2007-2011

PROFESSIONAL, SCIENTIFIC

AND

TECHNICAL SERVICES UNIT

AGREEMENT

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE STATE OF NEW YORK

AND

THE PUBLIC EMPLOYEES FEDERATION

AFL-CIO

CONCERNING

PERFORMANCE EVALUATION AND

PERFORMANCE ADVANCES

I. The PS&T Unit Performance Evaluation System and the payment of performance advances to PS&T Unit employees shall be subject solely to the provisions of this Memorandum. Payment of performance advances to PS&T Unit employees in accordance with the provisions of this Memorandum is acknowledged by the State and PEF to constitute full and complete compliance with the provisions of Article 7, Section 7.11 of the 2007-2011 State/PEF Agreement.

II. The State and PEF acknowledge that performance evaluation is a management prerogative, and that the State has the full and complete authority to exercise its prerogative to evaluate its employees so long as it does so in a manner not inconsistent with any of the provisions of paragraphs III A through D below.

III. The PS&T Unit Performance Evaluation System shall include the following elements:

A. Each employee shall be provided with a written Performance Program at the beginning of his/her evaluation period.

B. Performance evaluation shall occur at the end of the evaluation period, shall be based on the employee's Performance Program, and shall include both a narrative discussion of the employee's performance and a summary rating.

C. An employee may attach written comments to his/her Performance Program and/or Performance Evaluation.

D. Employees whose summary rating is below "Effective" shall be entitled to appeal such rating as described below:

1. First, to an agency-level appeals committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall make a non-binding recommendation to the agency head. An appeal to the agency-level appeals committee must be submitted within 15 calendar days of the receipt of the evaluation.

2. Second, if the decision of the agency head is to deny the first-level appeal, to a State-level committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall render a final determination on the appeal. An appeal to the State-level appeals committee must be submitted within 15 calendar days of receipt of the determination of the agency head.

3. The employee shall have the right upon request to make a personal appearance before both appeals committees to present facts and make arguments in support of the appeal. The employee shall be entitled to PEF representation before both appeals committees if he/she so elects.

4. The appeal procedure described in this Section D shall not be applicable to employees who are in probationary status.

IV. Performance Advances shall be payable in accordance with the following provisions:

A. Performance advances are defined as salary adjustments between the hiring rate and job rate of an employee's salary grade.

B. Eligibility for performance advances shall be limited to employees in positions allocated to salary grades 1 through 37, and in unallocated positions equated for salary purposes to grades 1 through 37, except unallocated trainee positions.

C. Effective April 1, 1992, performance advances shall be one-seventh of the dollar value of the difference between the hiring rate and job rate of the salary grade to which the employee's position is allocated or equated.

D. Each employee shall be eligible to receive a performance advance upon completion of each year of service in grade in full employment status at a basic annual salary rate which is below the job rate of his/her salary grade if his/her performance at the completion of such year of service is rated at least "Effective" or its equivalent.

E. Performance advances shall be paid in accordance with the provisions of Article 7, Section 7.11 of the 2007-2011 Agreement.

F. No employee's basic annual salary rate shall exceed the job rate of the employee's salary grade as a result of the addition of a performance advance.

G. Merit Advances

Effective April 1, 2007, employees shall be eligible for salary adjustments from the job rate to a merit advance rate based on applicable eligibility criteria to be developed by agreement of the parties.  Effective April 1, 2010, the Merit Advance Rate Program shall be discontinued.

H. Promotion Adjustment:

Employees who are eligible for a performance advance in a lower salary grade but are promoted or appointed to a higher salary grade before receiving their next advance in the lower grade and who have not received an advance in the higher grade are entitled to a reconstructed promotion salary reflecting the performance advance which they would have been paid in the lower grade had the performance in that grade been rated at least "Effective" or its equivalent.

I. Reduction in Grade:

Service in a higher salary grade by employees who are appointed or demoted to a lower salary grade is creditable toward the service in grade requirement for a performance advance in the lower salary grade.

J. Evaluation periods for employees in positions of Institution Teacher, and positions in other titles subject to the provisions of Section 136 of the Civil Service Law shall be subject to an amended schedule to reflect the 10-month work year of these titles:

1. Employees in these titles whose work year is September 1-June 30 shall have an evaluation period of September 1-June 30.

2. Employees in these titles whose work year is a 10-month work year other than September 1-June 30 shall have an evaluation period consisting of 10 months commencing on the first day of their work year.

3. These employees shall receive performance advances if they are rated at least "Effective" or its equivalent, effective the first day of the work year immediately after the evaluation period.

4. Employees in these titles shall be eligible for performance advances after the completion of each evaluation period during which they have been in full pay status for at least 150 working days.

V. Any questions or disputes arising from the interpretation or implementation of this Memorandum, or any other questions or disputes arising from the administration of the PS&T Unit Performance Evaluation System, shall be subject to labor/management discussion at the Agency level and/or State level as appropriate as their sole and exclusive means of resolution.