| PROBLEM | PEF INVOLVEMENT | 1ST CONTACT | FURTHER ASSISTANCE | KEY TIME LIMIT |
|---|---|---|---|---|
| Improper Labor Practice | PEF Steward assembles all pertinent data documents and witnesses in concert with PEF Field Rep. PEF Field Representative will draw up charge. Director of Field Services will approve all PERB IP filings. PEF will consider the assignment of an attorney if the issues raised are of unit-wide significance. | PEF Field Rep. to draw up charge - PEF Director of Field Services for filing approval. | Legal Department for direct presentation at PERB or for appeal of ALJ's decision. | An improper practice charge must be filed within 4 months of the alleged misconduct. |
| Health & Safety Problems | Members with health or safety problems bring them to the attention of the Steward or the local Health and Safety Committee/ Council Leader for action. | The PEF Field Rep. should be copied on documentation regarding health & safety problems addressed at the local level so that they are aware of the activity and can provide support as needed. | If problems cannot be solved at the local level, the Steward, Health & Safety Committee or Council Leader should contact the PEF Field Rep. for assistance. Assistance provided may include strategic decision-making, provision of resources, referral or direct intervention, depending on circumstances and needs. PEF Field Reps and Health & Safety Committees or Council Leaders may contact the PEF Health & Safety Department for assistance. If the Health & Safety Department is contacted directly by Health & Safety committees or division/ councils, the Health & Safety Department will keep the field reps informed. | As per Article 18 of the contract, local health & safety committees, and agency level committees may appeal them to the Statewide Committee for resolution. Article 18 grievances must be filed not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. |
| Termination Disciplines | PEF Steward will notify Field Rep immediately upon learning of NOD. PEF Steward will assemble all pertinent data, witnesses, etc. deemed appropriate. Legal Counsel will be provided at arbitration hearing. | PEF Field Rep will handle any interrogations, interviews of grievant, as well as all Step II hearings scheduled. | Legal Department will handle, unless private counsel is retained and PEF waiver executed. | A disciplinary grievance must be filed within 14 calendar days after receipt of the NOD. A demand for arbitration must be filed within 24 calendar days regardless of whether the Agency issues a decision or not. |
| Non-Termination Disciplines | PEF Steward will notify Field Rep of NOD. PEF Steward will assist Field Rep in assembling all pertinent records and witnesses. PEF Field Rep will represent grievant at all stages. | PEF Field Representative | PEF Field Representative will represent grievant at non-dismissal NOD arbitrations. | Disciplinary grievances must be filed within 14 calendar days after receipt of the NOD. A demand for arbitration must be filed within 24 calendar days regardless of whether the Agency issues a decision or not. |
| NYS Retirement System Issue | PEF Steward will assist member in obtaining all payroll and service related documents needed. PEF does not generally provide representation to members and retirement matters unless the case is of unit-wide legal significance. However, PEF Legal and Civil Service Enforcement Departments will review issues and provide opinions on retirement issues for unit members. | NYS Retirement System Information Service (518) 474-7736 | PEF Civil Service Enforcement/ Research Department PEF Legal Department Generally, members appeal to NYS Retirement System Appeals Board on their own for any issue administratively unresolved. | Once you retire your papers must be on file for at least 30 days but no more than 90 days. You can withdraw your papers up to the day of retirement. Early retirement programs vary. Check with your Field Rep. If a member believes he or she is the recipient of an adverse determination by the State Employees Retirement System, the general statute of limitations for filing a legal challenge is four months. |
| Unemployment Insurance Claim | PEF Steward will assist member in filing claim usually right at job site. | PEF Stewards | NYS Department of Labor - Local Offices (blue pages of phone book for nearest office) | Once unemployed, file your claim immediately (bring your Social Security Card, one form of I.D., recent pay period payroll stub) (Local work site claim filing may be offered) |
| Workers Compensation Claim | PEF Steward should assemble all factual data if Article 13 violation is alleged. PEF Steward should review Accident Report being filed with employer. PEF Steward should notify PEF Health & Safety Chair/Council Leader about incident for follow-up. | PEF Field Representative | Article 13 and/or 18 violations if alleged - pursued by grievance mechanism. | Notify employer of on-the-job injury as soon as possible after work related injury/illness. Article 13 grievances must be filed not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. |
| Human Rights Violations | PEF Steward will assist claimant in assembling all forms, data, documents, possible witnesses, etc. | PEF Field Representative may assist claimant with filing of charge | Possible legal action per individual case review and determination by PEF Legal Department. | To fully preserve all possible remedies, employees must file charge of discrimination with the EEOC and SDHR within 240 days of the alleged discriminatory event. |
| Alleged ADA Violations | PEF Steward assembles all factual data, witnesses, etc. pertinent to the member's alleged violation. | PEF Field Representative | PEF Legal Department for possible legal assistance. Advocate’s Office for Persons with Disability, 473-4129, web: information@oapwd.state.ny.us | Complaint must be filed not later than 180 days from date of alleged discrimination. Some exemptions exist. Call your Field Representative. |
