APPENDIX V
ROSWELL PARK CANCER INSTITUTE
I. Application
of the Agreement
This Appendix applies to all employees of the Roswell Park Cancer Institute (hereinafter RPCI) assigned to the Professional Scientific & Technical Unit (hereinafter PS&T Unit) as provided by Public Authorities Law Section 3558.
The provisions of the 2003-2007 2007-2011
PS&T Unit Agreement between the Public Employees Federation and the State
of New York (hereinafter “Agreement”) and the benefits contained therein shall
apply to PS&T Unit employees of RPCI, except as modified and/or as
clarified herein.
The parties agree that nothing in this Appendix waives any right that either party may have pursuant to the Public Authorities Law Sections 3550-3573.
Article 7:
With
respect to Article 7.14 7.13 the inconvenience pay program will be
continued for RPCI employees on the same basis and in the same amount as
available to other PS&T Unit members.
In addition, a Nurse 1, Nurse 2, or Clinical Nursing
Supervisor, (a) who is required to work an evening shift, four or more hours of
which fall between 6 p.m. and 6 a.m., shall be paid a shift differential of not
less than $1.50 per hour times the total number of
hours on the shift, for each shift worked; or (b) who is required to work a
night shift, four or more hours of which fall between 6 p.m. and 6 a.m., shall
be paid a shift differential of not less than $1.75 per hour times the total
number of hours on the shift, for each shift worked.
In
addition, a Nurse 1, Nurse 2, or Clinical Nursing Supervisor, Clinical Research Nurse, Nurse II Per Diem, Nursing
Staff Development Instructor, Ambulatory Nursing Supervisor, Nurse
Administrator, or Case Manager, who is regularly assigned or
otherwise: (a) who is
required to work an evening shift, four or more hours of which fall between 6
p.m. and 6 a.m., shall be paid a shift differential of not less than $1.75 per hour times the total number of hours
on the shift, for each shift worked; or (b) who is required to work a night
shift, four or more hours of which fall between 6 p.m. and 6 a.m., shall be
paid a shift differential of not less than $2.00 per hour times the total number of hours on
the shift, for each shift worked. When an
employee works a schedule that crosses shifts, the shift differential for all
hours worked shall be computed based on the hourly rate applicable to the
majority of hours actually worked. In
the event that the hours worked result in an equal number of hours in different
shifts, the shift differential for all hours worked shall be computed at the
higher of the applicable shift differential rates.
In addition, a Nurse 1, Nurse 2, Clinical Nursing
Supervisor, Clinical Research Nurse, Nurse II Per Diem, Nursing Staff
Development Instructor, Ambulatory Nursing Supervisor, Nurse Administrator, or Case Manager, who is
required to work a weekend shift, four or more hours of which fall between 11
p.m. Friday and 6 a.m. Monday, shall be paid the following weekend
differentials: (a) for the day shift, four or more hours of which fall between
6 a.m. and 6 p.m., shall be paid a weekend differential of not less than $1.50
per hour times the total number of hours on the shift, for each shift
worked (b) for the evening shift, four
or more hours of which fall between 6 p.m. and 6 a.m., shall be paid a weekend
differential of not less than $1.25 per hour times the total number of hours on
the shift, for each shift worked, in addition to regular evening shift
differential; or (c) is required to work a night shift, four or more hours of which
fall between 6 p.m. and 6 a.m., shall be paid a weekend differential of not less than $1.75 per hour times the total
number of hours on the shift, for each shift worked, in addition to the regular
night shift differential.
Notwithstanding an employee’s regular assignment, payment of the weekend
differential to an employee shall be governed by the employee’s actual hours
that meet the eligibility conditions as stated above. When an employee works a weekend
schedule that crosses shifts, the weekend differential for all hours worked
shall be computed based on the hourly rate applicable to the majority of hours
actually worked. In the event that the
weekend hours worked result in an equal number of hours in different shifts,
the weekend differential for all hours worked shall be computed at the higher
of the applicable differential rates.
