American Federation of State, County and Municipal Employees Local 2021/ DC 37/ AFL-CIO

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2002-2005 CITY-WIDE AGREEMENT TABLE OF CONTENTS

(WEB AUTHORS' NOTE-all amendments to the previous contracts that make this the current contract are highlighted in dark red and links are in indigo blue)

ARTICLE I
UNION RECOGNITION ON CITYWIDE MATTERS

ARTICLE II
WORK WEEK

ARTICLE III
SHIFT DIFFERENTIAL AND HOLIDAY PREMIUM

ARTICLE IV
OVERTIME

ARTICLE V
TIME AND LEAVE

ARTICLE VI
TIME AND LEAVE VARIATIONS

ARTICLE VII
HEALTH INSURANCE

ARTICLE VIII
CAR ALLOWANCES

ARTICLE IX
PERSONNEL AND PAY PRACTICES

ARTICLE X
EVALUATIONS AND PERSONNEL FOLDERS

ARTICLE XI
CIVIL SERVICE, CAREER DEVELOPMENT

ARTICLE XII
UNION RIGHTS

ARTICLE XIII
WELFARE FUNDS

ARTICLE XIV
OCCUPATIONAL SAFETY AND HEALTH

ARTICLE XV
ADJUSTMENT OF DISPUTES

ARTICLE XVI
DISCIPLINARY PROCEDURE FOR PROVISIONAL EMPLOYESS

ARTICLE XVII
JOB SECURITY

ARTICLE XVIII
VDT OPERATORS

ARTICLE XIX
NO STRIKE

ARTICLE XX
FINANCIAL EMERGENCY ACT

ARTICLE XXI
RESOLUTION

ARTICLE XXII
SAVINGS CLAUSE

2002 - 2005 CITYWIDE AGREEMENT

COLLECTIVE BARGAINING AGREEMENT entered into this _____ day of _______, by and between the City of New York and related public employers pursuant to and limited to their respective elections or statutory requirement to be covered by the New York City Collective Bargaining Law ("NYCCBL") and their respective authorizations to the City to bargain on their behalf and the New York City Health and Hospitals Corporation (hereinafter referred to jointly as the "Employer"), and District Council 37, AFSCME, AFL CIO (the "Union"), for the period from July 1, 2002 - June 30, 2005.

W I T N E SS E T H :

WHEREAS, the parties hereto have entered into collective bargaining and desire to reduce the results thereof to writing, NOW THEREFORE, it is mutually agreed as follows:

ARTICLE I UNION RECOGNITION ON CITYWIDE MATTERS

Section 1.

The Employer recognizes the Union as the sole and exclusive collective bargaining representative on citywide matters, which must be uniform for the following employees:

i. Mayoral agency employees subject to the Career and Salary Plan.

ii. Employees of the Health and Hospitals Corporation with the exception of Group 11 employees and interns and residents.

iii. Employees of the Off Track Betting Corporation and the New York City Housing Authority pursuant and limited to the extent of their respective elections to be covered by the NYCCBL.

iv. Employees of the Comptroller, the District Attorneys, the Borough Presidents, and Public Administrators, who are subject to the Career and Salary Plan, pursuant and limited to the terms of their respective elections to be covered by the NYCCBL, and any museum, library, zoological garden or similar cultural institution for employees whose salary is paid in whole from the City Treasury, pursuant and limited to the election of said cultural institution to be covered by this Agreement.

Section 2. Exclusions

a. Prevailing rate employees are excluded from the coverage of this Agreement.

b. Managerial, confidential, exempt civil service employees, and other employees ineligible for collective bargaining are excluded from the coverage of this Agreement.

Section 3.

The Employer recognizes the Union as the sole and exclusive collective bargaining representative for employees included in the New York City Employees' Retirement System on pension matters which must be uniform for all such employees pursuant to Section 1173 4.3(a)(5) of the NYCCBL. In the event that the current prohibition against bargaining for retirement benefits is discontinued, the parties agree to reopen negotiations on this matter.

Section 4.

For the purposes of this Agreement, the term "employee" shall mean a full time per annum worker, unless otherwise specifically indicated herein.

Section 5.

