CSEA/UCS 2011-2017 Tentative Agreement to an existing work schedule(shift), such assignment shall be made based on seniority among employees assigned to the same work location in a court or court-related Office of Court Administration Tentative Agreement special edition agency. Seniority shall resolve conflicts among employees in the same title in scheduling the use of annual leave or compensatory time. If two or more employees in the same title have the same seniority, a conflict in scheduling shall be resolved by lot. SIDE LETTERS Re: Longevity Bonuses This will confirm the agreement reached at negotiations for the 2011-2017 collective bargaining Agreement between the State of New York-Unified Court System and the Civil Service Employees Association, Inc., Local 1000, AFSCME concerning the Longevity Bonus. The longevity bonuses provided in Section 7.9 of the 2007- 2011 collective bargaining Agreement shall be paid in accordance with the terms set forth below: (a) Effective April 1, 2015, an employee who has at least 20 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $1,900 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this section a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year. (b) Effective April 1, 2015, an employee who has at least 25 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,000 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this section a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year. (c)Effective April 1, 2015, an employee who has at least 30 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,100 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this section a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year. (d)Effective April 1, 2015, the above-referenced longevity bonuses shall end and be replaced with the longevity payment structure in Section 7.9 of the 2011-2017 collective bargaining Agreement. Re: Automated Time-Keeping System 1. Overtime Eligible Employees: The Kronos system will be configured to register an overtime eligible employee’s presence for his/her scheduled shift in the following manner. The system will register a swipe within the scheduled start of an employee’s shift to five minutes after and reflect that the employee was present at the start of the shift and between 15 minutes prior to the scheduled start of an employee’s shift to the scheduled start of the shift and reflect that the employee was present at the start of the shift. Similarly, a swipe within 15 minutes 5 minutes preceding the schedule end of an employee’s shift will reflect that the employee worked until the end of his/her shift. This will provide the same flexibility presently available to overtime eligible employees when they are not approved to work overtime and choose to swipe within 15 minutes before and after their shift starts and ends. Specific information captured concerning the time a swipe registers, within the parameters detailed above, will not be used by management as the sole basis for raising a concern about an employee’s presence at the beginning or end of the employee’s shift. 2. Meal Period: Employees shall not be required to swipe in or out for their meal period during their scheduled shift. 3. Appointments During the Employee’s Scheduled Shift: When an employee is excused from work for an appointment and is expected to return to work before the end of his/her shift, the employee shall not be required to swipe out for the appointment or in upon the employee’s return to work. This does not impact in any way upon the rules and procedures set forth in Article 9 that set the requirements for use of leave time for appointments during the workday. 4. Meal Period and Overtime: When an employee works overtime on a day where the employee is not scheduled to work his/her regular shift, a meal period will not be assumed and automatically deducted. Rather, the employee will be paid for overtime hours worked. 5. Overtime Ineligible Employees: Overtime ineligible employees shall not be required to swipe for timekeeping purposes. 6. Method of Time-Keeping: The method of recording time on an automated, computer-based time-keeping system whereby overtime eligible employees record their time using a swipe card, will not be replaced by a new time-keeping system where time is recorded by a new method (e.g. digital or retinal scan) absent agreement with the Union prior to implementation. Re: Lag During the negotiations of the 2011-2017 Agreement between the Civil Service Employees Association Inc. (CSEA) and the New York State – Unified Court System (UCS), the parties discussed at length the serious consequences felt both personally by the individuals impacted by the 2011 Workforce Reduction as well as the continuing operational challenges faced by the UCS and CSEA-represented employees as a result of the loss of valued personnel and continued hiring restrictions. Accordingly, in an effort to ensure that a workforce reduction is not required during the term of this Agreement, the parties have negotiated a deficit leave reduction tool that will be implemented in the event that personnel costs cannot be supported by the UCS budget in Fiscal Year 2015 – 2016 and/or Fiscal 2016 – 2017. For Fiscal Year 2015 – 2016 and Fiscal Year 2016 – 2017, the UCS will submit fiscally responsible budget requests that the UCS believes provides the funding necessary to support personnel costs and implement the terms of this negotiated Agreement. In the event that the UCS approved budget for Fiscal Year 2015 – 2016 and/or Fiscal Year 2016 -2017 are not approved as submitted, the UCS will have the ability to implement up to a maximum of two lag days in each fiscal year. A determination as to whether a lag is necessary will be made by January 15th of each fiscal year. The UCS will notify CSEA of its intent to implement either one or two lag days no later than January 15 of each fiscal year. In the interim between notification and implementation, the UCS will continue to take all reasonable steps to avoid taking one or both lag days. If the lag becomes necessary it will be deducted by taking up to one/half day per pay period in the last four pay periods of the fiscal year. Any lag day(s) that may be implemented will be returned to affected employees at the employee’s rate of pay upon separation from service. Appendix C Procedures and Guidelines For the Implementation and Administration of Section 9.3(l), Sick Leave Bank, of the 2011-2017 Agreement between The State of New York-Unified Court System and The Civil Service Employees Association, Inc. Local 1000, AFSCME (AFL-CIO) (Below are the only changes made to the Procedures and Guidelines for the Sick Leave Bank for the 2011-2017 CSEA/UCS Agreement.) Participating Employees – Sick Leave Bank Funding 1. The Sick Leave Bank offers membership to all qualified employees in the CSEA bargaining unit. Employees who do not desire to join the Bank must provide written notice to the UCS that they do not wish to participate within the open-enrollment period noted below. Thereafter employees may choose to join, pursuant to the eligibility requirements contained herein, if they so choose but will be required to have a minimum sick leave balance of 13 8 days and contribute the total amount of time that employees with the same length of service contributed. THERE SHALL BE A ONE-TIME ONE-MONTH OPEN-ENROLLMENT PERIOD BEGINNING ON SEPTEMBER 11, 2014 AND ENDING ON OCTOBER 9, 2014. Employees with a minimum of 6 8 days of accumulated sick leave standing to his/her credit during the open enrollment period will commence participation in the Bank by contributing 17.5 hours of accrued and unused sick leave credits to the Bank 14 hours plus all annual charges for any prior years in which the enrollee could have joined but did not. Thereafter, on each succeeding April 1st, the Bank will be further funded by an annual charge of up to seven hours of sick leave made against the accumulated leave credits of each member employee. This annual charge will be made effective the last day of the first accrual period after April 1st. Employees with insufficient sick leave on the day the annual charge is deducted will have the deduction taken from annual leave, and if not, from any compensatory time or pre-tour-prep time (if applicable) standing to the employee’s credit. If the employee has no accruals, the deduction will be taken from subsequent accruals of sick leave. 2. Employees who were on the payroll and eligible to participate in the Bank but who choose not to do so, may not elect to participate in the Bank at a later date absent the agreement of the Bank Committee. If permitted to join, they will be required to contribute the same amount of sick leave accruals as those employees who joined the Bank at the time of the applying employee’s initial eligibility. Eligibility begins at the time the employee either did or could have earned 13 8 sick leave days.
UCS FINAL
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