The Public Sector, 1995 May

Online content

Local 1000, AFSCHME, AFL-CIO

Oficial publication of

Court of Appeals reinstates employee

WHITE PLAINS — In what CSEA Attorney
James Rose calls a “leading case”,
Westchester County officials have been
ordered by the Court of Appeals to reinstate
an employee after he was terminated due to
problems related to his alcoholism. The
county has also been ordered to reimburse
the employee more than three years of lost
pay.

George Adams (not his real name) said

Annual Pat Mascioli
Memorial Golf tournament
scheduled for Sept. 11

BEACON — Plans are underway for the
second annual golf tournament honoring the
late CSEA Southern Region President Pat
Mascioli, who died in March 1994, All
proceeds will benefit the Pat Mascioli
Memorial Scholarship Fund.

The tournament will be held Monday,
Sept. 11, at the Otterkill Country Club in
Orange County. The outing will include a
continental breakfast, lunch on the turn and
a roast beef dinner. Prizes will be awarded.

Anyone interested in sponsoring a hole for
$200 and/or organizing a foursome at $85
per person should contact Tournament Chair
Jeff Howarth after 5 p.m. at (914) 651-7591
or CSEA Southern Region Office Manager
Judy Morrison between 9 a.m to 5 p.m.
weekdays at (914) 831-1000.

that while he wants to share his story to
encourage other recovering alcoholics, he
preferred not to use his real name.

Adams, a laborer, was suspended due to
time and attendance problems in 1987. He
returned to work, but in 1989 again
experienced attendance and lateness
problems related to his alcoholism. But this
time, Adams asked for help from the county's
Employee Assistance Program which
arranged for him to be admitted to a 28-day
detoxification program, followed by a two
week out-patient program. In fact, his
department gave Adams permission to
participate in the program during work hours
and arranged for time off.

While Adams was still participating in the
program, county officials charged him with
47 time and attendance violations. At a
hearing later that year, Adams’ attorney,
James Rose, argued that Adams could not be
terminated under the New York State Human
Rights Law and the Federal Rehabilitation
Act for misconduct prior to his rehabilitation.
Although the hearing officer recommended a
60 day suspension, Adams’ department head
instead terminated him. An attempt to
appeal the termination was unsuccessful.

Atty. Rose took the case to New York's
highest court where the judges agreed that
Adams should not have been terminated due
to his disability under the Human Rights
Law and ordered him reinstated with back
pay. — Anita Manley

CSEA President Danny Donohue and
members of the Statewide PEOPLE
Committee have set a goal of becoming the
top AFSCME affiliate in PEOPLE
fundraising.

CSEA members make the
difference with PEOPLE contest

is in effect until the goal is reached.

A New Ford Escort Is The Grand Prize.
To become eligible for the grand prize, any
CSEA member who joins the PEOPLE
President's Club or a retiree who joins the
PEOPLE Retirees Club during the contest
period will have their name entered into a

New car contest incentive as CSEA aims to
become top AFSCME affiliate in PEOPLE

drawing. Additionally, any CSEA member
who recruits a CSEA member or a CSEA
retiree member to join PEOPLE, either
through check-off or direct contribution, will
have their name entered into the drawing for
the new Ford Escort as well. Each verified
application will give the recruiter a chance
in the drawing. The more members you
sign up, the more chances you have to
win.

For more details about the PEOPLE
program or to receive your supply of
applications, call

Cheryl Rosenzweig
Statewide PEOPLE Coordinator
(518) 436-8622 in the Albany area,
or 1-800-342-4146 ext. 404.

Deadline for
submitting
Constitution &
By-Laws changes,
resolutions is July 25

Proposed amendments to the.
CSEA Constitution & By-Laws and
proposed resolutions must be
submitted at least 90 days prior
to the Annual Delegates’ Meeting.
The deadline for submission is
July 25, 1995.

The proposals must be
submitted to Statewide Secretary
Barbara Reeves’ office at CSEA
Headquarters in Albany.

The 1995 Annual Delegates
Meeting will be held Oct. 23-27,
1995, in Lake Placid.

Changes made
in process for
submitting
resolutions

The following changes
recommended by CSEA’s Resolutions
Committee have been approved for
submitting proposed resolutions for
consideration of delegates to CSEA’s
Annual Delegates Meeting. The
changes are effective immediately.

O The resolution form has been
redesigned to be more user friendly.

O Resolutions must be typed or
printed legibly on the proper
resolution form. Resolution forms are
avialable from local presidents, CSEA
region offices and the office of the
statewide secretary at CSEA
Headquarters.

O Resolutions must be submitted
by a delegate.

O Resolutions should be submitted
as early as possible but must be
received in CSEA Headquarters no
later than 90 days prior to the Annual
Delegates Meeting.

O Fax copies will not be accepted.

OA letter will be sent to each maker
of a resolution from the committee
informing them of the status or
disposition of their resolution.

THE
PUBLIC

ecto.

Official publication of
The Civil Service Employees
Association, Inc. Local 1000, AFSCME,
AFL-CIO
143 Washington Avenue
Albany, New York 12210-2303
Danny Donohue, President

STANLEY HORNAK, Publisher
ROGER A. COLE, Editor
KATHLEEN DALY, Associate Editor

Send any comments, complaints,
stions or ideas that you have to the
Publisher, The Public Sector, 143 Washington
Avenue, Albany, NY 12210-2303,

May 1995 g

ANITA MANLEY

The Public Sector (USPS 0445-010) is published monthly by The Civil Service Employees
Association. Publication Office: 143 Washington Avenue, Albany, New York 12210.
Second Class Postage paid at Post Office, Albany, New York 12288.

Postmaster: Send address changes to: Civil Service Employees Association,

Attn: Membership Department, 143 Washington Avenue, Albany, New York 12210.

COMMUNICATIONS ASSOCIATES

SHERYL C. JENKS Region 1
(516) 462-0030
LILLY GIOIA Region 2

(212) 406-2156
Region 3
(914) 831-1000

DAN CAMPBELL Region 4
(518) 785-4400
MARK M, KOTZIN Region 5

(315) 433-0050

RON WOFFORD

Region 6
(716) 886-0391

STEPHEN MADARASZ Headquarters

(518) 434-0191

\pBORLCOMMUN cg»,
a

a =
7 “AELCIOICLS +

The Public Sector Committee

LONG ISLAND REGION Henry Jenny
METROPOLITAN REGION Jimmy Gripper (Chairman)
SOUTHERN REGION Tom Schmidt

CAPITAL REGION Marguerite Stanley
ITRAL REGION Bruce Damalt
TERN REGION James V, Kurtz

PAGE THREE

A message from
CSEA President Danny Donohue
Oklahoma City tragedy
a harsh reminder of the
dangers of public employment

All public employees share in the pain of
the tragic Oklahoma City bombing.

The sickening terrorist attack on the
Federal building there reminds us that
public employment can be dangerous. The
senseless act of terrorism added a horrific
number of public employees to the list of
victims who have died or been injured on the
job and occurred just nine days before the
annual observance of Workers Memorial Day.

The CSEA family will long remember the
events at Watkins Glen in October 1992
when four Schuyler County members were
murdered in cold blood while working in
their Department of Social Services offices.
Their killer was a “deadbeat dad” angered
that his wages has been garnished for failing
to pay child support. He simply walked into

the office unchallenged and killed
indiscriminately. The Schuyler County
employees were innocent victims, as were the
people in Oklahoma City.

The Schuyler County tragedy gives us
special insight into the agony being felt in
Oklahoma City. It also prompts us to renew
our efforts, mobilized since 1992, to promote
worksite security.

Labor and management must work
together jointly because it can quickly
become a maiter of life and death.

On April 21, I wrote Gov. George Pataki
asking him to implement Public Employee
Safety and Health (PESH) worksite standards
developed by the union.

The standards, a first-of-its-kind in the
nation, would require public employers to

evaluate the security of their worksites
periodically and then make appropriate
improvements. It is based on common sense
and would protect both public employees
and the general public.

The standard is currently being reviewed
by the state Labor Department. I urge Gov.
Pataki and Labor Commissioner John
Sweeney to put this measure on the “fast
track.” Its implementation will make all our
worksites safer since it would apply not only
to the state, but also to local governments
and school districts.

The time is now for this new standard to

go into effect.

Worksite Security Standard addresses
public facility security for employees, public

The unthinkable horrors of the Federal
Building massacre in Oklahoma City have
re-emphasized the importance of CSEA’s
efforts to improve worksite security
statewide.

Last fall CSEA led an initiative proposing
first-of-its-kind worksite security standards
for consideration by the state Labor
Department. In the wake of the Oklahoma
City crisis, CSEA President Danny Donohue
has urged Gov. George Pataki (see column
above) to give priority to the review of the
standards as one of the most effective ways
to immediately address public facility
security for employees and the general
public.

The Worksite Security Standard is based
largely on common sense. The standard
would require all public employers to
evaluate the security of their worksites
periodically and make appropriate
improvements. The standard does not
precisely specify what those improvements
have to be. There is a great deal of latitude
for employers to determine what is
appropriate and cost-effective.

CSEA believes that worksite security
requires a cooperative labor-management
responsibility at the local level, but the
standard ensures broad and consistent
guidelines to follow.

The standard’s other protections include
requiring a written security plan; proper
training of employees to deal with potential
problems and appropriate follow-up on
incidents.

CSEA's drive for safer worksites was
galvanized following the murder of four

Schuyler County Social Services members
in their office in 1992. Since then the union
has made site visits, conducted security
assessments and pursued improvements at
hundreds of sites across the state.

While it is impossible to totally secure all
worksites at all times, CSEA’s efforts have
demonstrated that there are steps that can
be taken. CSEA's safety and health
guidebook “Security in the Workplace”
details how to assess security and develop

cost-effective improvements.

The proposed security standard takes
this idea further on a statewide basis.

Dramatic events like the Oklahoma City
bombing and the Watkins Glen murders
help focus attention on the seriousness of
the security problem. But CSEA's efforts
also seek to address the problems of
assault and abuse that thousands of public
employees face in the worksite every day.

— Stephen Madarasz

Member dies in on-the-job mishap

SYRACUSE — Little more than 24 hours
prior to the union's first Statewide
Conference on Safety & Health, and less
than 40 minutes from the conference site,
CSEA Local 833 member Edward Cronk
lost his life in an on-the-job incident.

In his opening message to delegates at
the conference, CSEA President Danny
Donohue pointed out the incident's tragic
irony and said that Cronk’s death serves
as a grim reminder that safety and health
issues must not be taken for granted.

Cronk, 41, a worker for the Oswego
County Highway Department, apparently
died from drowning after falling into
several feet of water by a culvert that he
and three co-workers were clearing of
debris.

Donohue said that an initial
investigation by union Occupational
Safety and Health Representative John
Bieger, in conjunction with the state

Department of Labor, showed that proper
safety equipment, including life jackets,
were not being used in the culvert clearing
operation.

“CSEA will fully investigate this matter
to determine if proper safety procedures
were being followed,” Donohue said. “It’s
tragically ironic that I'm here today to join
fellow union activists who are here to
learn about safety and health on the job,
and we now have such a blatant reminder
of what can happen when such necessities
are ignored or disregarded.”

CSEA Central Region President James
Moore joined Donohue in his promise to
investigate the matter.

“CSEA extends its deepest sympathies
to Mr. Cronk’s family, friends and
co-workers,” Moore said, “and we vow to
do whatever we have to in order to ensure
that this type of tragedy never occurs
again.” — By Mark M. Kotzin

¢g f May 1995

Union
member
honored by
Onondaga
County

Worksite medical
emergency services
response program
helpful to co-workers

SYRACUSE — People trained
in saving lives often speak of
the “golden hour” — the critical
time period in emergency
medical response when a life
can either be saved or lost.

For CSEA Onondaga County
Local 834 activist Elmer
Crump, an electrician in the
county's Department of
Drainage and Sanitation and a
CSEA Unit grievance
representative, that time limit
was one reason he wanted to
establish a medical emergency
services response program at
his worksite.

That program has helped
several of his co-workers, and
now Crump, head of the
response program, has been
recognized by the county for
his efforts.

In 1993, Crump, a volunteer
firefighter and certified
emergency medical technician,
asked the department's safety
director to allow him to
establish an on-site rescue
service. He said he had the
desire, the knowledge and the
training, he just wanted the
county to provide the
materials.

“It took a lot of talking to
convince them that

LOCAL GOVERNMENT NEWS

Most recently, Crump says
he was paged to respond when
a co-worker was having
seizures. As soon as the
seizures subsided, Crump
monitored the person until an
ambulance arrived. He also
filled out an incident response
form for the county.

