b , 11 C.F.R. Section 114, et seq., authorizes a separate segregated fund established by a labor organization to solicit its members and their families for voluntary contributions for the support of candidates for federal office and permits the facilitation of such contributions through a payroll checkoff;

NOW, THEREFORE, it is mutually agreed as follows:

  1. PEF, having established a separate segregated fund pursuant to federal law to receive contributions for the support of candidates for federal office only, shall have the right in conformance with all applicable law to the checkoff for such purposes. The fund is known as the New York State Public Employees Federation Committee on Political Education (PEF/COPE). Such PEF/COPE is affiliated with separate segregated funds established by the Service Employees International Union and/or the American Federation of Teachers pursuant to federal law, however any PEF/COPE contributions shall only be for the purposes of federal elections.

  2. An employee in the Professional, Scientific and Technical Services Unit who is a member of PEF and who is having union dues deducted from his/her wages may authorize deductions from his/her wages for contribution to the PEF/COPE separate segregated fund ("political contribution deductions") by completing the authorization form annexed hereto which bears the signature of the member and specifies the amount of such deductions that shall be made each payday. Such authorization is entirely voluntary and may be revoked by the employee at any time in writing . The authorization shall remain in effect until the State is notified pursuant to the provisions of paragraph 6 of this Agreement of the revocation of the authorization.

  3. Authorizations for political contributions to the PEF/COPE separate segregated fund shall be solicited by PEF strictly in accordance with applicable law and in conformance with paragraph 2 of this Agreement.

  4. PEF shall prepare a list of the written authorizations received and such other information, punch cards, computer tapes and any other material in whatever form needed by the State for processing; and it shall transmit such information and material to the State or its designee or designees.

  5. The State shall begin making such political contribution deductions in the amounts specified on the authorization forms as soon as practicable after receipt of the items described in paragraph 4 above. Such deductions shall be made from regular payrolls only.

  6. All requests for revocation of authorization for political contribution deductions shall be in writing and may be delivered to the Union or the payroll office of the State Comptroller on behalf of the State. The party receiving such written request shall, as soon as practicable, send a copy of such request to the other. The political contribution deductions will cease as soon as practicable after the State has received the appropriate notice.

  7. The State shall cause to be transmitted to PEF or its designee on each payday the amounts authorized, as well as a list of employees for whom political contribution deductions have been made and the amounts deducted.

  8. PEF shall be responsible for complying with all legal requirements regarding the collection of contributions for the PEF/COPE separate segregated fund for the support of only candidates for federal office. The State shall have no responsibility for or liability in connection with the establishment, operation and maintenance of any such fund and the collection of contributions therefor.

  9. Guidelines for contributions may be suggested by PEF, provided that the person being solicited is informed by PEF that the guidelines are merely suggestions and that an individual is free to contribute more or less than the guidelines suggest and PEF will not favor or disadvantage anyone by reason of the amount of the contribution or decision not to contribute.

  10. PEF shall submit to the State a separate statement affirming that it is a collecting agent for the PEF/COPE separate segregated fund which is registered with the Federal Election Commission and that such fund is authorized to solicit contributions and make expenditures in accordance with applicable law and giving the name of such fund and evidence of such registration, as well as the names of funds to which it is affiliated.

  11. PEF solely shall be responsible for any contribution wrongfully deducted from an employee's wages and transmitted to the PEF/COPE separate segregated fund or to one of the funds to which it is affiliated and solely shall be responsible for refunding such amount to any such employee.

  12. If for any reason it is found that the gross amount of a paycheck drawn to an employee must be recalled and redeposited, any deductions from it must necessarily be recovered. Since a deduction made pursuant to this Agreement would already have been forwarded to the Union, the State Comptroller will reduce a check issued subsequently to the Union by the amount of such erroneous deduction.

  13. The State, its trustees, its officers, its employees and its agents shall not be liable for any mistake, error of judgment or any other act of omission or commission in the operation of the political checkoff established pursuant to this Agreement. PEF agrees to hold the State, its trustees, its officers, its employees and its a gents harmless against any complaint, claim, action, grievance, proceeding or the like arising out of the solicitation, deduction, transmittal or expenditure of said political contributions.

  14. Political contribution deductions will be considered last in arithmetical sequence. Where the residual amount of wages after other deductions is less than the full amount of the authorized political contribution deduction, no fractional amount of such deduction will be made or carried over for deduction in any subsequent payroll period.

  15. No arrears of any kind or nature will be collected from any employee through the political checkoff system established pursuant to this Agreement.

For the State:

By:/s/James D. Brown

Date: October 17, 1986

For PEF:

By:/s/Frank C. Greco

Date: October 17, 1986

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

During the negotiation of Article 8 of the 2003-2007 State/PEF Agreement the parties discussed extension of the State's Travel Card program to employees in the PS&T Unit. This letter confirms the basis on which this program operates.

Certain employees are provided with a Travel Card at no cost to them. The card is restricted to use for payment of travel expenses incurred while in travel status in the performance of official duties.

Employees may participate in the program only if they are expected to regularly incur travel expenses on a yearly basis, and participation of any individual employee is subject to agency approval. The program is offered to PS&T Unit employees on the same terms available to other employees, and any changes in the program that may from time to time be made by agreement of the State and Travel Card vendor, or that may be made by the State in connection with its administration of the program, will apply to PS&T employees in the same manner they are applied to other employees. The State will notify PEF of changes in the program that may from time to time be made by agreement of the State and the Travel Card vendor, or that may be made by the State in the administration of the program.

Employees who participate in the program will have the option to discontinue their participation at any time with reasonable advance notice.

Please confirm PEF's agreement with the contents of this letter by countersigning it below.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

In accordance with the discussion of the parties during the negotiation of Article 8 of the 2003-2007 State/PEF Agreement, the following is information concerning meal allowances to be paid to employees in travel status who are not eligible for lodging:

Meal Allowances for Non-Overnight Travel in New York State

  1. The Comptroller in accordance with the provisions of Article 8, Section 8.1(c) will establish a schedule of meal allowances for meals which are substantiated by receipts. The schedule will be based on the federal daily meal allowance. Specifically, the federal allowance shall be apportioned into breakfast and dinner maximums on a 20% - 80% basis, each rounded to the nearest whole dollar. The total of the breakfast and dinner maximums shall equal the federal daily meal allowance. Should the federal meal allowances be adjusted during the term of the Agreement, the Comptroller shall adjust the State schedule accordingly. The rates include tax and gratuities.

  2. When no receipts are submitted for breakfast or dinner, the allowances will be $5 for breakfast and $12 for dinner with no differentials for upstate or downstate locations as established by the Comptroller in accordance with the provisions of Article 8, Section 8.1(c).

NOTE: The rates include tax and gratuities.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

I am writing to confirm understandings reached during the course of negotiation of the 2003-2007 State/PEF Agreement.

In connection with these negotiations, we agreed that the State will continue to advise PEF regarding the results of the administration of the job evaluation system; and that PEF will have the opportunity to advise the State of any issues or concerns it may have in this area.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

The following will continue and confirm the understandings on the subject of vacancy posting reached by the parties during negotiation of the 1991-95 State/PEF Agreement.

In order to achieve the advantages of a wide program of vacancy posting, while at the same time assuring that such a program appropriately reflects the operating needs of State departments, agencies and facilities, the State and PEF agree that this subject should be discussed in agency-level and/or local-level labor/management meetings as appropriate. Discussion in such forums is intended to result in the joint development of posting procedures that will meet the needs of both employees and management of the agency or facility at which such discussion takes place.

Any posting procedures developed through such labor/management discussion shall address at least the following issues:

A definition of the scope of the procedure, including any understandings regarding positions, titles, types of appointments, and/or durations of appointments to which the procedure will be applicable.

A definition of any positions, titles, types of appointments, durations of appointments and/or special situations for which the procedure is understood by the parties to be specifically not applicable.

