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CSEA/UCS 2011-2017 Tentative Agreement an employee must have been on the payroll on November 30. An employee on a leave of absence without pay on November 30 who returns to duty prior to the payment of the June allowance, shall receive the December allowance upon return to duty. 21.8 21.6 There shall be no pro-ration of the uniform and equipment allowance. 21.7 Notwithstanding the above, an employee who as a result of disciplinary action was on a leave without pay which exceeds five workdays at any time during the six month period preceding payment of the uniform and equipment allowance shall not be entitled to receive such allowance. 21.9 21.7 Annual Uniform Inspection. The UCS shall conduct periodically, but at least annually, a uniform and equipment inspection. An eligible employee who, during such inspection, fails to meet minimum standards as established by the UCS shall not be eligible to receive the uniform and equipment allowance until all noted deficiencies are corrected. 21.10(a) 21.8(a) Pre-Tour Prep. The UCS will have the continuing ability to require compliance with uniform requirement, which may include the right to conduct inspections on a periodic basis in accordance with the terms of the collective bargaining Agreement. Any employee who failed to meet the minimum uniform inspection standards as referenced in Section 21.7 above shall not be eligible for pre-tour prep time. To compensate for the time court officers must take to change into uniform, to secure their weapon and equipment each day before reporting for duty, and the time taken at the end of each tour of duty to change out of the uniform and to secure the firearm and equipment, the UCS shall provide court officers with up to five days of “pre-tour prep” time annually (prorated for employees working less than full time). This time shall be at a straight-time rate, to be used in the fiscal year in which it is credited, and to be taken at the discretion of the UCS when the operation of the courts permits. The UCS should not unreasonably withhold permission for a court officer to take this time off. (b)Pre-tour prep time shall be credited on a quarterly basis to all court officers on the payroll as of the previous March 31; June 30; September 30; and December 31, at the rate of 8 ¾ hours of pre-tour prep time on April 1, July 1, October 1, and January 1, respectively. The time is intended to compensate for time spent changing into uniform and obtaining necessary weapons and equipment. It cannot be used to offset unscheduled tardiness or unscheduled absences. Eligibility for such time shall be based on the employee’s title and payroll status as of the beginning of each calendar quarter (the preceding March 31; June 30; September 30; and December 31). An employee on leave without pay or a Line-of- duty Leave or a Grand Jury Leave at the beginning of a calendar quarter shall not be credited with such time upon his/ her return to active duty for that quarter. be credited with pre-tour prep time for any days worked in each calendar quarter (8 minutes per day) but shall not be credited with pre-tour prep time for a quarter if the employee is on such leave for the entire quarter. If an employee is, prior to March 31, denied the use of the pre-tour prep time he/she received on January 1, he/she may be allowed to use such time prior to June 30. No accumulation of pre-tour prep time in excess of ten days may be carried over from one fiscal year to the next. Any such accumulation in excess of 10 days at the end of a fiscal year shall be converted into sick leave. Office of Court Administration Tentative Agreement special edition ARTICLE 22 EMPLOYEE BENEFIT FUND 22.1(a) The State contribution to the Employee Benefit Fund in effect on April 1, 2006 April 1, 2010, shall remain in effect except as modified below. (b)Effective April 1, 2008 April 1, 2014 , the State shall contribute a pro rata annual sum of $1,165 $1,330 per active employee for remittance to the Employee Benefit Fund. A pro rata annual contribution of $582.50 $665 to such Fund shall be made by the State for part-time and per diem employees provided they are working on a regular basis at least half the regular hours of full-time employees in the same title. (c)Effective April 1, 2009, April 1, 2015, the State shall contribute a pro rata annual sum of $1,205 $1,340 per active employee for remittance to the Employee Benefit Fund. A pro rata contribution of $602.50 $670 to such Fund shall be made by the State for part-time and per diem employees provided they are working on a regular basis at least half the regular hours of full-time employees in the same title. (d) Effective April 1, 2010, April 1, 2016, the State shall contribute a pro rata annual sum of $1,255 $1,365 per active employee for remittance to the Employee Benefit Fund. A pro rata contribution of $627.50 $682.50 to such Fund shall be made by the State for part-time and per diem employees provided they are working on a regular basis at least half the regular hours of full-time employees in the same title. (e) The State shall contribute a pro rata sum of $885 per employee retired since April 1, 1998 for remittance to the Employee Benefit Fund in each fiscal year of the Agreement. 