Crump has also used his
training as an American Red
Cross certified instructor to
teach on-site first aid and CPR
to his co-workers. He said
management has been very
helpful in providing employees
leave time to attend training.

“I've pushed about 40
employees through the
program this year,” he said
proudly. “I'm glad that people
take the interest in it.”

Crump has been recognized
several times for his efforts. He
received a letter of
commendation from the
Drainage and Sanitation
Department's personnel
director and won one of the
department's 1994 Special
Achievement Awards, which
the department's commissioner
and the county executive
recently presented to him.

Crump is proud of the

program's success

something was needed,” “This was and is looking
Crump says. “I've just forward to its
always been the type of expansion.
person that responded another The department
to people's needs, just way I has said it will
like my being a union could provide a used
representative. This rescue vehicle to
ue ee another way I serve my store STS EeCy
could serve my co- a equipment, and he
workers.” x co » _ hopes to be able to
The department workers’ | serve other worksites

listened and purchased
emergency equipment, such
as splints, oxygen supplies and
basic life support equipment.
Since then Crump and a co-
worker who is a paramedic
have responded to several
emergencies at the worksite.
One co-worker was overcome
with heatstroke and another
suffered a heart attack.

May 1995 g A 4

with the new truck.
He also hopes to get training
and rescue equipment for
confined space rescue
operations. Because of the
nature of drainage and sewer
maintenance work that many
of his co-workers perform, he
says this service would be very
useful,
— Mark M. Kotzin

CARMEL — Some Putnam
County employees credit their
county Wellness Program with
saving their lives.

Eileen Barrett, a committee
member, was one of 16 workers
who
discovered she
had skin
cancer after
the committee
helda
screening.

Another
worker went
to his doctor
after learning
his blood
pressure was
high and
found out he had prostate
cancer. Without the screening,
he might not have gone to his
own doctor at all.

Public Health Nutritionist
Lorraine Ciaiola, along with her
committee, is the driving force
behind the program.

“I felt there should be a
eee =m wellness
component
offered to the
employees,”
she said.
Personnel
Director Paul
Eldridge and
Assistant
Health
f#) Department
LE HW Director
Lorraine Ciaiola Loretta

Molinari, also
on the Wellness Committee,
proposed the idea to County
Executive Robert Bondi who
approved funding.

Each county department has
a representative on the
committee. Cooperation with
the community has been
exceptional. Many local
physicians and health

Eileen Barrett

programs have offered their
services for free. The committee
also has won grants for several
screening and prevention
programs from county HMOs
and the CSEA Unit.

Recent programs have
included skin cancer screening,
blood pressure and cholesterol
screening, a line dancing class,
a walking program, bicycling
for beginners and smoking
cessation.

A wellness newsletter
distributed to all county
employees highlights results of
screening programs, reminds
employees of upcoming
programs and events and
includes tips for dieting and
other health information.
Future programs include a
body fat analysis, vision and
hearing screening, prostate
cancer screening and
mammograms.

Unit President Dot Trottier is
an enthusiastic supporter and
active participant of the
program. She and Eileen
Barrett teach the smoking
cessation ae
program. ”

“Nine |
people have
stopped
smoking as
a result of
these
classes,”
Trottier said.

“We found
that most
employees
were happy
with the program,” said Ciaiola,
“enrollment has been higher
than anticipated and one
unexpected bonus is the
increase in employee morale!”

Dot Trottier

— Anita Manley

Awards presented in honor
of Martin Luther King Jr.

WESTBURY — CSEA Nassau
County Local 830 presented
awards recently during its first
Martin Luther King Jr.
ceremony.

A number of CSEA members
received awards, and statewide
CSEA Executive Vice President
Mary Sullivan received a Labor
Achievement Award. The local
also gave proclamations to New
York State Comptroller H. Carl
McCall and Village of
Hempstead Mayor James

Garner for “celebrating and
continuing the pursuit of the
dream of Martin Luther King
Jr":

CSEA Nassau Local 830
members who received
“Community Service Awards”
included: Bill Hughes, Barbara
Jones, Stephen Lloyd, Reverend
James L. Simpson, Cliff
Johnson and Joanne Arlington.

The awards were presented
by the Local 830 Unity
Committee. — Sheryl C. Jenks

STATE GOVERNMENT NEWS

ADDITIONS, DELETIONS FROM 1991-95 AGREEMENTS TO -

THE 1995-99 CSEA-NYS CONTRACTS

As this edition of The Public Sector
went to press, CSEA state employee
members were preparing to yote on
ratification of a tentative four-year
CSEA/New York State contract
effective April 2, 1995 to April 1, 1999.

Ratification ballots and contract fact

ARTICLE 7-COMPENSATION
Delete §7.1, §7.2, §7.3, §7.4, $7.5, $7.6, §7.7, §7.8,
§7.13 and §7.15 and replace with the following:

§7.1 Payment Above the Job Rate for Fiscal Year
1995-96

(a) Employees who, on their anniversary date, complete
(5) years of continuous service as defined by Section
130.3(c) of the Civil Service Law at a basic annual
salary equal to or higher than the job rate, or maximum,
of their salary grade, but below the first longevity step
and whose most recent performance rating was
“satisfactory” or its equivalent, shall move to the first
longevity step, or shall have their basic annual salary
increased by $750 or as much of that amount as will not
result in a new basic annual salary exceeding the second
longevity step in effect on April 1, 1995.

(b) Employees who, on their anniversary date, complete
ten (10) years of continuous service as defined by
Section 130.3(c) of the Civil Service Law at a basic
annual salary equal to or higher than the job rate, or
maximum, of their salary grade, but below the second
longevity step and whose most recent performance
rating was “satisfactory” or its equivalent, shall move to
the second longevity step.

(c) Longevity increases for eligible employees will
become effective in the payroll period immediately
following completion of the required continuous
service, subject to the attainment of a performance
rating of “satisfactory” or its equivalent.

§7.2 Lump Sum Payment for Fiscal Year 1996-97
Each employee who was in full-time employment status
on March 31, 1996 and who had, on that date, six (6)
months or more of continuous service as defined by
Section 130.3(c) of the Civil Service Law shall, in
payroll period one of Fiscal Year 1996-97 or as soon
thereafter as practicable, receive a lump sum payment in
the amount of $550.

Employees who are otherwise eligible for such payment
but who were not on the payroll on March 31 and who
return to employment during Fiscal Year 1996-97
without a break in service shall be eligible for such
payment.

§7.3 Payment Above the Job Rate for Fiscal Year
1996-97

sheets will be mailed to CSEA
members eligible to vote on the
contract the week of May 5. Deadline
for returning ballots is May 24. A
statewide teleconference on the
proposed contract was conducted April
20. Contract highlights were also

Public Sector.

become effective in the payroll period immediately
following completion of the required continuous
service, subject to the attainment of a performance
rating of “satisfactory” or its equivalent.

§7.4 Lump Sum Payment for Fiscal Year 1997-98
Each employee who was in full-time employment status
on March 31, 1997 and who had, on that date, six (6)
months or more of continuous service as defined by
Section 130.3(c) of the Civil Service Law shall, in
payroll period one of Fiscal Year 1997-98 or as soon
thereafter as practicable, receive a lump sum payment in
the amount of $700.

Employees who are otherwise eligible for such payment
but who were not on the payroll on March 31 and who
return to employment during Fiscal Year 1997-98
without a break in service shall be eligible for such
payment.

§7.5 Salary Increase for Fiscal Year 1997-98
Effective on October 2, 1997 for employees on the
administrative payroll and September 25, 1997 for
employees on the institutional payroll, the basic annual
salary of employees in full-time employment status on
October 1, 1997 and September 24, 1997, respectively,
shall be increased by three and one-half (3.5) percent
and the appropriate salary schedule shall be amended by
increasing the hiring rate and the job rate of each grade
by three and one-half (3.5) percent, dividing the
difference between the increased hiring and job rates by
seven, rounded to the nearest dollar, to determine the
value of each increment, and adding seven increments in
that amount to the hiring rate. The new job rate shall be
the amount that results from the addition of seven
increments to the hiring rate. Employees whose salaries
were at the hiring rate, any of the six steps, or the job
rate immediately prior to the increase in the schedule
shall be accorded the benefit of the three and one-half
(3.5) percent increase by receiving a salary equal to the
new hiring rate, corresponding step, or job rate,
respectively, as provided on the October 2, 1997 or
September 25, 1997 schedule.

§7.6 Payment Above the Job Rate for Fiscal Year
1997-98,

(a) Employees who, on their anniversary date, complete
(5) years of continuous service as defined by Section
130.3(¢) of the Civil Service Law at a basic annual
salary equal to or higher than the job rate, or maximum,
of their salary grade, but below the first longevity step
and whose most recent performance rating was
“satisfactory” or its equivalent, shall move to the first
longevity step, or shall haye their basic annual salary
increased by $750 or as much of that amount as will not
result in a new basic annual salary exceeding the second
longevity step in effect on April 1, 1997,

(c) Longevity increases for eligible employees will
become effective in the payroll period immediately
following completion of the required continuous

published in the April edition of The

The following modifications reflect
additions to and deletions from the
1991-95 collective bargaining
agreements for the 1995-99 tentative
agreements. Date changes and

renumbering may not be fully reflected.
The contracts cover approximately
93,000 state employees represented by
CSEA in the Administrative Services,
Institutional Services, Operational
Services and Division of Military and
Naval Affairs bargaining units.

service, subject to the attainment of a performance
rating of “satisfactory” or its equivalent,

§7.7 Salary Increase for Fiscal Year 1998-99
Effective on October 1, 1998 for employees on the
administrative payroll and September 24, 1998 for
employees on the institutional payroll, the basic annual
salary of employees in full-time employment status on
September 30, 1998 and September 23, 1998,
respectively, shall be increased by three and one-half
(3.5) percent and the appropriate salary schedule shall
be amended by increasing the hiring rate and the job rate
of each grade by three and one-half (3.5) percent,
dividing the difference between the increased hiring and
job rates by seven, rounded to the nearest dollar, to
determine the value of each increment, and adding
seven increments in that amount to the hiring rate. The
new job rate shall be the amount that results from the
addition of seven increments to the hiring rate.
Employees whose ies were at the hiring rate, any of
the six steps, or the job rate immediately prior to the
increase in the schedule shall be accorded the benefit of
the three and one-half (3.5) percent increase by
receiving a salary equal to the new hiring rate,
corresponding step, or job rate, respectively, as provided
on the October 1, 1998 or September 24, 1998 schedule.

§7.8 Payment Above the Job Rate for Fiscal Year
1998-99
(a) Employees who, on their anniversary date, complete
(5) years of continuous service as defined by Section
130.3(c) of the Civil Service Law at a basic annual

ary equal to or higher than the job rate, or maximum,
of their salary grade, but below the first longevity step
and whose most recent performance rating was
“satisfactory” or its equivalent, shall move to the first
longevity step, or shall have their basic annual salary
increased by $750 or as much of that amount as will not
result in a new basic annual salary exceeding the second
longevity step in effect on April 1, 1998.
(b) Employees who, on their anniversary date, complete
ten (10) years of continuous service as defined by
Section 130.3(c) of the Civil Service Law at a basic
annual salary equal to or higher than the job rate, or
maximum, of their salary grade, but below the second
longevity step and whose most recent performance
rating was “satisfactory” or its equivalent, shall move to
the second longevity step.
(c) Longevity increases for eligible employees will
become effective in the payroll period immediately
following completion of the required continuous
service, subject to the attainment of a performance
rating of “satisfactory” or its equivalent.

§7.13 Applicability

(a) Sections 7.5 and 7.7 above 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. Such sections shall
not apply to employees paid on a fee schedule,

(b) Section 7.2 above shall apply on a pro rata basis to
part-time employees in employment status on March 31,
1996 with a total time in pay status of six (6) months or
more during the preceding fiscal year; this six months of
pay status shall be called the “qualifying period”, For
employees with more than six months of total time in
pay status, the qualifying period shall be the last such

(Continued on next page)

Z fd , May 1995

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

six months in the respective fiscal year. Such
employees paid on an hourly, per diem, or annual
salaried basis who:

-work a minimum of one-quarter time, but less than
half-time, during their qualifying period shall receive
$137.50;

-work a minimum of half-time, but less than three-
quarters time, during their qualifying period shall
receive $275;

-work a minimum of three-quarters time, but less
than full-time, during their qualifying period shall
receive $412.50;

-work the equivalent of full time during their
qualifying period shall receive $550.

