2019-2021 Contract Book

AGREEMENT between the STATE OF NEW YORK – UNIFIED COURT SYSTEM and SUFFOLK COUNTY COURT EMPLOYEES ASSOCIATION, INC. (SCCEA)2019-2021AGREEMENT

AGREEMENT

AGREEMENT made by and between the State of New York-Unified Court System (hereafter referred to as the “state” or “Unified Court System”) and the Suffolk County Court Employees Association, Inc. (hereinafter referred to as the “Association”). The term “employees” shall hereafter refer to employees within bargaining unit as defined in Article 1 of this Agreement.

RECOGNITION

  1. 1.1 The State, pursuant to Article 14 of the Civil Service Law (Public Employees’ Fair Employment Act), recognizes the Association as the exclusive representative for collective negotiations with respect to salaries, wages, hours and other terms and conditions of employment for all full-time and part-time Suffolk County nonjudicial employees as defined in New York State Public Employment Relations Board Order C-1672, which includes those job titles or positions included within this negotiating unit as set forth in Appendix A attached hereto.1.2 Should a subsequent classification or reclassification alter or convert the present job titles within Suffolk County or create new positions performing essentially similar work within Suffolk County, the Association shall continue to be recognized as the sole and exclusive collective bargaining representative for any employee employed in such a new title and/or new position.
  2. 1.2 Should a subsequent classification or reclassification alter or convert the present job titles within Suffolk County or create new positions performing essentially similar work within Suffolk County, the Association shall continue to be recognized as the sole and exclusive collective bargaining representative for any employee employed in such a new title and/or new position.

STATEMENT OF POLICY AND PURPOSE

  1. 2.1 It is the policy of the State to continue harmonious and cooperative relationships with its employees and to ensure the orderly and uninterrupted operations of government.  This policy effectuated by the provisions of the Public Employees’ Fair Employment Act granting public employees the rights of organization and collective representation concerning the determination of the terms and conditions of their employment.
  2. 2.2 The State and the Association now desire to enter into an agreement reached through collective negotiation which will have for its purposes, among other, the following:

    (a) To recognize the legitimate interests of the employees of the State to participate through collective negotiations in the determination of the terms and conditions of their employment.
    (b) To promote fair and reasonable working conditions
    (c) To promote individual efficiency and service to the citizens of the State.
    (d) To avoid interruption or interference with the efficient operation of the State’s business.
    (e) To provide a basis for the adjustment of matters of mutual interest by means of amicable discussion

UNCHALLENGED REPRESENTATION

The State and the Association agree, pursuant to Section 208 of the Civil Service Law, that the Association shall have unchallenged representation status for the maximum period permitted by law on the date of execution of this Agreement.

EMPLOYEE ORGANIZATION RIGHTS

  1. 4.1 Exclusive Right to Negotiate. The Association shall have the exclusive right to negotiate with respect to salaries, wages, hours and other terms and conditions of employment on behalf of employees, and the State shall not negotiate or meet with any other employee organization with reference to terms and conditions of employment of employees.
  2. 4.2 Payroll Deduction. The Association shall have exclusive payroll deduction of membership dues and insurance premiums with this privilege accorded to no other employee organization. Payroll deductions shall also be provided without service charge for savings and loans to credit unions as authorized in writing by an employee and in accordance with the Rules of the State Comptroller. Further, to the extent allowed by law, payroll deductions shall also be provided without service charge for approved Individual Retirement Accounts and Deferred Compensation Programs as authorized in writing by an employee an in accordance with the Rules of The State Comptroller. To the extent practicable and in accordance with the Rules of The State Comptroller, all of the employee’s payroll deductions shall be resumed when an employee returns from an authorized leave of absence.
  3. 4.3 Bulletin Boards.  

    (a) The State shall provide a reasonable amount of exclusive bulletin board space in an accessible place in each area occupied by a substantial number of employees for the purpose of posting bulletins, notices and material used by the Association which shall be signed by a designated official of the Association. Where practicable, the bulletin boards shall be glass enclosed. No material shall be posted which is defamatory of the State or its representatives, or which constitutes election campaign material for or against any person, organization or faction thereof except for Association elections. Until such time as a bona fide representation petition has been filed with the Public Employment Relations Board (“PERB”), no other employee organization except employee organizations for other State employees employed at such locations shall have right to post material upon State bulletin boards.

    (b) The number and location of bulletin boards, as well as arrangements with reference to placing material thereon and removing material therefrom, shall be subject to mutual understanding, provided, however, that any material objected to under Section 4.3(a) by the State shall be removed, which removal may be consented pursuant to the contract grievance procedure provided for herein.

  4. 4.4 Meeting Space.  Where there is appropriate available meeting space in buildings owed or leased by the State, the Association will be accorded the privilege of using such space for specific meetings subject to the consent of the District Administrative Jude or his/her designee provided that there is no extraordinary expense incurred by the State in the furnishing of such space, and written request for the use of such space is made in advance to the District Administrative Judge or his/her designee. Such consent shall not be unreasonably withheld.
  5. 4.5 Access to Employees. The Association shall, on an exclusive basis, have access during working hours to employees it represents to consult regarding membership services and programs under mutually developed arrangements with the District Administrative Judge or his/her designee, any such arrangements shall ensure that such access shall not interfere with work duties or performance and shall be reasonably controlled.
  6. 4.6 Employee Lists. The State shall furnish to the Association, without charge, upon written request, but not more than quarterly, information showing the name, title, home address, negotiating unit designation, social security number, payroll agency, salary and if and when available, work location of all unit employees. The State shall provide to the Association a monthly list of new employee names and work locations (if available)
  7. 4.7 Employee Organization Leave.
    (a) The Association shall designate from time to time in writing, those employees who are authorized to take employee organization leave (“EOL”). The Deputy Director of Labor Relations shall establish uniform procedures regarding the maintenance and submission of monthly reports of EOL.

    (b) Individuals duly designated by the Association shall be permitted to perform the following functions without loss of pay or other employee benefits, except as limited by Section 4.7(c):
    (1) To investigate grievances, assist in their early resolution, and to process them at all levels of the grievance procedure.
    (2) To participate in meetings of the Labor/Management Committee
    (3) To meet or confer with the Chief Administrative Judge or any of his/her representatives on matters affecting labor/management relations, where such meetings or conferences have been previously approved by the Chief Administrative Judge.
    (4) To negotiate, prepare for negotiations, or confer with the Deputy Director for Labor Relations or his/her representative, and to participate in fact finding or other collective bargaining impasse procedures.
    (5) To confer with and/or appear before PERB. To appear before any other agency or commission when the Association or its representative is called upon to appear.
    (6) To attend meetings as a trustee of the Association Welfare Fund, up to eight such meetings per year.
    (7) To attend no more than three Association delegate meetings per year
    (8) To attend funerals and memorial services for employees who are killed in the line of duty (officers of the Association and an honor guard and such others as the Deputy Director for Labor Relations may approve)
    (9) To engage in any other activity which may be approved by the Deputy Director for Labor Relations consistent with the conduct of labor/management relations
    (10) Subject to the reasonable operating needs of the court or court-related agency, the Association shall be granted up to one hour to meet with new employees, in the first six months of service, during working hours, to explain Association services, programs and benefits.
    (11) Subject to the reasonable operating needs of the court or court-related agency no more than ten employees will be granted up to five days plus travel time in any calendar year for the purpose of attending Association conferences, seminars or workshops, and to appear before and confer with members of the Legislature. Travel time shall mean actual and necessary travel time not to exceed five hours each way.

    (c) Individuals duly designated and authorized in writing by the Association shall be granted EOL for time actually spent performing appropriate employee relations functions as specified in Section 4.7(b), provided that such tie shall not exceed 5 hours per represented employee per year based on the average number of employees in the bargaining unit, computed on a quarterly basis, in the preceding fiscal year and, provided further, unused time shall be carried over from one fiscal year to the next.

    If EOL is utilized beyond such amount, the Association shall have 30 days to determine whether to repay such amount to the State in cash as provided below or through a charge to the accrued annual leave credits or compensatory time credits of the employee who was absent from work performing such appropriate employee relations functions. Provided, however, that if an employee does not have sufficient annual leave or compensatory time credits to cover such absence from work, appropriate deductions shall be taken from subsequent paychecks. Provided further, however, that if the Association chooses to reimburse the State in cash for such excess time used, such payment shall be based on the hourly rate of the individual for whom such reimbursement is made including an additional payment of 30%of such rate representing the value of fringe benefits. Such reimbursement by the Association shall be made within 30 days after the State has notified the Association by certified mail that a deficit exists. If the Association fails to make such cash payment within 30 days and the Association has not notified the State that a dispute exists concerning the amount of EOL due and owing, the State shall make an appropriate deduction from the affected employee’s leave credits or subsequent paychecks.

    The hourly rate shall be determined by dividing an employee’s basic annual salary plus any additional compensation payable because of hours of work or location by 1,827. If the Association notifies the State within 30 days that a dispute exists concerning the amount of EOL due and owing, the Association must simultaneously notify the State whether it chooses to place the disputed amount of cash or leave credits in escrow pending resolution of the dispute by arbitration pursuant to Article 17 of the Agreement. The Association may elect to place a certified check for the full disputed amount in an escrow account which the State selects. If the Association does not make a timely election when it notifies the State within 30 days of notification of the overage of a dispute, the State will automatically freeze the disputed amount of leave credits of affected employees. Such leave credits cannot be used by affected employees while frozen and such leave credits will not be released until there is a final resolution of the dispute.

    In scheduling the use of EOL time for such appropriate employee relations functions, the State shall use its best efforts to accommodate authorized requests for EOL.

MANAGEMENT RIGHTS

Except as expressly limited by other provisions of this Agreement, all of the authority, rights and responsibilities possessed by the State are retained by it, including but not limited to, the right to determine the mission, purposes, objectives, and policies of the State; to determine the facilities, methods, means and number of personnel required for the conduct of State Judiciary programs; to administer the Merit System, including the examination, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment or transfer or employees pursuant to law; to direct, deploy, and utilize the work force; to establish specifications for each class of positions and to classify or reclassify and allocate or reallocate new or existing positions in accordance with law, and to discipline or discharge employees in accordance with law and the provisions of this Agreement.

NO STRIKES

  1. 6.1 The Association shall not engage in a strike, nor cause, instigate, encourage, or condone a strike.
  2. 6.2 The Association shall exert its best efforts to prevent and terminate any strike.
  3. 6.3 Nothing contained in this Agreement shall be construed to limit the rights, remedies or duties of the State or the rights, remedies or duties of the Association or employees under State Law.

COMPENSATION

  1. 7.1 The State and the Association shall prepare, secure introduction, and recommend passage by Legislature of such legislation as may be appropriate and necessary to provide the benefits described in this Article.
  2. 7.2 The lag payroll shall continue. Repayment of such lagged salary shall be made when an employee leaves State service. The employee’s final salary check shall be paid at the employee’s then-current salary rate and shall be issued at the end of the payroll period next following the payroll period in which service is discontinued.
  3. 7.3 Performance Evaluation.
    (a) The State shall continue to utilize a performance evaluation system for all employees. All increments, longevity increments and bonuses will be conditioned on ratings pursuant to the performance evaluation system as provided herein. Such performance evaluation system shall provide for an annual, final employee performance review by a supervisor. A mid-year revies may also be held for employees who have received a rating that was other than meets job requirements during the previous rating period. Additional informal reviews are encouraged. No increment, longevity increment or bonus normally due under Section 37 of the Judiciary Law and provided for tin this Agreement or under Section 7.7 shall be released unless an employee receives a final annual rating other than unsatisfactory under the State’s performance evaluation system. An employee will receive a copy of the performance evaluation form. An unsatisfactory rating in one year will not be a bar to increments, longevity increments or bonuses in future years, if eligible.
    (b) A written appeal of an unsatisfactory performance evaluation review shall be made within ten workdays of the receipt of the final performance evaluation form. Such appeal shall be made, on a form acceptable to the State and the Association, to a panel to be composed of one Association representative, om=ne management representative and one third-party neutral to be designated by agreement of the parties. The panel shall review whether the unsatisfactory performance evaluation was a reasonable determination by the supervisor considering the performance evaluation form and the written appeal form. The panel may determine, in its discretion, that additional information, oral argument or witnesses are necessary to make an adequate review. The panel shall determine in writing by March 1 whether the unsatisfactory rating shall be sustained or denied. Such decision shall be final and binding and unreviewable in any forum. The procedure herein shall not apply to probationary employees.
  4. 7.4 (a) Effective April 1, 2019, or on a different day of the biweekly period for administrative convenience as provided for in Section 200(1) of the State Finance Law, each graded employee eligible for an increment pursuant to Section 37 of the Judiciary Law whose performance is rated higher than unsatisfactory, shall receive such increment based on the salary schedule in effect on March31, 2019, added to basic annual salary. An employee must have served the equivalent of 120 full-workdays in the fiscal year to receive such increment.

    (b) Effective April 1, 2019, or on a different day of the biweekly period for administrative convenience as provided for in Section 200(1) of the Finance Law, the basic annual salary of each employee will be increased by 2% or $1,000, whichever is greater. Such percentage increase shall be added to the salary schedule.
  5. 7.5(a) Effective April 1, 2020, or on a different day of the biweekly period for administrative convenience as provided for in Section 200(1) of the State Finance Law, each graded employee eligible for an increment pursuant to Section 37 of the Judiciary Law whose performance is rated higher than unsatisfactory, shall receive such increment based on the salary schedule in effect on March31, 2019, added to basic annual salary. An employee must have served the equivalent of 120 full-workdays in the fiscal year to receive such increment.

    (b) Effective April 1, 2020, or on a different day of the biweekly period for administrative convenience as provided for in Section 200(1) of the Finance Law, the basic annual salary of each employee will be increased by 2% or $1,000, whichever is greater. Such percentage increase shall be added to the salary schedule.
  6. 7.6 Location Pay. The Location differential in effect on March 31, 2019, shall remain in effect except as modified below. 
    (a) Effective April 1, 2020, the State shall pay, in addition to basic annual salary, a location differential of $4,300 per annum (prorated for employees working less than full time) to each employee assigned to a workstation in Suffolk County.
  7. 7.7 Longevity Bonus. The Longevity Bonus in effect on April 1, 2018, shall remain in effect except as modified below.
    (a) Effective April 1, 2019, an employee who has at least 20 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,050 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
    (b) Effective April 1, 2019, an employee who has at least 25 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,150 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
    (c) Effective April 1, 2019, an employee who has at least 30 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,250 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
    (d) Effective April 1, 2020, an employee who has at least 20 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,100 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
    (e) Effective April 1, 2020 an employee who has at least 25 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,200 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
    (f) Effective April 1, 2020 an employee who has at least 30 years of continuous service in the Unified Court System and who has served the equivalent of 120 workdays in each fiscal year for which eligibility is being determined, shall receive an annual payment of $2,300 (prorated for employees working less than full time at the time of payment) which payment shall not be added to basic annual salary but which shall be pensionable. For the purpose of this Section, a break in continuous service shall not include a leave of absence without pay nor shall it include a resignation followed by re-employment within one year.
  8. 7.8 Shift Differential. Employees who work four or more hours on a regular scheduled shift between the hours of 6 p.m. and 8 a.m. shall be entitled to receive a shift differential of 10% for the entire shift. An employee receiving overtime compensation (cash or comp time) shall not receive a shift differential for such work, but shall receive such overtime pay or compensatory time, if eligible under Article 10.
  9. 7.9 Direct Deposit All employees covered by this Agreement shall be paid through the New York State Electronic Funds Transfer Program (Direct Deposit). An employee who does not have a bank account and, therefore, cannot participate in Direct Deposit shall be required to sign the agreement upon acknowledgment form.
    7.10 Security and Law Enforcement Differential (“SLED”)
    (1) Effective April 1, 2019, an eligible uniformed officer holding a title in the Security Series, shall receive an annual payment of $500 (prorated for employees working less than full time) which shall not be added to basic annual salary but shall be pensionable.
    (2) Effective April 1, 2020, an eligible uniformed officer holding a title in the Security Series, shall receive an annual payment of $750 (prorated for employees working less than full time) which shall not be added to basic annual salary but shall be pensionable.
    (3) Eligibility for the SLED payment is determined each year. In order to receive a SLED payment, the uniformed officer must: (a) be in a Security Series title on April 1; (b) have served 120 workdays in a title in the Security Series in the fiscal year for which eligibility is being determined; and (c) have been authorized to carry a firearm on duty between January 1 of the year prior to the SLED payment and March 31 of the calendar year in which the SLED payment is made.