A definition of the organizational and/or geographic distribution of the posting, i.e., facility-wide, all field offices within a certain area, etc.

A definition of the time period of the posting.

A definition of the information to be included on the posting notice.

A procedure for the notification of specified PEF representatives when management has determined that a position or vacancy which otherwise would be covered by the posting procedure will be exempted from the procedure.

It is intended by the State and PEF that labor/management discussions should also result in the joint development of a monitoring and reporting process so that both PEF representatives and top management representatives at the local and agency levels can from time to time review implementation of the procedure to be sure it is working effectively. It is not intended that procedures developed through the labor/management process provide for the cancellation of appointments that have been made without the posting procedure having been followed. If labor/management deliberations at any level do not result in the development of a mutually satisfactory procedure, or if after the development of such a procedure one party believes the other is failing to comply with the agreement, that matter is an appropriate subject for discussion at the next higher level of the labor/management process.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will continue and confirm our understandings reached during the course of negotiation of the 1991-95 State/PEF Agreement, on the subject of performance evaluation.

The State and PEF acknowledge that performance evaluation is a management prerogative, and that the State has the full and complete authority to exercise its prerogative to evaluate its employees so long as it does so in a manner not inconsistent with the provisions of Section III of the Performance Evaluation MOU.

The parties acknowledge that the performance evaluation system is designed to improve individual and organizational performance and productivity, recognize and reward achievement, and identify needs for training, development, and personnel actions. The parties further acknowledge that the performance evaluation system provides a means for supervisors and employees to communicate with each other about tasks, objectives, and work performance. It provides positive opportunities for supervisors to communicate tasks, objectives, standards, and the manner in which work is to be performed to employees, and to provide feedback and evaluation of employees' performance. It provides employees with positive opportunities to have constructive input into the process by which tasks, objectives and standards are established and, where necessary, to obtain clarification of what tasks and objectives they are required to perform and meet and the standards by which their performance will be rated.

Recognizing the benefits the performance evaluation system can provide to both employees and supervisors, the parties agree that facility-level and agency-level implementation of the performance evaluation system is an appropriate subject for discussion in the labor/management forum. Facility-level and agency-level labor/management committees shall, at the request of either party on such committee, jointly review and address problems arising from local implementation of the performance evaluation system.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter will continue and confirm the understandings of the parties reached in connection with the negotiation of Article 11, Accidental Death Benefit, in the 1999-2003 State/PEF Agreement.

The original intent of the parties in the negotiation of this provision in the 1985-88 State/PEF Agreement, which is otherwise hereby reaffirmed, was modified as follows in regard to eligibility for the tuition benefit set forth in Section 2 of Article 11:

The Section 11.2 tuition benefit was intended to provide assistance to deceased employees' children who would have been dependent on the employee to provide that assistance. Thus it is restricted to eligible dependents until such individuals attain a bachelor's degree or reach the age of 25, whichever is earlier, subject to the following limitations: (a) individuals who enroll before their 21st birthday but experience a break in enrollment of one full semester (or trimester or other normal school term except "summer school") or more will continue to be eligible for the tuition benefit only until they attain a bachelor's degree or reach the age of 23, whichever is earlier; (b) individuals who enroll on or after their 21st birthday who experience a break in enrollment of one full semester (or trimester or other normal school term except "summer school") or more will cease to be eligible for the tuition benefit.

Children of an employee who received an Accidental Death Benefit who are not residents of the State of New York as a result of the employee's work assignment with the State of New York, shall receive from the State a payment equal to the amount of the non-resident tuition cost (up to a maximum of the cost of non-resident tuition for the corresponding semester at the State University) for each semester they are enrolled and in attendance at such college or other unit.

Please confirm that this letter accurately sets forth our understandings on this subject by countersigning below.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter will continue and confirm the understanding of the parties reached during discussions on Article 8, Travel, in the 1991-95 State/PEF Agreement with respect to the concept of a centralized travel management system.

Within the overall context of Article 8, PEF acknowledges that the State retains the right to establish a centralized reservation system for employee lodging and transportation arrangements, and to designate specific lodging facilities and transportation modes for locations within and outside of New York State.

Please signify your concurrence with this previously agreed to understanding by signing below.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will continue and confirm our understanding reached during the course of negotiations of the 1991-95 State/PEF Agreement, on the subject of seven-consecutive day vacations.

The parties agree that it is desirable for employees to be afforded the opportunity to take at least one seven-consecutive day vacation (5 working days and 2 pass days) during each calendar year. Should an employee be denied this opportunity, during the term of this Agreement, the employee may request a review of the matter by the Agency Level Labor/Management Committee, and if not resolved there, to the Executive Level Labor/Management Committee.

It is understood that reviews will be afforded only when the employee is denied an opportunity to take a seven-consecutive day vacation during a calendar year. Reviews will not be applicable to situations where an employee was denied only his/her preferred vacation request(s).

Sincerely,

John Currier, Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson, President

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
The Public Employees Federation, AFL-CIO
concerning
PARKING/LOBA PROCEDURE

The undersigned agree to and understand the following:

  1. If an agreement is not reached in Article 19.3 parking fee negotiations within 180 days of their commencement, the dispute shall be submitted to final offer binding arbitration, as outlined below:

    1. A demand may be sent by either party to the local American Arbitration Association (AAA) office, requesting a list of arbitrators. A copy of such demand must be sent also to the other party.

    2. If mutual agreement can be reached on the selection of an arbitrator, the AAA selection procedure will not be necessary. If mutual agreement cannot be reached, the AAA Rules and Procedures regarding the selection of an arbitrator shall govern the selection process.

    3. The arbitrator shall hold hearings on all matters related to the dispute. The parties may be heard either in person, by counsel, or by other representatives, as they may respectively designate. The parties may present, either orally or in writing, or both, statements of fact, supporting witnesses and other evidence and argument of their respective positions. The arbitrator shall have authority to require the production of such additional evidence, either oral or written as desired from the parties and shall provide at the request of either party that a full and complete record be kept of any such hearings, the cost of such record for the arbitrator to be borne by the requesting party. The non- requesting party need only pay the cost of a copy if so desired.

    4. Each party will provide the arbitrator their final offer at the beginning of the hearing, and such offer shall be irrevocable. The arbitrator shall be limited to accepting the final offer of either party, on the issues of monthly rates, daily rate and/or effective date. The arbitrator's decision shall be based solely on the information submitted by the parties.

    5. The arbitrator shall specify the basis for the selection of one final offer over the other.

    6. The arbitrator's determination shall be final and binding, and issued no later than 30 days after the record is closed.

    7. Each party shall be given the opportunity to present its entire case, with the party demanding LOBA proceeding first and the other party second. At the end of the direct testimony, the party demanding LOBA first shall have the option of a closing statement, and the other party shall have the option of the final closing statement. The parties shall have the option of presenting a brief to the arbitrator and/or a factual rebuttal in writing. The brief or rebuttal option shall be chosen by the parties at the conclusion of the hearing, and must be submitted to AAA no later than 15 working days from the close of hearing.

  2. The above agreement is limited in scope to disputes regarding parking fee negotiations, and shall not be extended to other disputes, unless mutually agreed by the parties.

  3. The arbitrator shall take the AAA oath, and shall place witnesses, if any, under oath.

  4. Commencing with the first hearing date, the entire process shall take no longer than 60 calendar days.

For the State:

Joseph M. Bress
Director
Governor's Office of Employee Relations
Date: May 12, 1993

For PEF:

Howard A. Shafer
President
The Public Employees Federation, AFL-CIO
Date: May 12, 1993

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will confirm an agreement on behalf of the State and PEF in the negotiations for the 2003-2007 Agreement concerning fee increases for State Fire Instructors.

