2007-2011

PROFESSIONAL, SCIENTIFIC

AND

TECHNICAL SERVICES UNIT

AGREEMENT

MEMORANDUM OF INTERPRETATION

BETWEEN

THE STATE OF NEW YORK

AND

THE PUBLIC EMPLOYEES FEDERATION

CONCERNING

SEASONAL EMPLOYEES

1.  The following provisions of the 2007-2011 Agreement between the State and the Public Employees Federation, AFL-CIO representing employees in the Professional, Scientific and Technical Services Unit shall, to the extent they are applicable, be applied to employees in that unit in positions designated as "seasonal" positions:

2. Compensation

A. Salary Increases

Salary Increase for Fiscal Year 2007-2008

1. Effective on April 5, 2007 for employees on the administrative payroll and March 29, 2007 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 4, 2007 and March 28, 2007, respectively, shall be increased by three (3.0) percent.

2. Seasonal employees, not on the payroll on April 4, 2007 or March 28, 2007 as appropriate, but who were employed on a seasonal basis in fiscal year 2006-2007 and become reemployed during the 2007-2008 fiscal year, will be eligible for an increase of three (3.0) percent effective on April 5, 2007 for employees on the administrative payroll and March 29, 2007 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase for Fiscal Year 2008-2009

1. Effective on April 3, 2008 for employees on the administrative payroll and March 27, 2008 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 2, 2008 and March 26, 2008, respectively, shall be increased by three (3.0) percent.

2. Seasonal employees, not on the payroll on April 2, 2008 or March 26, 2008, as appropriate, but who were employed on a seasonal basis in fiscal year 2007-2008 and become reemployed during the 2008-2009 fiscal year, will be eligible for an increase of three (3.0) percent effective on April 3, 2008 for employees on the administrative payroll and March 27, 2008 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase for Fiscal Year 2009-2010

1. Effective on April 2, 2009 for employees on the administrative payroll and March 26, 2009 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 1, 2009 and March 25, 2009, respectively, shall be increased by three (3) percent.

2. Seasonal employees, not on the payroll on April 1, 2009 or March 25, 2009, as appropriate, but who were employed on a seasonal basis in fiscal year 2008-2009 and become reemployed during the 2009-2010 fiscal year, will be eligible for an increase of three (3) percent effective on April 2, 2009 for employees on the administrative payroll and March 26, 2009 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase for Fiscal Year 2010-2011

1. Effective on April 1, 2010 for employees on the administrative payroll and March 25, 2010 for employees on the institutional payroll, the basic annual salary of employees in employment status on March 31, 2010 and March 24, 2010 respectively, shall be increased by four (4.0) percent.

2. Seasonal employees, not on the payroll on March 31, 2010 or March 24, 2010, as appropriate, but who were employed on a seasonal basis in fiscal year 2009-2010 and become reemployed during the 2010-2011 fiscal year, will be eligible for an increase of four (4.0) percent effective on April 1, 2010 for employees on the administrative payroll and March 25, 2010 for employees on the institutional payroll or the date of hire, whichever is later.

B. Effect of Minimum Wage Level

If during the term of this Agreement the rate of compensation of any employee in a seasonal position is increased at the discretion of the Director of the Budget for the purpose of making such rate equal to the Federal minimum wage level, the provisions of Paragraphs A above shall be applied to such seasonal employee in the following manner:

1. The seasonal employee's rate of compensation shall remain at the adjusted rate established by the Director of the Budget from the effective date established by the Director of the Budget until the date of the next general salary increase provided for in Paragraphs A.

2. Effective on the effective date of the next general salary increase provided for in Paragraphs A such employee's rate of compensation shall be either the adjusted rate established by the Director of the Budget; or his/her rate prior to the adjustment, increased by the percentage provided for in the applicable paragraph, whichever is higher.

C. Inconvenience Pay and Locational Compensation

Effective April 2, 2007, seasonal employees are eligible for inconvenience pay and location compensation as provided in Article 7.13. 

D. Hourly and Per Diem

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

3. Holiday Compensation

(a) A seasonal employee not covered by the Attendance Rules who is regularly employed on a 37 1/2 or 40 hour per week basis who works at least 25 days during the season will be entitled to additional compensation at his/her hourly rate, up to a maximum of eight hours, for time worked on each of the first three (3) days during his/her employment in any seasonal period (4/1 to 9/30 and 10/1 to 3/31) which are observed as holidays by the State. Such compensation shall be paid retroactive upon completion of five weeks of work.

(b) A seasonal employee not covered by the Attendance Rules who is regularly employed on a 37 1/2 or 40 hour per week basis who works at least 25 days during the season and who have been so employed at least one of the two consecutive seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period will be entitled to additional compensation at their hourly rate up to a maximum of eight hours for time worked on days during their employment in the current seasonal period which are observed as holidays by the State.  Such compensation should be paid retroactively upon completion of five weeks work. 

(c) A seasonal employee who is entitled to time off with pay on days observed as holidays by the State as an employer and who has been scheduled or directed to work will receive additional compensation for time worked on such days.

4. Workers' Compensation Leave with Pay

A seasonal employee covered by the Attendance Rules shall be covered by Article 13 of the State/PEF Agreement.