With respect to Article 7.14(b), in addition to the options enumerated in
this section, RPCI employees, when first hired, may elect to receive
compensatory time off in lieu of holiday pay.
After making such election, all other aspects of Article 7.14(b) shall
apply.
Article 12:
With respect to Article 12, RPCI service shall be counted as State service and State service shall be counted as RPCI service.
With respect to Article
12.1(d) substitute “RPCI “ for “State”.
With respect to Article 12.5(b), substitute the following:
Eligible employees shall receive
additional vacation credit on the date on which they would normally be credited
with additional vacation in accordance with the above schedule and shall
thereafter be eligible for additional vacation credit upon the completion of
each additional 12 months of continuous State and RPCI service.
With
respect to Article 12.15, RPCI employees shall be allowed a maximum of four (4)
professional leave days per year subject to the provisions of Article 12.15.
With
respect to Article 12.19, substitute “Rules and Regulations of the RPCI Merit
Board effective on
With respect to
the MOU on Leave Donation/Exchange Program, the benefit described in the MOU is
available to RPCI employees. However,
RPCI employees may only donate to and receive from other RPCI employees. RPCI employees are not eligible to donate to
or receive from employees who work in agencies of the State of
Article
13:
With respect to Article 13, substitute,
“the State Insurance Fund or the appropriate carrier” for “the State Insurance
Fund.”.
Article
16:
In Article 16 substitute the “Merit Board
or its designee” for the “Department of Civil Service.”
Article
17:
With
respect to Article 17, the words “Director of Classification and Compensation”
mean “RPCI Director of Classification and Compensation.”
With
respect to Article 17.1, the last sentence shall be read as follows: “in
accordance with the provisions of the Roswell Park Cancer Institute Corporation
Act, RPCI Merit Board Rules and Regulations, and applicable Civil Service Law,
Rules and Regulations.”
With
respect to Article 17.3(a), the grievance shall be initially filed with the
head of RPCI or a designee, with no simultaneous filing necessary.
Article
25:
With respect to the last sentence of
Article 25.1, “pursuant to Section 3556(8) of the Public Authorities Law and
applicable provisions of the Civil Service Law” shall be substituted for
“pursuant to Section 80 or 80-a of the Civil Service Law.”
Article
31:
With respect to Article 31.1(a) and
31.1(b), delete the last sentence of both subsections.
Article 33:
With respect to
Article 33.5(f)(6), in any cases involving Roswell Park Cancer Institute, the
AAA must appoint the disciplinary arbitrator from a Select Panel of Arbitrators
jointly agreed to by the State and PEF who shall be appointed to those cases on
a rotating basis and shall serve for the term of this Agreement.
With respect to the
Memorandum of Understanding Concerning Performance Evaluation and Advances, Section III (D)(1) and (2),
substitute the following language:
D. Employees whose summary rating is below "Effective" shall be entitled to appeal such rating as described below:
1. To an appeals committee consisting of
three persons, one each designated by RPCI and PEF and the third member by
agreement of RPCI and PEF which shall render a final determination on the appeal.
An appeal to the appeals committee must be submitted within 15 calendar days of
the receipt of the evaluation.
II.
RPCI Clinical Practice Plan
1. RPCI
shall provide the office space, clinical support services and facilities for
Plan members to perform the professional clinical practice of medicine or
dentistry at no charge to the Plan or to Plan members.
2. The
cost of the Plan’s use of facilities at RPCI for the administrative operations
of the Plan shall be considered Plan expenses and payable from Plan income.
3. Nothing
contained in the Plan shall be construed to allow actions by the Plan which are
inconsistent with the mission of RPCI and with the requirements of applicable
statutes, rules or regulations.
4. Policies
and procedures consistent with applicable statutes and the RPCI Clinical Practice Plan Regulations, which were
adopted
5. The
Plan shall coordinate the scheduling of services by Plan members through the
RPCI CEO or his/her designee.
