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A08513 Summary:

BILL NO    A08513 

SAME AS    SAME AS UNI. S05846

SPONSOR    Abbate

COSPNSR    

MLTSPNSR   

Rpld S130 sub 1 a sub 1-4, sub 1 d, amd SS130, 167, 208 & 135, Civ Serv L; amd
SS8 & 200, St Fin L

Relates to compensation and other terms and conditions of employment of certain
state officers and employees; authorizes funding of joint labor-management
committees, to implement agreements between the state and an employee
organization; provides rates of pay for certain state employees.
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A08513 Memo:

BILL NUMBER:A8513

TITLE OF BILL:

An act to amend the civil service law and the state finance law, in
relation to compensation and other terms and conditions of employment of
certain state officers and employees, to authorize funding of joint
labor-management committees, to implement agreements between the state
and an employee organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws relating to salary
increases for certain state officers and employees, in relation to rates
of pay for certain state employees; to repeal certain provisions of the
civil service law relating thereto; and making an appropriation for the
purpose of effectuating certain provisions hereof (Part A); to amend the
civil service law and the correction law, in relation to salaries; to
repeal certain provisions of such laws relating thereto; and making an
appropriation for the purpose of effectuating certain provisions hereof
(Part B)

PURPOSE OF THE BILL:

Part A of this bill implements the terms of a collective bargaining
agreement (the "Agreement") between the executive branch of the State of
New York and the employee organization representing members of the
collective negotiating units designated as the Administrative Services
Unit, the Institutional Services Unit, the Operational Services Unit and
the Division of Military and Naval Affairs Unit ("the units"), entered
into pursuant to article 14 of the Civil Service Law.

Part B of this bill provides the State's approximately 12,000 unrepre-
sented employees who are prohibited from collective negotiations by the
Taylor Law, including managerial or confidential ("M/C") employees, with
benefits and increases in compensation at levels that are comparable to
the benefits and increases in compensation received by employees repres-
ented by employee organizations.

This bill would continue comparability of benefits by supplementing
existing appropriations to provide benefits and other aspects of employ-
ment that are on a par with those negotiated for represented employees
by their respective employee organizations. These funds would provide
for employee benefit and training and development programs, and the M/C
share of negotiated programs.

SUMMARY OF PROVISIONS:

PART A OF THE BILL:

Section 1 of this part repeals and replaces subparagraphs 1, 2, 3 and 4
of Civil Service Law S 130(1)(a) and adds new subparagraphs 1, 2 and 3
to provide for the application of new salary schedules for officers and
employees in the units,

Section 2 of this part amends Civil Service Law S 167(8) to provide
authority to modify the employer and employee shares of health premium
and subscription costs under the New York State Health Insurance Plan.

Section 3 of this part amends Civil Service Law S 208(2) to provide for
the period of unchallenged representation status for employee organiza-
tions for a period of four years with the Executive Branch of the State
that commence in 2011.

Section 4 of this part amends Civil Service Law S 130(3)(e), governing
longevity payments for employees who attain five and ten years of
continuous service at the job rate. This section continues longevity
payments to the extent provided in the collective bargaining agreement.

Sections 5 and 6 of this part amend State Finance Law SS 8(12-d) and
(12-e) to continue payments to employees for personal property damaged
or destroyed in the course of the performance of official duties.

Section 7 of this part amends State Finance Law S 200 to provide the
authority for the Comptroller to reduce, restore and/or repay basic
annual salaries, hourly rates or per diems of employees. Such action(s)
will be effective for employees in collective negotiating units in
accordance with the terms of a collective bargaining agreement or inter-
est arbitration award, and for employees not in collective negotiating
units, when the director of budget authorizes a plan for such action(s).

Section 8 of the part authorizes the State to make payments to employees
for withdrawing from the health insurance plan in accordance with the
terms of the collective bargaining agreements or regulations promulgated
by the Department of Civil Service.

Section 9 of this part provides for salary increases as follows:

a) a lump sum payment of $775 in 2013 and $225 in 2014;
b) a 2 percent basic annual salary increase effective March 27, 2014 for
officers and employees on the administrative payroll and effective April
3, 2014 for officers and employees on the institutional payroll; and
c) a 2 percent basic annual salary increase effective March 26, 2015 for
officers and employees on the administrative payroll and effective April
2, 2015 for officers and employees on the institutional payroll.