Notwithstanding the provisions of Article 7.11 of the 2003-2007 Agreement, the provisions for percentage increases in salary over the term of the Agreement will apply to fee schedules currently in effect for the Fire Instructors who are employed by the Department of State.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:
Roger E. Benson
President

MEMORANDUM OF UNDERSTANDING
concerning
DOMESTIC PARTNERSHIP

This Memorandum of Understanding between the Governor's Office of Employee Relations (GOER) and the Public Employees Federation (PEF) provides for the continuation of the current New York State Health Insurance Plan (NYSHIP) dependent eligibility criteria utilizing the eligibility/certification requirements described below to include eligibility for the domestic partners of PEF represented State employees effective 30 days after the execution of the 1995-99 collective bargaining agreement or as soon as practicable thereafter.

Definition:

Certification:

For the State:

Theodore D. Chrimes III

Date: October 2, 1995

For PEF:

Philip DelPiano

Date: October 2, 1995

January 10, 2005

Mr. Roger Scales
Director of Labor Relations
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Scales:

This will continue and confirm the understanding reached during the course of negotiations of the 1995-99 State/PEF Agreement on the subject of the eligibility for extension of health insurance coverage to the domestic partners of PEF-represented State employees.

The Memorandum of Understanding between the State and PEF that outlines the eligibility/certification requirements for domestic partners under the New York State Health Insurance Program (NYSHIP) contains the following language:

"If employees fraudulently enroll or continue coverage as domestic partners, they shall be held financially and legally responsible for any benefits paid from the NYSHIP to the domestic partner and may be subject to disciplinary action. Further, any such employee shall forfeit eligibility for future domestic partner coverage."

The above provision regarding the forfeiture of eligibility for future domestic partner coverage shall be implemented consistent with the established principles of due process contained in 4 NYCRR 73.2(e) which provides that the employee shall receive a written statement of the reasons for disqualification and be afforded an opportunity to make explanation and submit facts in opposition to such action.

Please signify your concur rence with the above stated clarification by signing below.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger Scales
Director of Labor Relations

MEMORANDUM OF UNDERSTANDING
New York State Governor's Office of Employee Relations and
The Public Employees Federation, AFL-CIO
concerning
LEAVE DONATION/EXCHANGE PROGRAM

The State agrees to continue the Leave Donation/Exchange Program providing for the donation of annual leave credits to employees absent due to long-term personal illness. The intent of this program is to assist such employees who, because of long term illness, have exhausted their accrued leave credits and are subject to a severe loss of income during a continuing absence from work. This appendix extends the current provisions of the Leave Donation Program. However, provisions governing donation of leave credits across agency lines by employees other than family members shall be a pilot program that ends on April 1, 2007 unless the parties mutually agree to extend such provisions beyond that date.

John Currier
Executive Deputy Director
Governor's Office of Employee Relations
 
Date: January 10, 2005		 Roger E. Benson
President
Public Employees Federation, AFL-CIO
 
Date: January 10, 2005

January 10, 2005

Walter J. Pellegrini, Esq.
General Counsel
Governor's Office of Employee Relations
2 Empire State Plaza, Suite 1201
Albany, New York 12223

RE: PEF/State Article 7 (Performance Awards)

Dear Mr. Pellegrini:

This will confirm and continue the agreement of the parties reached during negotiations for the 1995-99 Agreement between PEF and the State.

As you know, during the course of negotiations for the 1991-95 Agreement, a dispute arose as to whether Article 7 performance awards were continued under Civil Service Law 209-a.1(e). This dispute led to PEF's filing of an improper practice charge at PERB. That charge was not yet resolved at the time the parties concluded negotiations for the 1991-95 Agreement. Since the parties had not resolved their dispute as to the proper interpretation of Article 7 (Performance Awards), they agreed to disagree on this issue, as reflected in your letter of June 3, 1993.

At the conclusion of negotiations for the 2003-2007 Agreement, the parties agreed to resolve this dispute as to employees who are currently eligible for performance awards or who will become eligible for performance awards on or before April 1, 2007. As to such employees, in the event of an impasse in negotiating a successor agreement to the 2003-2007 PS&T Unit Collective Bargaining Agreement, employees who are eligible for a performance award lump sum payment in April 2007 shall remain eligible to receive subsequent performance award lump sum payments in each succeeding April, at the same rate received in April 2007, until a successor agreement is negotiated.

As to any employee not yet eligible for a performance award lump sum payment in April 2007, who becomes eligible for the first time after April 1, 2007, the parties again "agree to disagree" in the event of an impasse in negotiating a successor agreement to the 2003-2007 Agreement.

Sincerely,

William P. Seamon
General Counsel

Countersigned for GOER

Walter J. Pellegrini
General Counsel

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter continues and confirms the mutual understandings which were reached by the parties concerning electronic communications during negotiations of the 1999-2003 Collective Bargaining Agreement between the State and the Public Employees Federation.

  1. An agency, department or facility may enter into labor/management agreements consistent with Article 4, Employee Organization Rights, and Article 24, Labor/Management Committees Process, for the following purposes:

    1. to permit union access to an electronic bulletin board under the terms set forth in 2(a) below; and/or

    2. to permit union use of e-mail for labor/management purposes under the terms set forth in 2(b) below.

  2.  

    1. Electronic Bulletin Boards: A labor/management agreement concerning union access to an electronic bulletin board must comply with the provisions of Article 4.3(a), Bulletin Boards.

    2. E-mail for Labor/Management Purposes: A labor/management agreement on the use of an agency's, department's or facility's e-mail system by union representatives must be consistent with the agency's e-mail policy. The labor/management agreement may permit use by union representative(s) for the following purposes:

      1. to communicate with management and/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. to communicate with members regarding labor/management agendas and minutes.

  3. Other access by the union or its representatives to electronic resources, such as e-mail 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,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

The parties agree that prior to the expiration of this agreement, a Cost of Living Adjustment Study will be undertaken to examine issues related to employees working in locations where the cost of living exceeds the national average.

In order to accomplish its mission, a Labor/Management Study Group shall collect and analyze information including, but not limited to:

The results of the study shall be forwarded to the Director of the Governor's Office of Employee Relations and the President of PEF no later than April 1, 2007.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations
 
Date: January 10, 2005		 Roger E. Benson
President
Public Employees Federation, AFL-CIO
 
Date: January 10, 2005

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road,
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will confirm our understanding reached during the course of negotiations of the 2003-2007 Agreement on the subject of a pre-tax transportation benefit pursuant to Internal Revenue Code, 26 U.S.C. §132 and related regulations. Such a benefit provides employees an opportunity to pay for expenses incurred in commuting between work and home.

Having previously agreed that such a benefit may indeed be beneficial to employees throughout the State of New York, the State in 2002 conducted a review of the feasibility of implementing a pre-tax salary deduction program for transportation costs, eligible parking expenses, and employee paid transit passes/cards in any eligible geographic area of the State.

The State has agreed, as a result, to conduct a limited one-year transit benefit pilot program for all PS&T Unit employees in the New York City metropolitan area. Based on a favorable outcome of that pilot program, the State further agrees to discuss its expansion to include other transportation benefits covered by the Code and to include employees in other geographic areas of the State.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President
Public Employees Federation

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to continue and confirm our agreement, reached during the negotiations of the 1999-2003 Agreement, on the following modification to the Disabled Lives Reserve:

Effective October 1, 2000, the requirement for enrollees who are totally disabled on the date coverage ends will be reduced to 90 days under both the Empire Plan Medical and Mental Health/Substance Abuse Programs. Any individual already receiving benefits prior to October 1, 2000 will be covered under the current 18 month Disabled Lives provision for the Empire Plan Medical and Mental Health/Substance Abuse Programs.