B. Governance
1. The
Plan shall have a facility-based Governing Board, which shall consist of seven
members. Two members shall be elected by simple majority vote from the
membership of the Plan for a two-year term. Four members shall be appointed by
the RPCI CEO from the membership of the Plan for a two-year renewable term. The
RPCI CEO shall be the seventh voting member of the Board. Procedures for the
election of members of the Board, which shall provide for secret ballots and
equal voting rights for Plan members, except for associate members, shall be
established by the RPCI CEO and the President of the Medical Staff.
2. The
powers and duties of the Governing Board shall be to establish the
administrative and financial direction of the Plan and to oversee the
management of the Plan. This includes at least:
A. the
development and promulgation of operating procedures for the orderly
transaction of its functions including, but not limited to, quorums, officers,
and meetings of the Board;
B. the duty
to ensure that Plan income is maintained in separate accounts established by
and for the Plan and not commingled with any other funds;
C. the
provision of centralized billing and collection services for the Plan;
D. the
development of policies and procedures for the maintenance of the special funds
required by the Plan;
E. the
development of policies and procedures to ensure proper accounting, auditing
and reporting of the collection and disbursement of Plan income, consistent
with Part F of this document.
C. Membership
in the Plan
1. Employees of RPCI who perform the
professional clinical practice of medicine or dentistry for which a fee is customarily
paid (except for interns, residents or fellows) shall be members of the Plan
and those members who work 50 percent time or more at RPCI shall have full
voting rights in Practice Plan Governing Board elections.
2. Other
RPCI employees who are licensed health professionals performing patient care
services for which a fee is customarily paid may, at their request and, upon
the approval of the Board after consultation with the Director of the
Governor’s Office of Employee Relations become Plan associate members without
voting rights in Board elections. Notice of a final determination on any
request by an employee for associate member status shall be provided to the
President of PEF or his/her designee at the same time that notice is provided
to the employee.
3. Practice
Plan Membership shall be terminated “for cause” when a Practice Plan member’s
clinical privileges or medical staff membership have been suspended or
terminated in writing by the CEO after an internal RPCI hearing, if requested,
pursuant to the RPCI medical staff bylaws. Termination of clinical privileges
or medical staff membership for any reason shall result in termination of
Practice Plan membership.
4. Term
appointments for Practice Plan members who are new employees in the PS&T Unit:
A. Any
newly appointed employee within the PS&T Unit at RPCI eligible to be a
member of the Practice Plan may, at the discretion of the RPCI CEO, be given a
term appointment or consecutive term appointments up to, but not to exceed, a
date 30 days prior to the maximum probation period for that position as
provided pursuant to the Merit Board rules. During such term appointment(s),
that employee may not be removed from employment at RPCI except as provided in
Section 4.3(f)(6) of the RPCI Clinical Practice Plan Regulations, which were
adopted
B. This
provision does not constitute a waiver of any of the rights of employees in the
PS&T Unit under the Civil Service Law, the Roswell Park Cancer Institute
Corporation Act or any rules and regulations promulgated pursuant to those
laws.
D. Plan
Income
1. Plan
income is that derived from fee billing (clinical income) by the Plan for
clinical services provided by Plan members and associate members at or through
RPCI.
2. Income
received from Health Research, Inc. as reimbursement to the Practice Plan for
services performed by a member of the Practice Plan in conjunction with grants
or contracts of Health Research, Inc. at RPCI (“grant revenue”) shall be
considered Plan income and shall be earmarked and applied to that member or
associate member’s annual compensation as determined by the CEO. In the event
that not all of the earmarked grant funds are applied to the member’s or
associate member’s annual compensation, the remainder shall be transferred to
the RPCI CEO’s Fund and shall be disbursed at the request of the member or
associate member subject to a determination by the CEO that the disbursement
requested is for the benefit of the academic and research programs at RPCI.