Such sections shall not apply to employees paid on a
fee schedule.

sto
tus on March 31,

(c) Section 7.4 above shall apply on a pro rata bas
part-time employees in employment s|
1997 with a total time in pay status of six (6) months or
more during the preceding ; this six months of
pay status shall be called the “qualifying period”. For
employees with more than six months of total time in
pay status, the qualifying period shall be the last such
six months in the respective fiscal year. Such
employees paid on an hourly, per diem, or annual basis
who:

-work a minimum of one-quarter time, but less than
half-time, during their qualifying period shall receive
$175;

-work a minimum of half-time, but less than three-
quarters time, during their qualifying period shall
receive $350;

-work a minimum of three-quarters time, but less
than full-time, during their qualifying period shall
receive $525;

-work the equivalent of full time during their
qualifying period shall receive $700.

Such sections shall not apply to employees paid on a
fee schedule.

(d) Sections 7.1, 7.3, 7.6, 7.8, 7.9, 7.10, 7.11 and 7.12
shall apply on a pro rata basis as appropriate 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.

§7.15 Downstate Adjustment

Eligible employees in New York City, Nassau,
Rockland, Suffolk and Westchester Counties will
receive a downstate adjustment in addition to their basic
annual salary. The annual rate of the downstate
adjustment as of April 5, 1995 for the administrative
payroll and March 29, 1995 for the institutional payroll
shall be $768, and such rate shall be increased by the
percentage increases in basic annual salary provided by
Sections 7.5 and 7.7 above. The amount of the
downstate adjustment shall be:

EFFECTIVE DATE AMOUNT
ADMINISTRATIVE INSTITUTIONAL
PAYROLL PAYROLL

April 5, 1995 March 29, 1995 $768
October 2, 1997 Sept. 25,1997 $795
October 1, 1998 Sept. 24,1998 $823

Employees in Monroe County receiving $200
location pay on March 31, 1985 will continue to receive
it throughout the Agreement only as long as they are
otherwise eligible.

ARTICLE 8-TRAVEL RELOCATION EXPENSE
REIMBURSEMENT

Delete §8.2(a) and replace with:

§8.2 Mileage Allowance

The personal vehicle mileage reimbursement rate for
employees in this unit shall be consistent with the
maximum mileage allowance permitted by the Internal
Revenue Service. Such payments shall be made in
accordance with the Rules and Regulations of the

Comptroller.
ARTICLE 9 - HEALTH INSURANCE
Delete article and replace with:

ARTICLE 9
Health Insurance
§9.1(a) The State shall continue to provide all the
forms and extent of coverage as defined by the contracts
in force on March 31, 1995 with the State’s health
insurance carriers unless specifically modified by this
Agreement.
(b) The State shall provide toll-free telephone service at
the Department of Civil Service Health Insurance
Section for information and assistance to employees and
dependents on health insurance matters.
§9.2(a)Effective on the date of execution of this
Agreement, charges for out-patient services covered by
the hospital contract, including emergency room
services, vil be subject to a $25 co-payment per out-
patient visit. Effective January 1, 1999, thi
will increase to $30 for emergency room st
Charges for other out-patient services covered by ‘the
hospital contract will continue to be subject to a $25 co-
payment unless modified through the Joint Committee
on Health Benefits, upon implementation of the medical
care Point of Service plan. These hospital out-patient
co-payments will be waived for persons admitted to the
hospital as an in-patient directly from the out-patient
setting and for the following covered chronic care out-
patient services: chemotherapy, radiation therapy,
physical therapy or hemodialysi:
(b) Charges for the attending hospital emergency room
physician and providers who administer or interpret
radiological exams, laboratory tests, electrocardiograms
and pathology services directly associated with the
covered hospital emergency room care for a medical
emergency will be reimbursed under the participating
provider or the basic medical program not subject to
deductible or coinsurance when such services are not
included in the hospital facility charge covered by Blue
Cross.
§9.3 The Empire Plan shall include medical/surgical
coverage through use of participating providers who
will accept the Plan’s schedule of allowances as
payment in full for covered services. Except as noted
below, benefits will be paid directly to the provider at
100% of the Plan’s schedule not subject to deductible,
coinsurance, or annual lifetime maximums.
(a) Office visit charges by participating providers will
be subject to a $5 co-pay per covered individual. Office
visit charges by participating providers for well child
care, including routine pediatric immunizations, will be
excluded from the office visit co-pays.
(b) Effective on the date of execution of this Agreement,
charges by participating providers for professional
services for allergen immunotherapy in the prescribing
n’s office or institution will be excluded from
the office visit co-payment.
(c) All covered outpatient surgery procedures performed
by a participating provider during a visit will be subject
co-pay.
ve on the date of execution of this Agreement,
in the event that there is both an office visit charge and
an office surgery charge by a participating provider in
any single visit, the covered individual will be subject to
a single co-payment.
(e) All covered diagnostic/laboratory services performed
by a participating provider during a visit will be subject

(f) All covered outpatient radiology services performed
by a participating provider during a visit will be subject
to a $5 co-pay.

(g) Effective on the date of execution of this Agreement,
out-patient radiology services and diagnostic/laboratory
services rendered during a single visit by the same
participating provider will be subject to a single co-
payment.

(h) Chronie care services for chemotherapy, radiation
therapy, or hemodialysis will be excluded from the
office visit co-payment.

(i) The office visit, surgery, out-patient radiology, and
diagnostic/laboratory co-payments may be applied
against the basic medical coinsurance maximum but
they will not be considered covered expenses for basic
medical payment.

(j) The Empire Plan shall also include basic medical
coverage to provide benefits when non-participating
providers are used. These benefits will be paid directly
to enrollees according to reasonable and customary
charges and will be subject to deductible, coinsurance,
and calendar year and lifetime maximums.

(k) The Empire Plan participating provider schedule of
allowances and the basic medical reasonable and
customary levels will be at least equal to those levels in
effect on March 31, 1995.

(1) An annual evaluation and adjustment of basic
medical reasonable and customary charges will be
performed according to the guidelines established by the
basic medical plan insurer.

§9.4 CSEA Empire Plan Enhancements

In addition to the basic Empire Plan benefits, the Empire
Plan for CSEA enrollees shall include:

(a) The basic medical component deductible shall
remain at $161 per enrollee, $161 per covered spouse,
and $161 for one or all dependent children. Upon the
implementation of the Point of Service plan (§9.25) and
thereafter, on each successive January 1, the annual
deductible will increase by a percentage amount equal to
the percentage increase in the medical care component
of the CPI for Urban Wage Earners and Clerical
Workers, all Cities (CPI-W) for the period July 1
through June 30 of the preceding year, not to exceed
$25 in any one plan year. Covered expenses for mental
health and/or substance abuse treatment or physical
medicine services are excluded in determining the basic
medical component deductible.

(b) The maximum enrollee coinsurance out-of-pocket
expense under the basic medical component shall
remain $776 per individual or family in any one year.
Upon the implementation of the Point of Service plan
(§9.25) and thereafter, on each successive January 1, the
maximum annual coinsurance out-of-pocket expense
will increase by a percentage amount equal to the
percentage increase in the medical care component of
the CPI for Urban Wage Earners and Clerical Workers,
all Cities (CPI-W) for the period July 1 through June 30.
of the preceding year, not to exceed $25 in any one plan
year. For employees earning $21 or less in base
annual salary on April 1, 1995, the $776 maximum
coinsurance out-of-pocket expense shall continue to be
reduced to a maximum of $500 in coinsurance per year
upon application to the Department of Civil Service for
the reduction in coinsurance, and upon submission of
information showing that the employee is the head of
household and sole wage earner in a family, Covered
expenses for mental health and/or substance abuse
treatment or physical medicine services are excluded in
determining the $776/$500 maximum coinsurance
limits.

Effective on the date of execution of this Agreement,
employees 50 years of age or older shall be allowed
reimbursement up to $250 once every two years towards
the cost of a routine physical examination. Covered
spouses SO years of age or older shall be allowed
reimbursement up to $250 once every two years towards
the cost of a routine physical examination. These
benefits shall not be subject to a deductible and
coinsurance,

(d) Routine pediatric care, including well child office
visits, physical examinations and pediatric
immunizations, for children up to age 19 will be covered
under the basic medical program, subject to deductible
or coinsurance.

(e) The routine newborn allowance under the basic
medical component shall be $100, not subject to
deductible or coinsurance

(f) The annual and lifetime maximum for each covered
member under the basic medical component shall be
unlimited,

(g) Effective on the date of execution of this Agreement,

(Continued on next page)

May 1995 ¢g fh ,

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)
services for examinations and/or purchase of hearing
aids shall be a covered basic medical benefit and shall
be reimbursed up to a maximum of $600 once every
four years, not subject to deductible or coinsurance. For
children 12 and under the same benefits can be available
after 24 months, when it is demonstrated that a covered
child’s hearing has changed significantly and the
existing hearing aid(s) can no longer compensate for the
child’s hearing impairment.

(h) Effective on the date of execution of this Agreement,
covered charges for medically appropriate local
professional ambulance transportation will be a covered
basic medical expense subject only to a $35 copayment.
Volunteer ambulance transportation will continue to be
reimbursed for donations at the current rate of $50 for
under 50 miles and $75 for 50 miles or over. These
amounts are not subject to deductible or coinsurance.

(i) Mastectomy brassieres prescribed by a physician,
including replacements when it is functionally necessary
to do so, shall be a covered benefit under the Empire
Plan.

Gj) The Pre-Tax Contribution Program will continue
unless modified or exempted by the Federal Tax Code.
$9.5 The Empire Plan shall continue to provide
comprehensive coverage for medically necessary mental
health and substance abuse treatment services through a
managed care network of preferred mental health and
substance abuse care providers. Network and non-
network benefits shall be those in effect on March 31,
1995. Expenses applied against the mental health and
substance abuse non-network deductible and network
copay levels will not apply against any deductible or
copay levels or maximums under the basic medical
component of the Plan.

§9.6 The current Benefits Management Program and
HealthCall, for CSEA employees enrolled in the Empire
Plan, shall remain in effect unless modified by the Joint
Committee on Health Benefits.

(a) Effective on the date of execution of this
Agreement, the Empire Plan Benefits Management
Program (HealthCall) will be modified to refine the
Prospective Procedure Review requirement to include
only Magnetic Resonance Imaging (“MRI”) and to
discontinue mandatory Specialty Consultation
Evaluations.

§9.7 The current Home Care Advocacy Program
(HCAP) for CSEA employees enrolled in the Empire
Plan shall remain in effect unless modified by the Joint
Committee on Health Benefits.

§9.8 Effective July 1, 1995, or as soon as practicable
thereafter, the Empire Plan’s medical care component
will be modified to offer a comprehensive managed care
network benefit for the provision of medically necessary
physical medicine services, including physical therapy
and chiropractic treatments. Authorized network care
will be available, subject only to the Plan’s participating
provider $5 office visit copayment(s). Unauthorized
medically necessary care, at enrollee choice, will also be
available, subject, however, to an annual deductible of
$250 per enrollee, $250 per spouse and $250 for one or
all dependent children and a maximum payment of 50%
of the network allowance for the service(s) provided,
Maximum benefits for non-network care will be limited
to $1,500 in payments per calendar year.
Deductible/coinsurance payments will not be applicable
to the Plan’s annual basic medical
deductible/coinsurance maximums. The Joint
Committee on Health Benefits will work with the State
on the design and implementation of this benefit.

§9.9 Eligible employees in the State Health Insurance
Plan may elect to participate in a federally qualified or
state certified Health Maintenance Organization which
has been approved to participate in the State Health
Insurance Program by the Joint Committee on Health
Benefits. If more than one HMO services the same
geographic area, the Joint Committee on Health Benefits
reserves the right to approve a contract with only such
organization(s) deemed to be a quality, cost effective
option(s). The Joint Committee on Health Benefits will
work with the State through the HMO Workgroup to

identify and mutually agree upon appropriate incentives
for HMO alternatives to become more competitive in
quality of care provided and efficient in cost to payers.
Employees may change their health insurance option
each year during the month of November, unless
another period is mutually agreed upon by the State and
the Joint Committee on Health Benefits.

If the rate renewals are not available by the time of
the open option transfer period, then the open transfer
period shall be extended to assure ample time for
employees to transfer.