| Overtime Pay Issue Contract Issue | PEF Steward will assemble all pertinent data and consult with Field Rep for possible grievance. PEF may provide legal representation in cases where members have been denied overtime pay mandated by the Fair Labor Standards Act. | PEF Field Representative PEF Legal Department | PEF Legal Department for possible FLSA violation and possible litigation. | Contract grievance must be filed not later than 30 calendar days after the date on which the act of omission giving rise to the grievance occurred. The statute of limitations under the Fair Labor Standards Act is two years. |
| Overtime Pay Issue – FLSA Fair Labor Standards Act Issue | PEF Steward...for possible FLSA violation and legal action. | PEF Field Representative | PEF Legal Department for possible FLSA violation and possible litigation. | For Back Pay: 2 years to file from date of work. If employer intentionally violated you have 3 years to file with USDOL Wages and Hours Division. |
| Family Medical Leave Act (FMLA) Violations | PEF Steward will investigate violation and gather all pertinent data, witnesses and documents for review with PEF Field Rep for possible violation. | PEF Field Representative will investigate and pursue substantiated incidents for legal review. | PEF Legal will review and file claims on cases reviewed and deemed meritorious. | Statute of limitations is 2 years after the date of the last event constituting a violation. For willful violations the statute allows 3 years. |
| PSWP (Workshop) Issues (Class attendance denial by supervisor/ closed-out) | PEF Education 1-800-342-4306, Ext. 328 | See most recent Catalog. | ||
| PSTP (Voucher) Issues Voucher Alternatives | Member should call 1-800-342-4306, Ext. 328 for resolution. | PEF Field Representative | PEF Education 1-800-342-4306, Ext. 328 | Deadlines vary each semester. See recent catalog. |
| Civil Service: Reallocations, reclassifications, out-of-title, minimum qualifications | PEF reviews. If warranted, raises challenges or questions to the attention of the Director of Classification & Compensation. Unsatisfactory determinations may then be appealed to the Civil Service Commission. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | Although all problems should be addressed as soon as possible, there is no specific timeframe established for initiating a Classification and Compensation inquiry. However, the Director of Classification and Compensation's final determinations must be appealed to the Civil Service Commission within 60 days |
| Civil Service Exam Issues: Minimum qualifications scores, testing content or administration. | Candidates may appeal all of these issues but may only appeal ratings/scores of 60 or above. Scores of 60 or below require special consideration of the Civil Service Commission. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | Candidates should follow the time limitations stated in the notification received from Civil Service. The Civil Service Commission, for good cause shown, has the discretion to waive the timeframes. |
| Civil Service: Oral Exam Appeals | PEF is prepared to render technical assistance to candidates who can substantiate an oral test appeal. However, since candidates must file their appeals within 10 days of the tape review, it must be emphasized that candidates have the responsibility to insure that their oral exam appeals are filed on time. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | 5 days to request comments, 10 days to notify of intent to appeal and request tape review, 2 weeks to submit objection(s) |
| Civil Service: Disqualifications | Civil Service may refuse to examine or to certify applicants who do not meet minimum qualifications. Applicants may also be disqualified based on falsification of an exam application. Disapproved applicants must be provided a written explanation and may provide information contesting the disapproval to the Civil Service Commission. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | Candidates should follow the time limitations stated in the notification received from Civil Service |
| Civil Service: appointments transfers reinstatements eligible lists | PEF reviews and, if warranted, initiates inquiries to the Department of Civil Service. Unsatisfactory determinations may be appealed to the Civil Service Commission. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | Although all problems should be addressed as soon as possible, there is no specific timeframe established for initiating an inquiry to Civil Service. However, the final determination must be appealed to the Civil Service Commission within 30 days. |
| Civil Service: Probationary Termination (procedural violations only) | PEF reviews and, if warranted, appeals to the Civil Service Commission. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | 30 days from date of termination. |
| Layoffs: Procedural questions | PEF reviews procedural issues and, if warranted, initiates Civil Service inquiries and/or appeals. | PEF Field Representative | PEF Civil Service Enforcement/Research Department | Generally, must be initiated within 30 days and should be initiated as soon as possible. |
| Article 22 Contracting Out | PEF will negotiate with NYS possible alternative proposals in response to contracting out by NYS. See further assistance column for more PEF involvement. | PEF Field Representative | PEF's Contract Administration Department will provide direct assistance to affected PEF employees in redeployment list placements, traineeship possibilities, transition benefits, severance pay options, education stipends, and preferential hiring opportunities. | NYS must provide PEF with 90 days advance notice of any contracting out proposals which will affect permanent PEF employees. Permanent employees affected by the State's right to contract out must be given 60 days written notice of intended separation. |