Effective January 1, 2000 and each April 1^st,July 1^st, October 1^st or January 1^st thereafter, any per diem employee who has worked the appropriate number of hours in the normal full-time week established for such per annum title as listed in Appendix A of this Citywide Agreement for at least eighteen (18) continuous months immediately preceding the beginning of such quarter, and who continues to meet the above-stated conditions without a break in service of more than 31 days, shall be deemed to be an "employee" under Article I, Section 4 of the Citywide Agreement, subject to the conditions listed below.

a. The following sections of the Citywide Agreement shall not be applicable: Article V, Sections 18 (summer hours) and 19 (per diem accrual leave rates); and Article VI, section 8 (summer hours).

b. Seniority for eligibility for benefits pursuant to this Section 5 shall be computed from the date 18 months prior to the date such employee becomes covered by this Section 5.

c. These provision shall not apply to employees hired pursuant to Rule 5.6 of the Personnel Rules and Regulations of the City of New York.

d. Notwithstanding the provisions of this Section 5, an employee, who at the time of appointment to a title is assigned to regularly work the normal full-time work week established for such per annum title as listed in Appendix A must continue to work such on a full-time basis for at least 2 years without a break in service of more than 31 days, to be covered by Article XVI (Disciplinary Procedure For Provisional Employees), subject to the conditions listed below.

i. The employee must have been serving provisionally in such competitive class position on a full-time per diem basis.

ii. Prior provisional service followed by permanent service may not be aggregated with current provisional service (e.g. prior provisional service as a temporary or seasonal "step-up" followed by permanent service may not be counted towards meeting the service requirement in an employee's current provisional position)

e. For the purposes of this Section 5, Article IX, Section 24 and Article XVI the following unpaid time in excess of 31 days will not be deemed a break in service or be counted as service:

i. for maternity/children leave;

ii. for military leave;

iii. jury duty;

iv. for union business pursuant to Executive Order 75:

v. while pending workers' compensation determination;

vi. while on workers' compensation option 2;

vii. due to illness or exhaustion of paid sick leave; and

viii. due to family illness.

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ARTICLE II - WORK WEEK

Section 1.

The normal workweek for employees in each of the titles covered by this Agreement shall be listed in the attached Appendix A. If a title covered by this Agreement is inadvertently omitted from the attached list, the number of hours in the normal work week for employees in such title shall be determined by the parties in accordance with the number of hours being worked by a majority of employees in the affected title and added to Appendix A. The hours in the normal work week for employees in any newly established title which is created during the term of this Agreement and is covered by this Agreement shall be determined by the Employer and added to Appendix A.

Section 2.

Wherever practicable, the normal workweek shall consist of five (5) consecutive working days separated by two (2) consecutive days off. This shall not, however, constitute a bar to the investigation and implementation by the Employer with the Union's participation and consent of flexible workweeks, flexible workdays or other alternative work schedule(s).

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ARTICLE III SHIFT DIFFERENTIAL AND HOLIDAY PREMIUM

This Article is applicable to all employees except those in classes of positions certified by the Board of Certification in Decision No. 50-73 [Doctors Council] and subsequent amendments to said certification.

Section 1.

a. There shall be a shift differential of ten percent (10%) for all employees covered by this Agreement for all scheduled hours worked between 6 P.M. and 8 A.M. with more than one hour of work between 6 P.M. and 8 A.M. This provision shall not apply to employees in the titles of House parent and Senior House parent.

i. For any employees newly hired on or after July 1, 2004, during their first three (3)

years of employment only, this provision shall apply to scheduled hours of work

between 8:00 P.M. and 8:00 A.M.

b. An employee working overtime shall only receive a shift differential if the employee is receiving straight time cash compensation. In such cases the shift differential shall be calculated separately from the overtime compensation. In all other cases, the employee shall receive only the compensatory time or premium overtime pay provided for in Article IV.