Section 10 of this part provides for annual salary increases for posi-
tions in the nonprofessional service at the contract colleges of Cornell
and Alfred Universities not to exceed those set forth in Section 9 of
this part.

Section 11 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutch-
ess, Putnam, Orange and Monroe. Employees in the counties of Dutchess,
Putnam or Orange continue to receive location compensation at the annual
rate of $1,513. Employees in New York City, or in the counties of Rock-

land, Westchester, Nassau or Suffolk shall receive location compensation
at the annual rate of $3,026. For the county of Monroe, only employees
hired before March 31, 1985 shall be eligible for continued location
compensation of $200 per year.

Section 12 of this part continues location compensation for certain
officers and employees of the Hudson Valley Developmental Disabilities
Services Office.

Section 13 of this part continues the provision of inconvenience pay to
certain full-time employees of the Office for People with Developmental
Disabilities who are required to sleep over at their work site.

Section 14 of this part continues pre-shift briefing compensation for
certain employees of the State in the Division of Military and Naval
Affairs Unit who are required to assemble for briefing prior to the
commencement of duties. This section-also continues the program for
preshift briefing compensation for certain employees of the State
employed by the Office of Children and Family Services who are members
of the Institutional Services Unit.

Section 15 of this part continues assignment to duty pay in the form of
an annual lump sum payment to employees in particular assignments
provided for by the agreement. Such benefit shall be available until
March 30, 2016, unless an extension is negotiated by the parties to the
agreement.

Section 16 of this part provides for the continuation of an annual lump
sum payment to long-term seasonal employees in an amount specified by,
and subject to, the qualifying criteria established by the agreement.
Such benefit shall be available until March 30, 2016.

Section 17 of this part continues winter maintenance shift pay for
eligible full-time employees of the Department of Transportation in the
Operational Services negotiating unit, in accordance with the agreement.

Section 18 of this part continues inconvenience pay for certain employ-
ees who work in the overnight hours at a rate of $575 per year.

Section 19 of this part authorizes contributions to employee dependent
care accounts in amounts and for the time periods specified by the
agreement.

Section 20 of this part provides for the payment and publication of
grievance and arbitration settlements and awards pursuant to the agree-
ment.

Section 21 of this part continues a statewide labor-management committee
to address issues of productivity and quality of work life in accordance
with agreement.

Section 22 of this part requires that, prior to implementation of any
salary increase. salary deduction, salary reduction, benefit modifica-
tion, or modification to terms and conditions of employment, the Direc-
tor of Employee Relations submit a letter to the Director of the Budget
and the State Comptroller certifying that the collectively negotiated
agreement has been ratified by the membership.

Section 23 of this part authorizes the State Comptroller to pay any
amounts required by this bill during the fiscal years commencing April
1, 2011 for any state department or agency from any appropriation or
other funds available to such state department or agency for personal
service or for other related employee benefits during such fiscal year.
To the extent that such appropriations in any fund are insufficient, the
Director of the Budget is authorized to allocate to the various depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.

Section 24 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall not
suffer any reduction of the salary adjustment to which they are other-
wise entitled under the program, as a result of an increase in compen-
sation provided for in this bill.

Section 25 of this part appropriates funding for statewide labor-manage-
ment committees dealing with issues of productivity, the quality of work
life and other issues in accordance with the collectively negotiated
agreement.

Section 26 of this part provides for an immediate effective date of this
part, which shall be deemed to have been in full force and effect on and
after April 2, 2011. Appropriations made by this chapter shall remain in
full force and effect for liabilities incurred through March 31, 2012.

PART B OF THE BILL:

Section 1 of this part repeals Civil Service Law S 130(1)(d) and
replaces it with a new paragraph (d), which includes new salary sched-
ules for competitive, noncompetitive and labor class employees desig-
nated M/C, or who are otherwise excluded from representation rights.

Section 2 of this part repeals Correction Law S 19(1), and replaces it
with a new subdivision 1 providing new salary schedules for superinten-
dents of correctional facilities.

Section 3 of this part authorizes an increase in basic annual salary of
2 percent effective April 1, 2014 and 2 percent effective April 1, 2015.
It provides for a lump sum payment of $775 effective April 1, 2013 and a
lump sum payment of $225 effective April 1, 2014.  Additionally, this
section provides for performance advances, merit awards and longevity
payments for non-statutorily paid employees.