HEALTH INSURANCE

  1. 8.1 The State shall continue to provide health and prescription drug benefits administered by the Department of Civil Service. Employees enrolled in such plans shall receive health and prescription drug benefits to the same extent, at the same contribution level and in the same form and with the same co-payment structure that applies to Executive Branch employees represented by the Civil Service Employees association, Inc. Notwithstanding the foregoing, the State shall not increase the employee contribution level, co-payments and/or deductibles during the interim period between the expiration date of this Agreement and the execution of a successor agreement.
  2. 8.2 The joint committee composed of representatives from the State and all unions representing nonjudicial employees of the Unified Court System shall continue. This committee shall investigate and make recommendations concerning health insurance-related issues including the elimination or duplication of State-provided and Welfare Fund benefits, the restructuring of benefits or additional benefits, provided such recommendations shall not increase the total cost of such benefit to the State, and the establishment of short-term and long-term disability insurance programs and wellness programs. This committee shall meet as necessary, but not less than twice a year, and shall review all health plan-related matter such as experience of utilization of benefits and premium increases, at meetings specifically scheduled for this purpose.
  3. 8.3 Productivity Enhancement Program. Effective January 1, 2019, employees holding graded positions at or below JG-16 may exchange either three days (21 hours) of annual leave for a credit up to $600 or six days (42 hours) of annual leave for a credit up to $1,200. Employees at grade JG-17 up to and including JG-23 may exchange either two days (14 hours) of annual leave for credit up to $600 or four days (28 hours) of annual leave for credit up to $1,200. Such credit shall be used to defray the cost of New York State Health Insurance Program (NYSHIP) premiums on a bi-weekly basis. Election to participate in this program must be made in accordance with the rules established by the New York State Department of Civil Service and such election must take place by November of the calendar year preceding the covered year. Eligibility is limited to employees who will have a minimum balance of eight days (56 hours) after the forfeiture is taken. This program shall be in effect for the term of this Agreement and is subject to continuation at the sole discretion of the New York State Department of Civil Service.

TIME AND LEAVE

  1. 9.1(a)(1) Attendance. The transition to a uniform automated computer-based system for the maintenance and submission of time and attendance records has been completed. While the transition has been completed, nothing herein prevents the Court System from transitioning to a comparable system in the future. The impact of any such transition shall be subject to a demand by the Association for negotiations. A demand by the Association for impact negotiations shall not, however, serve to delay or otherwise bar transition/implementation.

    (2) Overtime Eligible Employees. The Kronos system has been configured to register an overtime eligible employee’s presence for his/her scheduled shift in the following manner: The system will register a swipe within the scheduled start of an employee’s shift to five minutes after and reflect that the employee was present at the start of the shift. Similarly, a swipe within 15 minutes preceding the scheduled end of an employee’s shift will reflect that the employee worked until the end of his/her shift. This will provide the same flexibility presently available to overtime eligible employees when they are not approved to work overtime and choose to swipe within 15 minutes before and after their shift starts and ends. Specific information captured concerning the time a swipe registers, within the parameters detailed above, will not be used by management as the sole basis for raising a concern about an employee’s presence at the beginning or end of the employee’s shift.

    (3) Meal Period. Employees shall not be required to swipe in or out for their meal period during their scheduled shift.

    (4) Appointments During Employee’s Scheduled Shift. When an employee is excused from work for an appointment and is expected to return to work before the end of his/her shift, the employee shall not be required to swipe out for the appointment or in upon the employee’s return to work. This does not impact in any way upon the rules and procedures set forth in Article 9 that set the requirements for use of leave time for appointments during the workday.

    (5) Meal Period and Overtime. When an employee works overtime on a day the employee is not scheduled to work his/her regular shift, a meal period will not be assumed and automatically deducted. Rather, the employee will be paid for overtime hours worked.

    (6) Overtime Ineligible Employees. Overtime ineligible employees, as defined in Section 10.3 of this Agreement, shall not be required to swipe for timekeeping purposes.

    (b) Tardiness.
    (1) The Administrative Director or his/her designee may establish rules and schedules of penalties for tardiness. Such rules and schedules shall be established after consultation with the Association at Labor/Management Committee meetings. Penalties imposed pursuant to such rules and schedules shall not preclude disciplinary action in cases of excessive tardiness.

    (2) In the event the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee determines that public transportation difficulties, strikes, severe storms or floods, or similar uncontrollable conditions affecting employees exist, tardiness shall be excused by the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee.
    (c) The District Administrative Judge or his/her designee shall excuse a loss of time caused by direct emergency duties of duly authorized volunteer firefighters and volunteer ambulance drivers. In such cases, he/she may require the employee to submit satisfactory evidence that the loss of time was due to such emergency duties.
    (d) Employees shall charge tardiness to accrued annual leave on a minute-for-minute basis.

  2. 9.2 Annual Leave.
    (a) Employees shall be entitled to combined vacation, personal, business and religious holiday leave of 20 days annually and shall be entitled to one additional day for each completed years of continuous service in the Unified Court System up to a maximum of 27 workdays annually. An employee shall not earn annual leave credit for any biweekly pay period unless he/she is in full pay status for at least seven workdays during such biweekly pay period. Annual leave shall be credited on a biweekly basis.A part-time, per diem or hourly employee eligible to earn annual leave credits pursuant to Section 9.2(g) shall earn annual leave credits as provided herein, but his/her total pay when absent on such leave shall be the amount which would have been due him/her if he/she had worked his/her usual number of hours or days during such period.

    (b) A leave of absence without pay, or a resignation followed by re-employment in the Unified Court System within one year following such leave of absence or resignation, or time spent on a preferred list while awaiting reinstatement, shall not constitute an interruption of continuous service for the purpose of this Section. However, a leave of absence without pay for more than six months, or the period between resignation and re-employment during which the employee is not in the service of the Unified Court System, or the time spent on a preferred list while awaiting reinstatement and re-employment, during which the employee is not in the service of the Unified Court System, shall not be counted in determining eligibility for additional annual leave credits under this Section.

    (c) After the anniversary date on which an employee has been credited with seven days of additional annual leave credits, he/she shall thereafter earn annual leave for completed biweekly pay periods at a rate which will equal 27 days for 26 such pay periods.

    (d) No accumulation of annual leave credits in excess of 54 days may be carried from one fiscal year to the next. Any such accumulation in excess of 54 days at the end of a fiscal year shall be converted into sick leave.

    (e)(1) The time at which annual leave may be used by an employee shall be subject to the prior approval of the District Administrative Judge or his/her designee.(2) Notwithstanding the above, employees shall be allowed to charge two (2) days of annual leave for emergency circumstances, per calendar year. Such approval shall not be unreasonably withheld.

    (f) The court or court related agency to which an employee is appointed, promoted, reassigned or transferred shall credit him/her with all of his/her accumulated annual leave credits not used prior to such appointment, promotion, reassignment or transfer.
    As far as practicable, for the State and the employee, annual leave credits shall be used prior to appointment, promotion, reassignment or transfer to a different court or court-related agency. Subject to the reasonable operating needs of the court or court-related agency to which an employee is appointed, promoted, reassigned or transferred, and prior approval of the District Administrative Judge or his/her designee, an employee may utilize previously scheduled annual leave.

    (g) Employees compensated on a part-time, per diem or hourly basis who are employed at least half time and who are expected by the Administrative Director or his/her designee to be so employed continuously for nine months without a break in service exceeding one full payroll period shall be eligible to observe holidays and to accrue pro rata annual leave and sick leave which shall be granted and shall be subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.

    (h) An employee who has completed 25 years of Unified Court System or State service shall be entitled to one additional annual leave day each year.

    (i) An employee who has completed 30 years of Unified Court System or State service shall be entitles to one additional annual leave day each year, in addition to one additional annual leave day provided in Section 9.2(h)

    (j) Annual leave accruals shall be used in units of not less than 15 minutes.

    (k) Employees entering the service of the Unified Court System shall be entitled to accrue annual leave from their initial date of hire

    (l) If an employee’s properly submitted request for use of accrued leave credits is denied, the employee shall receive, upon written request, a written statement of the reasons for such denial.

    (m) Forms for annual leave day selection shall be distributed to employee no later than February 1st and selections shall be returned by employees to the State no later than March 1st. The State shall approve or deny requests no later than April 1st. As soon as practicable after the execution of this Agreement, The State and the Association shall meet to establish a new method of vacation day selections. Such new selection method shall include, but not be limited to, language which limits the maximum number of days earnable in one year of service based on the employee’s anniversary date. In extraordinary circumstances, the limitation on the number of days an employee requests may be waived.

    (n) In the event the State determines that it will recess operations in a particular court or courts for at least four consecutive workdays, it may require employees during such recess to charge up to four days annual leave in each fiscal year.

  3. 9.3 Sick Leave
    (a)(1) Sick Leave is absence with pay necessitated by the illness or disability of the employee including illness or disability caused by pregnancy or childbirth.

    (2) An employee shall be allowed to charge a maximum of 25 days of sick leave in any one calendar year for absences from work in the event of illness of the employee’s spouse; domestic partner; natural, foster or step: parent; child; sibling; any relative residing with the employee; or an individual for whom the employee is the primary caregiver. Such leave is subject to notice to the supervisor in accordance with Section 9.3(c) and will be used by the employee to enable the employee to care for a family member as defined herein during a time of illness. Sick leave used for this purpose shall be charged separately as part of uniform time and attendance procedures.

    (3) Sick Leave Use During FMLA Caregiver Leave. An employee who submits a WH-380-F form and is approved for a caregiver leave pursuant to the Family and Medical Leave Act (“FMLA”) may charge absences during the FMLA period to accumulated sick leave, without regard to the maximum set forth in subsection (a)(2).

    (b) Employees shall earn sick leave credits at the rate of one-half day per biweekly pay period. No more than 200 days of sick leave credits may be used for retirement service credit and to pay for health insurance on retirement. An employee shall not earn sick leave credit for any biweekly pay period unless he/she is in full-pay status for at least seven workdays during such biweekly pay period. A part-time, per diem or hourly employee eligible to earn sick leave credits pursuant to Section 9.2(g) shall earn sick leave credits as provided herein, but his/her total pay when absent on such leave shall be the amount which would have been due him/her if he/she had worked his/her usual number of hours or days during such period.

    (c) An employee absent on sick leave shall notify his/her supervisor, or the supervisor’s designee if appointed, of such absence and the reason therefor on the day of such absence and within 60 minutes after the beginning of his/her workday; provided, however, that where the work is such that a substitute may be required, the District Administrative Judge or his/her designee may require earlier notification, but not earlier than two hours prior to the beginning of the employee’s workday. The District Administrative Judge or his/her designee shall waive such notice requirements where he/she has determined that a medical emergency existed which prevented the employees from complying with such notice requirements. Sick leave credits may be used in such units as the District Administrative Judge or his/her designee may approve but shall not be used in units of less than 15 minutes.

    (d) Before absence for personal illness may be charged against accumulated sick leave credits, the District Administrative Judge or his/her designee may require such proof of illness as may be satisfactory to him/her, provided, however, the State will not routinely require proof of illness for absences of three days or less. Abuse of sick leave shall be cause for disciplinary action.

    (e)(1) The District Administrative Judge or his/her designee may require an employee who has been absent because of personal illness, as a condition of his/her return to duty, to submit the Health Care Provider Certifications for Employee’s Return To Work Form, and the other forms currently in use (Estimated Capabilities Form and Duties Assessment Form for Court Officers) prior to the employee’s return to work to establish that the employee is not disabled from the performance of the employee’s normal duties and that the employee’s return to duty will not jeopardize the employee’s health or the health of other employees. If the medical reports provided by the employee are deemed insufficient, the employee will be notified within (5) work days and asked to provide additional medical. If the employee does not provide additional medical or the medical provided is deemed insufficient, the Deputy Chief Administrative Judge ( Courts Outside New York City), will make a determination within five (5) work days from the date of receipt of the additional medical as to whether the employee will be examined, at the expense of the State, by a physician designated by the State, to establish if the employee is able to perform his/her normal duties and if the employee’s return to duty will not jeopardized the employee’s health or the health of other employees. The examination shall be scheduled within twenty (20) work days after a determination is made by the Deputy Chief Administrative Judge (Courts Outside New York City) to send the employee to be examined by a State physician. If it is determined that the employee needs to be examined by a specialist including a psychiatrist, this examination shall be scheduled within twenty (20) work days from the date the employee is examined by the State physician. A failure by the State to meet the time frames provided in this Section shall not be deemed as authorizing am employee to return to work.

    (2) For absences of three (3) days or less, the Return to Work form will not be required unless the employee is on a leave benefit, including intermittent leave, or left the work place in the care of emergency services personnel.

    (f) In addition to personal illness of an employee, personal visits to a doctor, dentist, or other medical practitioner by the employee when approved in advance when practicable by the District Administrative Judge or his/her designee may be charged against accumulated sick leave credits. Proof of the need for such absence, satisfactory to the District Administrative Judge or his/her designee, may be required.

    (g) When an employee is transferred or reassigned, his/her accumulated sick leave credits shall be transferred with him/her. When an employee is separated from service, for other than disciplinary reasons, and is subsequently reinstated or re-employed within one year after such separation or is reinstated by action of the Chief Administrative Judge, or is reinstated or re-employed while eligible for reinstatement from a preferred list, his/her sick leave credits accumulated and unused at the time of his/her separation shall be restored.

    (h) Charges to an employee’s annual leave shall be changed to a charge to sick leave during a period of verified hospitalization. An employee may request that a charge to annual leave be changed to a charge to sick leave during a period of documented verified illness. Such request shall be submitted to the Deputy Director for Labor Relations or his/her designee for final determination.