Section 2.

a. If an employee is required to work on any of the holidays listed in Section 9 of Article V, the employee shall receive a fifty percent (50%) cash premium for all hours worked on the holiday and shall, in addition, receive compensatory time off at the employee's regular rate of pay. Compensatory time off earned pursuant to this Section may be scheduled by the agency either prior to or after the day on which the holiday falls.

b. If the holiday designated pursuant to this Agreement falls on a Saturday or a Sunday the following provisions shall apply:
i. The fifty percent (50%) cash premium and compensatory time off at the employee's regular rate of pay shall be paid to all employees who work on the actual holiday only.
ii. Employees required to work on the Friday or Monday day of observance designated pursuant to Article V, Section 9 shall receive compensatory time only.
iii. For an employee scheduled to work on both the Saturday or Sunday holiday and the day designated for observance the following shall apply:
(1) If the employee is required to work on only one of such days, the employee shall be deemed to have received compensatory time off and shall receive the fifty percent (50%) cash premium only when required to work on the actual holiday.

(2) If the employee is required to work on both such days, the employee shall receive the fifty percent (50%) cash premium and compensatory time off at the employee's regular rate of pay only for all hours worked on the actual holiday.

c. i. If an employee is required to work on a holiday which falls on the employee's scheduled day off, the employee may choose whether such holiday work is to be compensated by the fifty percent (50%) cash premium and compensatory time off provided for above, or if the employee is otherwise eligible, by the overtime provisions of Article IV.
ii. An employee shall not receive for the same hours of work both (1) overtime pay and (2) the fifty percent (50%) cash premium and compensatory time off.
iii. Regardless of whether the holiday falls on a regular working day or on a scheduled day off, if the number of hours worked on such holiday exceeds the employee's normal daily tour of duty, all hours of work in excess of such normal daily tour of duty shall be covered by the provisions of Article IV.

d. Shifts, which begin at 11 P.M. or later on, the day before the holiday shall be deemed to have been worked entirely on the holiday, and shifts, which begin at 11 P.M. or later on the holiday, shall be deemed not to have been worked on the holiday.

e. As an alternative to the methods of compensation provided in subsections 2(a), 2(b), and 2(c), an employee may elect in writing to receive compensation either entirely in cash or entirely in compensatory time for any such holiday worked. Such election shall be subject to the approval of the agency head, executive director of a hospital, or the Chief of Personnel in the Police Department, or their designee whose decision shall be final. In no case shall the compensation under this provision exceed or be less than the value of the compensation provided under subsections 2(a), 2(b), or 2(c).

Section 3.

a. An employee may receive both a shift differential and holiday premium pay for the same hours of work, but in such cases each shall be computed separately according to subsection 3(b), below.

b. Shift differentials and holiday premium pay shall in all cases be computed on the individual employee's hourly rate of pay as determined in Section 6 of Article IV.

Section 4.

Part time per annum, hourly, per diem, per session and seasonal employees shall be covered by the terms of this Article.

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ARTICLE IV OVERTIME

In the event of any inconsistency between this Article and standards imposed by Federal or State Law, the Federal or State Law shall take precedence unless such Federal or State Law authorizes such inconsistency.

Section 1.

For purpose of the overtime provisions of this Agreement, all time during which an employee is in full pay status, whether or not such time is actually worked, shall be counted in computing the number of hours worked during the week. However, where the Fair Labor Standards Act ("FLSA") provides for more beneficial compensation than the overtime provisions of this Agreement such benefits shall be calculated on the basis of time actually worked

Section 2

a. "Authorized voluntary overtime" and "authorized voluntary standby time" shall be defined as overtime or standby time for work authorized by the agency head or the agency head's designee, which the employee is free to accept or decline.

b. "Ordered involuntary overtime" and "ordered involuntary standby time" shall be defined as overtime or standby time which the employee is directed in writing to work and which the employee is therefore required to work. Such overtime or standby time may only be authorized by the agency head or a representative of the agency head who is delegated such authority in writing.