§9.10 (a) The State agrees to pay 90 percent of the cost
of individual coverage and 75 percent of the cost of
dependent coverage provided under the Empire Plan.
(b) The State agrees to continue to provide alternative
Health Maintenance Organization (HMO) coverage and,
effective January 1, 1996, agrees to pay 90 percent of
the cost of individual coverage and 75% of the cost of
dependent coverage toward the hospital/medical/Mental
Health and Substance Abuse components of each HMO,
however, not to exceed, as of January 1, 1996, 110% of
its dollar contribution for those components under the
Empire Plan. Enrollee biweekly contribution increases,
resulting from this employer contribution rate, if any,
will, in 1996, be capped at $5 for individual coverage
and $15 for family coverage. Effective January 1, 1997,
the State’s dollar contribution for HMO coverage will
then not exceed 110% of its contribution for those
components of the Empire Plan, with no cap on any
additional enrollee premium contribution required. As
of January 1, 1998, the State’s HMO contribution will
not exceed 105% of its Empire Plan contribution for
those components and, as of January 1, 1999, the State’s
HMO contribution will not exceed 100% of its dollar
contribution for those components under the Empire
Plan,

§9.11 The State Health Insurance Plans’ regulations
shall continue to stipulate that the term employee means
any person in the service of the State as employer whose
regular work schedule is at least half-time per biweekly
payroll period.

$9.12 There shall be a waiting period of forty-two (42)
days after employment before an employee shall be
eligible for enrollment under the State’s Health
Insurance Program,

§9.13 Current and/or new enrollees opting for family
coverage must provide the names of all covered
dependents to the Plan Administrator. In the case of
covered newborn dependents, names shall be provided
within 3 months of the date of birth. Additionally, the
social security numbers of a covered spouse, if
applicable, and/or dependent student(s) over the age of
19, if applicable, shall be provided to the Plan
administrator in order to verify continued eligibility for
family coverage and to facilitate coordination of
benefits.

$9.14 Domestic partners who meet the definition of a
partner and can provide acceptable proofs of financial
interdependence as outlined in the Affidavit of
Domestic Partnership and Affidavit of Financial
Interdependency shall be eligible for health care
coverage. As part of this agreement, the impact of such
domestic partner coverage under the Empire Plan will
be reviewed through the Joint Committee on Health
Benefits process upon completion of 12 months
experience from the initial date eligibility was extended.
Such review may indicate the need for the Committee to
take appropriate action to ensure the financial stability
of the Plan. r.

$9.15 (a) Seasonal employees who are anticipated to be
or who are continuously employed on at least a half-
time basis for six months, shall be eligible for health
insurance coverage subject to the provisions of the
Agreement.

(b) Where the State establishes a seasonal position for
six months or more, the appointee to that position shall
not have his/her service intentionally broken solely for
the purpose of rendering that employee ineligible for
health insurance coverage.

(c) Should a seasonal employee who attained health
insurance coverage eligibility leave the payroll and then
be rehired subsequently, the employee shall retain

eligibility for health insurance coverage upon rehire
without application of a six-month waiting period,
provided the employee was not off the payroll more
than six months. The employee may continue his/her
health insurance on a full pay basis for the period of
time he/she is off the payroll.

§9.16 A permanent full-time employee who loses
employment as a result of the abolition of a position on
or after April 1, 1977, shall continue to be covered
under the State Health Insurance Plan at the same
contribution rate as an active employee for one year
following such layoff or until reemployment by the
State or employment by another employer, whichever
first occurs.

§9.17 (a) A permanent full-time employee who is
removed from the payroll due to an accepted work
related injury or occupational condition shall remain
covered under the State Health Insurance Plan and shall
be treated the same as an employee on a preferred list.
(b) A permanent full-time employee who is removed
from the payroll due to a controverted work related
injury or occupational condition will have the right to
apply for a health insurance premium waiver. The
appropriate agency will be responsible to inform the
employee of his or her right to apply for the waiver
prior to the employee meeting the eligibility
requirements for the waiver of premium.

§9.18 (a) Continued health insurance coverage will be
provided for the unremarried spouse and other eligible
dependents of employees who die in State service under
circumstances under which they are eligible for the
accidental death benefit or for weekly cash workers’
compensation benefits under the same conditions
prescribed in Section 165 of the Civil Service Law for
dependents of a deceased employee who was at the time
of death an employee at a correctional facility having
individual and dependent coverage at the time of death
and where death occurred as a result of injuries during
the period from September 9 through 13, 1971.

(b) If an employee is granted a service-connected
disability retirement by a retirement or pension plan or
system administered and operated by the State of New
York, the State will continue the health insurance of that
employee on the same basis as any other retiring
employee, regardless of the duration of the employee’s
service with the State.

§9.19 (a) The unremarried spouse and otherwise eligible
dependent children of an employee, who retires after
April 1, 1979, with ten or more years of active State
service and subsequently dies, shall be permitted to
continue coverage in the health insurance program with
payment at the same contribution rates as required of
active employees for the same coverage.

(b) The unremarried spouse and otherwise eligible
dependent children of an active employee, who dies
after April 1, 1979, and who, at the date of death, was
vested in the Employees’ Retirement System and who
was at least 45 years of age and was within 10 years of
the minimum retirement age shall be permitted to
continue coverage in the health insurance program with
payment at the same contribution rates as required of
active employees for the same coverage.

§9.20 (a) Employees covered by the State Health
Insurance Plan have the right to retain health insurance
after retirement upon completion of ten years of service.
However, in recognition of the forthcoming changes to
the Government Accounting Standards Board (GASB)
requirements, both the State and CSEA recognize the
need to address the inequity of providing employees
who serve the minimum amount of time necessary for
health insurance in retirement with the same benefits as
career employees, Prior to the expiration of this
contract CSEA and the State shall, through the Joint
Committee process, develop a proposal to modify the
manner in which employer contributions to retiree
premiums are calculated.

(b) An employee who is eligible to continue health
insurance coverage upon retirement is entitled to a sick
leave credit to be used to defray any employee
contribution toward the cost of the premium. The basic

(Continued on next page)

¢g th 4 May 1995

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

monthly value of the sick leave credit shall be calculated
according to the procedures in use on March 31, 1988.
However, employees retiring on or after January 1,
1989, may elect an alternative method of applying the
basic monthly value of the sick leave credit.

Employees selecting the basic sick leave credit may
elect to apply up to 100% of the calculated basic
monthly value of the credit towards defraying the
required contribution to the monthly premium during
their own lifetime. If employees who elect that method
predecease their eligible covered dependents, the
dependents may continue to be covered, but must pay
the applicable dependent survivor share of the premium.

Employees selecting the alternative method may elect to
apply only up to 70% of the calculated basic monthly
value of the credit toward the monthly premium during
their own lifetime. Upon the death of the employee,
however, any eligible surviving dependents may also
apply up to 70% of the basic monthly value of the sick
leave credit toward the dependent survivor share of the
monthly premium for the duration of the dependents’
eligibility. The State has the right to make prospective
changes to the percentage of credit to be available under
this alternative method for future retirees as required to
maintain the cost neutrality of this feature of the plan.

The selection of the method of sick leave credit
application must be made at the time of retirement, and
is irrevocable. In the absence of a selection by the
employee, the basic method shall be applied.

§9.21 Effective on the date of execution of this
Agreement, an employee retiring from State service may
delay commencement or suspend his/her retiree health
coverage and the use of the employee's sick leave
conversion credits indefinitely, provided that the
employee applies for the delay or suspension, and
furnishes proof of continued coverage under the health
care plan of the employee’s spouse, or from post
retirement employment.

§9.22 Joint Committee on Health Benefits

(a) The State and CSEA agree to continue the Joint
Committee on Health Benefits.

(b) The State shall seek the appropriati
the Legislature to support committee initiatives and to
carry out the administrative responsibilities of the Joint
Committee in the amount of $500,000 in each year of
the agreement.

(c) The Joint Committee on Health Benefits shall work
with appropriate State agencies to make mutually agreed
upon changes in the Plan benefit structure through such
initiatives as:

(1) The annual HMO Review Process;

(2) The ongoing review and oversight of the Managed
Mental Health and Substance Abuse Treatment
Program;

(3) The development and implementation of a Program
for Managed Medical Care through a panel of preferred
hospital and/or medical care providers;

(4) The continuation of the Benefits Management
Program, HealthCall, and annual review of the list of
procedures requiring Prospective Procedure Review.
(5) The Joint Committee on Health Benefits will work
with the State and medical carrier to solicit and contract
with credentialed radiological providers to provide
mammography screening, according to the American
Cancer Society’s medical protocols, at the worksite
and/or predetermined location. Reimbursement will be
provided in accordance with the participating provider
program, subject to the $5 diagnostic copayment.

(6) The continuation of the ambulatory surgery benefit
and monitoring of participating centers. The Joint
Committee on Health Benefits will work with the State
to oversee the solicitation by the medical/surgical/basic
medical carrier of Ambulatory Surgical Centers in
bordering states and in those states where retirees
commonly reside.

(7) The continuation of the Home Care Advocacy
Program (HCAP) and the ongoing review of services

of funds by

offered.

(8) The Joint Committee will review the impact of
Domestic Partner coverage under the Empire Plan upon
completion of 12 months’ experience.

(d) The Joint Committee’s area of review and counsel
shall include but not be limited to the following areas:
(1) Development of health benefit communication
programs related to the consumption of health care
services provided under the Plan.

(2) The Joint Committee on Health Benefits will work
with the State and Empire Plan carriers to address the
need to consolidate the various telephonic requirements
enrollees must adhere to and other plan resources to
which enrollees have access. Effective July 1, 1995, or
as soon as practicable thereafter, there will be a
centralized telephone number which, in turn, will direct
calls to the appropriate program/benefit administrator
for benefit approval, referral and/or assistance.

(3) Development, as appropriate in conjunction with the
carriers, of revised benefit booklets, descriptive
literature and claim forms.

(e) The Joint Committee shall work with appropriate
State agencies to review and oversee the various health
plans available to employees represented by CSEA.

(f) The Joint Committee on Health Benefits shall work
with appropriate State agencies to monitor future
employer and employee health plan cost adjustments.
(g) The Joint Committee shall be provided with each
carrier rate renewal request upon submission and be
briefed in detail periodically on the status of the
development of each rate renewal.

(h) The State shall require that the insurance carriers for
the State Health Insurance Plan submit claims and
experience data reports directly to the Joint Committee
on Health Benefits in the format and with such
frequency as the Committee shall determine.

(i) The Joint Committee will be responsible for the
annual review of participating providers. The Joint
Committee shall investigate and where feasible, take
appropriate action to recruit additional providers in
geographic and specialty areas determined by the
Committee to be deficient.

(j) The Joint Committee shall continue to sponsor the
agency health insurance administrator training program.
(k) The Joint Committee shall study recurring subscriber
complaints and make recommendations for the
resolution of such complaints.

(1) The Joint Committee on Health Benefits shall meet
within 14 days after a request to meet has been made by
either side.

(m) The Joint Committee shall study and address other
issues and concerns brought to the attention of the
Committee that impact the accessibility, quality and
costs of health care for employees covered by this
Agreement.

§9.23 Appropriate descriptive material relating to any
changes in benefits shall be distributed to each State
agency for internal distribution prior to the effective
date of the change in benefit. The State shall take all
steps necessary to provide revised health insurance
booklets to every employee as soon as possible. The
Joint Committee on Health Benefits shall provide
review and counsel on the development of the revised
booklets.

§9.24 The confidentiality of individual subscriber
claims shall not be violated. Except as required to
conduct financial and claims processing audits of
carriers and coordination of benefit provisions, specific
individual claims data, reports or summaries shall not be
released by the carrier to any party without the written
consent of the individual, insured employee or covered
dependent.

§9.25 The Comprehensive Study of the State’s
Employee Health Benefits Structure concluded that the
Empire Plan had been generally well managed.
However, given the current trends seen by other
similarly situated employers, significant opportunities
exist to improve the quality of care provided to
employees while reducing the cost of that care. In
recognition of the recommendations provided by the
Study, the State will develop the Empire Plan medical
care component into a program to access comprehensive

managed medical care, through the establishment of
networks of preferred participating providers, including
primary care physicians, specialists, hospitals, centers of
excellence, and other allied health care providers, such
as labs, urgent care centers, ambulatory surgery centers,
and home care providers. The hospital component of
the Empire Plan and the Managed Mental Health and
Substance Abuse Program will remain in place. In
addition to services provided through the Plan’s
managed care networks, enrollees will have access to or
have freedom of choice to use out-of-network providers,
subject, however, to an annual $350 non-network
deductible per enrollee, $350 per covered spouse and
$350 for one or all dependent children, and a maximum
payment of 75% of R&C charges up to $2,000,000 per
person, per lifetime. A separate 48-hour annual
deductible will be required before private duty nursing
services are covered. The annual deductible will
increase on each successive January 1, by a percentage
amount equal to the percentage increase in the medical
care component of the CPI for Urban Wage Earners and
Clerical Workers, all Cities (CPI-W) for the period July
1 through June 30 of the preceding year, not to exceed
$25 in any one plan year.