    (i) Incapacitated Employees
    (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally disabled from performing the duties of his/her position, the Deputy Chief Administrative Judge (Courts Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees.

    (2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with operations, the Deputy Chief Administrative Judge (Courts Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her position, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period.

    (3) An employee who is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee’s disability. If a suitable position is not available, the State may offer the employee any available opportunity for appointment to another title for which the employee is qualified pursuant to applicable Rules of the Chief Administrative Judge. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to being place on leave without pay. An employee who chooses to draw his/her accumulated leave credits under this Section shall cease to earn and accrue sick and annual leave credits during that period. An employee placed on leave pursuant to this subsection who is not reinstated within one year after the date of commencement of such leave, may be terminated by the Deputy Chief Administrative Judge (Court Outside New York City) and his/her position may be filled by a permanent appointment.

    (4) When an employee who is not permanently incapacitated from performing the duties of his/her position has been absent from and unable to perform the duties of his/her position by reason of sickness or disability either for a consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months and who reasonably cannot be expected to be able to resume performing his/her duties on a full-time basis shortly thereafter, his/her employment status may be terminated by the Deputy Chief Administrative Judge (Courts Outside New York City) and his/her position may be filled by a permanent appointment.

    (5) This Section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

    (6)(a) Absent exceptional circumstances, prior to being placed on leave pursuant to Section 9.3(i)(2) or 9.3(i)(3) or terminated pursuant to Section 9.3(i)(4) or, under exceptional circumstances, as soon thereafter as reasonably possible, an employee shall be provided with written notice thereof, including written notice of the facts relied on therefor and written notice of the employee’s right to appeal the determination and of the procedures for perfecting such appeal. Such notice shall be served in person or by first class, registered or certified mail, return receipt requested, upon the employee and the Association. If such person elects to appeal, he/she shall file a written request for a hearing with the Deputy Chief Administrative Judge (Courts Outside New York City) within ten (10) workdays from service of the notice of the determination to be reviewed. The request for such hearing shall be filed by the employee personally or by fist class, certified or registered mail, return receipt requested.

    (b) Upon receipt of such request, the Deputy Chief Administrative Judge (Courts Outside New York City) shall supply to the employee of his/her personal physician or authorized representative, copies of all diagnoses, test results, observations and other data supporting the determination, and imposition of the leave or termination shall be held in abeyance until a final determination is made by the Deputy Chief Administrative Judge (Courts Outside New York City) as provided in Section 9.3(i)(6)(c).

    (c) A hearing shall be held by a hearing officer designated for that purpose by the Deputy Chief Administrative Judge (Courts Outside New York City). The hearing officer shall be vested with all the powers of the Deputy Chief Administrative Judge (Courts Outside of New York City), and shall make a record of the hearing which shall, with his/her recommendation, be referred to the Deputy Chief Administrative Judge (Courts Outside New York City) for review and decision and which shall be provided to the employee free of charge. The employee shall, upon request, receive a copy of the transcript of the hearing without charge. The employee may be represented at the hearing by counsel or a representative of the Association and may present medical experts and other witnesses or evidence. The burden of proving metal or physical unfitness shall be upon the State. Compliance with technical rules of evidence shall not be required. The Deputy Chief Administrative Judge (Courts Outside of New York City) will render a final determination and may either uphold the original notice of leave of absence, withdraw such notice or modify the notice as appropriate. A final determination of an employee’s request for review shall contain notice to the employee of his/her right to appeal from such determination and of the procedures for perfecting such appeal.

    (d) If such person elects to appeal, he/she shall make application to the Chief Administrative Judge. Such employee shall be afforded an opportunity to present facts and arguments, including medical evidence, in support of his/her position at a time and place and in such a manner as may be prescribed by the Chief administrative Judge. The reviewing authority shall make his/her determination on the basis of the medical records and such facts and arguments as are presented.

    (7) An employee on leave pursuant to Section 9.3(i)(2) or 9.3(i)(3) may, within one year of the commencement of such leave, make application to the Deputy Chief Administrative Judge (Courts Outside New York City) for medical examination to be conducted by a medical officer selected for that purpose by the Chief Administrative Judge or his/her designee. An employee whose employment status has been terminated pursuant to Section 9.3(i)(3) or 9.3(i)(4), may, within one year after termination of his/her disability, make application to the Deputy Chief Administrative Judge (Courts Outside New York City) for a medical examination to be conducted by a medical officer selected for that purpose by the Chief Administrative Judge or his/her designee. If, upon such medical examination, the medical officer shall certify that such person is physically and mentally fit to perform the duties of his/her former position, he/she shall be reinstated to the former position, if vacant, or to a vacancy in a similar position or in a position in a lower title in the same occupational field in his/her former promotional unit. If no appropriate vacancy shall exist to which such reinstatement may be made, or if the work load does not warrant the filling of such vacancy, the name of such person shall be placed on a preferred list for his/her former position in his/her former promotion unit, and he/she shall be eligible for reinstatement in such former promotion unit from such preferred list for a period of four years. In the event that such person is reinstated in a position in a title lower than that of his/her former position, his/her name shall be placed on the preferred eligible list for the former position or any similar position in such former promotion unit.

    (8) This Section shall not be deemed to modify or supersede any other provisions of law applicable to the re-employment of persons retired from the public service on account of disability. Not with standing any other provision of this Agreement, when an employee’s disability permanently incapacitates him/her from performing the essential duties of his/her position, his/her employment status may be terminated and his/her position may be filled by a permanent appointment. Such employees shall be entitled to due process and hearings as enumerated in Section 9.3(i).

    (j) Sick Leave Bank
    The Sick Leave Bank in existence shall continue unless otherwise mutually agreed to by the parties.

    (k) Use of Accruals at Half-Time During FMLA Leaves During a non-discretionary leave pursuant to the FMLA for their own serious health condition, employees may charge their leave accruals at the half-time rate. During a caregiver leave pursuant to the FMLA, employees may charge their sick leave accruals at the half-time rate.

  4. 9.4 Workers’ Compensation Leave(I)Non-Uniformed Personnel and Uniformed Personnel Who Incur Non-Line-of-Duty Injury/Illness

    (1)(a) Employees necessarily absent from duty because of an occupational injury, disease or condition as defined in the Worker’s Compensation Law, shall be eligible for a Workers’ Compensation Benefit as modified in this Article. Determinations of the Workers’ Compensation Board regarding comp compensability of claims shall be binding upon the parties.

    (b) For the purposes of the Section of Workers’ Compensation injury shall mean:

    (1) Any occupational injury, disease or condition found compensable as defined in the Workers’ Compensation law for non-uniformed personnel, and; 

    (2) Any occupational injury, disease or condition found compensable as defined in the Workers’ Compensation law and not incurred in the line-of-duty as a Court Officer/Senior Court Officer for uniformed personnel.

    (a) An employee who suffers a compensable occupational injury shall, upon completion of a ten-workday waiting period, be placed on a leave of absence without pay for all absences necessitated by such injury and shall receive the benefit provided by the Workers’ Compensation law except as set forth in this Article.

    (b) An employee necessarily absent for less than a full day in connection with a Workers’ Compensation injury as defined in section 9.4(I)(1)(b) due to therapy, a doctor’s appointment, or other required continuing treatment, may charge accrued leave for said absences.

    (c) This shall not, however, be a bar to receipt of additional disability benefits provided to employees through Article 22 of this Agreement.

    (d) The State will make previously authorized payroll deductions for the period the employee is in pay status receiving salary sufficient to permit such deductions. The employee is responsible for making payments for any such deduction during periods of leave without pay, such as those provided in Section 9.4(I)(2)(a) above. 

    (3) An employee required to serve a waiting period pursuant to subsection (2)(a) shall have the option of using accrued leave credits or being placed on leave without pay. Where an employee charged credits, upon receipt of documentation from the State Insurance Fund issuing a credit to the State for the time charged, the employee shall be entitled to restoration of credit charged proportional to the net monetary award credited to the State by the Workers’ Compensation Board. In the event the restoration of credits is not sufficient to restore the full amount of accrued leave used during the waiting period, the Court shall credit to the employee’s leave accruals the difference between the accrued leave used and the Workers’ Compensation Board credit.

    (4) When annual leave credits are restored pursuant to this Article and such restoration causes the total annual leave credits to exceed 54 days, a period of one year from the date of the return of the credits or the date of return to work, whichever is later, is allowed to reduce the total accumulation to 54 days. 

    (5) An employee receiving Workers’ Compensation payments for a period of disability found compensable by the Workers’ Compensation Board shall be treated as though on the payroll for the length of the disability not to exceed 12 months per injury for the sole purposes of accruing seniority, continuous service, health insurance and Welfare Fund contributions normally made by the State, and accrual of annual and sick leave. Additionally, such employees shall be treated as though on payroll for the period of disability not to exceed 12 months per injury for the purposes of retirement credit and contributions normally made by the State and/or the employee. 

    (6)(a) Where an employee’s Workers’ Compensation claim is controverted by the State Insurance Fund upon the ground that the disability did not arise out of or in the course of employment, the employee may utilize leave credits pending a determination by the Workers’ Compensation Board. 
    (b) If the employee’s controverted or contested claim is decided in the employee's favor, any leave credits charge shall be restored proportional to the net monetary award credited to the State by the Workers’ Compensation Board. 
    (c) If the employee was in leave without pay status pending determination of a controverted or contested claim, and the claim is decided in the employee's favor, the employee shall receive the benefits and Paragraph 9.4(I)(5) for the period covered by the award not to exceed 12 months per injury. 
    (d) Where a claim for Workers’ Compensation is controverted or contested by the State Insurance Fund, the parties will abide by the determination of the Workers’ Compensation Board. 
    (7)(a) If the date of the disabling incident is prior to April 1, 1986, the benefits available shall be provided as in the 1982-85 UCS/Association Agreement.
    (b) If date of the disabling incident is on or after April 1, 1986 and prior to September 9, 1993, the benefits available shall be as provided in the 1988-91 UCS/Association Agreement. 
    (c) If the date of the disabling incident is on or after September 9, 1993, the benefits available shall be as provided herein. 

    (8) The State and the Association shall establish a committee whose purpose shall include but not be limited to reviewing and making recommendations on the following: (1) the effects of the implementation and administration of the Workers’ Compensation statutory benefit, including resulting savings and costs associated with it; (2) the accident and injury data focusing on incidence of injuries or accidents in order to develop prevention strategies and means to reduce and/or eliminate the risk of on the job injury. 

    (9) The State retains all its managerial rights to monitor all Workers’ Compensation claims. (II) Uniformed Personnel Injured In The Line of Duty(a) A uniformed employee necessarily absent from work because of an occupational injury or disease as defined under the Workers’ Compensation Law, and incurred in the line of duty, shall be granted leave from his/her position for the period of absence necessitated by such injury in accordance with the provisions of this Section. For purposes of this Section a line of duty injury shall include any injury: caused by an accident while driving a motor vehicle in the course of providing judicial protection or while making bank deposits; incurred while on a Mobile Security Patrol Assignment; incurred through the administration of Naloxone (Narcan); incurred in the course of training including firearms training (for court officers and court clerks), training at the Court Officers Academy (or other facility where basic court officer training takes place), practice at the firing range (court officers and court clerks) and OC, baton training, or in the course of other State approved, sponsored or required training ; incurred through an assault to the employee; incurred by the employee while guarding a prisoner, including, but not limited to, and injury suffered by the employee while transporting a prisoner; suffered by the employee in the pursuit of a criminal or an injury incurred while coming to the aid of an employee, member of the public or in response to an emergency. Notwithstanding the above, a line of duty injury shall not include injuries incurred by a New York State Court Officer-Trainee in the Court Officers Academy for recruit training unless the injury is a result of a firearms discharge at firearms training or as a result of defensive tactics training. 

    An employee requesting leave under this Section must submit a request for such leave benefit to the Deputy Director for Labor Relations or his/her designee on forms to be established. Such request must be submitted within 25 workdays of the occurrence of the injury or, the first day of the absence due to the injury whichever is later. The Deputy Director for Labor Relations or his/her designee shall waive the time limitation on filing such request where he/she determines that a medical condition existed which prevented the employee from complying with such time limitations. 

    (b) An employee absent on leave under this Section must remain at home and be within telephone communication of the Deputy Director for Labor Relations or his/her designee. If, for any reason, the employee must be away from home, he/she must leave a forwarding telephone number and location with the Deputy Director for Labor Relations or his/her designee. 

    (c) In the event that leave pursuant to this Section is denied, the State shall provide a statement in writing of the reasons for such denial. Leave under this section may be withheld or terminated if: 

    (1) the employee’s claim for benefits under the Workers’ Compensation Law is controverted by the State Insurance Fund (at the request of the State or on the initiative of the State Insurance Fund). If final determination of the controverted claim is in favor of the employee, eligibility for the leave shall be determined as provided in Section 9.4(II) for all absences necessitated by the occupational injury or disease;
    (2) the Workers Compensation Board determines that the disability resulting from such injury or disease is not compensable; 
    (3) there is good and sufficient reason to believe that the employee could report to work on a full-time or part-time basis; 
    (4) the employee has not submitted satisfactory medical documentation of the claim disability upon request;  
    (5) the employee fails or refuses to submit to a medical examination conducted by a physician selected by the State and at the expense of the State; 
    (6) the employee fails or refuses to submit to a timely request for such leave; or, 
    (7) it is determined that the employee is employed on a full or part time basis outside the Unified Court System; 
    (8) the employee failed to obtain prior permission during his/her regular hours of work to leave his/her home while on Workers’ Compensation leave; 
    (9) the State in its discretion determines that an employee should return to work on a light-duty basis even if a doctor determines that the employee is medically disabled; or, 
    (10) the employee’s services would have terminated or ceased under law, rule or regulation.

    (d) An employee who is granted leave under this Section shall be allowed leave at full pay without charge to leave credits for a period not to exceed six months for each separate injury or disease; provided, however, that the cumulative total of leave shall not exceed the number of hours normally and regularly worked by the employee during the six-month period.

    (e) The Workers’ Compensation leave may be extended for an additional six months upon a determination by a State Insurance Fund physician or consulting OCA physician, or a State-selected physician that such employee is not permanently disabled and will be able to return to duty within the additional leave period. 

    (f) Should the employee’s disability continue beyond 12 months, and a determination is made by a State Insurance Fund physician or consulting State physician, or a State-selected physician, that the employee is not permanently disabled and will be able to return to work within the additional leave period, the employee will be granted leave under this Section for a period not to exceed an additional six months. 

    (g) The Deputy Director for Labor Relations or his/her designee may, at approximately the tenth month of utilization of Workers’ Compensation leave, have an employee examined by a State Insurance Fund physician or consulting physician, or State-selected physician, to determine if the employee is permanently incapacitated from performing his/her duties as a uniformed employee. If it is determined that the employee is permanently incapacitated, the Deputy Director for Labor Relations or his/her designee will notify the employee by certified mail, return receipt requested with a copy to the Association, encouraging him/her to file for disability retirement or any other retirement that may be available prior to the 12th month of such Workers’ Compensation leave. Such notice shall indicate that should the employee choose not to file for disability retirement by the end of the 12th month of such leave, he/she shall not be eligible for the additional leave provided under Section 9.4(II)(i). 