Please sign below to indicate your agreement with the modification as presented above.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to continue and confirm our agreement, reached during the negotiations of the 1999-2003 Agreement, regarding the following modifications to the Empire Plan Benefits Management Program:

  1. Effective on the above date, or as soon as practicable thereafter, Medical Case Management (MCM) will be provided by the Home Care Advocacy Program (HCAP) except in those instances where the patient is being transferred from an acute hospital setting to a "step down" or rehabilitation facility. In those cases, MCM will be managed by the hospital carrier.

  2. Effective on the above date, or as soon as practicable thereafter, the Prospective Procedure Review (PPR) will be transferred to the Empire Plan Medical Carrier. In addition, effective October 1, 2000 or as soon as practicable thereafter, the PPR penalty will apply to designated services regardless of the setting (i.e., hospital outpatient, free-standing facility or physician's office).

  3. Effective as soon as practicable, the hospital pre-admission, concurrent review and discharge planning of inpatient hospital admissions will be performed by the hospital carrier.

  4. Effective October 1, 2000, or as soon as practicable thereafter, pre-admission certification and concurrent review will be required for all Skilled Nursing Facility (SNF) admissions. Effective as soon as practicable thereafter, the SNF pre-admission and concurrent review will be performed by the hospital carrier.

Please review the above list and sign below to indicate your agreement.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This is to continue and confirm our agreement, reached during the negotiations of the 1999-2003 Agreement, regarding Article 9, Section 9.25 of the Agreement.

Section 9.25 provides Vision Care Plan benefits to eligible PS&T Unit employees and their dependents. In addition to those benefits, effective October 1, 2000, the Vision Care Plan administrator will make available to covered enrollees the following non-plan frames, lenses or services from participating providers at a discounted cost:

Premier Frames
Photosensitive Lenses Single Vision (Plastic)
Photosensitive Lenses Multi Vision (Plastic)
Reflection Free Coating
Progressive Addition Lenses
Blended Invisible Bifocals
Polycarbonate Lenses (for adult enrollees)
Polaroid Lenses
High Index Lenses
Scratch Protective Coating

There will be no additional cost to the State for these non-plan frames, lenses or services. Please review the above list and sign below to indicate your agreement.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

MEMORANDUM OF AGREEMENT
between
Governor's Office of Employee Relations and
Public Employees Federation, AFL-CIO

SUBJECT: Telecommuting in New York State Agencies

INTRODUCTION
Advances in technology in the workplace have led to the exploration of determining how best to utilize these advances to diminish air pollution and highway congestion created through commuting. Two recent New York State statutes, the New York State Clean Air Compliance Act of 1993 and the State Telecommuting Act of 1993, identify "telecommuting" as one of a number of alternative methods for achieving a reduction in the number of single-occupant vehicles traveling to the worksite. Studies have also shown that implementation of telecommuting programs has increased the ability of the employer to attract and retain valuable employees and improve productivity.

The Public Employees Federation (PEF) and the Governor's Office of Employee Relations (GOER) support and encourage this exploration of advanced technology in the workplace through telecommuting projects. Because of the work force and workplace ramifications, PEF and GOER believe that telecommuting programs should be developed in the agency labor/management process, within the context of the principles detailed in this Memorandum of Agreement.

The following is an Agreement reached between the State of New York Governor's Office of Employee Relations and the Public Employees Federation on telecommuting. Its purpose is to:

  1. support development and implementation of telecommuting programs to address both environmental and worklife concerns; and,

  2. establish bilateral guidelines designed to protect the rights of employees involved in telecommuting projects and offer managers the necessary flexibility to operate a successful telecommuting program.

TERMS OF AGREEMENT

  1. Representation

    • No permanent employee will be laid off solely and only as a direct result of their or their agency's participation in a telecommuting project.

    • While an agency is free to determine if and where telecommuting is programmatically desirable, the specifics related to employee involvement in the telecommuting program must be developed in the agency labor/management forum.

    • This agreement does not waive any rights PEF has under the Taylor Law or any applicable statutes to negotiate over terms and conditions of employment.

  2. Administrative/Programmatic Issues

    • Employee participation in a "telecommuting" project is voluntary.

    • Telecommuting is defined as a formal, working arrangement of specified duration which designates a specific number of days per workweek or payroll period that employees will work from their home or other alternate site.

    • A range of tasks and functions might be considered appropriate for telecommuting (e.g., reading, report writing, etc.). Equipment, supply needs, and the responsibilities of both the employee and the employer should be specified within the parameters of the telecommuting program.

    • Objective, consistently applied employee selection criteria based on operating needs and employee interests will be utilized. Generally, open application of volunteers in all suitable job titles should be allowed. Agencies are encouraged to establish a review process, beyond the supervisor level, for employees who volunteer and are denied. An employee not selected will be made aware of reasons for non-selection.

    • A procedure for the employee's withdrawal from the telecommuting program will be established by mutual agreement between PEF and the agency. A recommended standard is a 30-day notice by either the employee or the agency unless there is a mutual agreement on a shorter period or if an emergency exists.

    • Telecommuting assignments should be consistent with the employee's normal workday, job duties, and responsibilities, and should be clarified with the employee prior to commencement of the telecommuting assignment. The Public Employees Federation and the agency should jointly monitor the program.

    • Appropriate transitional training for both the telecommuting employee and their supervisor should be provided to assist in the transition to partial off-site work. This training should include, but not be limited to, potential increased or reduced employee cost resulting from telecommuting. The union must be offered an opportunity to review training curriculum and may attend during general presentations.

    • Agencies, to the greatest extent possible, should allow flexibility in the employees choice of which days to telecommute. However, no more than four (4) days in any payroll period should be telecommuting days under normal circumstances.

  3. Conditions of Employment

    • All current law, rule, regulation, and contract provisions remain in effect for those employees who volunteer to participate in a telecommuting project, except as they may be modified by written agreement between GOER and PEF.

    • Telecommuting should not be considered as a substitute for child or elder care nor should an agency mandate or monitor such arrangements. Employees are expected to make such arrangements for child or elder care, so as not to adversely impact telecommuting workflow and productivity.

    • Reasons for and notice of access to the employee's home worksite must be discussed and developed in the labor/management forum. Participating employees must be made aware of such arrangements prior to beginning a telecommuting assignment.

    • Injuries occurring while the employee is working at home, whether on State equipment or employee-owned equipment, should be considered work-related injuries subject to concur rence by the Workers' Compensation Board and the State Insurance Fund.

  4. Fiscal Impact on Employees

    • Employees are responsible for safeguarding State equipment. Employee's liability for State equipment damaged or stolen in/from the employee's home will be determined by investigations of the circumstances of the damage or theft. In each case, PEF will be notified of such investigations. Employees will not incur any financial liability unless found to be negligent; however, no disciplinary action will result from such a finding.

    • All current overtime provisions remain applicable for employees volunteering to telecommute. If allowed, a telecommuting employee can only work overtime that has been properly authorized by an appropriate agent of the appointing authority.

  5. Grievability

    • Any dispute arising from the interpretation of this Agreement may be submitted through Step Three of the State/PEF grievance process. However, those sections or phrases hereof that are set in italic print and underlined may proceed through Step Four of the grievance process in accordance with the provisions of Article 34 of the State/PEF Agreement.

    • The term "developed," as used in this Memorandum of Agreement, is meant to be read in the context of the meet and confer labor/management process.

  6. Duration

    • At the request of either party, this Agreement shall be subject to review and can be amended upon mutual agreement.

For the State:
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
 
Date: January 10, 2005		 For PEF:
 
Roger E. Benson
President
Public Employees Federation
 
Date: January 10, 2005

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

The following confirms the understanding reached by the parties during negotiation of the 2003-2007 Agreement with respect to extraordinary circumstances:

During the term of this Agreement, the Director of the Governor's Office of Employee Relations and the President of the Public Employees Federation, or their designees, shall meet in Executive Labor/Management to discuss the issue of State policy on extraordinary circumstances.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger L. Scales
Director of Labor Relations
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Scales:

This will continue and confirm our mutual understanding with respect to the use of electronic recognition systems reached during negotiations of the 1999-2003 Agreement.