3. In no
event shall individual Plan members or associate Plan members bill separately
outside of the Plan for fees for professional services unless approved by the
RPCI CEO and the Governing Board.
4. State
base annual salary, royalties, prizes and awards for professional excellence,
honoraria for lectures and income unrelated to patient care are not considered
Plan income.
E. Compensation
Plan members shall be eligible to receive
compensation from the Plan (subject to the availability of funds pursuant to
Part G of this document) as follows:
1. Base Salary and Supplement
A. Plan
members as defined in Part C.1 of this document shall receive the base salary
specified by the State of
B. Eligibility
for and the amount of supplemental compensation above the base level shall be
determined by the RPCI CEO at least once in each calendar year. In determining
the total of the base salary and supplement the RPCI CEO shall also consult
with the member’s Chairperson, and the Senior Vice President for Clinical
Affairs or designee and shall also consider job performance such as: (1) the
extent and quality of clinical research, educational and administrative
activities; (2) academic and scholarly productivity as measured by the quality
of publications, success in obtaining peer reviewed grants and recognition by
the scientific community outside of RPCI; (3) effectiveness of interactions
with other Institute departments and disciplines that promote progress in areas
of high priority to the Institute; (4) service on Institute committees,
participation in community outreach and other professional services to the
community; and (5) performance in leadership roles that foster the goals of the
Institute.
Each member shall be provided with an annual
written statement setting the allowable compensation that member may earn,
including State base annual salary and supplement from Plan income.
C. Other RPCI
employees who are Plan associate members, as defined in Section C (2) of this
document, may receive, in addition to State base annual salary, Plan supplement
sufficient, when added to the State base annual salary, to be competitive with
salaries of persons performing the same or comparable patient care duties in
Western New York State.
D. Insufficient
Plan Income.
In the event Practice Plan income is insufficient
to assure payments of the
supplemental income to all members entitled to such payment, such
supplemental compensation may be reduced in accordance with the provisions of
Section 4.3(e)(iii) of the RPCI Clinical Practice Plan Regulations, which were
adopted
2. Maximum Compensation
A. Part C
(1) Plan members will also be eligible for compensation to a maximum level
which includes the base plus supplemental income. The maximum compensation for
eligible Plan members shall not exceed the 80th percentile of the compensation
levels for full-time faculty rank in the same or comparable professional
discipline receiving base and supplemental components for the Northeastern
Region of the
B. Eligibility
for and the amount of the maximum compensation shall be determined by the RPCI
CEO at least once in each calendar year using the same criteria specified in
Section E.1.B, and evaluation of external market considerations and other
appropriate criteria. Particular emphasis may be placed on the quality and
extent of clinical activities.
3. Fringe Benefits
A. The
Governing Board of the Plan shall recommend fringe benefit policies which it
determines are in the best interests of the Plan to be paid from Practice Plan
income for approval by the Finance Committee of the Board of Directors of RPCI
after consultation with the Director of the Governor’s Office of Employee
Relations. Plan members are also entitled to the fringe benefits provided by
law, rule, regulation or the applicable collective bargaining agreement, except
that Plan members may elect to join the SUNY optional retirement program under
the conditions established by Public Health Law Article Section 206 (14) as
amended in 1992.
B. Notice
of any changes in fringe benefits available to Plan members to be paid from
Plan income shall be provided to the President of PEF or his/her designee at
the same time notice is provided to Plan members.
F. Accounting,
Auditing and Reporting Requirements
1. The
Plan shall have a central billing and accounting system. The accounting system
shall record transactions and develop financial reports involving the
collection and disbursement of Plan income in accord with generally accepted
accounting principles.
2. The Plan
shall have a financial reporting system under which all accounts and financial
reports shall be available in accordance with the Roswell Park Cancer Institute
Corporation Act and applicable regulations.
3. The
Plan shall provide each member with a quarterly report of the amounts billed as
a result of the individual member’s clinical practice.