The Joint Committee on Health Benefits will work with
the State in the implementation of this benefit. This
shall include development of a mutually agreed upon
program design including benefit levels and active
participation in the selection of the vendor(s), if any.

This “Point-of-Service” plan will be implemented on
January 1, 1997, or as soon as practicable thereafter. A
special option transfer will take place if implementation
is not scheduled for the beginning of a new plan year
following a regularly scheduled option transfer period.

ARTICLE 10 (ASU, ISU, OSU)/ARTICLE 13
(DMNA)
HOLIDAYS

ASU: Add as §10.1(d):

ISU: Delete 10.2(e) and replace with:
OSU: Delete footnote and add as §10.1(d):
DMNA: Add as §13.1(d):

When December 25 and January | fall on Sundays and
are observed as State holidays on the following
Mondays, employees whose work schedule includes
December 25 and/or January | shall observe the
holiday on those dates, or if required to work, may
receive additional compensation or compensatory time
off in accordance with Section 7.16 of this Agreement.
In such event, for those employees, December 26 and
January 2 will not be considered holidays.

OSU: Delete §10.7
ARTICLE 11-WORKERS’ COMPENSATION

§11.8: Replace 45 calendar days with 60 calendar days
throughout.

ARTICLE 14 - EMPLOYEE DEVELOPMENT
AND TRAINING

Delete §14.2 and §14.3 in all agreements and replace
with:

§14,.2 Education Development and Training Funds
(a) The State agrees to recommend the appropriation of
funds by the Legislature in the amount of $4,800,000 in
each year of the Agreement for the purpose of providing
education, developmental, and training opportunities.
(b) The State and CSEA shall review existing
educational, developmental and training programs and
make recommendations for program changes based
upon the needs and desires of both the State and
employees,

(Continued on next page)

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

ASU:

$14.3 Clerical and Secretarial Employees
Advancement

A portion of the amounts identified in 14.2(a) above
shall be available to support educational, developmental
and training programs approved under the Clerical and
Secretarial Employees Advancement Program
(*CSEAP”).

ISU:

§14.3 Unit Specific Training

(a) The State recognizes the importance of the
educational, developmental, and specialized training
programs developed pursuant to Section 14.3 of the
prior negotiated Agreement. The State shall continue
and improve those programs previously developed and
implemented pursuant to Section 14.3, which are
presently integrated into specific agency training
programs.

(b) A portion of the amounts identified in Section
14.2(a) above shall be available to support educational,
developmental and training programs approved under
the Unit Specific Training Program Directions shall
include, but not be limited to, the following:
-apprenticeship programs applicable to direct care
positions;

-advanced level, competency-based in-service training
programs for select positions;

-agreement with selected colleges to grant academic
credit for in-service training programs;

-continuing advanced educational programs geared
toward promoting long term employees to master level
positions.

(c) Applications for funding or programs developed by
the agency Labor/Management Committees shall be
forwarded to the existing Statewide Labor/Management
Committee with the responsibility to disburse these
funds to the agencies affected.

(d) On a quarterly basis the Statewide
Labor/Management Committee will report to the
President of CSEA, Inc. and the Director of the
Governor's Office of Employee Relations as to the
programs implemented and funds expended.

OSU:

§14.3 Apprenticeship

(a) A portion of the amounts identified in §14.2(a)
above shall be available to support educational,
developmental and training programs approved under
the State/CSEA Apprenticeship Program.

(b) The State and CSEA shall continue the Joint
Apprenticeship Committee to include, but not be limited
to, oversight of the following:

(1) Formal Apprenticeship

(a) Identifying Operational Services Unit job titles
suitable for apprenticeship;

(b) Stimulating interest in, developing and
implementing apprenticeship programs in cooperation
with participating State agencies pursuant to basic
standards established by the Committee;

(c) Evaluating educational delivery components of the
program to ensure cost efficiency as well as quality.
(2) Other Related Training

(a) Continuing to foster and develop in cooperation with
State training to enhance skill levels, productivity and
advancement potential;

(b) Stimulating interest in, designing and developing
specific programs in cooperation with State agencies to
introduce practical skills to unskilled workers in the
unit. The purpose of such programs will be to both
enrich advancement potential and to enhance the ability
to perform present duties.

(3) Interfacing as appropriate with other joint
State/CSEA training efforts to foster optimum training
opportunities for employees in the unit.

DMNA

14.3 Unit Specific Training

(a) A portion of the amounts identified in Section
14,2(a) above shall be available to support educational,

developmental and training programs approved for unit
specific training.

(b) Determination of appropriate unit specific training
programs to be funded shall be by a State/CSEA
Committee. The Committee shall include
representatives of the State, the Division and CSEA, as
appropriate.

(c) The Committee’s responsibility shall include, but not
be limited to, the research and development of
approaches to appropriate unit specific training needs of
members of the bargaining unit. This shall include,
where appropriate, purchasing participation in existing
training programs.

ARTICLE 15 - SAFETY AND HEALTH
§15.2(d): Delete and replace with:

$15,2(d) Funding for Safety and Health Initiatives
The State shall seek the appropriation of funds by the
Legislature in the amount of $350,000 in each year of
the Agreement to support Committee initiatives which
shall include but not be limited to: (rest of Article
remains the same).

Add as new: §15.10 ASU
§15.11 OSU
§15.13(c) ISU
§15.10 DMNA

Hepatitis B Vaccine (HBV) Antibody Testing

The State will offer HBV antibody testing prior to
administering the HBV vaccination series to
experienced health care workers. Employees who are
found to have adequate levels of HBV antibodies will be
counseled that HBV vaccination is not necessary.

ARTICLE 19 (DMNA) - OVERTIME, RECALL
AND SCHEDULING AND OVERTIME MEAL
ALLOWANCE

Overtime, Recall and Scheduling

§19.1 Overtime

(a) Authorized overtime work shall be offered to
employees on the basis of seniority and shall be
equitably distributed. Each employee shall be selected
in turn according to his/her place on the seniority list by
rotation provided, however, that the employee whose
turn it is to work possesses the qualifications and ability
to perform the work required.

(b) An employee requesting to be skipped when it
becomes his/her turn to work overtime shall not be
rescheduled for overtime work until his/her name is
reached again in orderly sequence and an appropriate
notation shall be made in the overtime roster.

(c) In the event no employee wishes to perform the
required overtime work, the Division shall by inverse
order of this seniority list assign the necessary
employees required to perform the work in question.
(d) CSEA recognizes that work in progress shall be
completed by the employee performing the work at the
time the determination was made that overtime was
necessary.

(e) An overtime roster shall be available for inspection
by representatives of CSEA at each facility, Such
rosters should be posted in a conspicuous location
unless it is mutually agreed that such posting is not
necessary,

(f) If an employee is skipped or denied an opportunity to
work overtime in violation of this Agreement, he/she
shall be rescheduled for overtime work the next time
overtime work is required, in accordance with paragraph
19.1(a) above.

(g) Time during which an employee is excused from
work because of vacation, holidays, personal leave, sick
leave at full pay, compensatory time off or other leave
at full pay shall be considered as time worked for the
purpose of computing overtime.

(h) Nothing in paragraphs 19.1(a), 19.1(b) and 19.1(c)
above shall prevent the establishment of mutually
agreed to local arrangements regarding the method by
which overtime is offered to employees.

$19.2 Recall

An employee who is recalled to work unscheduled
overtime after having completed his/her scheduled
work period and left his/her scheduled work station shall
be guaranteed a minimum of one-half day’s overtime
compensation.

§19.3 Shift Changes

(a) No employee shall have his/her shift schedule
changed for the purposes of avoiding the payment of
overtime, unless he/she has been notified of such change
one week in advance of the time in which the changed
work period is to begin provided, however, that the
circumstances necessitating such change are foreseeable
prior to such one-week period.

(b) In the event that circumstances necessitating such
shift changes are not foreseeable, then such notice shall
be given as soon as possible.

(c) In the event such notice of shift change is not given
at least 48 hours prior to the starting time of the
scheduled shift which the employee is directed to work
such employee shall not be deprived of the opportunity
to work his/her normal shift and to be paid overtime for
the hours worked in excess of 40 hours in the
workweek,

(d) Regularly scheduled days off shall not be changed
for the purpose of avoiding the payment of overtime.

(e) Prior to the making of a final decision with respect to
instituting a change in shift system from fixed to
rotating shifts or rotating to fixed shifts the Division
shall inform CSEA of such contemplated change and
provide CSEA with an adequate opportunity to review
the impact of such change with the Division at the
appropriate level.

§19.4 Overtime Meal Allowance

An overtime meal allowance of the sum of $3.50 shall
be paid, subject to the rules and regulations of the
Comptroller, to employees eligible to receive overtime
compensation when it is necessary and in the best
interests of the State for such employees to continuously
work at least three hours of overtime either immediately
before or immediately following a regular working day,
and due to the performance of that overtime, work at
least eleven (11) continuous hours or at least six (6)
hours overtime on other than a regular working day.
$19.5 Employees ineligible to receive overtime
compensation, who otherwise qualify for an overtime
meal allowance pursuant to Section 19.4 of this
Agreement, shall be paid a special overtime meal
allowance in the sum of $5.50, subject to the rules and
regulations of the Comptroller.

$19.6 - See Changes to Article 23; ASU, ISU, OSU
§19.7 Standby On-Call Rosters

(a) Employees who are required to be available for
immediate recall and who must be prepared to return to
duty within a limited period of time shall be listed on
standby on-call assignment rosters. Assignments to
such rosters shall be equitably rotated, insofar as it is
possible to do so, among those employees qualified and
normally required to perform the duties. The
establishment of such rosters at a facility shall be
subject to the approval of the department or agency
involved and the Director of the Budget.

(b) An employee who is eligible to earn overtime shall
not be required to remain available for recall unless the
employee’s name appears on an approved recall roster. .
An employee shall be paid an amount equal to 15
percent of the employee’s daily rate of compensation for
each eight hours or part thereof the employee is actually
scheduled to remain and remains available for recall
pursuant to such roster. An employee who is actually
recalled to work will receive appropriate overtime or
recall compensation as provided by law.
Administration of such payments shall be in accordance
with rates established by the Director of the Budget.
The daily rate of compensation shall be at the rate of
one-tenth of the bi-weekly rate of compensation and will
include geographic, locational, inconvenience and shift
pay as may be appropriate to the place or hours
normally worked. Only employees eligible for on-call
premium pay will be required to be on call.

(Continued on next page)

¢g é 4 May 1995

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

ARTICLE 20 - LAYOFFS IN NON-COMPETITIVE
AND LABOR CLASSES (ASU, ISU, OSU)

§20.3: Delete and replace with:

§20.3 Permanent non-competitive class employees with
one year of continuous non-competitive service
immediately prior to layoff shall be accorded the same
rights at layoff as well as placement roster, preferred list
and reemployment roster rights, as employees covered
by State Civil Service Law Sections 75.1(c), 80-a, 81,
81-a, and 81-b. Labor class employees who meet these
criteria in the labor class shall be accorded the same
rights.

ARTICLE 21 - PRODUCTIVITY AND QUALITY
OF WORKING LIFE COMMITTEE

Delete §21.2(b) and replace with:

§21.2(b) The State shall prepare, secure introduction
and recommend passage by the Legislature of such
legislation as may be appropriate and necessary to
obtain an appropriation of $770,000 in each year of the
Agreement to fund the operation and programs of the
Committee.

ARTICLE 22 - EMPLOYMENT SECURITY
(ASU, ISU, OSU, DMNA)
Delete Article and Replace With:

ARTICLE 22

Employment Security

§22.1(a) There shall be no loss of present employment
by permanent employees as a result of the State’s
exercise of its right to contract out for goods and
services.

§22.1(b) Notwithstanding the provision of Article
22.1(a), permanent employees affected by the State’s
exercise of its right to contract out for goods and
services will receive 60 days written notice of intended
separation and will be offered a redeployment option as
provided for in Appendix VIII(A), but where such
redeployment option is not able to be offered and where
no displacement rights as provided for in Civil Service
Law Sections 80 and 80-a are available, the affected
permanent employee shall be offered the opportunity to
elect one of the following transition benefits:

(i) a financial stipend for an identified retraining or
educational opportunity as provided for in Appendix
VIII(B); or

(ii) severance pay as provided for in Appendix
VIII(C);

(iii) the employee opts for and obtains preferential
employment with the contractor at the contractor’s
terms and conditions, if available.

