2011-2015

PROFESSIONAL, SCIENTIFIC

AND

TECHNICAL SERVICES UNIT

AGREEMENT

 

 

Article 7

Compensation

            The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to provide the benefits below:

7.1 2014-2015 Salary Increase

Effective March 27, 2014 for employees on the administrative payroll and April 3, 2014 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on March 26, 2014 and April 2, 2014 respectively shall be increased by two (2.0) percent.

            7.2   2014-2015 Salary Schedule

Effective March 27, 2014 for employees on the administrative payroll and April 3, 2014 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on March 26, 2014 for employees on the administrative payroll and April 2, 2014 for employees on the institutional payroll increased by two (2.0) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on March 26, 2014 for employees on the administrative payroll and April 2, 2014 for employees on the institutional payroll increased by two (2.0) percent.

7.3 Promotions

(a) Employees promoted or otherwise advanced to a higher salary grade shall be paid at the hiring rate of the higher grade or will receive a percentage increase in base pay determined as indicated below, whichever results in a higher salary.  For purposes of this section, “base pay” shall include any performance award(s) received during the 12 month period immediately preceding the promotion.

 

    For a Promotion of                   An Increase of

1 grade                                    3.0%

2 grades                                   4.5%

3 grades                                   6.0%

4 grades                                   7.5%

5 grades                                   9.0%

 

(b)  Reallocations and Reclassifications

            Employees in positions which are reallocated or reclassified to a higher salary grade shall receive an increase in pay determined in the same manner as described for promotions.

             7.4 Applicability to Hourly, Part-time and Per Diem Employees

             All of the above provisions shall apply on a pro rata basis to employees paid on an hourly or per diem basis or on any basis other than at an annual rate, or to employees paid on a part-time basis. The above provisions shall not apply to employees paid on a fee schedule.

            7.5 Performance Advances

            (a) Subject to the provisions of sub-sections 7.5(b) through 7.5(d) below, salary adjustments between the hiring rates and job rates of the salary grades shall be paid to eligible employees in accordance with eligibility standards, procedures, and other provisions of the PS&T Unit Performance Evaluation System.

            (b) Performance advances will be payable to eligible employees on April 1 of the fiscal year immediately following completion of each year of service in grade. Performance advances, except those to job rate, shall be equal to the dollar amounts shown under the column “Advance Amount” in the applicable salary schedule contained in Appendix I. Performance advances to job rate shall be equal to the dollar amounts shown under the column “Job Rate Advance” in the same salary schedule.

            Employees hired or promoted on or after April 2 and through October 1 will have a performance advance anniversary date of October 1.  Employees hired or promoted on or after October 2 and through April 1 will have an April 1 performance advance anniversary date. All hired or promoted employees will be required to serve at least one year before receiving their performance advance. Once the performance advance is received, subsequent performance advances will begin on the appropriate performance advance anniversary date of either October 1 or April 1. The creation of a second performance advance anniversary date will continue the practice that all employees will serve at least one year before the performance advance is paid but no employee will wait longer than one and one-half years.

(c) An employee’s salary may not exceed the job rate as a result of a performance advance.

(d) The State/PEF Memorandum of Understanding Concerning Performance Evaluation and Performance Advances shall be amended to incorporate the necessary revisions to comply with the provisions of this article.

7.6 Performance Awards

(a)  2011-2012

(1) Each employee who as of March 31, 2012, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2011 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2012, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2011 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

(b)  2012-2013

(1) Each employee who as of March 31, 2013, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2012 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2013, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2012 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

(c)  2013-2014

(1) Each employee who as of March 31, 2014, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2013 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2014, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2013 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

            (d)  2014-2015

(1) Each employee who as of March 31, 2015, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2014 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2015, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2014 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

(e)  2011-2012 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2012, or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April 2012.

2012-2013 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2013 or a pro rata share of that amount for employees in part-time status on that date, and shall be paid in April 2013.

2013-2014 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of  March 31, 2014 or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April 2014.

2014-2015 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2015 or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April 2015.

            (f) Employees otherwise eligible to receive payment of Performance Awards who, on the March 31 eligibility date, are on authorized leave of absence without pay (preferred list, military leave, workers’ compensation leave, or approved leave of absence) shall, if they return to active payroll status within one year of the March 31 eligibility date, be eligible for such payment in full if in full-time status immediately prior to such leave or shall be eligible for a pro rata share of such payment if in part-time employment status immediately prior to such leave.

            7.7 Recall and Inconvenience Pay and Locational Compensation

            (a) Except as otherwise hereinafter specifically provided, the present recall pay and inconvenience pay and locational compensation programs will be continued.

