CSEA/UCS 2011-2017 Tentative Agreement ability to perform his or her job is impaired which may point to the possibility that the impairment may be due to illegal drug use or abuse of a controlled substance. Such observable signs might include, but are not limited to: • Inability to walk steadily or in a straight line; • Altered or slurred speech or incoherent Office of Court Administration Tentative Agreement special edition speech; • Unexplained and abrupt changes or radical changes in behavior such as abusive language or aggressive behavior; • Disorientation or lethargy. (b) If a supervisor reasonably believes, based on two or more signs of visible impairment that an employee may be under the influence of illegal drugs or the abuse of a controlled substance, the following procedure should be followed: (1) The supervisor and, if practicable, another supervisor, shall observe the employee’s behavior and condition. Once the employee’s behavior and condition are observed the supervisor(s) should direct the employee to a private area and his/her union local president will be contacted. The supervisor(s) must describe, in writing, the employee’s behavior and condition by completing a Behavior/Incident Documentation Form. (2) The supervisor shall send a copy of the completed Behavior/Incident Documentation Form to the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City). If upon review, the Deputy Chief Administrative Judge determines reasonable cause exists to believe such employee is under the influence of illegal drugs or the abuse of a controlled substance, management will meet with the employee and his/ her union representative. The employee will be informed that he/she may be required to undergo a drug test. (3) Voluntary Rehabilitation. In lieu of testing, the employee will be offered the option to voluntarily participate in a rehabilitation/ detoxification program through the Worklife Assistance Program, which includes signing a release acknowledging that the employee agrees to comply with all of the program’s requirements, including but not limited to ongoing testing, and allowing the UCS to be advised that the employee is successfully participating in the program. (a) Such employee will be allowed to charge leave accruals while participating in the program. If no leave credits are available, the employee will be placed on a leave of absence without pay. Upon certification of successful completion of such program and a test indicating the employee is not using illegal drugs or abusing controlled substances, he/she shall be returned to his/ her position. If an employee fails to complete the program or tests positive he/she shall be placed on a leave without pay and referred to the Worklife rehabilitation/detoxification program for additional treatment. If such employee chooses not to participate, he/ she shall, if eligible, be served with formal disciplinary charges pursuant to Article 12, Disciplinary Procedures, of the Agreement. (b) An employee who chooses not to participate in a rehabilitation/detoxification program will be directed to undergo a drug test. (4) Drug Testing. To the extent practicable, an employee will be required to undergo a drug test within forty-eight hours of being directed to do so by the Deputy Chief Administrative Judge. Such testing will be conducted by a laboratory that is independent of the court system. (a) An employee will be required to comply with the laboratory’s specific procedures. The employee will have the right to request that his/her sample be split and stored. This request must be made at the time of testing and both samples must be provided at the same time. One sample shall be submitted for immediate testing. If the original sample indicates a positive drug test, the employee may request that the second sample be tested. If the second sample is negative, both tests shall be considered non-conclusive. (b) Alteration of a sample shall be grounds for immediate termination. (c) An employee who is directed to undergo a drug test will be placed on a leave of absence without pay while the test results are pending. During this waiting period, the employee shall be allowed to charge accrued leave. If the test results are negative, the employee will be returned to his/her position and any accruals used during the waiting period will be restored. If the test results are positive, the employee will be required to submit to a rehabilitation/detoxification program under the conditions described above. Upon certification of successful completion of such program and a test indicating the employee is not using illegal drugs or abusing controlled substances, he/she shall be returned to his/ her position. ARTICLE 34 DRESS CODE §34.1 Employees whose duties are performed in workplaces which are accessible or visible to the general public shall wear appropriate business attire. For purposes of this Article, the term “appropriate business attire” shall be defined as follows: (a) for male employees: business suit, dress shirt and tie; or sports coat with coordinated shirt, trousers (jeans not acceptable) and tie; (b) for female employees: a dress; or skirt with coordinated blouse/sweater/dress shirt; or slacks (jeans not acceptable) with coordinated blouse/ sweater/dress shirt; and, at the employee’s option, a jacket; and (c) business shoes. The wearing of a suit jacket or sports coat shall not be required from June 22 to September 1 of each year. The application of this provision shall be subject to the grievance procedure. The provisions of this section may be waived in the event the provisions of Section 9.17 of this Agreement become applicable. 34.2 All employees holding titles in the court clerical series who are assigned to trail courts in the First and Second Department shall wear appropriate business attire. For purposes of this Section, the term “appropriate business attire” for such employees shall be defined as follows: (a) for male employees: State approved blazer with patch; coordinated dress shirt and tie; dress pants (denim material not acceptable); (b)for female employees: State approved uniform blazer with patch; a dress; or skirt with coordinated blouse/ sweater/dress shirt; or dress pants (denim material not acceptable) with coordinated blouse/sweater/dress shirt; and (c)business shoes 34.3 The annual maintenance allowance of $850 in effect in December 2006, shall remain in effect except as modified below; (a) Effective April 1, 2008, each employee who is required to wear the State-approved blazer shall receive an annual maintenance allowance of $875, payable in equal parts in June and December of each year, if eligible under Section 34.4 The payment of maintenance shall be in a separate check. (b) Effective April 1, 2009, each employee who is required to wear the State-approved blazer shall receive an annual maintenance allowance of $900, payable in equal parts in June and December of each year, if eligible under Section 34.4 The payment of maintenance shall be in a separate check. (c) Effective April 1, 2010, each employee who is required to wear the State-approved blazer shall receive an annual maintenance allowance of $925, payable in equal parts in June and December of each year, if eligible under Section 34.4 The payment of maintenance shall be in a separate check. 34.4 (a)To be eligible for the maintenance allowance payable in June above, an employee must have been on the payroll on May 31. An employee on a leave of absence without pay on May 31 who returns to duty prior to the payment of the December allowance shall receive the June allowance upon return to duty. (b)To be eligible for the maintenance allowance payable in December, 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. (c)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 maintenance allowance shall not be entitled to receive such allowance. (d) There shall be no proration of the maintenance allowance. 34.5 Dress Code Inspection. The State shall conduct periodically, but at least bi-annually, a dress code inspection. An eligible employee who, during such inspection, fails to meet the minimum standards as established by the State, shall not be eligible to receive the maintenance allowance until all noted deficiencies are corrected. ARTICLE 38 SENIORITY The term “seniority” shall refer to the length of an employee’s service in the Unified Court System. Service credited with the Unified Court System effective April 1, 1977, shall be included when computing length of service. In addition, service credited to the Unified Court System upon a transfer of function as defined in Section 25.26(c) of the Rules of the Chief Judge shall be included when computing length of service. Subject to the reasonable operating needs of the court, assignment of annual leave, compensatory time, holiday work or alternative work schedules shall be made at the times desired by the employee to the extent practicable in order of seniority. In the event that more employees request the same time off or an alternative work schedule than can be reasonably spared for operating reasons, such time will be granted to such employees in order of seniority. When the State determines to create a new work schedule (shift) or to assign an employee
UCS FINAL
To see the actual publication please follow the link above