    (h) If, at any time, it is determined through medical examination that the injury or disease incurred by the employee is of such nature as to incapacitate the employee from the full performance of duties either permanently or for the duration of the period for which Workers’ Compensation leave can be granted, the Deputy Director for Labor Relations or his/her designee will notify the employee by certified mail, return receipt requested with a copy to the Association, encouraging him/her to file for disability retirement prior to the 12th month of such Workers’ Compensation leave. Such notice shall indicate that should the employee choose not to file for disability retirement by the end of the 12th month of such leave, he/she shall not be eligible for the additional leave provided under Section 9.4(II)(i).

    (i) If an employee has applied for disability retirement under subsections (g) or (h), and exhausts eligibility for Workers’ Compensation's leave under this Section prior to a determination regarding the application for disability retirement, leave under this Section can be granted for up to an additional six months. 

    (j) If it is subsequently determined that an employee was not entitled to Workers’ Compensation leave with pay without charge to leave credits, for any period for which such employee was granted such leave as provided in this section, the employee shall be required to make reimbursement for such paid leave from current or subsequent accumulations of leave credits at a rate and in a manner to be determined by the Deputy Director for Labor Relations or his/her designee. 

    (k) In order to enable the State to make such determinations as are authorized or required under this section, the Deputy Director for Labor Relations or his/her designee may, at any time, require an employee to provide medical documentation of the disability satisfactory to him/her or to be examined at the expense of the State by a physician designated by the State. 

    (l) This Section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation or to require the granting of any leave benefits provided herein solely because of determinations made by the Workers’ Compensation Board. 

    (m) Provided, however, that nothing contained in this Article shall prevent the State from requiring an employee to return to work upon a determination by a State-selected physician that the employee is medically able to return to work. 

    (n) Workers’ Compensation Leave-Assaultive Circumstances. The State shall grant leave pursuant to Section 9.4(II) to non-uniformed employees who were injured in the line of duty through “assaultive circumstances”, as defined in Section 9.4(II)(a), and who otherwise qualify for Workers’ Compensation benefits. 

    (o) Workers’ Compensation Leave-Extraordinary Circumstances. In addition to the leave set forth above in section 9.4(II)(n), in the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City), employees may also be eligible for leave under section 9.5(h) of the Agreement for injuries incurred as a result of extraordinary circumstances. 

    (III) NYS Court Officer-Trainee (Absence During Traineeship).Up to a maximum of 60 workdays of absence is attributable to an authorized line of duty injury under section 9.4(II) shall be forgiven during the two-year period required to qualify for promotion to NYS Court Officer, JG-19.

    (IV) Death Benefit (Performance of Duty).If an employee dies during the term of his Agreement because of an injury arising out of and in the course of the employee’s employment, through no fault of the employee and in the proper performance of his/her duties, a $100,000 death benefit will be made to the employee's estate from funds other than those provided by the Retirement System and will be in addition to any other payment that the employee may be entitled to as a result of such death. 
  5. 9.5 Other Leaves With Pay. 
    (a) Leave for Subpoenaed Appearance and Jury Attendance. Upon application to the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee, together with proof satisfactory to the State of the necessity of each days absence from work, an employee shall be granted a leave of absence with pay for documented absences resulting from jury service or appearance as a witness pursuant to subpoena or other order of the court or body. Provided, however, that this Section shall not apply to any absence by an employee occasioned by such an appearance where the employee, or his/her relative as defined in subsection (f) of this Section, has a personal interest in the underlying action or proceeding; nor shall this Section apply to any absence by an employee who receives a fee for testifying as an expert witness. 

    Employees entitled to leave under this Section shall not be entitled to receive any remuneration for jury service except mileage and transportation expenses when serving on a New York State-Unified Court System jury. Should an employee receive a New York State-Unified Court System jury fee, the State will require reimbursement from the employee.

    (b) Leave for Civil Service Examinations. An employee shall be allowed leave with pay to take Civil Service examinations at the appropriate examination center for positions in the Unified Court System. An employee also shall be allowed leave with pay to appear for an official investigation or appointment interview for competitive class, noncompetitive class or exempt class positions in the Unified Court System. Prior to such leave being granted, due notice and proof satisfactory to the State shall be submitted by the employee to the District Administrative Judge or his/her designee.

    The State agrees that to the extent the Chief Administrative Judge determines, pursuant to the rules of the Chief Judge and the Chief Administrative Judge, to establish examination fees for civil service examinations, the State will waive such examination fees for employees.

    Upon application to the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee, together with proof satisfactory to the State, employees registered to take the New York State Bar examination shall be allowed two days leave with pay to take the Bar examination and, if necessary, one day leave with pay to review the results of such examination. 
    (c) Leave for Quarantine. If an employee who is not ill himself is required to remain absent because of quarantine and presents a written statement of the attending physician or local health officer proving the necessity of such absence, he/she shall be granted leave with pay for the period of his/her required absence, without charge against accumulated sick leave, annual leave or overtime credits. Prior to return to duty, such employee may be required to submit a written statement from the local health officer having jurisdiction that his/her return to duty will not jeopardize the health of other employees. 

    (d) Leaves Required by Law. An employee shall be allowed such other leaves of absence with pay, including military leave, as are required by law. 

    (e) Leave for Civil Defense Duties. Upon certification by the State Director of Civil Defense of the necessity for the participation in State or local civil defense drills of an employee enrolled as a civil defense volunteer, and required to perform civil defense duties, pursuant to the State Defense Emergency Act, the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee , may allow such employee to absent himself/herself from his/her position, without loss of pay or charge against leave credits, for such time as is necessary for participation in such drills, but not exceeding cumulatively five work days per calendar year. 

    (f) Bereavement Leave. Leave of up to four consecutive State workdays (based on a standard Monday to Friday work week and not to exceed a total of 28 work hours), shall be allowed immediately following the death of an employee's spouse; domestic partner; natural, foster or step: parent; child; brother or sister; or the natural, foster or stepchild of the employee’s domestic partner. Such four consecutive State workdays also shall be allowed following the death of an employee's father-in-law or mother-in-law; The parent or stepparent of the employee’s domestic partner; grandparent or grandchild; any relative residing with the employee; or an individual for whom the employee has been the primary caregiver. 

    Leave of up to two consecutive State workdays (not to exceed 14 work hours) shall be allowed immediately following the death of an employee's son-in-law or daughter-in-law or the son-in-law or daughter-in-law of the employee’s domestic partner.

    Additionally, one day (not to exceed 7 work hours) off bereavement leave shall be allowed for an employee's brother-in-law or sister-in-law.

    In exceptional cases where the deceased is unavailable for burial or services, the district administrative judge (or his/her designee) may, in his/her discretion, upon employee’s request, waive the requirement that bereavement leave be used immediately following the death.

    For those employees regularly scheduled to work on a weekend or holiday, such days shall be considered State workdays for purposes of this Section only. Prior notice and authorization is not required for leave under this subsection. When a death in an employee's family occurs while he/she is on annual leave, such time as is excusable for bereavement leave shall not be charged to annual leave. 

    (g)(1) Extraordinary Circumstances. An employee who has reported for duty, and because of extraordinary circumstances beyond his/her control, is directed to leave work, shall not be required to charge such directed absence during such day against leave credits. An employee who does not report for duty because of circumstances beyond his/her control shall not be required to charge such absence during such day against leave credits if the court or other facility where the employee is required to report is closed due to such extraordinary circumstances. Any release or excusal of employees due to extraordinary circumstances does not create any right to equivalent time off by employees not adversely affected by the extraordinary circumstances. Only designated management officials may direct employees to leave work. The Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee shall promulgate a list of personnel who have this authority and forward to the Association such list. 

    (2) Employees who are required by the District Administrative Judge or his/her designee to work when the court or facility where they report to work is closed due to extraordinary circumstances, shall be credited with a minimum of five (5) hours of compensatory time regardless of the amount of time that they are required to work when the court is closed. Employees who work more than five (5) hours of their regularly scheduled day on a day when the court or facility where they report to work is closed due to extraordinary circumstances shall receive additional compensatory time on a minute for minute basis. This Section shall not apply when there is a delay in the opening of a court or facility. 

    (3) In the event of a delayed opening, employees directed to report to work during the delay will receive compensatory time on a minute for minute basis.

    (h) The Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee may grant leaves with pay for reasons not itemized in this Section.

    (i) Blood Donations. Subject to the reasonable operating needs of the court or court-related agency, an employee shall be allowed three and one-half hours leave with pay for blood donations made during an employee’s normal working hours. Such leave shall only be used on the day such donation is made and shall include all time spent making such donation (including travel time to and from the collection point). This provision shall not apply to an employee who receives a fee for such donation.

    (j) CAT Training. Upon application to the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee, with proof satisfactory to the State, a court reporter may be granted up to two days leave with pay for computer-aided transcription (“CAT”) training which enables an employee to initially become CAT-proficient.

    (k) Grievance Meetings and Arbitration Hearing. The grievant and necessary witnesses shall be allowed leave with pay to participate in first and second step grievance review meetings and arbitration during work hours.

    (l) Grand Jury Leave.
    (1) Peace Officers who may become the subject of a Grand Jury review for using physical force pursuant to their official duties shall be granted leave for a period not to exceed six months while the incident is reviewed by the Grand Jury. Grand Jury Leave will run concurrently with the Grand Jury review. Once the Grand Jury review concludes, the peace officer’s leave shall end and the peace officer shall return to work, unless another leave is granted.(2) While on leave pursuant to this subsection, a peace officer will receive the same benefits provided to employees on other leaves with pay except a court officer shall not accrue Pre-tour prep time pursuant to Section 23.7(a).
    (3) Except as provided in subsection (2) above, employees shall receive all the same benefits as they would on any other paid leave.

    (m) Leave for Firearms Screening. Peace officers who have (i) successfully completed Basic Peace Officer Training; (ii) have submitted an “Application for Clerical Employees (Peace Officer Titles) Requesting Firearms Training”; and (iii) have been approved by the Office of Court Officer Staffing and Security Services to participate in firearms training, shall be eligible for up to two work days (not to exceed 14 work hours) of leave with pay for purposes of participating in required firearms screening procedures, i.e. medical exam; Physical Ability Test (PAT); vision screening test; written psychological test; background investigation; psychological interview evaluation board review. The use of leave under this Section is subject to approval by the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee. This Section shall not apply to leave to attend firearms requalification. 

  6. 9.6 Leaves Without Pay. 
    (a) Leaves of Absence; Duration. A permanent employee may, in the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee, be granted a leave of absence, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years. In an exceptional case, a further extension may be permitted by the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee for good cause shown and where the interests of the government would be served. For the purposes of this Section, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.

    This Section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

    (b) Successive Leaves of Absence. Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to a subsection (a) above, a further leave of absence without pay shall not be granted unless the employee returns to his/her position and serves continuously therein for six months immediately preceding this subsequent leave of absence.

    (c) Leave for Child Care. A combined confinement and child care leave of absence without pay shall be granted to an employee (male or female) who becomes the parent of a child up to four years of age, either by birth or by adoption, for a period of up to 12 months. A period beyond 12 months, but not more than another successive 12-month period, may be granted at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee subject to the staffing needs of the court. The use of this maximum allowance will be limited to one instance only unless the employee returns to his/her position and serves continuously therein for six months immediately preceding the subsequent leave of absence. Prior to the commencement of confinement and child care leave, and employees shall have the option to be continued in pay status for a period of time equal to all of the employees unused accrued annual leave. A pregnant employee shall have the option to be continued in pay status for a period of time equal to all or part of her period of disability using accrued sick leave or annual leave. 
  7. 9.7 Payment of Accruals Upon Separation from Unified Court System Service.
    (a) At the time of separation from Unified Court System service, an employee or his/her estate or beneficiary, as the case may be, shall be compensated in cash for annual leave credits not in excess of 80 days (560 hours) accrued and unused as of the effective date of separation and for compensatory time not in excess of 54 days (378 hours) accrued an unused as of the effective date of separation. Any accumulation of compensatory time in excess of 54 days at the time of separation shall be converted into sick leave. Cash compensation for annual leave shall be adjusted where an employee is transferring to a different state entity and meets the requirements under a valid reciprocal agreement for the transfer of leave credits. In the case of resignation, the District Administrative Judge or his/her designee may require, as a condition for such payment, that written notice of such resignation be given to the District Administrative Judge or his/her designee at least two weeks prior to the last day of employment. 

    (b) An employee on leave from his/her position due to his/her entry into the Armed Forces of the United States for active duty (other than for training as defined by Title 10 of the United States Code) may elect to receive compensation in cash for accrued an unused annual leave and overtime credits in each category accrued an unused as of the last date on which his or her name appeared on the State payroll. 

    (c) No employee who is placed on the payroll of the State pursuant to Section 39 of the Judiciary Law shall be entitled to compensation under this Section for any time or leave credits accrued before April 1, 1977, except in accordance with Section 39 of the Judiciary Law. 
  8. 9.8 Written Agreement Required for Transfer of Leave Credits. For the purposes of applying the provisions of this Article, employment in the Executive or Legislative branches of State service shall be credited as service in the Unified Court System; provided, however, that except as otherwise provided by law, leave credits may not be transferred upon movement from such positions to positions within the negotiating unit except where such credits are earned and accumulated in accordance with attendance and leave positions which are substantially equivalent to the time and leave positions of this Agreement and there is written agreement between the President of the Civil Service Commission and the Chief Administrative Judge governing the transfer of leave credits upon such movements. Other public employment may be credited as service in the Unified Court System for purposes of determining transferability of leave credits provided such employment was subject to attendance an leave provisions substantially equivalent to the time end leave provisions of this Agreement, and provided there is a written agreement between the Chief Administrative Judge and the public agency wherein such employment occurred governing the crediting of such employment and the transfer of leave credits upon movement of employees to and from such agency and positions included within this negotiating unit. 
  9. 9.9 Holidays. All legal holidays enumerated herein shall be allowed as paid days off, or holiday pay as set forth in Section 9.11 shall be allowed in lieu thereof. The days prescribed by law for the observance of New Year's Day, Martin Luther King Jr's birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be observed as holidays.A Statewide committee will be established with representatives from all unions representing non judicial court employees to ascertain whether the day after Thanksgiving Day could be substituted for a presently existing holiday. 
  10. 9.10 Retroactive Time Credits. Nothing in this Article shall be construed to provide for the granting of annual leave credits for services rendered prior to the effective date of this Agreement provided, however, that nothing in this Agreement shall affect annual leave, sick leave or other time or leave credits lawfully earned prior to the effective date of this Agreement. 
  11. 9.11 Holiday Pay.
    (a) An employee who is entitled to time off with pay on days observed as holidays by the State as an employer will receive at his/her option additional compensation for time worked on such days or compensatory time off. Such additional compensation for each such full day worked will be at the rate of 1/10 of his/her biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, location, inconvenience and shift pay, and assignment differentials as may be appropriate to the place or hours worked. In no event will an employee be entitled to such additional compensation or compensatory time off unless he/she has been scheduled or directed to work. 