Electronic recognition systems may be used for operational and programmatic purposes, including but not limited to improving health and safety at State work locations. Use of such systems for operational and programmatic purposes does not violate Article 12.17 of this Agreement. The State affirms that data from such electronic recognition systems will not be used for any time and attendance purposes.

The parties recognize that, due to emerging technology, there may come a time when current methods of maintaining time records could be replaced by electronic recognition systems. During the course of negotiations, issues were raised regarding the use of such electronic recognition systems for purposes related to maintenance of time records under Article 12.17. These issues are of such significant concern that review at the Executive level is required. During the last two years of the 1999-2003 Agreement, the Director of the Governor's Office of Employee Relations and the President of the Public Employees Federation or their designees shall meet for such a review.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger L. Scales
Director of Labor Relations

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
Public Employees Federation, AFL-CIO
concerning
PRODUCTIVITY ENHANCEMENT PROGRAM

This Memorandum of Understanding is entered into by the State of New York (hereinafter "the State") and the Public Employees Federation, AFL-CIO (hereinafter "the Union"), representing employees in the Professional, Scientific & Technical Services Unit.

The State and the Union hereby agree to implement a Productivity Enhancement Program, which shall be governed by the following provisions:

  1. The Productivity Enhancement Program (PEP) allows eligible employees to exchange previously accrued annual leave (vacation) and/or personal leave in return for a credit to be applied toward their employee share of NYSHIP premiums on a biweekly basis. In no case can the credit available under the program be applied to the employer share of NYSHIP premiums.

  2. The program will be available for the entire calendar year in 2005, 2006 and 2007. Full-time employees who enroll in the program in any of these years will forfeit a total of 3 days of annual and/or personal leave standing to their credit at the time of enrollment in return for a credit of up to $400 to be applied toward the employee share of NYSHIP premiums deducted from biweekly paychecks in that year. During each of these years the credit will be divided evenly among the State paydays that fall between January 1 and December 31.

    The enrollment period for each of these program years will be conducted during the month of October immediately preceding that year.

  3. The program will be available to eligible part-time employees on a prorated basis.

  4. In order to enroll an employee must:

    • Be a classified or unclassified service employee in a title below Salary Grade 18 or equated to a position below Salary Grade 18;
    • Be an employee covered by the 2003-07 New York State/PEF Collective Bargaining Agreement;
    • Have a sufficient leave balance to make the full leave forfeiture at the time of enrollment without bringing their combined annual and personal leave balances below 8 days; and
    • Be a NYSHIP enrollee and contract holder in either the Empire Plan or an HMO at the time of enrollment.

    Once enrolled, employees continue to participate unless they separate from State service or cease to be NYSHIP contract holders. Leave forfeited in association with this program will not be returned, in whole or in part, to employees who cease to be eligible for participation in the program.

  5. Employees must submit a separate enrollment form for each program year in which they wish to participate.

  6. During any calendar year in which an employee participates, the credit established upon enrollment in the program will be adjusted only if the employee moves between individual and family coverage under NYSHIP during that calendar year.

  7. Disputes arising from this program are not subject to the grievance procedures contained in the 2003-07 State/PEF collective bargaining agreement.

  8. The program will end on December 31, 2007 unless renewed by mutual agreement of the parties.

For the State:
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
 
Date: January 10, 2005		 For the Union:
 
Roger E. Benson
President
Public Employees Federation
 
Date: January 10, 2005

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
Public Employees Federation, AFL-CIO
concerning
TEACHERS' PRODUCTIVITY ENHANCEMENT PROGRAM

This Memorandum of Understanding is entered into by the State of New York (hereinafter "the State") and the Public Employees Federation, AFL-CIO (hereinafter "the Union"), representing employees in the Professional, Scientific & Technical Services Unit.

The State and the Union hereby agree to implement a Productivity Enhancement Program for teachers in State institutions as defined in Section 136 of the Civil Service Law. This program shall be governed by the following provisions:

  1. The Productivity Enhancement Program (PEP) allows eligible employees to exchange previously accrued personal leave in return for a credit to be applied toward their employee share of NYSHIP premiums on a biweekly basis. In no case can the credit available under the program be applied to the emplo yer share of NYSHIP premiums.

  2. The program will be available for the entire calendar year in 2005, 2006 and 2007. Full-time employees who enroll in the program in any of these years will forfeit 1, 2, or 3 days of personal leave standing to their credit at the time of enrollment in return for a credit to be applied toward the employee share of NYSHIP premiums deducted from biweekly paychecks in that year. In each year that the program is available, this credit will be worth up to $133.33 per day of personal leave forfeited for that program year. During each of these years the credit will be divided evenly among the State paydays that fall between January 1 and December 31.

    The enrollment period for each of these program years will be conducted during the month of October immediately preceding that year.

  3. The program will be a vailable to eligible part-time employees on a prorated basis.

  4. In order to enroll an employee must:

    • Be a classified or unclassified service employee in a title below Salary Grade 18 or equated to a position below Salary Grade 18;
    • Be an employee covered by the 2003-07 New York State/PEF Collective Bargaining Agreement; and
    • Be a NYSHIP enrollee and contract holder in either the Empire Plan or an HMO at the time of enrollment.

    Once enrolled, employees continue to participate unless they separate from State service or cease to be NYSHIP contract holders. Leave forfeited in association with this program will not be returned, in whole or in part, to employees who cease to be eligible for participation in the program.

  5. Employees must submit a separate enrollment form for each program year in which they wish to participate.

  6. During any calendar year in which an employee participates, the credit established upon enrollment in the program will be adjusted only if the employee moves between individual and family coverage under NYSHIP during that calendar year.

  7. Disputes arising from this program are not subject to the grievance procedures contained in the 2003-07 State/PEF collective bargaining agreement.

  8. The program will end on December 31, 2007 unless renewed by mutual agreement of the parties.

For the State:
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
 
Date: January 10, 2005		 For the Union:
 
Roger E. Benson
President
Public Employees Federation
 
Date: January 10, 2005

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter continues and confirms the understanding of the parties reached during the negotiation of Article 17, Out of Title Work and Article 34, Grievance Procedure, of the 1999-2003 State/PEF Agreement.

The parties agreed that during the life of this Agreement, we will jointly study and discuss the administration of the Article 17 and the Article 34 grievance processes. This endeavor will be designed to identify areas where delays exist that may be expedited either through development and implementation of more efficient administrative procedures during the life of this Agreement, or through possible changes to contract language during the next round of negotiations.

Areas to be addressed shall include, but are not necessarily limited to:

  1. Tracking the amount of time agencies take to process grievances, in particular, the time to issue Article 17 Step Two decisions;

  2. Developing updated grievance forms for use in the Article 17 and Article 34 grievance processes; and,

  3. Identifying administrative efficiencies in the grievance processes.

Please confirm that this letter accurately sets forth our understandings on this subject by countersigning below.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will continue and confirm our understanding reached during the course of negotiations of the 1999-2003 State/PEF Agreement, on the subject of Institution Teachers.

  1. Sick Leave Accrual Rate
    Full-time teachers shall be guaranteed the opportunity to earn sick leave at an amount equivalent to that which could be earned in 22 pay periods. This is a guaranteed opportunity to earn the above stated amount of sick leave, not a guarantee that an employee will actually earn that amount. An employee will still have to meet the eligibility requirements to earn sick leave each pay period. Mechanically, this would be accomplished by an employee continuing to earn sick leave at his/her current sick leave accrual rate with an annual adjustment on the employee's anniversary date.