Section 3.

a. Ordered involuntary overtime which results in an employee working in excess of forty (40) hours in any calendar week shall be compensated in cash at time and one half (1 1/2 times).
b. For those employees whose normal workweek is less than forty (40) hours, any such ordered involuntary overtime worked between the maximum of that work week and forty (40) hours in any calendar week, shall be compensated in cash at straight time (1x). For employees granted a shortened work day under Section 18 of Article V, compensatory time for work performed between thirty (30) and thirty five (35) hours a week when such shortened schedule is in effect shall be granted at the rate of straight time (1 time), but such work shall not be considered overtime.

c. Upon the written approval of an employee's request by the agency head or designee, an employee who works ordered involuntary overtime shall have the option of being compensated in time off at the applicable rates provided in Sections 3(a) and 3(b) provided that the exercise of such option does not violate the provisions of ("FLSA").

d. There shall be no rescheduling of days off and/or tours of duty to avoid the payment of overtime compensation. Any work performed on a scheduled day off shall be covered by this Article.

e. Employees who are paid in cash or who are compensated for overtime pursuant to subsection c of this Section may not credit such time for meal allowance.

Section 4.

a. Authorized voluntary overtime which results in any employee working in excess of the employee's normal workweek in any calendar week shall be compensated in time off at the rate of straight time (1x).

b. For employees covered by the provisions of FLSA, voluntary overtime actually worked in excess of forty hours in a calendar week shall be compensated at the rate of time and one-half (1½x) in time provided that the total unliquidated compensatory hours credited to an employee pursuant to this provisions may not exceed 240 hours. If an employee has reached the 240-hour maximum accrual for FLSA compensatory time, all subsequent overtime earned under this provision must be compensated in cash at time and one-half (1½x).

Section 5.

No credit shall be recorded for unauthorized overtime. Credit for all authorized overtime beyond the normal work week shall accrue in units of one quarter (1/4) hour to the nearest one quarter (1/4) hour and, except for an employee covered by the provisions of FLSA who has actually worked in excess of forty hours in said calendar week, only after one (1) hour. Effective July 15, 1996, credit for all authorized overtime, beyond the normal work week, shall accrue in units of one-half(1/2) hour to the nearest one half(1/2) hour.

Section 6.

The hourly rate of pay shall be determined by taking the below indicated fractional part of the affected employee's annual regular salary:
a. For employees whose basic work week is thirty five (35) hours:
1 1
1827 OR 261x7

For employees whose basic work week is thirty seven and one half (37 1/2) hours:
   1                        1
1957.5 OR     261x7.5
c. For employees whose basic work week is forty (40) hours:
   1                1
2088 OR     261x8

d. For employees in the titles of House parent or Senior House parent the hourly basic rate shall be calculated by multiplying the "basic annual rate(excluding overtime)" set forth in the Social Services and Related Titles Agreement by:
1 1
3132 OR 261x12

e. Payment shall be computed and paid on a basis of quarter hour units actually worked beyond the normal scheduled work week, provided at least one (1) full hour is compensable in a calendar week (unless such employee is covered by the provisions of the FLSA and has actually worked in excess of forty hours in said calendar week). "Annual regular salary" shall in addition to all payments included in an employee’s basic salary include all educational, assignment, and longevity differentials, and, when mandated to be included by FLSA, such other additions to gross that are regularly part of an employee's salary.

Section 7. Overtime Cap

a. These overtime provisions, including recall and standby provisions, shall apply to all covered per annum employees including those working more than half time, and with permanent, provisional or temporary status, whose annual gross salary including overtime, all differentials and premium pay is not in excess of the amount set forth in subsection 7(d) and 7(e) for eligibility for cash compensated overtime (the "cap").

b. When an employee's annual gross salary including overtime, all differentials and premium pay is higher than the cap, compensatory time at the rate of straight time shall be credited for authorized overtime except as may be proscribed by FLSA. The gross salary shall be computed on an annual calendar year basis and for the purposes of this Section shall mean basic annual salary plus any monies earned.

c. Employees who are not covered by FLSA whose annual gross salary including overtime, all differentials and premium pay is in excess of the cap shall be required to submit periodic time reports at intervals of not less than one week, but shall not be required to follow daily time clock or sign in procedures. Employees covered by the overtime provisions of FLSA shall be required to follow daily time clock or sign in procedures. The periodic time report shall be in such form as is required by the Agency.

d. Effective January 1, 1995, the cap shall be $45,805.

e. Effective November 28, 1999, the cap shall be increased to $54,549, Thereafter, unless otherwise agreed by the parties, the cap amount shall be adjusted by future bargaining increases. Each time the cap is adjusted, an interpretive memorandum or similar document shall be issued setting forth the new amount.

