Policy Bulletin No. 1992-03

Section 26.3 Rules Applicable to Employees in Negotiating Units - October 22, 1992

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TO: State Departments and Agencies
FROM: Commissioner Josephine L. Gambino
SUBJECT: Attendance and Leave Items
1991-1995 Negotiated Agreements for Security Services and Security Supervisors Units

The following material has been prepared to assist you in implementing the new or revised attendance and leave provisions contained in the 1991-1995 agreements negotiated with Council 82. If you have any questions concerning this material, contact the Employee Relations Section of this Department at (518) 457-2295.

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1.

Unit	Item
SSU	5.2(b) Access to Employees and Meeting Space
SSpU	5.2(b) Access to Employees and Meeting Space

Subject: Increase in access to employees for union representatives to explain to members the organization's services and programs.

Comment: This article was amended to increase consultation time from 10 to 15 percent of the employees in the agency or institution per month.

2.

Unit	Item
SSU	5.3(a) Employee Organization Leave--Policy Committees

Subject: Changes in membership of certain committees

Comment: This article was amended to increase the number of members on the Security Services Assistants' Committee from 3 to 4. Two new committees were also added: Capitol Police which has one member and Labor which has one member. The OGS Committee which consisted of three members was deleted. An editorial change was made to change the name of the Hospital Treatment Assistants' Committee to the Security Hospital Treatment Assistants' Committee.

3.

Unit	Item
SSpU	5.3(a) Employee Organization Leave--Policy Committees

Subject: Changes in calculation of employee organization leave and membership of certain committees.

Comment: This article was amended to change the method of calculating EOL for each committee. Previously EOL was available for up to two meetings of up to two days' duration each year that the agreement was in effect. Now EOL shall be available for a total of four days for each committee during each year that the agreement is in effect.

This article also changed the number of members on the Rangers Committee from three to two. This article added two new committees; the Park Police Supervisors with a membership of three and the Capitol Police Supervisors with a membership of one.

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4.

Unit	Item
SSU	5.3(e) Employee Organization Leave--Negotiations

Subject: Addition of a committee

Comment: This article was amended to exempt the Law Enforcement Policy Committee Chairman from the restriction that no more than one committee member from anyone facility may be granted leave to serve on the union negotiating committee.

5.

Unit	Item
SSpU	5.3(e) Employee Organization Leave--Negotiations

Subject: Addition of committees

Comment: This article was amended to exempt the Law Enforcement Policy Committee Chairman and the Corrections Officers Policy Committee Chairman from the restriction that no more than one committee member from anyone facility may be granted leave to serve on the union negotiating committee.

6.

Unit	Item
SSU	8.4(c) Back Pay Award
SSpU	8.4(c) Back Pay Award

Subject: Back Pay Award

Comment: A new section has been added that provides that when an employee is awarded back pay after a period of disciplinary suspension the award of back pay shall be deemed to include the accrual of leave credits and holiday leave for the period of time specified in the award.

There is no maximum limit on the crediting of vacation as the employee is deemed to have exercised his/her rights under the applicable contract article which provides an exception to the 40-day maximum. However, because this is a retroactive adjustment of time records, if October 1 occurred during the suspension period, vacation in excess of 40 days on September 30 may not be carried forward to October.

Sick leave may be credited only up to the applicable maximum. In addition, the employee is entitled to be credited with holiday compensatory time for any holidays coinciding with pass days during the period of the back pay award. Finally, if this employee's personal leave anniversary date fell during...

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...the period of back pay award, he/she retains that date and is credited with personal leave accordingly. (Personal leave cannot be carried beyond the personal leave anniversary date.)

Correction of the employee's leave records to reflect these accruals is to be accomplished upon receipt of the notice of decision making the back pay award, either as a requested interim decision or after the hearing is closed.

7.

Unit	Item
SSU	14.1(e) Vacation Credit Accumulation
SSpU	14.1(e) Vacation Credit Accumulation

Subject: Change in the date on which the vacation maximum may not exceed 40 days.

Comment: This section has been amended to change the date on which the vacation balance of an employee in these units may not exceed 40 days. That date has been changed from April 1 to October 1 beginning in 1993. Council 82 employees who exceed the 40-day maximum on April 1, 1993, will not have their vacation balances reduced to 40 days. However, on October 1, 1993, and each October 1 thereafter an employee whose vacation credits exceed 40 days shall have his or her credits reduced to 40 days on that date. All other provisions concerning vacation credit accumulation remain unchanged.

8.

Unit	Item
SSU	14.3(b) Bereavement Leave
SSpU	14.3(b) Bereavement Leave

Subject: Change in the definition of family

Comment: This article has been amended so that the definition of family for employees in these units is: "The employee's spouse, child, parent, grandparent, brother, sister, aunt, uncle, parent-in-law, brother-in-law, sister-in-law, grandchild or any person living in the employee's household." This is a less restrictive definition of family than that previously in effect for these units.

9.

Unit	Item
SSU	14.9 Workers' Compensation Leave
SSpU	14.9 Workers' Compensation Leave

Subject: Workers' Compensation Leave

Comment: The contract provision calls for implementation of...

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...program changes on October 1 or as soon thereafter as practicable. Separate guidelines will be issued on these provisions including establishment of an implementation date.

10. Leave Donation Program

Effective August 21, 1992, the State and Council 82 agreed to establish a leave donation program providing for donation of vacation credits from Council 82-represented employees to other Council 82-represented employees absent because of long term illness who have exhausted leave benefits. A copy of the Memorandum of Understanding was distributed to agencies (see the GOER Bulletin dated August 21, 1992). This program is identical to the CSEA Leave Donation Program. In administering this program agencies should follow the guidelines established for the CSEA Leave Donation Program (see the Attendance and Leave Policy Bulletin 92-02 [01-02], dated July 30, 1992 [March 23, 2001]).

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