            (b) Effective April 2, 2007, the inconvenience pay program will be $575 per year to employees who work four (4) hours or more between 6:00 p.m. and 6:00 a.m., except on an overtime basis, as provided in Chapter 333 of the Laws of 1969 as amended.

            (c) Those employees in Monroe County who were receiving $200 location pay on March 31, 1988 will continue to receive such location pay throughout this Agreement as long as they remain otherwise eligible. Employees in New York City, Nassau, Rockland, Suffolk and Westchester counties who would have been eligible to receive location pay if it had continued will receive a downstate adjustment in lieu of location pay.  Employees in Orange, Dutchess and Putnam counties will receive the Mid-Hudson adjustment.

(d) The downstate adjustment is $3,026 and the Mid-Hudson adjustment is $1,513

7.8 Holiday Pay

 (a) Any employee who is entitled to time off with pay on days observed as holidays by the State as an employer will receive at the employee’s option additional compensation for time worked on such days or compensatory time off. Such additional compensation, except as noted in 7.8(c) below, for each such full day worked will be at the rate of 1/10 of the employee’s biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, locational, inconvenience, shift pay and the downstate or Mid-Hudson adjustment as may be appropriate to the place or hours worked. In no event will an employee be entitled to such additional compensation or compensatory time off unless the employee has been scheduled or directed to work.

(b) An employee electing to take compensatory time off in lieu of holiday pay shall notify the appropriate payroll agency in writing between April 1 and June 15, 2012, of the employee’s intention to do so with the understanding that such notice constitutes a waiver for the term of this Agreement of the employee’s right to receive additional compensation for holidays worked; provided, however, that an employee shall have the opportunity to revoke such waiver or file a waiver, if the employee has not already done so, by notifying the appropriate payroll agency in writing between April 1 and May 15 in each year of this Agreement of the employee’s revocation or waiver, in which event such revocation or waiver shall remain in effect for the remainder of the term of this Agreement. 

(c) Any employee who is entitled to time off with pay on days observed as the Thanksgiving Day or Christmas Day holidays by the State as an employer, will receive at the employee’s option additional compensation for time worked on such days or holiday compensatory time off. Such additional compensation for each such full day worked will be at the rate of 3/20 of the employee’s biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, locational, inconvenience, shift pay and the downstate or Mid-Hudson adjustment as may be appropriate to the place or hours worked. Holiday compensatory time credited for time worked on such days shall be calculated at the rate of time and one-half.  The maximum number of hours of holiday compensatory time credited for work on such days is 11.25 for 7.5 hours worked or 12 hours for 8 hours worked. In no event will an employee be entitled to such additional compensation or holiday compensatory time off unless he/she has been scheduled or directed to work. Pursuant to Article 12, Section 12.1(c) of this Agreement, such compensation for the Christmas holiday in any calendar year where December 25 falls on a Sunday shall only be paid for work on December 25.

7.9 Lag Payroll

(a) The “lag payroll” instituted in the 1982-85 Agreement shall remain in effect. When employees leave State service, their final salary check shall be issued at the end of the payroll period next following the payroll period in which their service is discontinued. This final salary check shall be paid at the employee’s then current salary rate.

(b) The salary deferral program instituted by legislative action in 1990, and implemented in 1991, shall remain in effect for all employees. Employees newly added to the payroll shall have five days of salary deferred pursuant to the provision of Chapter 947 of the Laws of 1990, as amended by Chapter 702 of the Laws of 1991.

Employees shall recover monies deferred under this program at the time they leave State service, pursuant to the provisions of Chapter 947 of the Laws of 1990, as amended by Chapter 702 of the Laws of 1991.

7.10 Overtime Compensation

            (a) Compensation for overtime work will continue to be subject to all applicable statutes, rules and regulations, except that on and after October 1, 1990, all positions in the PS&T Unit allocated or equated to grades 22 and below shall be deemed to be eligible to receive overtime compensation.

            (b) However, for the purpose of earning and payment of overtime compensation, an absence charged to sick leave accruals during a workweek shall be treated as follows:

1.      when mandatory overtime is worked, a scheduled absence charged to sick leave accruals is time worked;

2.      when mandatory overtime is worked, an unscheduled absence charged to sick leave accruals is time worked;

3.      when voluntary overtime is worked, a scheduled absence charged to sick leave accruals is time worked;

4.      when voluntary overtime is worked, an unscheduled absence charged to sick leave accruals is not time worked with respect to all hours of voluntary overtime worked up to the amount of absence charged to sick leave accruals in that workweek.

7.11 Hazardous Duty Pay

            Effective April 2, 2007, eligible employees shall be paid a hazardous duty differential of $0.75 per hour, pursuant to the provisions of Civil Service Law Section 130.9.