Section 8.

a. Effective as indicated below employees who work authorized overtime, except as set forth in Section 3(e) of this Article, shall be entitled to the following meal allowances:

	Effective 1/1/95	Effective 11/26/99
For two continuous hours of overtime	$ 7.50	$ 8.25
For five continuous hours of overtime	$ 8.00	$ 8.75
For seven continuous hours of overtime	$10.00	$10.75
For ten continuous hours of overtime	$11.00	$11.75
For fifteen continuous hours of overtime	$12.00	$12.75

b. Time off for meals shall not be computed as overtime. However, such time off shall not affect the continuity requirement for the above meal allowances.

Section 9.

Employees recalled from home for authorized ordered involuntary overtime work, shall be guaranteed overtime payment in cash for at least four (4) hours, if eligible for cash payment under Section 7 of this Article. When an employee voluntarily responds to a request to come from home for voluntary authorized overtime work, such overtime shall be compensated in time off on an hour for hour basis but with minimum compensatory time of four (4) hours.

a. Effective July 15, 1996, for all employees who are recalled from home for authorized ordered involuntary overtime work; the minimum guaranteed cash overtime payment shall be two (2) hours.

b. For employees covered by Unit Agreements that expire March 31, 2000, subsection 9(a) shall be in effect from July 15, 1996 to March 31, 2000.

c. For employees covered by Unit Agreements that expire December 31, 1999, subsection 9(a) shall be in effect from July 15, 1996 to December 31, 1999.

Section 10.

a. Compensatory time off for voluntary overtime work as authorized in this Article shall be scheduled at the discretion of the agency head but the agency head shall not schedule its use without the consent of the employee within the thirty (30) calendar days following its earning. However, all compensatory time off must be taken by the affected employee within the four (4) months following its earning. Except for the time described in subsection 10b(ii) below, any such compensatory time not so used by the employee's choice shall be added to the employee's sick leave balance. If the agency head calls upon an employee not to take the compensatory time off or any part thereof within the four (4) months, that portion shall be carried over until such time as it can be liquidated. This subsection shall not apply to compensatory time accrued pursuant to FLSA.

b. For employees covered by the Fair Labor Standards Act, accrued compensatory time usage shall be charged in the following manner and order:

i. First, Pre FLSA Compensatory Time Bank

ii. Second, Post April 14, 1986 FLSA Compensatory Time Bank

iii. Third, Post April 14, 1986 non FLSA Compensatory Time Bank

c. If compensatory time off is charged to an employee's Post April 14, 1986 FLSA Compensatory Time Bank and as a result the employee will not be able to take his/her accrued Post April 14, 1986 non FLSA compensatory time within the four (4) month period provided in subsection 10(a) above, the period of time in which the equivalent amount of time in the Post April 14, 1986 non FLSA Compensatory Time Bank which must be taken shall be extended in writing by the agency head an additional four months.

Section 11.

a. Employees who volunteer to stand by in their homes, as authorized by competent authority, shall receive compensatory time credit on the basis of one half (1/2) hour for each hour of standby time.

b. Employees who are required, ordered and/or scheduled on an involuntary basis to stand by in their homes subject to recall, as authorized by the agency head or the agency head's designated representative shall receive overtime payment in cash for such time on the basis of one half (1/2) hour paid overtime for each hour of standby time. Employees who reside on the work premises or are in postgraduate training status shall not be included in this provision.

Section 12.

Employees who are required to carry communication devices (or "beepers") shall not be restricted in their ability to travel. Notwithstanding the above, they may be required to call in or may make other mutually agreeable accommodations with the agency.

Section 13.

The Employer and the Union may agree to apply a variation of the overtime provisions of this Agreement.

Section 14.

Except in an emergency situation, when authorized and ordered by an agency head, a Hospital Executive Director or a designated representative, no employee shall be required to actually work more than two (2) consecutive normal work shifts in any twenty four (24) hour period nor shall said employee be required to work more than two (2) consecutive work shifts for more than two (2) consecutive weeks.

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