    (b) An employee required to work on Thanksgiving Day (the 4th Thursday in November), Christmas Day (December 25th) or New Year's Day (January 1st) shall receive a 100% cash premium for all hours worked on such day in addition to any holiday pay or compensatory time off granted under subsection (a) above. 
  12. 9.12 Holiday Falling on Saturday or Sunday. A holiday falling on a Saturday or Sunday shall be observed on the preceding Friday or following Monday subject to the operational or staffing needs of the court or agency. 
  13. 9.13 Workweek. The State and the Association recognize their mutual goal of best serving the public. Toward that goal the parties also recognize that the State has the right to modify starting and ending times of work schedules as follows: The work week shall be 35 hours. Whenever practicable, the normal workweek shall consist of five consecutive workdays separated by two consecutive days off. This shall not constitute a bar to the consideration of a flexible workweek or a flexible workday. Permanent changes in employees’ work week or work schedule shall be made upon reasonable notice to the Association. The impact of permanent changes in employees’ workweek or work schedule shall be subject to negotiations with the Association. This Section shall not, however, be a bar to consideration of Alternative Work Schedule requests from individuals.
  14. 9.14 Conferences. Four days leave per annum without charge to an employee’s leave credits may be allowed to attend conferences of recognized organizations. Such conferences must be directly related to the employee’s profession or work duties as described in the applicable title standard. This leave is subject to the approval of the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee and the staffing needs of the unit.
  15. 9.15 Request for Reassignment or Transfer. To the extent that an employee's request for reassignment or transfer can be accommodated, the State shall do so. The issue of reassignments and transfers shall be a subject for consideration by the Labor/Management Committee which may suggest and make recommendations regarding procedures to be established. 
  16. 9.16 Scheduling. Subject to the reasonable operating needs of the court or court-related agency, employee service in title in the Unified Court System shall be used to resolve conflicts among employees in the same title in scheduling hours of annual leave, holiday work or flexible time. If two or more employees in the same title have the same length of service in title and the Unified Court System, a conflict in scheduling shall be resolved by lot. Prior service which was credited by the Unified Court System on April 1, 1977 will be used in determining length of service.
  17. 9.17 Layoff.
    (1) In the event of an abolition or reduction of positions pursuant to 25.30 of the Rules of the Chief Judge, permanent employees in the competitive, non-competitive and labor class affected by the abolition or reduction of positions shall be made in inverse seniority order of original appointment date (“OAD”) in the classified service of the Unified Court System subject to the exceptions detailed in this Section of the Rules. 

    (2) All employees, including those in the non-competitive confidential class, who are impacted by a workforce reduction, will be provided with not less than thirty (30) calendar days written notice prior to the effective date.

    (3) SCCEA-represented employees who promote from a competitive title to a non-competitive title in the same title series shall have return rights to their prior competitive title provided that they held that position on a permanent basis.

    (4) Employees covered by section 9.17 who have five years of non-temporary service and are released from court system employment during a workforce reduction shall be afforded the same health benefits protection provided to employees who are non-competitive provided, however, that any health benefits reimbursed shall cease on 1) the date the individual qualifies for health care coverage, other than in connection with previous court system employment; or 2) close of business one year from the date of termination.  
  18. 9.18 Internal Discrimination Claims. Subject to the reasonable operating needs of the court or court related agency and with the prior written approval of the Unified Court System’s Workforce Diversity Office, an employee shall be allowed leave with pay (i) to consult with the Workforce Diversity Office prior to filing an Internal Discrimination Claim pursuant to the Discrimination Claim Policy and Procedure; or, (ii) to attend meetings or consultations with the Workforce Diversity Office in relation to a filed Internal Discrimination Claim. Such leave shall include reasonable travel time. 
  19. 9.19 Early Release. If the THI index, as measured by the National Weather Service in the zip code for the building where the courtroom or office is located, reaches eighty (80) degrees Fahrenheit or above, the Deputy Chief Administrative Judge (Courts Outside New York City) shall authorize dismissal of employees in courtrooms and offices that are non-air-conditioned or have improperly functioning air-conditioners without charge to leave credits no later than 4:00 PM. Additionally should the indoor temperature in a courtroom or office fall below sixty (60) degrees Fahrenheit and there is no functioning heap by 11:00 AM, the Deputy Chief Administrative Judge (Courts Outside New York City) shall authorize the release of employees without charge to their leave credits. Inside temperature reading shall be monitored and reported by the building's engineer(s).

    In the event it is necessary for an employee to remain on duty as part of a skeleton force, he/she shall receive compensatory time.

    Notification of such early release shall be made to the Courts and the Association by a designee of the Deputy Chief Administrative Judge (Courts Outside New York City).

OVERTIME

  1. 10.1 Overtime Policy. Employees shall receive compensatory time for work performed between 35 and 40 hours per week in cash compensation at a straight-time rate as provided in Section 10.6, or compensatory time, pursuant to Section 10.8, at the employee’s option. Employees shall receive compensation for work performed in excess of 40 hours per week at a rate equal to one and one-half times their hourly rate of pay as provided in Section 10.6. It is the policy of the State that overtime work be held to a minimum consistent with the needs and requirements of sound and orderly administration of state government. 
  2. 10.2 Definitions. Wherever used in this Article:
    (a) “Overtime” shall mean only hours worked in excess of 35 hours in any workweek by an eligible employee.

    (b) An “eligible employee” shall mean any employee who is not deemed ineligible to earn overtime pay, as provided under Section 10.3.

    (c) “Scheduled overtime” shall mean overtime which is susceptible to scheduling and approval in advance of need.

    (d) “Unscheduled overtime” shall mean overtime which is necessitated by emergency conditions which cannot be anticipated in advance.

  3. 10.3 Exclusions.
    (a) Employees who meet the criteria for exclusion from the overtime provision of the Fair Labor Standards Act (“FLSA”) shall not be eligible to receive contractual overtime compensation.

    (b) With respect to previously-made determinations on contractual overtime exclusions such determinations shall be continued.

    (c) In the event that the State determines that an individual employee whose title had previously been considered as eligible for contractual overtime compensation meets the FLSA criteria for exclusion, it will provide the Association with thirty (30) days prior notice of such determination and afford the Association, during this thirty (30) day period, with the opportunity to assert that such individual employee/title should continue to be eligible for overtime compensation. 

    (d) With respect to new titles, the State shall undertake a review of all such titles, as they are established, for the purpose of determining overtime eligibility for contractual overtime using FLSA criteria. Upon request by the Association, the State and the Association shall meet to discuss whether the title in question should be eligible to receive contractual overtime compensation.

    (e) The Administrative Director may waive the restriction contained in Section 10.3(a) whether he/she determines that strict adherence to such restriction would be detrimental to the sound and orderly administration of the Unified Court System. 

    (f) Nothing in this Section shall be construed as a waiver of the Association's right to appeal the State’s determinations to the appropriate forum, or as a waiver of the State’s right to implement changes in accordance with the provisions herein. 

  4. 10.4 Authorization for Overtime Work.
    (a) Unscheduled overtime work must be authorized in advance by the Administrative Judge.**(for purposes of this Article, the term Administrative Judge refers to the District Administrative Judge-Tenth Judicial District-Suffolk County)

    (b) Notification of unscheduled overtime shall be forwarded to the Director of Budget and Finance at the close of the biweekly payroll period in which the overtime is authorized.

    (c) Scheduled overtime work must have the prior approval of the Administrative Director or his/her designee.

    (d) The District Administrative Judge will take all reasonable steps to provide for an equitable distribution of scheduled overtime opportunities among qualified permanent employees of the appropriate work unit, provided, however, that such overtime opportunities may be denied to an employee who has been determined to have a poor record of attendance and/or tardiness by the final determination of discipline or the alternate discipline procedure for time and attendance infractions. With regard to employees denied such overtime opportunities for time and attendance infractions, such exclusion shall not exceed six months following the final determination of discipline or alternate discipline procedures.

    (e) There shall be no rescheduling of days off or hours of work to avoid the payment of overtime.

    (f) In the absence of a sufficient number of volunteers, unscheduled overtime can be required of any employee who, in the judgment of his/her supervisor, is needed to do the work.

    (g) Overtime performed in a higher or lower title can be performed only on a voluntary basis. Extra service work can also be performed only on a voluntary basis.

    (h) Eligible employees shall be eligible for overtime for actual travel and/or service performed while in travel status, provided that:
    (1) The trip is not between the employee’s residence and his/her official workstation.
    (2) The trip is for the purpose of conducting State business and is authorized in advance.
    (3) Authorization is granted only when travel during regular work hours is less economical or unduly delays the employee’s return to his/her official workstation.
    (4) The trip is not taken for the purpose of attending a professional conference or convention.

  5. 10.5 Determination of Overtime Earned.
    (a) Total hours worked shall include all the time worked by an employee when required to be on duty or at a prescribed workplace and shall exclude all absences from duty and all time allowed for meals. Overtime work shall also exclude all preparation of transcripts except those transcripts prepared pursuant to section 299 of the Judiciary Law provided such work is performed beyond 40 hours, and provided that no other compensation will be received from any other source by the court reporter for production of the transcript. In addition, the court reporter’s supervisor must determine that such transcripts cannot be produced during normal working hours and the supervisor must give advance written approval for the production of the transcript on an overtime basis. Such work will be deemed scheduled overtime work. For purposes of computing total hours worked in a week, time during which an employee is excused from work because of holidays, sick leave at full pay, annual leave, compensatory time off or other leave at full pay shall be considered as time worked by the officer or employee. Compensatory time off granted in the same workweek in which it is earned, except compensatory time off granted in lieu of a holiday worked in such workweek, does not add to the total hours worked and is not to be construed as time worked by an employee. 

    (b) Employees who volunteer to standby in their homes or who are required, ordered, and/or scheduled on an involuntary basis to standby in their homes subject to recall shall receive payment on the basis of ½ hour paid overtime for each hour of standby time in cash, if eligible for cash payment or compensatory time off, if eligible for compensatory time. 

    (c) Employees recalled from home for unscheduled overtime work shall be guaranteed overtime payment in cash for at least four hours, if eligible for cash payment, provided, however, if an employee is eligible for cash overtime payment, he/she shall be guaranteed compensatory time off for at least four hours. 

    (d) Overtime shall be paid on a minute for minute basis.

  6. 10.6 Computation of Cash Compensation. Payment for overtime shall be computed in the following manner:
    (a) If an employee works overtime in his/her regular position or title or in a position the title of which is allocated to the same salary grade as his/her regular position, he/she shall be compensated for work between 35 and 40 hours at a straight-time rate and for work in excess of 40 hours at one and one-half times the regular hourly rate of pay. 

    (b) When the overtime is worked in a position allocated to a salary grade lower than the employees regular position, he/she shall be compensated for work between 35 and 40 hours at a straight-time rate and in excess of 40 hours at one and one-half times the hourly rate of pay of the maximum salary of the lower position plus such longevity increments to which he/she would otherwise be entitled where he/she in such lower grade position, but in no event in excess of straight-time rate of pay in his/her regular position for work between 35 and 40 hours and in excess of one and one-half times the hourly rate of pay of his/her regular position for work in excess of 40 hours. 

    (c) When the overtime is worked in a position which is allocated to a higher salary grade than the grade of the employee’s regular position, he/she shall be compensated for work between 35 and 40 hours at a straight-time rate and in excess of 40 hours at one and one-half times the hourly rate of compensation he/she would be entitled to if he/she were permanently promoted to the higher position. 

    (d) The hourly rate of compensation shall be determined by dividing the basic annual rate of compensation plus any additional compensation payable because of an assignment differential, the location of employment, or because work is performed between 6 p.m. and 8 a.m. by 1,827. The hourly rate of compensation for per diem employees shall be determined by dividing the per diem rate by seven. 
  7. 10.7 Time of Payment of Cash Compensation. When cash payment for scheduled overtime has been approved, employees shall be paid for such overtime compensation in excess of 35 but less than 40 hours per week at the employee’s option, and for more than 40 hours by the close of the second biweekly payroll period following the period during which overtime is earned. 
  8. 10.8 Compensatory Time Off. Eligible employee shall have the option to receive either cash compensation at a straight time rate or compensatory time off on an hour-for-hour basis for overtime worked in excess of 35 hours but not in excess 40 hours in a workweek. Eligible employees shall elect, in writing, on forms to be provided by the State, cash compensation or compensatory time off for such overtime work. New employees shall make an initial election at the commencement of service in an eligible title. Thereafter, employee shall be allowed to modify such election prior to the start of each new calendar quarter. Such modification shall be effective following the first day of the new calendar quarter. An employee who fails to file such election on a timely basis shall be compensated on a cash basis. 
  9. 10.9 Overtime Meal Allowances
    (a) A meal allowance of $6 will be paid to any employee required to work at least three hours beyond his/her normally scheduled workday unless he/she is receiving cash compensation for such overtime work. 

    (b) Court officers and Court Clerks who supervise deliberating juries at dinner shall receive overtime compensation in cash, if eligible for cash payment, or compensatory time, if eligible for compensatory time, and dinner. 

    (c) An employee ineligible to receive cash compensation for overtime worked who is required to work at least seven hours on his/her regularly scheduled day off, shall be entitled to receive one overtime meal allowance. An employee required to work at least ten hours on his/her regularly scheduled day off, shall be entitled to receive a second overtime meal allowance. 
  10. 10.10 Exceptions. The restrictions and limitations contained in this Article may be waived by the Administrative Director whenever he/she determines that strict adherence to the rules would be detrimental to the sound an orderly administration of the Unified Court System. 
  11. 10.11 Conflict with FLSA. In the event that a tribunal of competent jurisdiction determines that any determination made pursuant to this Article is in conflict with the Fair Labor Standards Act, then such determination shall be of no force and effect and the applicable portion of the Fair Labor Standards Act shall govern. The grievance and arbitration procedure of the Agreement shall not apply to alleged conflicts between determinations made pursuant to this Article and the Fair Labor Standards Act.

TRAVEL EXPENSES

  1. 11.1 Per Diem Meal and Lodging Expenses. The State agrees to reimburse, on a per diem basis, as established by the employee travel rules of the Chief Administrative Judge, employees who are eligible for travel expenses, for their actual and necessary expenses incurred while in travel status in the performance of their official duties for hotel lodging, meals (not including lunches) and incidental expenses related thereto (hotel tips, etc.) for a full day at rates stated in the employee travel rules of the Chief Administrative Judge from managerial or confidential employees. 
  2. 11.2 Mileage reimbursement. 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 (“IRS”). 
  3. 11.3 Extended Travel. The State agrees to provide $8 additional travel expense reimbursement for each weekend to any employee who is in overnight travel status provided he/she is an overnight travel status for at least ten consecutive days and at least 300 miles from his/her home and official station. 

DISCIPLINARY PROCEDURE

  1. 12.1 Applicability. An officer or employee described in paragraph (a), (b), or (c) below shall not be removed or otherwise subjected to any disciplinary penalty provided in this Section except for in competency or misconduct shown after hearing upon stated charges pursuant to this Section, unless such officer or employee is granted the option and elects to follow the alternative administrative disciplinary procedures set forth in section 12.8 of this article. 