4. The
Plan shall be audited annually by an independent certified public accountant
chosen by the Governing Board, to determine whether the operations of the Plan
have been conducted in accordance with generally accepted accounting
principles, to ensure the provisions of the Plan for the management and
disbursement of Plan income have been followed and to ensure that supplementary
guidelines for disbursement of clinical practice income have been followed.
5. The
Governing Board shall make available for inspection a copy of the annual audit
to each member of the Plan.
G. Plan
Income Disbursement
Plan income shall be disbursed in the following
priority order, subject to the availability of funds sufficient for each
purpose:
1. Five
percent of the gross clinical practice income collected by the Plan shall be
deposited into a fund established by the Plan entitled “RPCI CEO’s Fund.”
Disbursements from this fund shall be at the discretion of the RPCI CEO for the
benefit of clinical, research and academic programs at RPCI.
2. Payment
of administrative expenses of the Plan in accordance with the Plan’s
administrative budget to include but not limited to, where applicable, rent,
equipment and supplies, telephones, the Plan’s billing and collection services
and other contractual services and the Plan’s audit expenses.
3. Payments
to members in accordance with Section E.1.A. and E.1.B. above and to associate
members in accordance with Section E.1.C. above.
4. Payment to members in accordance with
Section E.2.A. above. No such payments shall be made until the annual audit is
complete.
5. Capital
Costs of the Plan as established by the Governing Board of the Plan.
6. After
payment of all costs listed above, the residual funds shall be deposited in the
“RPCI Development Fund.” The funds shall be used for academic development
purposes, such as the purchase of professional journals, travel and research
and teaching support, but not for salary supplementation, pursuant to a list of
bona fide uses of these funds developed by the Governing Board. No
disbursements shall be made by the Plan from this fund until the fiscal year is
closed and the annual audit is completed. Disbursement of such funds shall be
at the discretion of the RPCI CEO (50 percent) and the Department chairpersons
(50 percent); allocations among Department chairpersons shall be in proportion
to the revenues generated by each of the Departments.
H. Grievance
Procedures
1. Appeals of Disputed Salary Determinations
A. PS&T
Unit Practice Plan members may appeal an unsatisfactory salary determination
made pursuant to Part E of this side letter under the following procedure.
B. A three
(3) member committee consisting of one (1) board member selected by the RPCI
CEO, one (1) board member selected by the appellant and one (1) Practice Plan
member physician mutually agreed upon by the RPCI CEO and the appellant, shall
consider the appeal, submitted either orally or in writing, and make a written
recommendation to the RPCI CEO. A copy of that recommendation will be provided
to the appellant at the same time it is provided to the RPCI CEO.
C. The RPCI
CEO shall, within 20 working days of receipt of the committee’s recommendation,
either accept or reject the recommendation and notify the committee and the
appellant of his/her decision.
D. A
unanimous recommendation of this committee which is accepted by the RPCI CEO is
final and may not be further appealed.
E. A
unanimous recommendation which is rejected by the RPCI CEO or a recommendation
of the committee which is not unanimous may be appealed, in writing, to the
Finance Committee of the Roswell Park Cancer Institute Corporation Board of
Directors. The written determination of
the Finance Committee is not subject to the grievance and arbitration
procedures of Article 34 of the State/PEF Agreement and will constitute the
final determination.
2. Non-Salary Disputes
Non-salary disputes are subject to the non-contract
grievance procedures and shall not be arbitrable.
III. Supplemental and Bonus
Compensation
A.