§22.1(c)(1) The transition benefits set forth above shall
not apply to an affected permanent employee, and the
State’s obligation under this Article to said employee
shall cease, if an affected permanent employee declines
a primary redeployment opportunity as provided for in
Appendix VIII(A), or if the affected permanent
employee declines a displacement opportunity, pursuant
to his or her displacement rights as provided for in Civil
Service Law Sections 80 and 80-a, in his or her county
of residence or county of current work location.
§$22.1(c)(2) An affected permanent employee who
elects a transition benefit as provided for in §22.1(b)
above, shall be eligible for placement on preferred lists
and reemployment rosters as provided for in Civil
Service Law Section 81 and 81-a and other applicable
Civil Service Laws, Rules and Regulations.

§22.2 No permanent employee will suffer reduction in
existing salary as a result of recla: tion or
reallocation of the position the employee holds by
permanent appointment.

§22.3 A State/CSEA Employment Security Committee
shall jointly study and attempt to resolve matters of
mutual concern regarding work force planning, which

may include the joint recommendation of demonstration
projects to address identified issues, and to review
matters relative to redeployment of employees affected
by the State’s exercise of its right to contract out. The
Committee is not intended to be policy making or
regulatory in nature; rather it is intended to be advisory
on matters of work force planning. Matters of mutual
concern include, but are not limited to:

(1) identification, research, development and
implementation of work force planning strategies;

(2) fostering effective work force stabilization by
utilization of attrition and the establishment of long and
short-term human resource goals;

(3) the concept of exploring alternative State
employment for employees who become permanently
disabled from the performance of their duties;

(4) establishment of a skills inventory system that can
expand placement alternatives for new or existing job
opportunities;

(5) study and develop procedures and programs to
facilitate training and retraining alternatives aimed at
responding to changes and work force requirements,
new technology, and promoting work force
stabilization;

(6) examination of employment security models in the
public sector in relation to their potential application to
New York State.

The parties recognize that work force planning is a work
place issue. As such, a cooperative working relationship
will be encouraged between all State employee
negotiating units and the State.

§22.4 The State shall seek the appropriation of funds by
the Legislature to support activities of the Joint
Committee and to support activities associated with
identification, research, development and
implementation of alternative work force strategies that
will foster effective work force stabilization, in the
amount of $350,000 in each year of the Agreement.

Add to all contracts:

APPENDIX VIII
ARTICLE 22-EMPLOYMENT SECURITY

A. REDEPLOYMENT PROCESS AND
PROCEDURES

This process and procedure is developed to support
the provisions of Article 22 regarding the redeployment
of permanent employees impacted by the State’s right to
contract out for goods and services.

It is the State’s intent to redeploy employees affected
to the maximum extent possible in instances where the
positions will be eliminated as a result of the contracting
out for goods and services. All agencies will work
cooperatively to ensure that every opportunity to
redeploy is explored. Employees will be flexible in
considering redeployment alternatives.

(1) General Redeployment Rules and Definitions

(A) Rules

(1) All employees whose functions will be
contracted out will be placed on a redeployment list
with the employees’ eligibility remaining in effect until
the employee is redeployed, exercises his or her
displacement or reemployment rights, or is separated
pursuant to the provisions of Article 22.1, However,
such list, established pursuant to the intended
contracting out of the specific function, will expire
when all employees on that list are either redeployed,
exercise their displacement or reemployment rights, or
are separated pursuant to Article 22.1. In the event that
not all employees in an affected title in a layoff unit
must be redeployed, eligibility for retention shall be
based on seniority as defined in Section 80 and 80-a of
the Civil Service Law, except that employees in such
affected titles may voluntarily elect to be redeployed. In
the event that more employees elect redeployment than
can be accommodated, eligibility for redeployment shall
be in order of seniority as defined in Section 80 and 80-
aof this law. The names of persons on a redeployment
list shall be certified for redeployment in order of
seniority.

(2) Redeployment under the terms of Article 22 shall

not be used for disciplinary reasons.

(3) The State shall make its best efforts to arrange
with other non-executive branch agencies, authorities
and other governmental entities to place redeployed
personnel should redeployment in the classified service
not be possible.

(4) A vacancy in any State department or agency shall
not be filled by any other means, except by
redeployment until authorized by the Department of
Civil Service. Agencies with authority to fill vacancies
will be required to use the redeployment list provided
by the Department of Civil Service to fill vacancies.

(5) Employees offered redeployment shall have at
least five (5) working days to accept or decline the offer.

(6) Full-time employees will be redeployed to full
time assignments and part-time employees will be
redeployed to part-time assignments.

(7) Redeployment opportunities within ASU, ISU,
OSU and DMNA shall first be offered to affected
employees in the units. Exceptions to this section may
be agreed to by the Employment Security Committee.

(8) (a)Primary redeployment shall mean
redeployment to the employee’s current title or a title
determined by the Department of Civil Service to have
substantially equivalent tests, qualifications or duties.
Comparability determinations shall be as broad as
possible.

(b) Secondary redeployment shall be to a title for
which the employee qualifies by virtue of his or her own
background and qualifications. it shall not be
mandatory for either party. The State shall make its best
efforts to identify suitable available positions and
arrange for placements. Secondary redeployment shall
not be considered until primary redeployment
alternatives are fully explored.

(c) Employees who are redeployed to comparable titles
or through secondary redeployment in a lower salary
grade shall be placed on reemployment lists.

(9) Agencies with employees to be redeployed shall
notify the Department of Civil Service of the name, title
and date of appointment of affected employees at least
90 days prior to the effective date of the contract for
goods and services which makes redeployment
necessary. Agencies shall be responsible for managing
the redeployment effort in conjunction with the
Department of Civil Service. Employees to be
redeployed shall be notified by their agency at the same
time as the agency notifies the Department of Civil
Service.

(10) Redeployment to current or comparable titles
shall be accomplished without loss to the redeployed
employee of compensation, seniority or benefits (except
as affected by new bargaining unit designations).
Future increases in compensation of employees
redeployed to comparable titles shall be determined by
the position to which the employee is redeployed.
Subsequently negotiated salary increases shall not
permit an employee to exceed the second longevity step
of the new position.

(11) Salary upon secondary redeployment shall be that
appropriate for the salary grade to which the employee
is redeployed, as calculated by the Office of the State
Comptroller and/or the Director of Classification and
Compensation, as appropriate.

(12) An employee may elect redeployment to any
county in New York State, but the employee may not
decline primary redeployment in his/her county of
residence, or county of current work location. Such
declination will result in layoff without the transition
benefits of Article 22.1(b) of the Agreement.

(13) Any fees required by the Agency or the
Department of Civil Service upon the redeployment of
an employee shall be waived. Redeployed employees
who qualify for moving expenses under the State
Finance Law Section 202 and the regulations thereunder
shall be entitled to payment at the rates provided for in
the Rules of the Director of the Budget 9 NYCRR Part
155:

(14) Probation

(a) Permanent non-probationers redeployed to

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10 May 1995 g tor

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

positions in their own title shall not be subject to further
probation.

(b) Probationers redeployed to positions in their own
title shall serve the balance of their probationary period -
in the new agency.

(c) Employees redeployed to comparable titles or
under secondary redeployment shall be subject to a
probationary period in accordance with the Rules for
the Classified Service.

(d)Employees who fail probation shall be eligible for
layoff and preferred list rights in their original titles.

(B) Definitions

(1) Seniority shall be determined by Section 80 of the
Civil Service Law for competitive class employees and
by Article 20.1 of the Agreement for non-competitive
and labor class employees.

(2) In the event that two or more employees have the
same seniority date, the employee with the earliest
seniority date in an affected title shall be deemed to
have the greater seniority. Further tie breaking
procedures shall be developed by the Committee and
applied consistently.

(2) Role of the Employment Security Committee

The Committee shall meet at least bimonthly to
discuss open issues related to the redeployment process.
Such issues shall include, but not be limited to: vacancy
availability; information sharing in hiring and
redeployment; dispute resolution; Civil Service layoff
procedures; hardship claims from individual employees
in the redeployment process. The Committee shall also
explore the viability of expanding the redeployment
concept to other reduction in force situations.

(3) Grievability and Dispute Resolution

(a) The application of terms of the Appendix shall be
grievable only up to Step III of the provisions of Article
34 (Grievance and Arbitration Procedure).

(b) Disputes raised to the Step III level will be
reviewed by the Employment Security Committee for
attempted resolution. If a decision must eventually be
rendered and no resolution is agreed to, the decision
shall be issued pursuant to the procedures outlined in
Article 34.1(b).

B. EDUCATION STIPEND

(1) Eligibility

(a) The Education Stipend shall solely apply to
permanent employees who are eligible as per Article
22.1, who have agreed to accept the terms as set forth
herein and have been notified of their acceptance by the
State.

(b) Employees who have exercised one of the options
described in §22.1(b)(ii), (iii) of the Agreement and
related Appendices shall be ineligible for the education
stipend set forth herein.

(2) Stipend

An employee may elect to receive an education
stipend for full tuition and fees at an educational
institution or organization of the employee’s choosing
to pursue course work or training offered by such
institution or organization provided, however, that the
employee meets the entrance and/or course enrollment
requirements, The maximum stipend cannot exceed the
one year (two semester) SUNY tuition maximum for
Resident Graduate Students. Such tuition will be paid
by the State directly to the institution in which the
employee is pursuing course work, subject to
certification of payment by the agency.

(3) Health Insurance

A permanent affected employee, who elects the
education stipend and is separated, shall continue to be
covered under the State Health Insurance Plan at the
same contribution rate as an active employee for one
year following such separation or until reemployment
by the State or employment by another employer,
whichever occurs first.

C, SEVERANCE OPTION
(1) Definitions

(a) The terms “affected employee” and “affected
employees” shall refer to those employees of the State
of New York who are represented by the Civil Service

Employees Association, Inc. and who are subject to
redeployment pursuant to provisions of Article 22.1,
unless otherwise indicated herein.

(b) The term “Service” shall mean an employee's
State service as would be determined by the Retirement
System, regardless of jurisdictional class or Civil
Service status.

(2) Eligibility

(a) The severance benefits provided by this Severance
Option shall apply solely to permanent employees who
are eligible pursuant to $22.1 of the 1995-99 Collective
Bargaining Agreement, and

(b) who have agreed to accept the terms as set forth
herein; have been notified of their acceptance by the
State; have executed a Severance Agreement; and are
subject further to the limitations set forth in §2(c) below.

(c) Employees who have declined a primary
redeployment opportunity shall be ineligible for the
severance benefits set forth in this Severance Option.

(3) Payment Schedule

(a) Other than those covered under (b) below, all
affected employees with at least six (6) months, but less
than one year of service are eligible to receive $2,000
or two weeks’ base pay, whichever is greater.

Each additional year of service will result in a $600
increase per year to a maximum of $15,000. However,
employees in the following categories will receive the
amount specified if that amount exceeds that which
would be otherwise payable:

One year of service, but less than three years of
service
4 Weeks of Base Pay

Three years of service but less than five years
6 Weeks of Base Pay

Five years of service, but less than ten years of
service
8 Weeks of Base Pay

(b) Affected employees 50 years of age or over may
choose the schedule in (a) above or the following, at
their option:

o Employees with 10 years of service, but less than
15 are eligible to receive 20% of base annual salary.
o Employees with 15 years of service, but less than
20 are eligible to receive 30% of base annual salary.
o Employees with 20 years of service, but less than
25 are eligible to receive 40% of base annual salary.
o Employees with 25 years of service or more are
eligible to receive 50% of base annual salary.
(4) Payment Conditions
(a) All payments made to affected employees under
the Severance Option shall be reduced by such amounts
as are required to be withheld with respect thereto
under all federal, state and local tax laws and regulations
and any other applicable laws and regulations. In
addition, the severance payment made pursuant to §3 of
this Severance Option shall not be considered as part of
salary or wages for the purposes of determining State
and member pension contributions and for the purposes
of computing all benefits administered by the New
York State Employees Retirement System.

(b) All payments made to affected employees under
this Severance Option are considered to be one-time
payments and shall not be pensionable. Each affected
employee must execute a Severance Agreement (sample
attached hereto) prior to separation from State service in
order to be eligible to receive said payment.

(c) Inno event shall an affected employee who
retums to State service receive severance pay in an
amount that would exceed that which he would
otherwise have received as base annual salary during the
period of separation from state service. Should the
amount of severance pay exceed the amount of base
annual pay otherwise earned during the period of
separation from State service, said employee shall
repay the difference pursuant to the following rules:

(i) Any affected employee who resumes State se:
shall repay such excess payments received within one
(1) year of the employee’s return to payroll, by payroll

deductions in equal amounts.