    (a) An officer or employee holding a position by permanent appointment in the competitive class of the classified service, or,

    (b) An officer or employee holding a position by permanent appointment or employment in the classified service who is an honorably discharged member of the Armed Forces of the United States having served there in as such member in time of war as defined in the Civil Service Law, or who is an exempt volunteer firefighter as defined in the General Municipal Law, except where the officer or employee described in this paragraph holds a position designated by the Chief Administrative Judge as confidential or requiring the performance of functions influencing policy, or,

    (c) An officer or employee holding a position in the non-competitive class other than a position designated by the Chief Administrative Judge as confidential or requiring the performance of functions influencing policy, who since his/her less entry into the service of the Unified Court System has completed at least five years of continuous service in the non-competitive class in a position or positions not so designated as confidential or requiring the performance of functions influencing policy. 
  2. 12.2 Procedure. An officer or employee against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons therefore, shall be furnished a copy of the charges preferred against him or her an shall be allowed at least eight days for answering the same in writing. 

    Service of a copy of the charges shall be made by personal service if possible, and in a sealed envelope. Such service shall be carried out by the Deputy Chief Administrative Judge (Courts Outside New York city) or his/her designee provided the designee is not a member of the same bargaining unit as the employee served. If service cannot be effectuated by personal service, it shall be made by certified mail, return receipt requested. The Association shall be advised by certified mail, return receipt requested, of the name and work location of the officer or employee against whom charges have been preferred. 

    The charges shall be made by the Deputy Chief Administrative Judge (Courts Outside New York City) having administrative jurisdiction over said courts or court-related agency where the employee is assigned. The hearing shall be held by a person designated by such Deputy Chief Administrative Judge (Courts Outside New York City) for that purpose. The Deputy Chief Administrative Judge (Courts Outside New York City) shall, upon consultation with the Association as provided in section 12.9 establish a panel of qualified persons who may be designated to conduct the hearing.

    The person or persons designated to conduct the hearing shall, for the purpose of such hearing, be vested with all the powers of the officer or court appointing him/her and shall make a record of such hearing which shall, with recommendations, be referred to such officer or court for review and decision. The Hearing Officer shall, upon the request of the officer or employee against whom charges are preferred, permit him/her to be represented by counsel, or by a representative of the Association and shall allow him/her to summon witnesses in his/her behalf. The burden of proving in competency or misconduct shall be upon the State. Compliance with technical rules of evidence shall not be required. 

    The officer or employee against whom charges or preferred shall, upon request, be entitled to a copy of the recommendations of the Hearing Officer and shall be allowed three days to comment upon them, in writing, to the Deputy Chief Administrative Judge (Courts Outside New York City) who appointed the hearing officer.
  3. 12.3 Suspension Pending Determination of Charges. Pending the hearing and determination of charges of incompetency or misconduct, the officer or employee against whom such charges have been preferred may be suspended without pay for a period not exceeding 30 days. At the request of the employee and in the sole discretion of the Deputy Chief Administrative Judge (Courts Outside New York City) or his/her designee, such suspension without pay may be charged to an employee’s annual leave accruals. Such decision to permit an employee to charge annual leave accruals shall not be grieveable or otherwise reviewable in any other forum.
  4. 12.4 Determination of Charges. If such officer or employee is found guilty of the charges, the penalty or punishment may consist of a reprimand, a fine not to exceed $200 to be deducted from the salary or wages of such officer or employee, suspension without pay for a period not exceeding three months, demotion in salary and title, or dismissal from the service or a combination of a fine not to exceed $200 and a suspension without pay for a period not exceeding three months; provided, however, that the time during which an officer or employee is suspended without pay pursuant to Section 12.3 may be considered as part of the penalty and the officer or employee shall be entitled to continue health insurance, if the employee pays his/her own share of the premiums and shall be eligible to receive welfare fund benefits and have welfare fund payments made on his/her behalf during a period of suspension not exceeding three months. 

    If he/she is acquitted, he/she shall be restored to his/her position with full pay for the period of suspension less the amount of compensation which he or she may have earned in any other employment or occupation and any unemployment insurance benefits he/she may have received during such period. If such officer or employee is found guilty, a copy of the charges, his/her written answers thereto, a transcript of the hearing, and the determination shall be filed with the Office of Court Administration. A copy of the transcript of the hearing shall, upon request of the officer or employee affected, be furnished to him or her without charge. 
  5. 12.5 Time for Removal or Disciplinary Proceedings. Notwithstanding any other provisions, no removal, disciplinary proceeding or alternative disciplinary procedure shall be commenced more than 18 months after the occurrence of the alleged in competency or misconduct complained of and described in the charges; provided, however, that such limitation shall not apply where the in competency or misconduct complained of and described in the charges would, if provided in a court of appropriate jurisdiction, constitute a crime.
  6. 12.6 Review of Penalty or Punishment. Any officer or employee believing himself/herself aggrieved by a penalty or punishment pursuant to the provisions of this Article, may appeal from such determination by petition to the Chief Administrative Judge or by an application to the courts in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. 

    (a) If such person elects to appeal to the Chief Administrative Judge, he/she shall file a petition in writing within 20 days after receiving notice of the determination to be reviewed. 

    (b) Where an appeal is taken to the Chief Administrative Judge, he/she shall review the record of the disciplinary proceeding and the transcript of the hearing and shall determine the appeal on the basis of the record and transcript and such oral and written argument as he/she may determine to be appropriate. He/she may direct that the appeal shall be heard by a person or persons designated by him/her to hear such appeal on his/her behalf, who shall report thereon with recommendations to him/her. Upon such appeal, he/she shall permit the employee to be represented by counsel or representative of the Association. 

    (c) Determination of Appeal. The determination appealed from may be affirmed, reversed, or modified and the Chief Administrative Judge may, in his/her discretion direct the reinstatement of the appellant or permit the transfer or reassignment of such appellant to a vacancy in a similar position in another court or court agency or direct that his/her name be placed upon a preferred list pursuant to this Section. In the event that a transfer or reassignment is not effected, he/she is empowered to direct the reinstatement of such employee. An officer or employee reinstated pursuant to this subdivision shall receive the salary or compensation he/she would have been entitled by law to have received in his/her position for the period of removal, including any prior period of suspension without pay, less the amount of compensation which he/she may have earned in any other employment or occupation and any unemployment insurance benefits that he/she have received during such period. 

    The decision of the Chief Administrative Judge shall be final and conclusive, and not subject to further review in any court. 
  7. 12.7 Restoration of Position. An employee who is removed from his/her position in violation of the provisions of this Article, and who thereafter is restored to such position by order of the Supreme Court, shall be entitled to receive and shall receive from the state, the salary or compensation which he/she would have been entitled by law to have received in such position but for such unlawful removal, from the date of such unlawful removal due to the date of such restoration, less the amount of compensation which he/she may have earned in other employment such occupation and any unemployment insurance benefits he/she may have received during such period. Such employees shall be entitled to a court order to enforce the payment of such salary or compensation. Such salary or compensation shall be subject to the provisions of Section 474 and section 475 of the Judiciary Law for services rendered, but otherwise shall be paid only directly to such employee for his/her legal representatives.
  8. 12.8 Alternative Disciplinary Procedure. 
    (a) Within 18 months of one act of alleged misconduct or incompetency occurs, the officer or court empowered in Section 12.2 to make the charges shall determine whether such acts required the initiation of formal disciplinary charges pursuant to Section 12.2 of this Article or if the officer or employee shall be given the option of electing to follow the alternative disciplinary procedure to ensure that the decision to use the formal or informal proceedings is uniformly determined. For purposes of section 12.8 only, an eligible officer or employee shall include all officers or employees who are not determined to be personal appointees of a judge by the appropriate appointing authority.

    (b) If the officer or court empowered in Section 12.2 to make the charges determines that the alternative disciplinary procedure will be offered as an option, the employee shall be given an Initiation of Discipline Form. This form shall specify in writing a description of the conduct alleged to constitute misconduct or incompetency. The employee shall make a written election whether or not to accept the alternative disciplinary procedure. An employee who otherwise is eligible for a formal hearing pursuant to Section 12.1 of this Article may opt to pursue a formal hearing or to accept the alternative disciplinary procedure. If such an employee fails to make a written election within ten days of receiving an Initiation of Discipline Form, the employee may be served with written notice of the charges preferred against him/her and the procedures set forth in Section 12.2 shall be followed.

    (c) An officer or employee who elects to follow the alternative disciplinary procedure shall meet with the designee of the officer or court empowered in Section 12.2 to make the charges who shall propose a penalty after reviewing the relevant facts for which form the basis for discipline, the employment history of the employee listed on the Initiation of Discipline Form and any facts or arguments submitted in defense or mitigation. The penalty shall be a written reprimand, restitution, probation for up to six months and/or no more than the forfeiture of up to ten days of annual leave, compensatory time or the loss of ten days pay, if appropriate. The officer or court empowered in Section 12.2 to make the charges shall review such proposed penalty to ensure that penalties are uniformly applied. The employee thereafter shall be informed in writing of the penalty assessed. The initiation of discipline form shall set forth the proposed penalty, the review of the officer or court empowered in Section 12.2 to make the charges and the penalty assessed. Such penalty assessed shall be implemented immediately. The determination of the designee of the officer or court empowered in Section 12.2 to make the charges and the officer or court empowered in Section 12.2 to make the charges shall be final, binding and not reviewable in any forum. 

    (d) A copy of such Initiation of Discipline Form upon completion of the process shall be included in the personnel history folder of the officer or employee, and shall be given to the officer or employee, the supervisor, payroll, the designee of the officer or court empowered in Section 12.2 to make the charges and the officer or court empowered and 12.2 to make the charges. Upon an employee’s written request, the record of the alternative disciplinary procedure shall be removed from an employee's personnel history folder 18 months after the penalty has been implemented, provided such employee has not been subject to formal disciplinary charges or further administrative disciplinary proceedings within such 18 months. 
  9. 12.9 Hearing Officer Panel. The State and the Association shall meet in a Labor/Management Subcommittee to discuss the establishment by the State of a panel to act as Hearing Officers on charges made against officers or employees pursuant to this Article. The Subcommittee shall discuss and make recommendations concerning the composition of, and selection from, a fixed panel of persons who are qualified to act as Hearing Officers and from whom the State selects one or more persons to hear employee appeals of disciplinary charges. Such recommendations shall be submitted to the Deputy Chief Administrative Judge (Courts Outside New York City) on whose behalf such hearing officers are designated to hear such charges. 
  10. 12.10 Investigatory Notification. The Deputy Chief Administrative Judge (Courts Outside New York City) shall provide written notice by letter to an employee who was the subject of an investigation, with a copy to the Association President, within three business days from when he/she has received a final report from the Unified Court Systems Inspector General's Office indicating that the Inspector General has completed its investigation. 

JOB ABANDONMENT

  1. 13.1 Any employee absent from work without authorization for 14 consecutive work days shall be deemed to have resigned from his or her position if the employee has not personally contacted his or her court or court related agency on or before the 15th work day following the commencement of such period of absence without authorization. 
  2. 13.2 Within the first seven work days of said absence without authorization, the court or court-related agency shall send notification to the employee at the employee’s last known address with copy to the Association, by certified mail, return receipt requested, that the employee's absence is considered unauthorized and is deemed to constitute resignation pursuant to this Article. The notification shall contain a referral to the Work/Life Assistance Program established in Article 16 of the Agreement. 
  3. 3.3 Within 15 work days commencing from the 15th consecutive day of absence from work without authorization, an employee may submit an explanation concerning his/her absence to the court or court-related agency. The burden of proof shall be upon the employee to establish that it was not possible for him/her to report to work or notify his/her court or court-related agency of the reason for his/her absence. The court or court-related agency shall issue a short response within five calendar days after receipt of such explanation. 

    If the employee is not satisfied with the response, the Association, upon the employee's request, may appeal the response to the Deputy Director for Labor Relations within five work days after receipt of the court or court-related agency’s response. The Deputy Director for Labor Relations or his/her designee, shall issue a written response within 5 calendar days after receiving such appeal. Determinations made pursuant to this subsection shall be arbitrable. Both the Deputy Director for Labor Relations and the arbitrator. , in rendering their decisions are entitled to consider the employees participation in the work life assistance program.

PERSONNEL AND PAY PRACTICES

  1. 14.1 Evaluations and Personnel Folders.
    (a) An employee shall be given a copy of every statement concerning his/her work performance or conduct prepared during the term of this Agreement, if such statement is to be placed in his/her permanent personnel folder. Prior to being given a copy of such statement, the employee must sign a form which shall indicate only that he/she was given a copy of the statement but that he/she does not necessarily agree with its contents. The employee shall have the right, but not the obligation, to answer any such statement filed and the answer shall be placed in the employee’s personnel folder. Only evaluatory statements prepared by a supervisor with respect to the employee’s work performance for conduct, which are given to the employee in accordance with the procedure outlined above, may be used in any subsequent disciplinary actions against the employee. 

    (b) An employee shall be permitted to view his/her personnel folder once a year upon request, and when an adverse personnel action is initiated against the employee by the State. The view shall be in the presence of a designee of the State and held at such time as the State made prescribe.

    (c) Upon and employees written request, any material in his/her personnel folder of an adverse nature, with the exception of disciplinary actions, personnel transactions and evaluatory statements concerning work performance, shall, if over five years old, be removed from the personnel folder. Upon an employee's written request any material including disciplinary actions, personnel transactions and evaluator statements concerning work performance, may, if over three years old, be removed at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City). 
  2. 14.2 Identification Cards and Shields. All employees shall be issued by the State official photo-identification cards. Official quality numbered Shields shall be issued to those Court Officers and Court Clerks who have not previously been issued numbered Shields. The state shall replace identification cards and Shields damaged, broken, lost or stolen in the performance of duty at no cost to the employee.
  3. 14.3 Working Conditions. To the extent the State has control over a facility, the State shall make reasonable efforts to provide for the safety and personal security of employees and the public during such hours that said locations are open to the public and provide that this Article shall not be subject to arbitration pursuant to article 17 of disagree Agreement. 
  4. 14.4 Switching of Assignments. Subject to the reasonable operating needs of the work unit, with advance notice to and prior approval of the District Administrative Judge or his/her designee, Court Officers, Court Clerks and Court Reporters in the same title may agree for no less than a court term to switch work assignments provided, however, that this provision shall not be subject to Article 17 (Grievance Procedures). Such approval shall not be unreasonably withheld.
  5. 14.5 Training. The State shall provide appropriate training for all Court Officers and, in addition, for any other peace officer designated to receive such training, and shall consult with the Association about the duration, frequency and content of such course of training included but not limited to the use of firearms, C.P.R., and the methodology of non-violent restraint, pursuant to Article 15 of this Agreement.
  6. 14.6 Notification of Examinations. The State will notify the Association in writing of any Civil Service Examinations given for positions in the Unified Court System in the Tenth Judicial District no less than 30 days prior to the final filing date for such examinations and shall notify the Association of any available postings or openings in a particular title and geographic location within the Unified Court System in the Tenth Judicial District no less than 21 days prior to the filling of such position or opening provided that no additional position posting or notice to the Association shall be required for the filling of any positions or opening in the same title and the same geographic location within three months of the final filing date for applications as set forth in the employment announcement for the position.
  7. 14.7 Withholding Paychecks. The State shall not withhold entire paychecks when an employee has no leave balance to cover absences without pay, due to illness, up to a maximum of five days, provided the affected employee has five years of service as a member of the New York City or New York State Employees Retirement System. Appropriate deduction shall be made in subsequent paycheck. Employees with a negative leave balance at the start of the pay period shall not be covered by this Section. 
  8. 14.8 Salary Garnishments. The State shall make reasonable efforts to notify employees of pending salary garnishments. 
  9. 14.9 Orientation Kits. When an orientation kit is supplied to a new employee in a title covered by this Agreement, only the Association which represents such new or promoted employee shall be permitted to have Association literature included in this kit. Such Association literature can be subject to the reasonable approval of the Deputy Director for Labor Relations. 