  2. Nothing in Article 26 or this side letter shall change the September 1-June 30 school year.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P. O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

The following confirms the understandings reached during the course of negotiations of the 2003-2007 Agreement on the Leave Adjustment Pilot Program available to eligible part-time annual salaried employees scheduled to work additional hours beyond their payroll percentage. Agencies must set up a procedure to review time records to provide the negotiated benefit described below.

Term of Pilot
The pilot will begin with pay period 14 in fiscal year 2004-2005 and will end immediately following pay period 26 of fiscal year 2006- 2007 unless the parties agree, in writing, to extend the pilot.

Eligibility
The provisions of this Program apply to eligible part-time annual salaried employees scheduled to work hours in excess of their payroll percentage.

In order to participate in this Program, part-time annual salaried employees must be employed to work a schedule equated to their payroll percentage which entitles them to earn leave credits under the Attendance Rules (either five days per week or at least half-time per biweekly pay period), not including the additional time worked above their payroll percentage.

"Employed to work a schedule" that entitles the employee to earn leave credits under the Attendance Rules means that the schedule assigned to the employee qualifies for the earning of leave credits under the Attendance Rules. The employee need not actually work that schedule each pay period in order to remain eligible. The employee may be on paid or unpaid leave from a qualifying schedule.

The additional time worked cannot be counted to qualify an otherwise ineligible employee to earn leave credits under the Attendance Rules. Leave credits can be granted for additional time worked only as described in this Program to part-time annual salaried employees already eligible to earn leave credits under the Attendance Rules for their work schedule equated to their payroll percentage.

For example, an employee with a payroll percentage of 40% and corresponding work schedule of four days per pay period cannot participate in the Program even though the employee works additional time for a fifth day each pay period because the employee's work schedule based on his/her payroll percentage is not a qualifying schedule. On the other hand, an employee with a payroll percentage of 50% earns leave credits under the Attendance Rules based on the work schedule corresponding to his/her payroll percentage and is eligible to be granted vacation, sick leave and personal leave adjustment credits for additional time worked beyond his/her 50% schedule under this Program.

Participating employees are not eligible to be credited under this Program for additional hours worked in excess of the normal 37.5 or 40-hour workweek.

Vacation and Sick Leave

  1. Agencies must review the additional time worked by eligible part-time annual salaried employees twice a year, for payrolls 1-13 and for payrolls 14-26. Additional vacation and sick leave will be credited within 60 days after the end of payroll period 13 and within 60 days after the end of payroll period 26.

    The provisions providing for additional vacation and sick leave shall apply to additional hours worked beginning in pay period 14 of fiscal year 2004-2005. The first crediting at this rate will occur within a 60-day period following the end of pay period 26 of fiscal year 2004-2005.

  2. Agencies must credit eligible employees with vacation and sick leave adjustment credits proportional to the additional hours worked during the 13 pay periods under review.

    Sick Leave Adjustment Credits
    An employee must have worked a minimum of five (5) hours of additional time above the number of hours equated to his/her payroll percentage to earn an additional one-quarter (1/4) hour of sick leave. Eligible employees are credited with one-quarter (1/4) hour of sick leave for every five (5) hours of additional time worked during the thirteen pay periods under review. For this purpose, time worked includes time charged to leave credits (see (3) below).

    Vacation Adjustment Credits for Employees Who Accrue at the Thirteen-Day Rate
    An employee who earns vacation at the 13-day rate must have worked a minimum of five (5) hours of additional time above the number of hours equated to his/her payroll percentage to earn an additional one-quarter (1/4) hour of vacation. Eligible employees are credited with one-quarter (1/4) hour of vacation for every five (5) hours of additional time worked during the thirteen pay periods under review. For this purpose, time worked includes time charged to leave credits (see (3) below).

    Vacation Adjustment Credits for Employees Who Accrue at the Twenty-Day Rate
    An employee who earns vacation at the 20-day rate must have worked a minimum of three and one quarter (3.25) hours of additional time above the number of hours equated to his/her payroll percentage to earn an additional one-quarter (1/4) hour of vacation. Eligible employees are credited with one-quarter (1/4) hour of vacation for every three and one quarter (3.25) hours of additional time worked during the thirteen pay periods under review. For this purpose , time worked includes time charged to leave credits (see (3) below).

    When an employee's seventh anniversary date falls during the 13 pay periods under review, the employee will be credited with vacation adjustment credits at the 13-day rate for those 13 pay periods and thereafter will be credited with vacation adjustment credits at the 20- day rate.

    Some examples follow:

    A.1. During payroll periods 1-13 of 2005, a half-time PS&T unit employee with three years of creditable service works a total of 80 hours beyond her normal half-time schedule . This employee would be credited with an additional four (4) hours of vacation and four (4) hours of sick leave within 60 days after payroll period 13. (80 hours of additional time worked divided by 5 hours = 16 five-hour segments multiplied by .25 hour credited for each 5 hours of additional time worked = four (4) hours of additional vacation and four (4) hours of additional sick leave.)

    A.2. During payroll periods 14-26 of 2005, this employee works 155 hours above her payroll percentage and earns 7.75 hours of additional vacation and 7.75 hours of additional sick leave. (155 hours divided by 5 hours = 31 five-hour segments multiplied by .25 hour credited for each 5 hours of additional time worked = 7.75 hours of additional vacation and 7.75 hours of additional sick leave credit.)

    B.1. During payroll periods 1-13 of 2005, a half-time PS&T unit employee with ten years of creditable service works a total of 80 hours beyond her normal half-time schedule. This employee would be credited with an additional six and one quarter (6.25) hours of vacation and four (4) hours of sick leave within 60 days after payroll period 13. The vacation is calculated as follows: 80 hours of additional time worked divided by 3.25 hours = 24.62 three and one-quarter hour segments multiplied by .25 hour credited for each 3.25 hours of additional time worked = 6.15 hours. Rounding to the nearest quarter hour, the employee receives 6.25 hours of additional vacation. The sick leave is calculated as described in example A.1 above.

    B.2. During payroll periods 14-26 of 2005, this employee works 155 hours above her payroll percentage and earns 12 hours of additional vacation and 7.75 hours of additional sick leave. The vacation is calculated as follows: 155 hours divided by 3.25 hours = 47.69 three and one quarter hour segments multiplied by .25 hour credited for each 3.25 hours of additional time worked = 11.92 hours. Rounding to the nearest quarter hour, the employee receives 12 hours of additional vacation. The sick leave is calculated as described in example A.2. above.

  3. Employees must charge accruals on the basis of the total number of hours the employee is scheduled to work on a given day, beginning with the first day following the payroll period in which the employee is first credited with additional vacation and sick leave under this Program. Until the first time the employee is credited with additional vacation and sick leave, the employee who takes a day off charges credits only to cover the normal schedule corresponding to the payroll percent and not to cover any additional scheduled hours. The employee simply does not receive pay for those additional hours. Beginning with the pay period after being credited for the first time with additional vacation and sick leave, the employee is required to charge credits for all scheduled hours on a given day, including any additional scheduled hours, and therefore receives pay for those additional hours.

    For example, a 50 percent employee on the administrative payroll cycle who works 20 hours per week, four hours per day, begins working additional time for the first time in pay period 1 in fiscal year 2005-2006. On November 1, 2005, the employee takes a day of sick leave, charges 4 hours to cover his normal schedule, and receives 4 hours pay for the day even though he was scheduled to work additional time on that day. On November 2, 2005, the last day of a pay period, the employee is credited for the first time with additional vacation and sick leave under this Program for pay periods 1 through 13. On November 4, 2005, the employee takes a day of vacation. His work schedule on that day is 8 hours, including 4 hours of additional time. He is required to charge 8 hours to cover his full schedule, and receives 8 hours pay for the day.