(ii) Nothing in this Section 4(c) shall affect the State’s
right to recover the full amount of the monetary
severance payment by other lawful means if it has not
recovered the full amount by payroll deduction within
the time periods set forth herein.

(5) Grievability and Dispute Resolution

(a) The application of terms of the Appendix shall be
grievable only up to Step III of the provisions of Article
34 (Grievance and Arbitration Procedure).

(6) Health Insurance

A permanent affected employee, who elects the
severance option and is separated, shall continue to be
covered under the State Health Insurance Plan at the
same contribution rate as an active employee for one
year following such separation or until reemployment
by the State or employment by another employer,
whichever occurs first.

(7) Savings Clause

If any provision of this Severance Option is found to
be invalid by a decision of a tribunal of competent
jurisdiction, then such specific provision or part thereof
specified in such decision shall be of no force and
effect, but the remainder of this Severance Option shall
continue in full force and effect.

SAMPLE
SEVERANCE AGREEMENT

I hereby apply for the severance benefits as
described in the Severance Option (Appendix VIII, §C)
of the 1995-99 Collective Bargaining Agreement) and
agree to accept such benefits if my application is
approved by the State of New York. I understand that
the State of New York shall approve applications of all
employees who are eligible to apply for such benefits
pursuant to the provisions of Section 22.1 of the 1995-
99 Collective Bargaining Agreement.

l understand that by accepting these severance
benefits, I agree to be bound by the terms and
conditions set forth in Appendix VIII, §C, which is
incorporated herein by reference. These terms and
conditions include the following:

J understand that I shall not be required to make any
payment on account of the monetary severance payment
and/or any other benefits I receive pursuant to this
agreement into any Retirement or Pension System or
Plan of which | am or may become a member, nor shall
any such payment be permitted.

T understand that the State of New York shall not be
required to make any contribution or payment into any
Retirement or Pension System or Plan of which Iam or
may hereafter become a member based upon the
monetary severance payment, and/or any other benefits
I receive pursuant to this Agreement.

T understand that any monetary severance payment
and/or other benefits paid to me pursuant to this
agreement shall not be considered in computing the
amount of benefits or allowances to which I or my
beneficiaries or heirs may be entitled under any
Retirement or Pension System or Plan of which I am or
may hereafter become a member.

T understand that, in exchange for my agreement to
all the terms and conditions set forth in Appendix VIII,
§C, the State will do the following:

The State will pay me a monetary severance payment
in the amount determined in accordance with my length
of service, as described in Appendix VIII, §C.

(Continued on next page)

May 1995

11,

PEt nt tad cs ne sar a Vise ne fat roa RSNA A aa ae eee bad DI Dheee oeMialieaeY) Ge a Eine Ais OTA

STATE GOVERNMENT NEWS

Additions, delections to 1995-99 CSEA/NYS contracts

(Continued from previous page)

This written agreement, including Appendix VIII, §C
referenced herein, contains all the terms and conditions
agreed upon by the parties. In the event that the terms
of this agreement conflict with the 1995-99 Collective
Bargaining Agreement between the State and the Civil
Service Employees Association, Inc., the terms of the
1995-99 Collective Bargaining Agreement shall prevail.

I accept the severance benefits as described in
Appendix VIII, §C to the 1995-99 Collective
Bargaining Agreement between the Civil Service
Employees Association, Inc. and the State of New
York.

Please Print:

Employee’s Name

Employee’s Social Security Number
Employee’s Agency

Employee’s Civil Service Title

Signed
Date
Sworn to before me this date of
Notary Public
ARTICLE 22 LETTER

When contracting out for services currently
performed by CSEA represented State employees is
under consideration, and may result in position
abolition, the process outlined herein shall be followed
in order to inform the Civil Service Employees
Association, Inc. and allow for full discussion of
alternatives.

Where the State determines that contracting out for
services currently performed by CSEA-represented
State employees may be plausible, the State, through the
Governor’s Office of Employee Relations, shall notify
CSEA, Inc. by personal delivery or Certified Mail,
Return Receipt Requested.

A copy of the specifications which may appear in an
ultimate Request for Proposal shall be provided with the
notification, and such notification shall be provided no
later than 90 days prior to an award of any contract.
CSEA, Inc. shall have 10 calendar days to request to
meet and confer on the State’s intent. Such meeting and
discussion must be conducted within 15 calendar days
of receipt of CSBA, Inc.’s request.

In addition to bid specifications, during the period the
parties are meeting, CSEA, Inc. shall be provided with
descriptions of goods or services proposed to be
provided by vendors or providers, the estimated
anticipated cost of the contract and the estimated cost of
doing the work in-house, and the resulting Request for
Proposal.

CSEA, Inc. shall have the opportunity to provide
written alternatives to the proposed contracting out.
Should CSEA, Inc. choose to use this opportunity,
alternatives must be provided to the State, in writing,
within 45 calendar days of the commencement of
discussion in order to have the alternatives considered.

If the written alternatives presented by CSEA, Inc.

are rejected, CSEA, Inc. must be apprised of the reasons
in writing, within 10 calendar days of receipt. If the
written alternatives presented by CSEA, Inc. are
accepted, and such action affects terms and conditions
of employment, the State and CSEA, Ine. through the
Governor's Office of Employee Relations shall develop
a Memorandum of Understanding that can override
contrary existing Collective Bargaining Agreement
provisions in order to make the alternatives acceptable.

ARTICLE 23 (ASU, ISU, OSU)-OVERTIME MEAL
ALLOWANCE

ARTICLE 19 (DMNA)-OVERTIME, RECALL
AND SCHEDULING AND OVERTIME MEAL
ALLOWANCE

Add as §23.3; ASU/OSU
23.5: ISU
DMNA

§19.

ASU/OSU

Less than Full-Time Employees

Less than full-time employees shall be eligible to
receive a meal allowance if they actually work eleven
consecutive hours.

Less than full-time employees whose regularly
scheduled work day exceeds eight hours will also be
eligible for a meal allowance if they work,
consecutively, their regular schedule plus at least three
(3) hours, as contained in §23.1(a).

DMNA

Less than Full-Time Employees

Less than full-time employees shall be eligible to
receive a meal allowance if they actually work eleven
consecutive work hours.

ISU

Less than Full-Time Employees

Less than full-time employees shall be eligible to
receive a meal allowance if they actually work twelve
consecutive hours.

ARTICLE 24 - OUT-OF-TITLE WORK

Add as new §24.2(b)(2) (ASU, OSU, DMNA),
§24.3(b)(2) (ISU):

ASU, OSU, DMNA

If the grievance is sustained by the agency and a
monetary award is recommended, a request for
affirmation of the agency decision must be filed by
CSEA with the Director of the Goyernor’s Office of
Employee Relations within ten calendar days of receipt
of the agency opinion. Such request shall be processed
in the manner of an appeal in accordance with the
provisions of Article 24.2(c), (d) and (e). To expedite
final determination, a copy of such request may be filed
directly to the Director of Classification and
Compensation, No monetary award may be granted
without an affirmative recommendation by the Director
of the Governor’s Office of Employee Relations.

ISU

If the grievance is sustained by the agency and a
monetary award is recommended, a request for
affirmation of the agency decision must be filed by

CSEA with the Director of the Governor's Office of
Employee Relations within ten calendar days of receipt
of the agency opinion. Such request shall be processed
in the manner of an appeal in accordance with the
provisions of Article 24.3(c), (d) and (e). To expedite
final determination, a copy of such request may be filed
directly to the Director of Classification and
Compensation. No monetary award may be granted
without an affirmative recommendation by the Director
of the Governor’s Office of Employee Relations.

ARTICLE 28 - CIVIL SERVICE EXAMINATIONS
Delete §28.1 and replace with:

§28.1 Alternate Examination Dates

In the event an employee in this unit is unable to
participate in an examination because of the death,
within seven days immediately preceding the scheduled
date of an examination, of any relative or relative-in-
law, or any person with whom the employee has been
making his or her home, such employee shall be given
an opportunity to take such examination at a later date,
but in no event shall such examination be rescheduled
sooner than seven days following the date of death. The
Department of Civil Service shall prescribe appropriate
procedures for reporting the death and applying for the
examination. Appropriate arrangements shall be made
in circumstances where there is a protracted period
between the death and the burial.

ARTICLE 29 - CHILD CARE
Delete §29.8 and replace with:

§29.8 The State shall prepare, secure introduction and
recommend passage by the Legislature of such
legislation as may be appropriate and necessary to
obtain appropriations of $1,820,000 in each year of the
Agreement to fund the activities of the Committee.

ARTICLE 30 (ASU, ISU, OSU)/ARTICLE 20
(DMNA) EMPLOYEE BENEFIT FUND

Delete §30.2 (a), (b) and (c) (ASU, ISU, OSU), §20.2
(a), (b) and (c) (DMNA) and replace with:

§30.2: (ASU, ISU, OSU)

§20.2 : (DMNA)

The State shall deposit in the CSEA Employee Benefit
Fund an amount equal to $187.50 per employee for each
quarter of each year beginning April 1, 1995 and ending
March 31, 1999; such amounts to be deposited as soon
as practicable after the first day of each quarter.

ARTICLE 31 (ASU, ISU, OSU) ARTICLE 25
(DMNA)
LABOR/MANAGEMENT MEETINGS

Delete: §31.5 (ASU/OSU), $31.6 (ISU) and §25.6
(DMNA) and replace with:

The results of a labor/management meeting held

pursuant to this Article shall not contravene any term or
provision of this Agreement or exceed the authority of
the management at the level at which the meeting
occurs. It is recommended that understandings that
result in a local agreement should include a date by
which the local agreement is to sunset. Such results
shall not be subject to the provisions of Article 34,
Grievance and Arbitration.

ARTICLE 34 - GRIEVANCE AND ARBITRATION
Delete §34.4(d) (3)-(9) and replace with:

(3) All contract grievances appealed to arbitration
shall be heard by a single Master Arbitrator, who shall

be mutually selected by the parties. All such grievances
shall be heard and reviewed by the Master Arbitrator
during the Triage phase of Step 4. At the Triage phase,
the parties shall be represented by staff and/or counsel,

(Continued on next page)

12 May 1995 g tor

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

and shall present all relevant information, documents
and argument to the Master Arbitrator.

(4) The Master Arbitrator shall have complete
authority at the Triage phase of Step 4 to sustain or deny
the grievance. If the Master Arbitrator determines that
an evidentiary hearing is necessary, the grievance shall
be scheduled for expedited arbitration before the Master
Arbitrator for the next available hearing date. The
Master Arbitrator shall discuss with the parties the
specific issue to be arbitrated, and the specific witnesses
who shall testify at the expedited arbitration. The
Master Arbitrator shall have the authority to preclude
witnesses he/she determines to be non-essential to the
issue(s) before him/her.

(5) The parties may provide legal counsel at the
expedited arbitration. All relevant facts and documents
shall be stipulated to at the expedited arbitration, and
witnesses may be presented upon the approval of the
Master Arbitrator. Except in exceptional cases, there
will be no written briefs filed; verbal closing statements
will be allowed. The Master Arbitrator shall take notice
of all relevant prior arbitration decisions. The Master
Arbitrator shall render a written award no later than
thirty (30) days after the close of the hearing.

(6) Upon mutual agreement by CSEA and the State,
and with the consent of the Master Arbitrator, certain
grievances shall be heard before the Master Arbitrator in
a traditional arbitration setting, allowing a full range of
witnesses and the submission of written briefs. In
exceptional cases, at the request of the Master
Arbitrator, an outside ad hoc arbitrator may be employed
to hear and determine a specific grievance or issue, as
agreed upon by the parties,

(7) The Master Arbitrator shall have full authority to
resolve all procedural and substantive contractual issues
at either the Triage phase or the Expedited Arbitration
phase of Step 4, but shall have no power to add to,
subtract from or modify the terms or provisions of this
Agreement. The Master Arbitrator shall confine his/her
award solely to the application and/or interpretation of
this Agreement. All awards of the Master Arbitrator,
both at the Triage phase and at the Expedited Arbitration
phase, shall be final and binding consistent with the
provisions of CPLR Article 75.

(8) The Master Arbitrator shall be available for a
specified number of days in each month to review and
resolve grievances and to study and issue awards, as
agreed upon by the parties. All fees and expenses of the
Master Arbitrator shall be divided equally between the
parties. The parties agree that the Master Arbitrator
shall be paid the customary fees for such arbitration
services.