LABOR/MANAGEMENT COMMITTEE

  1. 15.1 To facilitate communication between the parties and to promote a climate conductive to constructive employee relations, a joint Labor/Management Committee shall be established to discuss the implementation of this Agreement and other matters of mutual interest. The size of the Committee shall be limited to four labor and four management representatives and shall be subject to the limitations set forth in Section 4.7 of this Agreement.
  2. 15.2 The committee will be a standing committee and will meet as necessary but at least twice a year. A written agenda will be submitted a week in advance of regular meetings. Special meetings may be requested by either party. An agenda will be submitted along with the request. Such special meetings will be scheduled as soon as possible after requested. 
  3. 15.3 Approved time spent in such meetings shall not be considered as overtime worked, and shall be charged in accordance with Section 4.7 of this Agreement. 
  4. 15.4 Labor/Management Committee meetings shall be conducted in good faith. The Committee shall have no power to contravene any provision of this Agreement. 
  5. 15.5 A Labor/Management Uniform and Equipment Subcommittee shall be established to discuss the selection of uniforms and equipment and to make non-binding recommendations to the State. The Subcommittee shall meet at the written request of the management or labor representatives. This Subcommittee shall have no more than three labor representatives who shall be selected by the Association among Court Officers or Court Clerks as appropriate for a particular meeting. 
  6. 15.6 The State and the Association shall establish a Labor/Management Subcommittee which shall discuss modifications to the current performance evaluation system including the performance evaluation forms and appeals process. The Subcommittee shall make recommendations for any changes to the performance evaluation system to the Chief Administrative Judge. 
  7. 15.7 The State and the Association shall establish a Labor/Management Subcommittee to discuss the disciplinary procedures including the creation of an expedited time and attendance discipline procedure. 
  8. 15.8 The State and the Association shall establish a Labor/Management Subcommittee to discuss issues pertaining to court facilities and occupational, safety and health concerns (“OSHA”).  

WORK/LIFE ASSISTANCE PROGRAM

The State shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be necessary to fully fund the Work/Life Assistance Program. The Statewide Work/Life Assistance Labor/Management Committee shall continue, composed of representatives from the State and the Unions. The Committee shall meet as necessary or upon request of the State or the Unions.

GRIEVANCE PROCEDURES

  1. 17.1 Definitions.
    (a) A contract grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. 

    (b) A non-contract grievance is a dispute concerning: 
    (1) Unreasonable work assignments or conditions.
     
    (2) Discriminatory supervisory practices except insofar as such practices as alleged would constitute violations of law. With respect to claims alleging such practices as would constitute violations of law, they shall, at the election of the employee, be subject to review in accordance with State and Federal procedures established for such purpose as well as such internal review procedures as may exist but shall not be subject to review under the provisions of this Article. Use of the internal review procedure shall not deny the employee access to State and Federal procedures. 

    (3) A claimed violation, misinterpretation or misapplication of the rules or regulations, written policy or orders of the State. 

    (4) A claimed assignment of employees to duties substantially different from those stated in their specifications. 

    (5) A claimed improper holding of an open competitive rather than a promotional examination.
  2. 17.2 The contract and non-contract grievance procedures, except for claims under Article 18 of the Agreement which shall proceed directly to the Deputy Director for Labor Relations as provided in section 17.2(b)(2) shall be as follows: 

    (a) Step 1. The employee or the Association shall present the grievance in writing to the District Administrative Judge or his/her designee, with a copy to the Administrative Authority in the court or court-related agency to which the employee is assigned, not later than 45 calendar days after the date on which the act or omission given rise to the grievance occurred or when the employee could reasonably have been expected to become aware of, or to have knowledge, that he/she had a grievance. The District Administrative Judge or his/her designee may require the grievant to meet with the grievant’s immediate supervisor in an effort to settle the grievance informally. The District Administrative Judge or his/her designee shall take any other steps necessary to ensure that a proper disposition of the grievance is made an shall reply to the employee or Association within 15 workdays following the date of submission. In the event a grievance is not answered within the prescribed time limit, the grievance will be considered to have been passed to the second step of the grievance procedure. 

    (b)(1) Step 2. Contract Grievances. In the event the employee or the Association wishes to appeal an unsatisfactory contract grievance decision at Step 1, the appeal must be presented in writing within 15 days of the receipt of the Step 1 decision, to the Deputy Director for Labor Relations. A copy of such appeal shall also be sent to the District Administrative Judge or his/her designee who passed upon the grievance at Step 1. Such appeal shall contain a short, clear statement of the grievance and specific references to the section of the Agreement which the employee or the Association claims to have been violated. The Deputy Director for Labor Relations or his/her designated representative shall meet within 20 workdays after receipt of the appeal with the employee or the Association for a review of the grievance and shall issue a written decision by the end of the 25th workday after such review. In the event a grievance is not answered within the prescribed time limit, the Association may demand in writing to the Deputy Director for Labor Relations to move the grievance to the next step of the procedure. 

    (2) Step 2. Non-Contract Grievances. In the event the employee or the Association wishes to appeal an unsatisfactory non-contract grievance decision at Step 1, the appeal must be presented in writing within 15 days of the receipt of the Step 1 decision, to the Deputy Director for Labor Relations. A copy of such appeal shall also be sent to the District Administrative Judge or his/her designee who passed upon the grievance at Step 1. Such appeal shall contain a short, clear statement of the grievance, the basis for the grievance and the relief sought. The Deputy Director for Labor Relations or his/her designee shall meet within 20 work days after receipt of the appeal with the employee or the Association for a review of the grievance and shall issue a written decision by the end of the 25th workday after such review. Such decisions shall not be subject to review by arbitration. 

    (c) Step 3. Contract Grievance.
    (1) An appeal to arbitration from and unsatisfactory contract grievance decision at Step 2 may be made by the Association within 20 days of the receipt of the decision by the Deputy Director for Labor Relations. A request for arbitration may be initiated by the Association serving upon the Deputy Director for Labor Relations a notice in writing of an intent to proceed to arbitration. The notice shall identify the Agreement provision in dispute, the issue or issues to be determined, the department and the employee or employees involved. Upon receipt of a notice requesting arbitration, the parties shall select an arbitrator from a central panel. Such panel shall be agreed upon as soon as practical practicable following execution of this Agreement. The method of selecting the arbitrator for a particular case shall be by mutual agreement between both parties to the Agreement, and failing such agreement, by mutual strike from the central panel.

    (2) The arbitrator shall have no power to add to, subtract from or modify the provisions of this Agreement in arriving at a decision of the issue presented, and shall confined his/her decision solely to the application and interpretation of this Agreement. The decision or award of the arbitrator shall be final and binding, consistent with the provisions of CPLR Article 75. The arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her nor shall he/she submit observations or declarations of opinion which are not essential in reaching the determination. 

    (3) All fees and expenses of the arbitrator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case.
  3. 17.3 The time limits contained in this Article may be extended by mutual agreement. The time for presenting a Step 1 contract grievance shall be extended by the time an employee is absent from the job through illness or disability. 
  4. 17.4 A settlement or any award upon a contract grievance may or may not be retroactive as the equities of each case may demand. A settlement or any award upon a grievance filed under Section 17.1 (b)(4) shall be retroactive no earlier than ten calendar days prior to the date the grievance was filed. 
  5. 17.5 The contract grievance and arbitration procedure provided for herein shall be the exclusive grievance procedure for the resolution of disputes concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. 
  6. 17.6 No employee organization other than the Association may initiate or represent an employee in the processing of contract or non-contract grievances.
  7. 17.7 In the event the Association appeals a Step 2 decision to Step 3 and the parties cannot agree as to whether it constitutes an arbitrable grievance, the issue of arbitrability shall be preliminarily submitted to arbitration prior to the resolution of the dispute on the merits in accordance with the procedures for arbitration set forth in Step 3. 

OUT OF TITLE WORK

  1. 18.1 No employee shall be employed under any title not appropriate to the duties to be performed except upon assignment by proper authority during the continuance of a temporary emergency situation, not to exceed 30 days. No employee shall be assigned to perform the duties any position unless he/she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the rules of the Chief Administrative Judge. 
  2. 18.2 Grievances hereunder shall be processed on forms to be provided by the State and filed directly with the Deputy Director for Labor Relations an shall not be arbitrable. The grievance must be presented in writing not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred or when the employee could reasonably have been expected to become aware of, or have knowledge, that he/she had a grievance, and shall specify whether or not the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which the employee is certified.
  3. 18.3 In determinations regarding out-of-title work under this Article, an employee shall be determined to be working out of title unless: 

    (a) The duties alleged to be out-of-title work are normally performed by employees in the grievant’s title and are not described in the class specifications for another title; or, 

    (b) The duties are reasonably related to the duties described in the class specifications for the grievant’s title; or, 

    (c) The duties or new duties which are a reasonable outgrowth of duties usually performed by employees in the grievant’s title; or, 

    (d) The duties are assigned during a temporary emergency which shall include: an unscheduled situation or circumstance which is expected to be of limited duration and either (i) presents a clear and imminent danger to a person or property or (ii) is likely to interfere with the conduct of the State's statutory mandates or programs; and cataclysmic events such as strikes or blackouts ; and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by proper authority that such assignment of out of title duties is under a temporary agency. 
  4. 18.4(a) If it is the opinion of the Deputy Director for Labor Relations that the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which the employee is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith up such assigned duties. 

    (1) If such substantially different duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employee, no monetary award may be issued. 

    (2) If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such duties and what he/she would have earned at that time in the entry level of the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than ten calendar days prior to the date the grievance was filed, in accordance with this Article. 

    (b) Notwithstanding the provisions of subsection (a), if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Deputy Director for Labor Relations shall deny the grievance and no payment shall be made. 

NO DISCRIMINATION

  1. 19.1 The Association agrees to continue to admit all employees to membership and to represent all employees without regard to race, color, national origin, religion, creed, sex (including sexual harassment), sexual orientation, gender identity, gender expression, age, marital status, disability, or Veteran status. 
  2. 19.2(a) The State agrees to continue its established policy against all forms of illegal discrimination with regard to race, color, national origin, religion, creed, sex (including sexual harassment), sexual orientation, gender identity, gender expression, age, marital status, disability, Veteran status, or the proper exercise by an employee of the rights guaranteed by the Public Employees’ Fair Employment Act. 

    (b) An Employee who believes that an act of discrimination based on race, color, national origin, religion, creed, sex (including sexual harassment), sexual orientation, gender identity, gender expression, age, marital status, physical/mental/medical disability or Veteran status has taken place relating to interviewing, hiring, dismissal, discipline, job assignment, training opportunities, policies of the Unified Court System, shift assignment, promotion, transfer, working conditions, harassment or other terms and conditions of employment shall be allowed to access to the Unified Court Systems Internal Discrimination Claim Procedure.
  3. 19.3 The State and the Association agreed that nothing in this Agreement prevents the State from making reasonable accommodations for a disabled employee when such is required pursuant to the Americans with Disability Act. 

BENEFITS GUARANTEED

  1. 20.1 With respect to matters not covered by this Agreement, the State will not seek to diminish or impair during the term of this Agreement, any benefit or privilege provided by law, rule or regulation for employees without adequate prior notice to the Association and, when appropriate, without negotiations with the Association provided, however, that this Agreement shall be construed consistently with the free exercise of rights reserved to the State by the Management Rights Article of this Agreement. 
  2. 20.2 To the extent that any rule or practice relating to a term or condition of employment is inconsistent with the terms of this Agreement such rule or practice shall be suspended during the term of this Agreement. 

PRE-TAX TRANSPORTATION PROGRAM

  1. The State agrees to extend a pre-tax transportation program benefit to employees to the same extent end in the same form that applies to the majority of represented Executive Branch employees.

WELFARE FUND

The State contribution to the Association’s Welfare Fund in effect on April 1, 2018, shall remain in effect except as modified below. 

22.1(a) Effective April 1, 2019, the State shall contribute a pro rata annual sum of $1,420 per active employee for remittance to the Association's Welfare Fund. A pro rata contribution of $710 to such Fund shall be made by the State for part-time and per diem employees provided they are working on a regular basis at least half the regular hours of full-time employees in the same title. 

(b) Effective April 1, 2020, the State shall contribute pro rata annual sum of $1,440 per active employee for remittance to the Association's Welfare Fund. A pro rata contribution of $720 to such Fund shall be made by the State for part-time in per diem employees provided that they are working on a regular basis at least half the regular hours of full-time employees in the same title. 

(c) The State shall contribute a pro rata sum of $930 per employee retired since April 1, 1977 for remittance to the Association's Welfare Fund in each fiscal year of the Agreement. 

(d) For purposes of Article 22, the pro rata per employee contribution for part-time employees who work more than 50% but less than 100% will be at the full-time rate. 

22.2 The State and the Association shall enter into a separate Supplemental Welfare Fund Agreement which shall specify the obligations of both parties regarding implementation, activities and reporting requirements of the Fund; method and calculation of payments to the Fund; the right an authority of the State Comptroller or the Unified Court System to audit and/or review the financial records of the Fund; and the indemnification of the State for liability regarding Fund activities. 

UNIFORM AMD EQUIPMENT ALLOWANCE

The uniform and equipment allowance in effect on April 1, 2018 shall remain in effect except as modified below. 

23.1 Effective April 1, 2019, all employees with peace officer status required to wear a uniform shall receive a uniform and equipment allowance of $1,440, if eligible under Section 23.5. The payment of the uniform and equipment allowance shall be in a separate check and payable in equal parts in June and December of each year. 

23.2 Effective April 1, 2019 the uniform and equipment allowance for each employee in the title of Driver Messenger or Court Aide who is required by the State to wear a uniform is $1,164, if eligible under Section 23.5. The payment of the uniform and equipment allowance shall be in a separate check and payable in equal parts in June and December of each year. 

23.3 Effective April 1, 2020, all employees with peace officer status required to wear a uniform shall receive a uniform and equipment allowance of $1,460, if eligible under Section 23.5. The payment of the uniform and equipment allowance shall be in a separate check and payable in equal parts in June and December of each year. 

23.4 Effective April 1, 2020 the uniform and equipment allowance for each employee in the title of Driver Messenger or Court Aide who is required by the State to wear a uniform is $1,180, is eligible under Section 23.5. The payment of the uniform and equipment allowance shall be in a separate check and payable in equal parts in June and December of each year. 

