0800 Classification and Compensation

0850(D) STATE NEGOTIATING UNITS

.1 BACKGROUND

.110 Statutory Authority

.111 Article 14 of the Civil Service Law, entitled The Public Employees Fair Employment Act (also known as the Taylor Law - September 1, 1967), grants public employees the right to organize and to be represented by employee organizations of their own choice; requires public employers to negotiate and enter into agreements with public employee organizations regarding their employees' terms/conditions of employment; and establishes a State agency - The Public Employment Relations Board (PERB) - to administer the law.

.120 Negotiating Units Representing Employees in State Service

.121 Negotiating Units 01 and 21 – Security Services Unit (SSU):

1. Negotiating Unit 01 (arbitration) – Consists of positions involving the protection of persons and property; the enforcement of laws, codes, rules, and regulations concerned with vehicle and highway safety; and the security aspects of correctional institutions. Positions include Correction Officer, Correction Sergeant, Community Correctional Center Assistant, and Institution Safety Officer.
2. Negotiating Unit 21 (non-arbitration) – Certain safety positions including Lifeguard and Water Safety and Instructor, and positions with Peace Officer status including Security Hospital Treatment Assistant, Safety and Security Officer, Security Services Assistant, Security Officer and Campus Public Safety Officer, are eligible security titles for salary and benefit purposes.

.122 Negotiating Unit 02 – Administrative Services Unit (ASU): Consists of positions engaged in preparing, transcribing, systematizing, and maintaining records, reports, and communications by manual process or by operating various machines and equipment. Positions typically have one or more of the following as primary functions:

1. Operation of communication or tabulating equipment, telephone switchboards, and keyboard machines.
2. Collection, recording, arranging, filing, transmitting, or processing of information and records.
3. Application of regulations in accordance with established instructions and guidelines to determine liabilities or eligibility for benefits.
4. Application of simple techniques of analysis, testing, or drafting.
5. Supervision of the above functions.

This unit also includes examiners whose responsibilities are not of a professional, scientific, or technical nature.

.123 Negotiating Unit 03 – Operational Services Unit (OSU): Consists of positions engaged in the performance of a craft or unskilled work in fabrication, maintenance, and repair activities, or in the operation of machines, equipment, or vehicles. Positions in this unit typically have one or more of the following as primary functions:

1. Tending, operation, and maintenance of stationary plants and fixed mobile equipment.
2. Fabrication, alteration, and repair of structures, equipment, distribution systems, and other works.
3. Performance of janitorial and other services for buildings and grounds.
4. Carrying out of printing and duplicating processes.
5. Performance of any craft or unskilled work on board ship and floating plant.
6. Care of animals and the cultivation of plants.
7. Performance of manual labor.
8. Supervision of the above functions.

.124 Institutional Services Unit (ISU): Consists of positions that direct and participate in recreational, educational, vocational, social, and daily living programs that aid in the rehabilitation of individuals with physical or mental illness or with a disabling condition or that directly assist professionals with medical activities in a structured living setting. Positions in this unit typically are characterized by one or more of the following:

1. Services rendered are for one or a group of persons who are physically or mentally ill or unable to care for themselves.
2. Services rendered are concerned with the health of individuals.
3. Services rendered are part of a health-related research program.
4. Supervision of the above functions.

.125 Negotiating Unit 05 – Professional, Scientific, and Technical Services Unit  (PS&T): Consists of positions engaged in the application of a comprehensive body of knowledge normally acquired through college or university graduation in specific fields; professional groups generally controlled through licensure; occupational groups engaged in the conduct of analytical and investigative duties in the natural, physical and social sciences (excluding health related technicians), in the preparation and measurement of biological, chemical and physical substances and materials, in the design, construction, operation and maintenance of complex equipment, systems and processes, and in the performance of similar technical duties in which the requisite knowledge and skills are normally acquired through completion of secondary school education plus post-secondary or equivalent specialized training; and occupational groups engaged in the planning, execution, conduct, and control of programs or internal management. Positions are typically characterized by one or more of the following:

1. Application of knowledge, principles, or skills specific to an intellectual discipline.
2. Exercise of discretion requiring analysis of problems, evaluation of alternative courses of action, and selection of the course of action to be followed in applying rules and regulations, or in planning, organizing, and coordinating the work of others.
3. Knowledge of the objectives of an organization (including departmental policies relating to work performed), understanding the rationale of the methods and procedures used, and exercise of discretion in determining courses of action.
4. Testing of materials and substances or the observation, orderly compilation, and presentation of technical phenomena and information.
5. Design, construction, operation, or maintenance of specialized equipment, systems of processes requiring the application of knowledge, skills, and techniques normally acquired through vocational training beyond secondary school.
6. Writing of standards, specifications, procedures, or manuals related to the above duties.
7. Supervision of the above functions.

Also included are inspectors, investigators, and examiners whose responsibilities are of a professional, scientific, or technical nature.

.126 Negotiating Unit 31 – Agency Police Services (APSU): Consists of all positions granted Police powers involved in the protection of persons and property; enforcement of laws, codes, rules, and regulations concerned with safety at the State Universities and in State parks and forests; and activities related directly or indirectly to enforcement of the Conservation Law.

.127 Negotiating Units 61 and 91 – Security Supervisors Unit (SSPU):

1. Negotiating Unit 61 (arbitration) – Supervisory positions that are responsible for the supervision of subordinate Security Services Unit staff involved in the protection of persons and property and the security aspects of correctional institutions. The non-police title of Correction Lieutenant is assigned to this unit.
2. Negotiating Unit 91 (non-arbitration) – Security titles within this unit include Chief Safety and Security Officer, Chief Security Officer, and Security Services Assistant 3.

.128 Negotiating Unit 67 – Rent Regulation Services Unit (RRSU): Consists of positions in the Division of Housing and Community Renewal that assist in the administration of New York City rent control and stabilization. The unit includes rent examiners and inspectors, and positions found in other negotiating units such as and attorneys and office assistants.

.2 PROCEDURE 

.210 Designation Procedure

.211 The Division of Classification and Compensation assists the Governor's Office of Employee Relations (GOER) on issues related to the Negotiating Unit designation for classes of positions (default description) and individual positions within classes (done on an exception basis). Such determinations are rendered based on the understanding of the class of positions or individual positions in terms of duties and responsibilities as compared to the existing Negotiating Units and the criteria for Managerial/Confidential (M/C) designation.

.212 When proposing new classes, operating agencies must initially choose the Negotiating Unit or M/C designation. The Division of Classification and Compensation will then assess the agency request in accordance with the above noted and applicable statutory criteria, and issue an administrative determination (NYSTEP negotiating unit code) with its classification determination. Unless changed at the request of GOER or by order of PERB, this determination becomes the default determination for all future positions in the class.

.213 For individual vacant positions for which a default Negotiating Unit determination exists, agencies wishing to change such determination must present rationale to the Division of Classification and Compensation for review. Requests to change the Negotiating Unit for a filled position must be sent to GOER.

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TM-72
Replaces Sections 0830; 0840; 0850(B); 0850(D); 0870; 0870(A); 0870(B); 0870(C); 0870(E); 0870(F) -  Dated August, 2008
Replaces 0860 - Dated December 18, 2014

Issued: August 6, 2018

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