ARTICLE 36 (ASU) - JOB ABANDONMENT
Delete §36.1(b) and replace with:

§36(b) Prior to the conclusion of this 15 day period, the
appointing authority shall notify the employee and the
CSEA Local President by certified mail, return receipt
requested, that his or her absence is considered
unauthorized and would be deemed to constitute
resignation pursuant to Article 36.

ARTICLE 38 (ASU, ISU, OSU)/ARTICLE 29
(DMNA)
EMPLOYEE ASSISTANCE PROGRAM

Delete Article and replace with:

Employee Assistance Program

In recognition of the mutual advantage to the employees
and the employer inherent in an employee assistance
program the State shall prepare, secure introduction and
recommend passage by the Legislature of such
legislation as may be appropriate and necessary to
obtain an appropriation of $450,000 in each year of the
Agreement to continue the Employee Assistance
Program effort. The present joint labor/management
arrangement, which recognizes the need for combined

representation of all employee negotiating units and the
State in a single work place employee a:
program, shall continue.

ARTICLE 43 - REIMBURSEMENT FOR
PROPERTY DAMAGE (ASU, ISU, OSU)

Delete Article and replace with:

ASU

ARTICLE 43

Payment of Personal Property Damage Claims
§43.1(a) The State agrees to establish procedures,
subject to reasonable rules and regulations of the
Comptroller, to provide for payment of claims not in
excess of $350 submitted by an employee and approved
by the appointing authority, or their designee, for
personal property damaged or destroyed by an inmate,
patient or client of such department or agency in the
course of such employee’s performance of their official
duties without fault as provided for by Subdivision 12 of
Section 8 of the State Finance Law.

(b) The State shall appropriate an amount not to exceed
$25,000 for each year of this Agreement to be
administered by the Comptroller, to reimburse
employees for personal property damage or destruction
not covered by the provisions of Subdivision 12 of
Section 8 of the State Finance Law, subject to the
following:

(1) When investigation of a reported incident by the
department or agency substantiates an employee’s claim
for reimbursement for personal property damage or
destruction, incurred in the actual performance of work,
where the employee was not negligent, the employee’s
claim shall be expedited in accordance with procedures
established by the Comptroller and approved by the
Division of Budget. The procedures shall include the
authority to adjust amounts of reimbursement. The
maximum claim reimbursement shall be $350.

(2) Where practicable, upon request of the employee,
and subject to availability of funds, the department or
agency may make payment up to that amount stated in
Section 115, Subparagraph 3 of the State Finance Law
out of local funds, pursuant to Comptroller regulations.
$43.2 Grievances alleging violation of this Article shall
not be arbitrable, rather they shall be processed pursuant
to Article 34.1(b). Alternative procedures may be
developed, as necessary, by mutual agreement of the
parties.

ISU

ARTICLE 43

Reimbursement for Property Damage

$43.1(a) The State agrees to continue to provide for the
uniform administration of the procedure for
reimbursement to employees for personal property
damage or destruction as provided for by Subdivision
12 of Section 8 of the State Finance Law. The State and
CSEA shall bilaterally agree on any changes of the
provisions for such administration, and the Comptroller
shall draft and promulgate rules and regulations
consistent therewith. Such regulations shall include
uniform guidelines for administration including
procedures for filing and recording of claims, required
evidence and documentation, approval, where
appropriate, by the institution head with an appeal to the
head of the department, schedule of payments with
authority in the Comptroller to adjust such amounts as
circumstances warrant, Allowances shall be based upon
the reasonable value of the property involved and
payment shall be made against a release. Payments of
less than that amount stated in Section 115,
Subparagraph 3 of the State Finance Law shall be made
out of local funds at the institution level.

(1) When investigation of a reported incident by the

department or agency substantiates an employee's claim
for reimbursement for personal property damage or
destruction, incurred in the actual performance of work,
where the employee was not negligent, the employee’s
claim shall be expedited in accordance with procedures
established by the Comptroller and approved by the
Division of the Budget. The procedures shall include
the authority to adjust amounts of reimbursement. The
maximum claim reimbursement shall be $350.

(2) Where practicable, upon request of the employee,
and subject to availability of funds, the department or
agency may make payment up to that amount stated in
Section 115, Subparagraph 3 of the State Finance Law
out of local funds, pursuant to Comptroller regulations.
(3) Disputes regarding final disposition of claims
pursued under this provision shall not be arbitrable. The
employee’s recourse shall be the Court of Claims.

OSU

ARTICLE 43

Reimbursement for Property Damage

§43.1(a) The Employer agrees to provide for the
uniform administration of the procedure for
reimbursement to employees for personal property
damage or destruction as provided for by Subdivision 12
of Section 8 of the State Finance Law.

(b) The Employer agrees to provide for payments of up
to that amount stated in Section 115, Subparagraph 3 of
the State Finance Law out of local funds at the
institution level as provided by subdivision 12 of
Section 8 of the State Finance Law.

(c) Allowances shall be based upon the reasonable value
of the property involved and payment shall be made
against a satisfactory release.

$43.2 The State shall appropriate an amount not to
exceed $25,000 for each year of this Agreement to be
administered by the Comptroller, to reimburse
employees for personal property damage or destruction
not covered by the provisions of subdivision 12 of
Section 8 of the State Finance Law, subject to the
following:

(a) When investigation of a reported incident by the
department or agency substantiates an employee’s claim
for reimbursement for personal property damage or
destruction, incurred in the actual performance of work,
where the employee was not negligent, the employee’s
claim shall be expedited in accordance with procedures
established by the Comptroller and approved by the
Division of the Budget. The procedures shall include
the authority to adjust amounts of reimbursement. The
maximum claim reimbursement shall be $350.

(b) Where practicable, upon request of the employee,
and subject to availability of funds, the department or
agency may make payment up to that amount stated in
Section 115, Subparagraph 3 of the State Finance Law
out of local funds, pursuant to Comptroller regulations.
(c) Disputes regarding final disposition of claims
pursued under this provision shall not be arbitrable. The
employee’s recourse shall be the Court of Claims.

ARTICLE 44 (OSU) - DEFINITION OF
SENIORITY

§44.1(c): Delete Canal Shop

Add:

§44.2 Definition of Seniority

In the event of a facility closure, an employee who
exercises layoff rights, is employed by the same agency
and is employed within the same title series shall, for
purposes outlined in this Article, be given credit for their
continuous service in the closed entity.

ARTICLE 45 (OSU and ISU)

(OSU) POSTING AND JOB VACANCIES

(ISU) POSTING AND BIDDING FOR JOB
VACANCIES

§45.1(a): Add DDSO to parenthetical phrase after
“institution;”,

(Continued on next page)

¢g A : May 1995 13

STATE GOVERNMENT NEWS

Additions, deletions to 1995-99 CSEA/NYS contracts

(Continued from previous page)

DURATION OF AGREEMENT:
ARTICLE 52: ASU

ARTICLE 57: OSU

ARTICLE 58: ISU

ARTICLE 45: DMNA

Delete present Article and replace with:

The term of this Agreement shall be from April 2, 1995
to April 1, 1999.

COUNSELING APPENDIX:
Add as new Appendix:

COUNSELING

Counseling is an effort on the part of a supervisor to
provide to an employee, positively or negatively,
significant feedback regarding on-the-job activity. It is
meant to be a positive communication device, clarifying
what has occurred and what is expected. Counseling is
not disciplinary, having constructive goals, such as
assisting in employee development, or teaching or
modifying behavior. It involves face-to-face contact
and out of respect to the employee and the process, must
be conducted in private.

Counseling is not viewed as a routine matter, When
contemplating the issuance of a follow-up memo,
supervisors should consider if that level of normal
response is necessary or appropriate. Not all incidents
require counseling, not all counseling requires the
issuance of a memo. Consideration of this action may
be appropriate for discussion with higher levels of
supervision and/or the personnel department. If such a
memo is issued to an employee, it must accurately
describe the discussion and clearly establish
expectations for the future. Overall, counseling is
viewed as a supportive supervisory means of
communicating with employees.

Any grievance regarding counseling is grievable only to
the extent provided by Article 18 of the Agreement.

LEAVE DONATION APPENDIX
Add as new Appendix:

This Appendix describes the leave donation program
applicable to employees of this Bargaining Unit.
Detailed guidelines on program administration are
contained in Attendance and Leave Manual
Appendix H.

A. Program Description

The intent of the Leave Donation Program is to provide
a means of assisting employees who, because of long-
term personal illness, have exhausted their accrued leave
credits and would otherwise be subject to a severe loss
of income during a continuing absence from work. This
Appendix extends the provisions of the Leave Donation
Pilot Program.

B. Eligibility Criteria - Donors

In order to donate vacation credits an employee of this
unit:

-must be employed in the same department or agency as
the employee to whom donations are made;

-must have a minimum vacation balance of at least ten
days after making the donation, based on the donor's
work schedule. Vacation credits which would otherwise
be forfeited may not be donated;

-donor identity is kept strictly confidential.

C. Eligibility Criteria - Recipients

In order to receive donated leave credits, an employee of

this unit must;

-be subject to the Attendance Rules or otherwise eligible
to earn leave credits;

-be absent due to a non-occupational personal illness or

disability for which medical documentation satisfactory
to management is submitted as required;

14 May 1995 ; g A

-have exhausted all leave credits;

-be expected to continue to be absent for at least two bi-
weekly payroll periods following exhaustion of leave
credits or sick leave at half-pay;

-not have had any disciplinary actions or unsatisfactory
performance evaluations within the employee's last
three years of State employment;

-be employed in the same agency or department as the
prospective donor though not necessarily in the same
facility or location.

D. Donation to and From Employees in Other Units
Employees of this Unit may participate in the voluntary
donation or receipt of accrued vacation credits with
employees in other bargaining units or those designated
MIC subject to the following conditions:

-Vacation credits may only be donated, received, or
credited between employees of the same department or
agency who are deemed eligibie to participate in an
authorized leave donation program, provided that there
is simultaneously in effect a Leave Donation Exchange
Memorandum of Agreement between the Governor’s
Office of Employee Relations and the employee
organizations representing both the proposed recipient
and the proposed donor, or applicable attendance rules
for managerial or confidential employees.

-The donations are governed by the provisions of the
program applicable to the donor; receipt, crediting and
use of donations are governed by the provisions of the
program applicable to the recipient.

E. Restrictions on Donations

Only vacation credits which would not otherwise be
forfeited may be donated. Credits must be donated in
full-day units (7.5 or 8 hours). There is no limit on the
number of times an eligible donor may make donations.
Donated credits not used by recipients are returned to
the donor.

There is no maximum number of days which a recipient
employee may accept, provided, however, that donated
credits cannot be used to extend employment beyond the
point it would otherwise end by operation of law, rule or
regulation. There is no maximum number of donors
from whom an eligible employee may accept donations.

An employee’s continuing eligibility to participate in
this program must be reviewed by the agency personnel
office at least every 30 days and more frequently if
appropriate, based on current standards as to what
constitutes satisfactory medical documentation.

F. Use of Donated Credits

Donated credits may be used, at the employee's option,
in full-day units after exhaustion of all leave credits
prior to sick leave at half-pay, or in either full or half-
day units after exhaustion of sick leave at half-pay.

An employee who opts to use donated credits prior to
sick leave at half-pay is permitted to participate again in
this program following exhaustion of sick leave at half-
pay. Use in full or half-day units is based on the

ipient employee’s work schedule.

G. Status of Recipient Employees

Recipient employees are deemed to be in leave without
pay status for attendance and leave purposes while
charging donated leave credits. They do not earn bi-
weekly accruals or observe holidays, nor do they receive
personal leave or vacation bonus days if their
anniversary dates fall while using donated leave credits.
Time charged to donated leave credits does not count as
service for earning additional eligibility for sick leave at
half-pay

Employees using donated leave receive retirement
service credit for days in pay status.

Health insurance premiums, retirement contributions
and other payroll deductions continue to be withheld
from the employee's paycheck so long as the check is of
an amount sufficient to cover these deductions.

H. Solicitations

Donations may be solicited by the recipient employee,
on his or her behalf by coworkers or by local union
representatives. The employing agency may not solicit
donations on the employee’s behalf.

I. Administrative Issues

The employing department or agency is responsible for
verifying medical documentation, reviewing eligibility
requirements, approving and processing donations,
confirming employee acceptance of donations and
transferring credits.

This program is not subject to the grievance procedure
contained in this Agreement.

For the further
information of CSEA
members, two video
tapes concerning the

1995-99 CSEA/NYS
contracts are available
for viewing from your

CSEA state

local president.

One is a video of the
statewide teleconference
held on April 20. The

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