23.5(a) To be eligible for the uniform and equipment allowance payable in June pursuant to Sections 23.1, 23.2, 23.3 and 23.4 above, an employee must have been on payroll on May 31. An employee on a leave of absence without pay on May 31 who returns to duty prior to the payment of the December allowance, shall receive the June allowance upon return to duty. 

(b) To be eligible for the uniform and equipment allowance payable in December pursuant to sections 23.1, 23.2, 23.3 and 23.4 above, an employee must have been on the payroll on November 30. An employee on a leave of absence without pay on November 30 who returns to duty prior to the payment of the June allowance, shall receive the December allowance upon return to duty. 

23.6 Notwithstanding the above, an employee who, as a result of disciplinary action, was on a leave without pay which exceeds five workdays at any time during the six-month period preceding payment of the uniform and equipment allowance shall not be entitled to receive such allowance. 

23.7 There shall be no pro-ration of the uniform an equipment allowance. 

23.8(a) Annual Uniform Inspection. The UCS shall conduct a periodically, but at least annually, a uniform and equipment inspection. An eligible employee who, during such inspection, fails to meet minimum standards as established by the State shall not be eligible to receive the uniform and equipment allowance until all noted deficiencies are corrected.

(b) Body Armor. The court system will provide body armor to all uniformed personnel during the term of the Agreement, in accordance with the provisions of Directive Number 1-2013, Protective vests, the NYS Court Officers Rules and Procedures manual. 

23.9(a) Pre-Tour Prep. The UCS will have the continuing ability to require compliance with uniform requirements, which may include the right to conduct inspections on a periodic basis in accordance with the terms of the collective bargaining Agreement. Any employee who failed to meet the minimum uniform inspection standards as referenced in section 23.8(a) above shall not be eligible for pre-tour prep time. To compensate for the time court officers must take to change into uniform, to secure their weapon and equipment each day before reporting to duty, and the time taken at the end of each tour of duty to change out of the uniform and to secure the firearm and equipment, the UCS shall provide court officers with up to five days of “pre-tour prep” time annually (prorated for employees working less than full time). This time shall be at straight time rate, to be taken at the discretion of the UCS when the operation of the courts permits. The UCS should not unreasonably withhold permission for a court officer to take this time off. 

(b) Pre-tour prep time shall be credited on a quarterly basis to all court officers on the payroll as of the previous March 31; June 30; September 30; And December 31, at the rate of 8¾ hours of pre-tour prep time on April 1, July 1, October 1, and January 1, respectively. The time intended to compensate for time spent changing into uniform and obtaining necessary weapons and equipment. It cannot be used to offset unscheduled tardiness or unscheduled absences. Eligibility for such time shall be based on the employee’s title and payroll status as of the beginning of each calendar quarter (the preceding March 31; June 30; September 30; End, December 31). 

An employee on leave without pay or a Line of Duty Leave or a Grand Jury Leave at the beginning of a calendar quarter shall be credited with pre-tour prep time for any days worked in each calendar quarter (8 minutes per day ) but shall not be credited with pre-tour prep time for a quarter if the employee is on such leave for the entire quarter. 

No accumulation of pre-tour prep time in excess of ten days may be carried over from one fiscal year to the next. Any such accumulation in excess of ten days at the end of a fiscal year shall be converted to sick leave.

CLASSIFICATION APPEALS

24.1 Review of Position Classification and Position Allocation. 

(a) Any employee or the Association may apply to the Chief Administrative Judge for a review and change of the classification or allocation of the position occupied by such employee or included within negotiating units represented by the Association. The Chief Administrative Judge shall determine any such application and shall have the power to designate a person or persons to review the application and, if necessary, to conduct a hearing with relation to it and to report to the Chief Administrative Judge thereon. 

(b) The effective date of a position classification or position allocation reviewed under this Section shall be such date as is determined by the Chief Administrative Judge. No change in position classification shall impair or diminish any existing right to salary or tenure. 

(c) Provided, however, that appeals of classifications, re classifications, allocations and reallocations pursuant to Section 39 of the Judiciary Law shall not be subject to this Article. 

PROTECTION OF EMPLOYEES

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

25.2 No permanent employee will suffer reduction in existing salary as a result of reclassification or reallocation of the position he/she holds by permanent appointment.

DAY CARE DEVELOPMENT COMMITTEE

The Day Care Development Committee shall continue, composed of representatives from the State and the Association. The Committee shall develop guidelines and procedures for the implementation of this Article. 

FLEXIBLE BENEFIT SPENDING PROGRAM

27.1 The Flexible Benefit Spending Program established to provide employees with an opportunity to increase their spendable income by paying for all or part of health insurance premiums, selected benefits such as child care, elder care and dependent care with pre-tax dollars shall continue. 

27.2(a) During the 2019 open enrollment period, the State shall institute a pilot program to provide an employer contribution to each Dependent Care Advantage Account enrollee for the 2020 calendar year in the same manner and subject to the same contribution formula as provided to Executive Branch employees represented by the Civil Service Employees Association, Inc. 

(b) The State will notify the Union by September 1, 2020 whether it will continue the pilot program during any interim period between the expiration date of this Agreement and the execution of a successful Agreement. 

COURT REPORTER PROCEDURES

28.1 A court reporter who fails to meet established transcript production standards and is in a delinquent status, without good cause, after 15 workdays written notice to the employee and the Association shall be placed on a leave of absence until such employee’s transcript production is in compliance which such standards. During such leave of absence an employee shall be allowed to draw accumulated an unused annual leave and compensatory time standing to his/her credit . An employee placed on such leave of absence, with or without pay, shall be entitled to continue health insurance benefits if the employee continues to pay his or her own share of the premium costs Ann shall be entitled to receive Welfare Fund benefits, if eligible. Imposition of such leave of absence shall not be considered as employee discipline, provided, however, that nothing herein shall prohibit the State from bringing disciplinary charges pursuant to Article 12 against an employee in a delinquent status who fails to meet State-established transcript production standards after 15 workdays on a leave of absence pursuant to this Section. 

28.2 As court reporter transcript production standards have not been negotiated but were propagated on unilaterally by the State pursuant to their claim that they are a non-mandatory subject of negotiations, the State, upon demand from the Association, shall negotiate the impact up such standards in a court reporter committee which shall consider issues which include but are not limited to appropriate facilities, lighting and equipment. 

28.3(a) In the event that a court reporter's equipment is damaged at the workplace and such damage is not a result of the court reporter’s negligence, the State will pay the difference between the amount covered by the court reporter’s insurance plan and the repair or replacement cost; provided, however, that any payment made by the state shall not exceed two thousand ($2,000) dollars and shall be subject to receipt of satisfactory documentation. 

(b) A court Reporter who receives payment under (a) shall not be entitled to receive reimbursement for property damage as provided for under Article 30. 

(c) A court reporter who does not have an insurance plan may continue to seek reimbursement under Article 30. 

DRUG TESTING

29.1(a)(1) Drug Testing. (i) The Deputy Chief Administrative Judge (Courts Outside New York City) may, with reasonable cause, require an employee with peace officer status to submit to blood test and/or urine analysis to determine whether such employee has used illegal drugs or abused control substances. Such determination that reasonable cause exists to test an employee shall be made in the Deputy Chief Administrative Judges (Courts Outside New York City) sole discretion and shall not be grieveable or otherwise reviewable. (ii) References to positive testing throughout this article refers to test results which proved that an employee has used illegal drugs or abuse control substances. 

(2) Voluntary Drug Testing. An employee who has a substance abuse problem may submit voluntarily to drug testing prior to testing directed by the Deputy Chief Administrative Judge (Courts Outside New York City). Upon positive testing, he/she shall submit to the program outlined in subsection (b)(1) provided he/she is not subject to disciplinary charges for reasons other than positive testing. 

(b) Positive testing is prima facie evidence of misconduct and may be cause for disciplinary action. Prior to the institution of disciplinary proceedings, a preliminary meeting shall be held with a representative of the Deputy Chief Administrative Judge (Courts Outside New York City), the employee and his/her representative to determine whether the employee chooses to participate in a voluntary program of rehabilitation and the terms of such program if the employee chooses not to participate, he/she shall be subject to formal disciplinary proceedings. 

(1) Voluntary Rehabilitation. An employee who agrees to voluntarily participate in a rehabilitation or detoxification program at his/her expense shall be allowed to charge sick leave or annual leave credits while such employee participates in a rehabilitation or detoxification program. If no leave credits are available, such employee will be placed on a leave of absence without pay for the period of the rehabilitation or detoxification program. Upon certification of successful completion of such program and a retest that demonstrates that an employee is not using illegal drugs or abusing controlled substances, the employee shall be returned to his/her position. Such employee may be subject to periodic retesting upon his or her return to his/her position. If such employee test positively upon completion of such voluntary rehabilitation program or on any subsequent occasion, he/she shall be terminated without further hearing or from formal charges.  

(2) Formal Disciplinary Hearing. An employee who chooses not to voluntarily participate in a rehabilitation or toxification program will be subject to formal disciplinary charges. A hearing shall be held pursuant to Article 12, Disciplinary Procedure, of this Agreement to determine the appropriate penalty. Such penalty shall not be limited to those enumerated in the Procedure and may include but not be limited to the following: 

  • medical certification of voluntary participation in a rehabilitation or detoxification program at the employee’s expense and successful completion of such program; 
  • mandatory leave of absence of up to one year with the ability to charge earned and accrued sick leave, compensatory time and annual leave credits, if any; 
  • assignment to light duty; 
  • removal of weapon on an off duty; 
  • periodic retesting, including retesting before a return to duty; 
  • suspension; and
  • termination. 

(3) An employee may submit proof satisfactory to the Deputy Chief Administrative Judge (Courts Outside New York City) that he/she is taking a controlled substance for treatment of a medical condition in defense of any proposed disciplinary charges or in mitigation of penalty in a case of positive testing. Voluntary submission to testing and admittance to a rehabilitation or treatment program shall be considered in mitigation of such penalty by the hearing officer. 

(c) Other Disciplinary Charges. Notwithstanding any other provision of this Article, an employee may not elect to participate in the voluntary rehabilitation program set forth in subsection (b)(1) where such employee may be subject to disciplinary charges which do not result from positive testing. Employees who are subject to disciplinary charges as a result of conduct other than positive testing pursuant to this Article may not use positive testing for drugs as a defense in such disciplinary proceeding. 

REIMBURSEMENT FOR PROPERTY DAMAGE

The State 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 and 12-c of Section 8 of the State Finance Law and to provide for payments of up to $350. Allowances shall be based upon the reasonable value of the property involved and payment shall be made against a reasonable release. A Labor/management Subcommittee shall be established to resolve disputes regarding reimbursement under this Article.

DRESS CODE

31.1 Employees whose duties are performed in workplaces which are accessible or visible to the general public shall wear appropriate business attire. For purposes of this Section, the term “appropriate business attire” shall be defined as follows:

(a) a business suit, blouse or dress shirt and tie; trousers/slacks (denim material not acceptable), with coordinated blouse or dress shirt and tie: a skirt with coordinated blouse/sweater/dress shirt: or a dress; and, at the employee’s option, a jacket/sports coat; and

(b) business shoes

The application of this provision shall be subject to the grievance procedure.

31.2 All employees in the unit holding titles in the court clerical series at the level of Senior Court Clerk, JG-21, and above shall wear appropriate business attire which shall include a uniform blazer with patch as approved by the Chief Administrative Judge. For purposes of this Section, the term “appropriate business attire” shall be defined as follows:

(a) State-approved blazer with patch; and dress pants (denim material not acceptable), with coordinated blouse/sweater/dress shirt; a skirt with coordinated blouse/sweater/ dress shirt; or a dress; and

(b) business shoes

31.3(a) Effective April 1, 2019, each employee who is required to wear the State-approved blazer and eligible under Section 31.4 below, shall receive an annual maintenance allowance of $1,000 which payment shall not be added to basic annual salary but which shall be pensionable. The maintenance allowance shall be paid in equal parts in June and December of each year in a separate check.

(b) Effective April 1, 2020, each employee who is required to wear the State-approved blazer and eligible under Section 31.4 below, shall receive an annual maintenance allowance of $1,200, which payment shall not be added to basic annual salary but which shall be pensionable. The maintenance allowance shall be paid in equal parts in June and December of ach year in a separate check.

31.4(a) To be eligible for the maintenance allowance payable in June, an employee must have been on the payroll on May 31. An employee on a leave of absence without pay on May 31 who returns to duty prior to the payment of the December allowance, shall receive the June allowance upon return to duty.

(b) To be eligible for the maintenance allowance payable in December, and employee must have been on the payroll on November 30. An employee on a leave of absence without pay on November 30 who returns to duty prior to the payment of the June allowance, shall receive the December allowance upon return to duty.

(c) Notwithstanding the above, an employee who as a result of disciplinary action was on a leave without pay which exceeds five workdays at any time during the six-month period preceding payment of the maintenance allowance shall not be entitled to receive such allowance.

31.5 There shall be no proration of the maintenance allowance.

31.6 Dress Code Inspection. The State shall conduct periodically, but at least bi-annually, a dress code inspection. An eligible employee who, during such inspection, fails to meet the minimum standards as established by the State, shall not be eligible to receive the maintenance allowance until all noted deficiencies are corrected.

PRINTING OF AGREEMENT

The Association shall be responsible for the printing of this Agreement at its expense and provide copies to its members. The State shall reimburse the Association for reasonable printing expenses up to $3,000.

The Agreement will be available on the UCS Intranet website upon ratification and final approval by the UCS and the Association.

SALARY COMPUTATION

Biweekly salaries will be computed on the basis of ten workdays.

SEVERABILITY

In the event that any portion of this Agreement is found to be invalid by a tribunal of competent jurisdiction or superseded by federal statute (i.e., Fair Labor Standards Act) then such provision shall be of no force and effect, but the remainder of this Agreement shall continue in full force and effect. Upon the issuance of such decision, then either party shall have the right to immediately reopen negotiations with respect to a substitute for such provision which has been held to be invalid.

CONCLUSION OF COLLECTIVE NEGOTIATIONS

This Agreement is the entire Agreement between the State and the Association, terminates all prior agreements and understandings and concludes all collective negotiations during its term. During the term of this Agreement, neither party will unilaterally seek to modify its terms through legislation or any other means. The parties agreed to support jointly any legislation or administrative action necessary to implement the provisions of this Agreement. The parties acknowledge that, except as otherwise expressly provided herein, they waive any rights to further negotiations during the term of this Agreement inasmuch as they have fully negotiated with respect to the terms and conditions of employment and have settled them for the term of this Agreement in accordance with the provisions thereof. However, that nothing in this Agreement shall impair or diminish the rights of any non-judicial officer or employee or any employee organization pursuant to the Judiciary Law, the Civil Service Law or any other provision of law. 

APPROVAL OF LEGISLATURE

IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMETATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDD THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.

DURATION OF AGREEMENT

The term of this Agreement shall be from April 1, 2019 through March 31, 2021.

CONFLICT WITH AGREEMENT

Where the Rules of the Chief Judge and Chief Administrative Judge and the Agreement conflict, the provisions of this Agreement shall prevail.