Sections 4 and 5 of this part provide salary increases and lump sum
payments consistent with the salary increases provided in Section 3 of
this part for certain State officers and employees in the Division of
State Police, certain State employees in the State University and
certain employees of the contract colleges at Cornell and Alfred.

Section 6 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutch-
ess, Putnam, Orange and Monroe. Employees in the counties of Dutchess,
Putnam or Orange continue to receive location compensation at the annual
rate of $1,513. Employees in New York City, or in the counties of Rock-
land, Westchester, Nassau or Suffolk shall receive location compensation
at the annual rate of $3,026. For the county of Monroe, only employees
hired before March 31, 1985 shall be eligible for continued location
compensation of $200 per year.

Section 7 of this part continues location compensation for certain offi-
cers and employees of the Hudson Valley Developmental Disabilities
Services Office.

Section 8 of this part provides for the continuation of an overtime meal
allowance for employees covered by this part.

Section 9 of this part continues authorization for payment of grievance
settlements and awards pursuant to the Executive Order No.  42 grievance
procedure, which applies to M/C employees.

Section 10 of this part authorizes the State Comptroller to make
payments required during the fiscal years commencing April 1, 2011.

Section 11 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall not
suffer any reduction of the salary adjustment to which they are other-
wise entitled under the program, as a result of an increase in compen-
sation provided for in this bill.

Section 12 of this part provides that salary increases, pursuant to this
bill, shall be effective on the first day of the first pay period near-
est to the effective date of any such salary Increase.

Section 13 of this part provides that the Director of the Budget may
withhold any salary increase in order to: reflect the job performance of
an officer or of an employee, maintain appropriate salary relationships
among employees, reduce state expenditures to acceptable levels, or
whenever such increase is not warranted or appropriate. Additionally,
this section provides that the Director of the Budget may devise and
implement a salary reduction plan covering employees covered by this
Part.

Section 14 of this part appropriates additional funding to supplement
currently available appropriations to carry out the benefits and train-

ing and development programs In addition, funding is included to cover
the pro rata M/C share of negotiated programs.

Section 15 of this part provides for an immediate effective date of this
part, which shall be deemed to have been in full force and effect on and
after April 1, 2011. Appropriations made by this chapter shall remain in
full force and effect for liabilities incurred through March 31, 2012.

STATEMENT IN SUPPORT OF THE BILL:

PART A OF THE BILL:

This part of the bill implements the terms of a collective bargaining
agreement covering members of the Administrative Services Unit, the
Institutional Services Unit, the Operational Services Unit and the Divi-
sion of Military and Naval Affairs Unit represented by CSEA.  Approxi-
mately 59,000 full-time annual employees are covered by the Agreement,
including keyboard specialists, clerks, cleaners, developmental and
mental health therapy aides, nurses and highway maintenance workers.

The prior agreement governing these employees expired on April 1, 2011.
Under Article 14 of the Civil Service Law, the Agreement is binding on
all parties to it. This bill incorporates the terms of that Agreement
relating to salary increases, salary deductions, salary reductions,
benefit modifications, and modifications to terms and conditions of
employment and appropriates funds necessary to pay for it, in accordance
with the State's obligations.

PART B OF THE BILL:

This part of the bill establishes terms and conditions of employment for
M/C and other unrepresented employees.

This part of the bill provides M/C and other unrepresented employees
with compensation increases and payments that are comparable to recently
negotiated increases and payments for certain represented employees.
Such parity is essential to provide for appropriate salary adminis-
tration (by maintaining proper salary relationships and mitigating sala-
ry compression), assure productivity, maintain good morale, and to allow
for the recruitment and retention of competent staff.

FISCAL IMPLICATIONS OF THE BILL:

Part A the bill would provide appropriations totaling approximately $19
million to pay for the cost of the negotiated agreement during the peri-
od April 2, 2011 to March 31, 2012.

Part B of the bill would provide appropriations totaling approximately
$3.5 million to pay its cost during the period April 1, 2011 to March
31, 2012.

EFFECTIVE DATE:

Part A of the bill takes effect retroactively as of April 2, 2011 and
Part B of the bill takes effect retroactively as of April 1 ,2011.
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