22.2 The State and the Union shall enter into a separate Supplemental Employee Benefit Fund Agreement which shall specify the obligations of both parties regarding implementation, activities and reporting requirements of the Fund. ARTICLE 27 CHILD CARE/ELDER CARE DEVELOPMENT COMMITTEE The Child Care/Elder Care Development Committee composed of representatives from the UCS and the Union shall continue. This committee shall develop guidelines and procedures for the implementation of this Article. The UCS shall provide annual funding in the amount of $180,976 which shall be carried over from one fiscal year to the next but which shall lapse on March 31, 2011, to carry out the program agreed upon by the parties pursuant to this Article. ARTICLE 33 DRUG TESTING §33.1 Drug Testing. The Deputy Chief Administrative Judge depending on the work location for (Courts Within or Outside New York City) may, with reasonable cause, require an employee with peace officer status to submit to blood tests and/or urinalysis to determine whether such employee has used illegal drugs or abused controlled substances. Such determination that reasonable cause exists to test an employee shall be made in the appropriate Deputy Chief Administrative Judge’s sole discretion and shall not be grievable or otherwise reviewable. (ii) References to positive testing throughout this Article refer to test results which prove that an employee has used illegal drugs or abused controlled substances. §33.2 Drug Testing Peace Officers (a)Voluntary Drug Testing. An employee who has a substance abuse problem may submit voluntarily to drug testing prior to testing directed by the appropriate Deputy Chief Administrative Judge. Upon positive testing, he/she shall submit to the program outlined in subsection (b)(1) provided he/she is not subject to disciplinary charges for reasons other than positive testing. (b) Positive testing is prima facie evidence of misconduct and may be cause for disciplinary action. Prior to the institution of disciplinary proceedings, a preliminary meeting shall be held with a representative of the appropriate Deputy Chief Administrative Judge, the employee and his/her representative of the appropriate Deputy Chief Administrative Judge, the employee and his/her representative to determine whether the employee chooses to participate in a voluntary program of rehabilitation and the terms of such program. If the employee chooses not to participate, he/she shall be subject to formal disciplinary proceedings. (1) Voluntary Rehabilitation. An employee who agrees to voluntarily participate in a rehabilitation or detoxification program at his/her expense shall be allowed to charge sick leave or annual leave credits while such employee participates in a rehabilitation or detoxification program. If no leave credits are available, such employee will be placed on a leave of absence without pay for the period of the rehabilitation or detoxification program. Upon certification of successful completion of such program and a retest that demonstrates that an employee is not using illegal drugs or abusing controlled substances, the employee shall be returned to his/her position. Such employee may be subject to periodic retesting upon his/her return to his/her position. If such employee tests positive upon completion of such voluntary rehabilitation program or on any subsequent occasion, he/she shall be terminated without further hearing or formal charges. (2) Formal Disciplinary Hearing. An employee who chooses not to voluntarily participate in a rehabilitation or detoxification program will be subject to formal disciplinary charges. A hearing shall be held pursuant to Article 12, Disciplinary Procedure, of this Agreement to determine the appropriate penalty. Such penalty shall not be limited to those enumerated in the Procedure and may include, but not be limited to, the following: • medical certification of voluntary participation in a rehabilitation or detoxification program at the employee’s expense and successful completion of such program; • mandatory leave of absence of up to one year with the ability to charge earned and accrued sick leave, compensatory time and annual leave credits, if any; • assignment to light duty; • removal of weapon on and off duty; • periodic retesting, including retesting before a return to duty; • suspension; and, • termination. (3) An employee may submit proof satisfactory to the appropriate Deputy Chief Administrative Judge that he/she is taking a controlled substance for treatment of a medical condition in defense of any proposed disciplinary charges or in mitigation of penalty in a case of positive testing. Voluntary submission to testing and admittance to a rehabilitation or treatment program shall be considered in mitigation of such penalty by the hearing officer. (c)Other Disciplinary Charges. Notwithstanding any other provision of this Article, an employee may not elect to participate in the voluntary rehabilitation program set forth in subsection (b)(1) where such employee may be subject to disciplinary charges as a result of conduct other than positive testing pursuant to this Article may not use positive testing for drugs as a defense in such disciplinary proceeding. §33.3 Drug Testing (Non-Peace Officers) (a) There are a number of signs when an employee’s


UCS FINAL
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