  4. Vacation and sick leave adjustment credits must be added to the employee's regular vacation and sick leave balances. Employees continue to be subject to a prorated sick leave maximum, and to a prorated vacation maximum on April 1 of each year, based on their payroll percentage. Employees who separate from State service receive a lump sum payment for unused vacation of up to 30 prorated days based on their payroll percentage. Separating employees should be credited as of the date of separation with any additional leave to which they are entitled under this Program so that such leave can be included in the vacation lump sum payment and, for retirees, in the calculation of retirement service credit and the sick leave credit for health insurance in retirement, subject to applicable maximums based on the employee's payroll percentage.

Personal Leave

  1. Agencies must review the additional time worked by eligible part-time annual salaried employees once a year. Employees who work additional time will be credited with personal leave adjustment credit once a year on the personal leave adjustment date. The personal leave adjustment date will not change if the employee is not in pay status on that date. The first personal leave adjustment date will be May 30, 2005 for the six month period October 1, 2004 through March 31, 2005. The personal leave adjustment for the period April 1, 2005 through March 31, 2006 will be credited on May 30, 2006. The personal leave adjustment for the period April 1, 2006 through March 31, 2007 will be credited on May 30, 2007.

  2. Agencies must credit eligible employees with personal leave adjustment credits proportional to the number of additional hours worked during the 26 pay periods under review. An employee must have worked a minimum of 13 hours of additional time above the number of hours equated to his/her payroll percentage to earn an additional one-quarter (1/4) hour of personal leave. Eligible employees are credited with one-quarter (1/4) hour of personal leave for every 13 hours of additional time worked during the 26 pay periods under review. For this purpose, time worked includes time charged to leave credits

    For example, during the period April 1, 2005 through March 31, 2006, a PS&T unit employee works a total of 235 hours beyond her payroll percentage and earns 4.50 hours of personal leave adjustment time. (235 hours of additional time worked divided by 13 hours = 18.08 13-hour segments multiplied by .25 hour credited for each 13 hours of additional time worked = 4.52 hours. Rounding to the nearest quarter hour, the employee received 4.50 hours of personal leave adjustment credit.)

  3. Employees must charge accruals on the basis of the total number of hours the employee is scheduled to work on a given day beginning with the first day following the pay period in which the employee is first credited with additional vacation and sick leave credits under this Program (see Vacation and Sick Leave (3) above.)

  4. Personal leave adjustment credits accrued as a result of additional time worked will be kept in a separate leave category called "Personal Leave Adjustment."

  5. An employee will have 12 months from the personal leave adjustment date to use personal leave adjustment credits. Unused leave will lapse at close of business on the day prior to the personal leave adjustment date.

  6. If the payroll percentage of an eligible employee changes (i.e., 50% to 75%, 50% to 100%, etc.) the employee's unused regular personal leave balance will be converted to days based on the new percentage. Personal leave adjustment time will not be carried forward.

Additional Issues
Agencies or facilities may develop procedures in local labor/management regarding access during the 60-day recording period, in cases of special need for leave, to vacation, sick leave and personal leave adjustment credits earned but not yet recorded.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter confirms the mutual understandings reached during negotiation of the 2003-2007 Agreement between the State of New York and the Public Employees Federation regarding the Family Benefits Program. Funding allocations shall be initially established as follows:

  1. Seventy percent of the funds allocated in each year of the Agreement pursuant to Section 42.8 shall be set aside for the employer contribution to the DCAA Account. In no event shall the aggregate employer contribution exceed the amounts provided for this purpose.

  2. Twenty-five percent of the funds allocated in each year of the Agreement pursuant to Section 42.8 shall be set aside for the benefit of initiatives recommended by the Work-Life Advisory Board.

  3. Five percent of the funds allocated in each year of the Agreement pursuant to Section 42.8 shall be set aside for the benefit of Network Center support.

Changes to the allocations of these funds may be made as mutually determined by the Director of GOER and the President of PEF or their designees.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter will confirm the understandings of the parties reached during the negotiation of the 2003 - 2007 Agreement between the State of New York and the Public Employees Federation regarding the Employee Assistance Program, the Family Benefits Program and other work-life initiatives.

The parties recognize the mutual benefits of programs designed to assist employees with personal problems that affect their performance on the job and help balance work and family responsibilities. Accordingly, a single multi-union labor/management advisory board shall be established to ensure the coordination of benefits available to employees through the Employee Assistance Program, the Family Benefits Program and other work-life programs mutually agreed to by the parties.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

MEMORANDUM OF UNDERSTANDING
between
The State of New York and
The Public Employees Federation for
TRIAGE AND EXPEDITED ARBITRATION

This Memorandum of Understanding is entered into by the State of New York (hereinafter "the State") and the Public Employees Federation,AFL-CIO (hereinafter "PEF"), representing employees in the Professional, Scientific and Technical Services Unit.

The State and PEF hereby agree to implement a pilot program for triage and expedited arbitration, for a finite term of twenty-four (24) months from appointment of a Select Arbitrator by the parties, in accordance with the terms set forth below. This program will expire twenty-four (24) months from appointment of the Select Arbitrator or on April 1, 2007, whichever occurs sooner, unless renewed by mutual agreement of the parties. Furthermore, the State and PEF confirm that disputes arising from implementation and/or execution of this pilot program are not subject to the grievance procedure contained in Article 34 of the 2003-07 State/PEF collective bargaining agreement.

The pilot program for triage and expedited arbitration shall be governed by the following provisions:

  1. To provide a more expeditious alternative to the traditional grievance and arbitration procedure, there shall be a pilot program for triage and expedited arbitration. All contract grievances appealed to Step 4 shall be heard by a single Select Arbitrator in triage and expedited arbitration. However, each party reserves the right, to be exercised at any time, to have grievances resolved through the traditional grievance and arbitration process.

  2. At triage, the parties shall be represented by staff or counsel who shall have full authority to settle, withdraw, or otherwise resolve the grievance for that party. At triage, the parties may present relevant documents, offers of proof, and/or argument to the Select Arbitrator. However, no testimonial evidence shall be presented at triage.

  3. At triage, following presentations by the parties, the Select Arbitrator shall advise the parties as to whether the grievance should be settled, withdrawn or otherwise resolved or whether it should be pursued to expedited arbitration. If the parties are interested in settlement of the grievance, the Select Arbitrator may explore possible terms for settlement of the grievance with the parties. Upon agreement of the parties, the Select Arbitrator shall also have full authority to issue a decision and a ward based on a stipulated record at triage or a consent award.

  4. If an evidentiary hearing is necessary, the grievance shall be scheduled for expedited arbitration before the Select Arbitrator on the next available hearing date, subject to the availability of witnesses. At triage, the Select Arbitrator shall discuss with the parties and identify the specific issue(s) to be arbitrated and, to the extent possible, the specific witnesses who shall testify at expedited arbitration. Relevant documentary evidence produced at triage and relevant facts not in dispute, as established at triage, shall be included in the record for expedited arbitration.

  5. At expedited arbitration, the Select Arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in dispute. Expedited arbitrations shall not exceed one (1) day except in extraordinary circumstances. Except by agreement of the parties, or in exceptional cases as determined necessary by the Select Arbitrator, no written briefs will be filed. Opening and closing statements will be permitted. The Select Arbitrator shall render a written decision and award no later than two (2) weeks after the close of the record in a hearing.

  6. The Select Arbitrator shall have full authority to resolve all procedural and substantive contractual issues and to fashion an appropriate remedy but shall have no authority to add to, subtract from, or modify the terms or provisions of this Agreement. The Select Arbitrator shall confine the award solely to the application and/or interpretation of this Agreement. All awards of the Select Arbitrator at both triage and expedited arbitration shall be final and binding on the parties in the context of the specific dispute at issue, consistent with the provisions of CPLR Article 75. However, all settlements, withdrawals, consent awards and/or decisions and awards of the Select Arbitrator shall not be precedential in other grievances, unless specifically agreed to by the parties. Furthermore, all decisions and awards of the Select Arbitrator shall not be submitted in any other grievances or arbitrations (including expedited grievances and arbitrations) unless the parties mutually agree otherwise. However, the Select Arbitrator shall take notice of all relevant prior arbitration decisions.