| Layoff: Redeployment and Continuity of Employment Assistance.(Art 21) | Continuity of Employment Committee/ PEF Education and Training Department | PEF Field Representative | Article 21 Continuity of Employment Committee and PEF's Education and Training Department will develop strategies to provide continuity of employment when displacement occurs. | You must inform your Field Rep. as soon as possible after notice of layoff is received. |
| Licensing Charge | PEF will provide legal representation to a current unit member served with formal licensing charges arising out of the member's duties as a State employee if the license is a condition of State employment. | PEF Field Representative | Once charges have been served, the PEF Field Rep should be contacted as soon as possible. | |
| Probationary Dismissal | PEF Legal Department will investigate to determine whether there are any legal grounds upon which to challenge a probationary appointment. | PEF Field Representative | PEF Legal Department | There is a four month statute of limitations for the filing of an Article 78 petition challenging a probationary termination. The statute runs from the notice of termination. |
| Out-of-Title Work Occupational | PEF will provide legal representation to challenge an arbitrary, capricious or illegal out-of-title determination by GOER. | PEF Field Representative | PEF Legal Department | A grievance under this article must be filed by the employee or PEF with the Agency head. An appeal of an unsatisfactory decision must be filed within 10 working days. Once the grievance is rejected at step 3 by GOER, an Article 78 petition challenging the rejection must be filed within four months. An appeal of the original determination can be made if additional facts or the existence of a dispute of fact can be documented. (17.4,d) |
| Occupational Disability Leave Civil Service Law 71 | PEF generally provides legal representation in a Section 71 hearing to an employee who can produce medical evidence contesting an employer's determination that the employee is not fit to return to service after a year's absence or who is denied the right to such a hearing. | PEF Field Representative | PEF Legal Department | If, upon examination by the State Employee Health Service after the year's leave of absence expires, an employee is found not medically fit to return to duty, the employee has 10 working days in which to request a Section 71 hearing to contest that finding. |
| Leave for Ordinary Disability Civil Service Law 72 | After a Section 72 hearing has resulted in a determination that an employee is not medically fit to perform the duties of the employee's position, PEF Legal Department will review whether the employee's determination was arbitrary, capricious or contrary to law and whether the procedures used by the appointing authority were in compliance with the statute. | PEF Field Representative | PEF Legal Department | Any final Agency action pursuant to CSL 72 would be subject to the four month Article 78 statute of limitations. There is a 30 day time frame to appeal to the Civil Service Commission. |
| CSL 73: Separation for Ordinary Disability: Reinstatement | PEF generally provides legal representation in a Section 73 hearing to an employee who can produce medical evidence contesting an employer's determination that the employee is not fit to return to service after a year's continuous absence or who is denied the right to such a hearing. | PEF Field Representative | PEF Legal Department | The law and its regulations do not state how long one has to request a Section 73 hearing, but PEF's position is that the Section 71 regulations should apply. Those regulations provide ten working days in which to request a hearing. |
| CSL 65: Long-Term Provisional Appointments | PEF's Legal Department will review provisional appointments in excess of nine months to determine whether such appointments should be challenged in court. | PEF Field Representative | PEF Legal Department | Provisional appointments in excess of nine months constitute continuing violations of CSL 65 and, thus, there is no statute of limitations for their challenge. |
| Miscellaneous Civil Service Law Violations | PEF's Legal Department will review for possible legal challenge alleged violations of Civil Service Law provisions concerning appointments, promotions, layoffs, and exams to determine whether an action or determination of the State Department of Civil Service or the Civil Service Commission is arbitrary, capricious or contrary to the law. | PEF Field Representative | PEF Legal Department PEF Civil Service Enforcement/Research Department | Generally, any final action or determination by the Department of Civil Service or the Civil Service Commission is subject to a four-month statute of limitations for legal action under Article 78. |
| Individual Civil Rights Violations | PEF's Legal Department will review a claimed violation of civil rights but, unless an issue of unit-wide legal significance is presented, PEF generally will not provide legal counsel to members in such cases. | PEF Field Representative | PEF Legal Department | Statutes of limitations for civil rights violations range from four months to three years. |
| Health benefits, complaints and suggestions | PEF’s Health Benefits Specialists respond to health benefit questions and complaints, as well as assist members with the process used to appeal the payment or denial of a claim. | Agency/Facility Health Benefits Administrator-HBA (Personnel Office) | PEF Legal Department PEF Contract Administration Department | A violation of Article 9 of the PEF/State Agreement is subject to the 30-day grievance statute of limitations. |