Supplemental and Bonus Compensation for Faculty Level Research
Scientists:
1. Affiliate
Members, Assistant Members, Associate Members, Members (hereinafter Members)
and Facility Directors shall be eligible to receive supplemental compensation
as follows:
a. In addition to base salary,
Members and Facility Directors may receive supplemental compensation up to or
equal to 50 percent of the individual’s base annual salary. Such supplemental compensation shall be paid
on a biweekly basis and included in the Member’s and Facility Director’s
regular paycheck.
b. Eligibility for and the amount of
supplemental compensation shall be determined by the RPCI CEO.
c. The RPCI CEO shall annually
evaluate whether supplemental compensation shall be awarded, and if so, in what
amount. The RPCI CEO shall consult with
the Chairperson or Chairpersons if appropriate, and the Senior Vice President
for Scientific Affairs, and shall consider one, some or all of the following
factors:
(i)
the extent and quality of research, educational and administrative
activities;
(ii)
grants received;
(iii)
academic and scholarly productivity as measured by quality of
publications, success in obtaining peer-reviewed grants and recognition by the
scientific community outside RPCI;
(iv)
effectiveness in promoting progress in areas of research that are of high
priority to RPCI;
(v)
performance in leadership roles that advance the goals, purpose and
mission of RPCI; and/or
(vi)
recruitment or retention needs.
d. Members and Facility Directors
may appeal an unsatisfactory supplemental compensation determination under the
following procedure:
(i)
A three (3) Member committee consisting of one (1) Member selected by the
RPCI CEO, one (1) Member selected by the appellant and one (1) Member mutually
agreed upon by the RPCI CEO and the appellant, shall consider the appeal,
submitted either orally or in writing, and make a written recommendation to the
RPCI CEO. A copy of that recommendation will be provided to the appellant at
the same time it is provided to the RPCI CEO.
(ii)
The RPCI CEO shall, within 20 working days of receipt of the committee’s
recommendation, either accept or reject the recommendation and notify the
committee and the appellant of his/her decision.
(iii)
A unanimous recommendation of this committee which is accepted by the
RPCI CEO is final and may not be further appealed.
(iv)
A unanimous recommendation which is rejected by the RPCI CEO or a
recommendation of the committee which is not unanimous may be appealed, to the
Finance Committee of the Roswell Park Cancer Institute Corporation Board of
Directors.
(v)
The determination of the Finance Committee is not subject to the
grievance and arbitration procedures of Article 34 of the State/PEF Agreement
and will constitute the final determination.
2. Affiliate Members, Assistant Members,
Associate Members, Members (hereinafter Members) and Facility Directors shall
be eligible to receive bonus compensation as follows:
a. Bonus compensation for
exceptional performance may not exceed 20 percent of any individual’s base
salary.
b. Eligibility for and the amount of
bonus compensation shall be determined annually by the RPCI CEO and shall be
based on:
(i)
exceptional research, academic or scholarly accomplishments; and/or,
(ii)
unusual success in obtaining grants and/or generating grant-based income.
c. The RPCI CEO shall consult with the
Chairperson or Chairpersons if appropriate, and the Senior Vice President for
Scientific Affairs in awarding bonus compensation.
3. Section III(A), regarding whether to grant supplemental or bonus compensation and/or the amount of the supplemental or bonus compensation, is not subject to the grievance and arbitration procedures of Article 34 of the State/PEF Agreement.
Where circumstances regarding recruitment or
promotion of a particular employee or employees warrant, RPCI may offer a
recruitment or promotion bonus, not to exceed 20 percent of base annual salary,
which will be paid as a lump sum in addition to base salary within the first
three months of employment or the first three months of the promotion with
RPCI. This Section B regarding recruitment or promotion bonuses shall not be
subject to the grievance and arbitration procedures of Article 34 of the
State/PEF Agreement.
Mr.
President
Public Employees Federation,
AFL-CIO
Dear Mr. Brynien:
During the negotiations
of Appendix VII to the 1999-2003 Agreement, a dispute arose between the
parties as to the appropriate application of Article 25 to PS&T Unit
members at RPCI. Specifically, the
parties disagreed regarding whether employees hired after
So as to bring
negotiations on the balance of Appendix VII to conclusion, the parties
have agreed to disagree on this issue and have further agreed that no position
taken or proposal made by either party during these negotiations shall be
raised against the other as an admission that either party agrees with the
other party’s interpretation of Article 25 and/or its appropriate application
to RPCI employees hired after January 1, 1999.