  7. The Select Arbitrator shall allocate four (4) days per month for triage and/or expedited arbitration, unless the parties mutually agree to reduce the total number of days scheduled for triage and expedited arbitration before the Select Arbitrator in a given month. These days shall be allocated between triage and expedited arbitration by agreement of the parties. All fees and expenses of the Select Arbitrator shall be divided equally between the parties.

  8. Nothing herein shall preclude or otherwise limit the parties from discussing and exploring possible settlement of grievances in anticipation of, or as an alternative to, triage.

  9. The parties shall jointly select the Select Arbitrator for triage and expedited arbitration who shall be appointed for a term of one (1) year with an option to renew for the remainder of the pilot. The Select Arbitrator may be removed by either party by notice to the other party at least sixty (60) days prior to the conclusion of his or her term of service. In the event of the removal of the Select Arbitrator, the parties shall mutually select a new Select Arbitrator to serve.

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P. O. Box 12414
Albany, New York 12212-2414

Re:
Long-Term Seasonal Employees
Office of Parks, Recreation and Historic Preservation
Department of Environmental Conservation

Dear Mr. Benson:

This letter confirms the understandings reached by the parties during negotiations of the 2003-2007 State/PEF Agreement regarding Long-Term Seasonal Employees. Long-Term Seasonal Employees are an important component of New York State's workforce. The Office of Parks, Recreation and Historic Preservation and the Department of Environmental Conservation have the largest number of such employees. The following benefits will be extended to the long-term seasonal employees within the Office of Parks, Recreation and Historic Preservation and the Department of Environmental Conservation.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P. O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will confirm our understanding reached during negotiation of the 2003-2007 Agreement regarding the Committee on Seasonals.

The State and the Public Employees Federation will establish a Committee to review the current State practice of employing seasonal employees. The Committee will include representatives from the Governor's Office of Employee Relations, the New York State Department of Civil Service, the Public Employees Federation, the Division of the Budget and agencies that employ seasonal employees, including, but not limited to: the Office of Parks, Recreation and Historic Preservation and the Department of Environmental Conservation.

The Committee will thoroughly examine the nature of the appointments and the related employment issues and report back to the parties before the expiration of the 2003-2007 Agreement with recommendations for either contractual, regulatory or statutory actions if and where applicable.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P. O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This will confirm our understanding reached during negotiation of the 2003-2007 Agreement regarding the Special Assignment to Duty Pay Pilot Program.

This pilot program will end on April 1, 2007 unless continued by mutual agreement of the parties.

State agencies administer comprehensive Employee Safety and Health Programs to assure to the best of their ability, the safety and health of all New York State employees. Risk assessment and reduction are key elements of these programs, and have proven historically successful in minimizing employee injuries. However, there are certain assignments and/or locations, which present inherent vulnerability to employees that are unavoidable, despite the best efforts of State agencies to eliminate or minimize the risk associated with such assignments/locations. During the initial analysis it was determined that principal among these is proximity to live vehicular traffic on Highway Rights-Of-Way. To compensate for this unavoidable fact, agencies that have these concerns in delivery of their core missions will be provided compensation that will recognize these inherent occupation-related exposures.

Duty Assignments

Highway Rights-of-Way are intended to include all Interstate Routes within New York State (NYS), all NYS highway routes, and all NYS parkway systems. At this time, the following assignments constitute an exposure to inherent danger by virtue of unavoidable proximity to vehicular traffic within the Highway Right-of-Way (ROW). The list is not intended to be all-inclusive or exclusive:

  1. Highway infrastructure (roads/bridges): maintenance, repair, replacement, new construction, construction inspection, and bridge inspection
  2. Truck inspection
  3. Traffic monitoring
  4. Pavement and soil testing
  5. Culvert inspection
  6. Survey operations

Assignments that exclusively require operation of a motor vehicle (driving) are not eligible for Special Assignment to Duty Pay unless it is integral to assignments described above that are conducted within the Highway ROW. In addition, commuting to and from the work location/project site is not eligible for Special Assignment to Duty Pay.

Benefit

Employees who routinely work in the duty assignments outlined above at least 50% or more of time actually worked in a calendar year are eligible for an annual lump sum payment of $500. Such payment will be made in the last pay period in the Fiscal Year beginning with Fiscal Year 2005-06 following the calendar year in which the assignment was performed. Assignment to such duties is the sole prerogative of management in accordance with present policies and procedures.

This benefit will not be paid if during the eligibility period, 1) an employee is formally disciplined for either violations of safety rules or policies or for conduct relating to an unsafe act or, 2) an employee fails to meet expectations regarding a safety-related standard as part of the routine performance evaluation program.

For purposes of this section, an employee is deemed to have been formally disciplined for the specified reasons if any of the following conditions occurred: a Notice of Discipline was settled within 12 months of the date of payment, or the employee has been found guilty of the Notice of Discipline within 12 months of the date of payment. It does not include Notices of Discipline regarding anything other than the subject matter specified above, nor any dismissed by an arbitrator or withdrawn by the appointing authority. In addition, unsatisfactory performance ratings, which are reversed on appeal, will require payment of the benefit.

This pilot program is not subject to the grievance procedure.

Qualifying Process

At the conclusion of the calendar year, management will produce documentation to support which employees are qualified for this benefit. Employees determined by management to be qualified for this benefit will be notified in writing by management no later than 45 days following the conclusion of the calendar year . Any employee determined not qualified may request, in writing, and will receive, in writing, an explanation of the reasons for such determination and the basis for this determination. Any relevant information submitted by employees challenging their exclusion will be considered by management if such information is submitted no later than March 15, or 14 days after receipt of management's written explanation for the exclusion, whichever is later. A final determination will be made by management within 45 days following receipt of the information from employees. This qualifying process and any subsequent review is not grievable.

Sincerely,

John Currier
Executive Deputy Director
Governor's Office of Employee Relations

Countersigned for PEF:

Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson, President
Public Employees Federation,AFL-CIO
1168-70 Troy-Schenectady Road
P. O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter confirms the understandings reached by the parties during negotiation of the 2003-2007 State/PEF Agreement regarding Special Assignment to Duty Labor/Management Committee. In addition to the provisions of the side letter agreement providing Special Assignment to Duty Pay for eligible unit employees we agree to the following:

During the term of the Agreement, the State and PEF will establish a Joint Labor/Management Committee to review additional activities that may constitute Special Assignments to Duty, which would be eligible for Special Assignment to Duty Pay. Asbestos removal and related activities, pesticide application, certain patient/client activities, and working heights are activities for review by the Joint Labor/Management Committee. However, the determination to include any additional activities as eligible for Special Assignment to Duty will be the responsibility of management after consultation with PEF. The determination by management regarding Special Assignment to Duty and this side letter are not subject to the grievance process.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President

January 10, 2005

Mr. Roger E. Benson
President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Benson:

This letter is to confirm the a greement reached between the Governor's Office of Employee Relations and the Public Employees Federation regarding an Employee Benefit Fund for provision of certain health and welfare benefits, including dental and vision, to PS&T employees.

PEF will undertake a study to determine the feasibility of administering dental and vision benefits through an Employee Benefit Fund. At the conclusion of this Study, PEF shall have the sole discretion to decide if they choose to provide Dental and Vision Benefits through an Employee Benefit Fund instead of receiving these benefits directly from the State.

If PEF determines it is interested in assuming responsibility for these benefits, that issue will be brought to the Joint Committee on Health Benefits for discussion and determination.

Sincerely,
 
John Currier
Executive Deputy Director
Governor's Office of Employee Relations		 Countersigned for PEF:
 
Roger E. Benson
President

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