Sincerely,
John Currier
Deputy Director for Contract Negotiations and Administration
Governor’s Office of Employee Relations
Countersigned for PEF:
President
Dear Mr. Brynien:
During the negotiation of the 2003-2007
2007-2011Agreement between the State of
· Discuss the eligibility of other clinical care titles to receive shift
differentials and/or weekend differentials at the rate established in this
Appendix, Section 1.
· Discuss the hourly rate of pay for shift differentials and/or weekend
differentials established in this Appendix, Section 1.
· Review the current performance evaluation form and/or performance
evaluation system as it applies to the scientific faculty and discuss
development of and/or modification to such performance evaluation form and/or
system.
· Discuss the issue of individual and team-based approaches to
supplemental and bonus compensation.
· Discuss the issue of paying Registered Nurses in accordance with the “8
and 80” provision of Section 207(j) of the Fair Labor Standards Act (FLSA).
All recommendations for
modifications and/or changes made through this labor/management process cited
herein must be presented to the Governor’s Office of Employee Relations and the
President of the Public Employees Federation, or their designees, for their
joint review and approval before implementation.
Sincerely,
John
Currier
Deputy Director for Contract Negotiations and Administration
Governor’s Office of Employee Relations
Countersigned for
PEF:
President
Mr.
President
Public Employees Federation,
AFL-CIO
Dear Mr. Brynien:
Although
the current insurance carrier for Workers’ Compensation
The parties agree to meet as soon as practicable with representatives from Roswell Park Cancer Institute and the insurance carrier to ensure that the benefits provided by the insurance carrier are pursuant to the provisions of Article 13.
Sincerely,
John Currier
Deputy Director for Contract Administration and Negotiation
Governor’s Office of Employee Relations
Countersigned for PEF:
President
President
Mr.
President
Public Employees Federation, AFL-CIO
Dear Mr. Brynien:
During the negotiation of the 2007-2011 Agreement
between the State of New York and the Public Employees Federation, the parties agreed
that the Chief Executive Officer of Roswell Park Cancer Institute and the
President of the Public Employees Federation, or their designees, shall meet in
local labor/management in accordance with the provisions of Article 24,
Labor/Management Process as follows:
1) Meet, discuss, and attempt to reach agreement
regarding the modification of the RPCI performance evaluation system as it
applies to the scientific faculty. It is
understood and agreed that the terms of such an agreement reached pursuant to
the terms of this side letter may include modification of the Article 33 rights
of affected scientific faculty members in exchange for good and sufficient
consideration for these members as developed and agreed by the parties.
2) Meet, discuss and attempt to reach
agreement regarding the need for, parameters of, amounts and implementation of
a shift differential for Pharmacists and Medical Lab Technicians.
3) Meet, discuss and attempt to reach agreement
regarding the implementation of a pilot program to pay Nurse Practitioners and
Physician Assistants who work extra shifts beyond five in a pay week. The availability of any such additional
shifts will be dependent upon the operational needs, and solely at the discretion
of, the Institute. Should the parties
successfully negotiate such a pilot program, it shall sunset at the conclusion
of the 2007-11 State/PEF Agreement unless extended by mutual agreement of the
parties.
4) Any proposed agreement reached by the parties
with respect to the matters contained in paragraphs one, two or three above
must be presented to the Governor's Office of Employee Relations and the
President of the Public Employees Federation, or their designees, for their
joint review and approval before implementation.
5) The parties agree to
meet within 90 days of ratification of this agreement to begin work on these
issues, and any agreements shall be implemented as soon as practicable.
Sincerely,
John Currier
Deputy Director for Contract Administration and Negotiation
Governor’s Office of Employee Relations
Countersigned for PEF:
President