MEMORANDUM OF AGREEMENT The State of New York-Unified Court System and ...

MEMORANDUM OF AGREEMENT

The State of New York?Unified Court System and the New York State Court Clerks

Association, hereby agree to enter into a collective bargaining Agreement for the period

April 1, 2011 through March 31, 2021, which Agreement shall continue the provisions of

the collective bargaining Agreement between the parties for the period April 1, 2007

through March 31, 2011, except as modified as a result of negotiations as set forth herein,

and attached hereto. It is understood that this Memorandum of Agreement is subject to

membership ratification and approval by the New York State Legislature.

1.

Article 4: Employee Organization Rights, as set forth in Appendix A.

2.

Article 7: Compensation, as set forth in Appendix B.

3.

Article 8: Health Insurance, as set forth in Appendix C.

4.

Article 9: Time and Leave, as set forth in Appendix D.

5.

Section 9.5: Other Leaves with Pay, as set forth in Appendix E.

6.

Section 9.7(a): Payment of Accruals Upon Separation from Unified Court

System, as set forth in Appendix F.

7.

Section 9.14: Early Release, as set forth in Appendix G.

8.

Article 13: Personnel and Pay Practices, as set forth in Appendix H.

9.

Article 14: Labor/Management Committee, as set forth in Appendix I.

10.

Article 17: Protection of Employees, as set forth in Appendix J.

11.

Article 19: Welfare Fund, as set forth in Appendix K.

12.

Section 20.2: Layoffs, as set forth in Appendix L.

13.

Article 23: Disciplinary Procedures, as set forth in Appendix M.

14.

Article 24: No Discrimination, as set forth in Appendix N.

15.

Article 26: Flexible Spending Benefit Program, as set forth in Appendix O.

16.

Article 27: Dress Code and Maintenance Allowance, as set forth in Appendix

P.

Side letter: Grandfathered Benefits ? AL Waiver, as set forth in Appendix Q.

.

17.

18.

Side letter: Terminal Leave, as set forth in Appendix R.

19.

Side letter: Performance Evaluation System, as set forth in Appendix S.

20.

Side letter: Employee Organizational Leave, as set forth in Appendix T.

21.

Side letter: Dress Code Waiver, as set forth in Appendix U.

22.

Side letter: Vacation Picks and Printing of Agreement, as set forth in

Appendix V.

23.

Side letter: Court Recess and Positions, as set forth in Appendix W.

24.

Side letter: Overtime Eligibility, as set forth in Appendix X.

25.

Side letter: Firearms, as set forth in Appendix Y.

26.

Side letter: Training Initiatives, as set forth in Appendix Z.

27.

Side letter: Grandparented Benefit ? Payment of Accruals Upon Separation

from Service, as set forth in Appendix AA.

28.

Side letter: Sick Leave Credits and Health Insurance, as set forth in Appendix

BB.

29.

Forms: Investigatory Notification letters and Declination of Direct Deposit

Acknowledgment Form, as set forth in Appendix CC.

MODIFY Article 4, Employee Organization Rights, as follows:

MODIFY Section 4.4, Access to Employees, as follows:

4.4 Access to Employees.

(a) The Union shall, on an exclusive basis, have access during working hours to

employees it represents for consultations regarding membership services and programs,

and for pension counseling services, under mutually developed arrangements with the

Deputy Chief Administrative Judge (New York City Courts) 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.

(b) As soon as practicable after the execution of the Agreement, the Union¡¯s

officials shall be granted authorization to use the court system¡¯s e-mail system to

communicate with its members regarding bona fide union business. The use of

court system e-mail is not intended to replace the Union¡¯s bulletin boards for the

purpose of posting bulletins, notices and general information. Group e-mails of any

kind, including general communication to all members, are prohibited.

(c) As soon as practicable after the execution of the Agreement, the court

system will take reasonable steps to provide the Union¡¯s officials with access to the

court system¡¯s Intranet.

(d) Use of the e-mail system and/or the Intranet are subject to the court

system¡¯s E-Mail Policy and Intranet Policy.

Memorandum of Agreement

Appendix A

MODIFY Section 4.5, Employee Lists, as follows:

4.5 Employee Lists. The State shall furnish to the Union, without charge, upon

written request, but not more than quarterly, information showing the name, appointment

status, jurisdictional class, original appointment date, title entry date, home address,

negotiating unit designation, social security number, payroll agency, title, salary and, if and

when available, work location, of all employees covered by this Agreement.

MODIFY Section 4.7, Employee Organization Leave, as follows:

MODIFY Section 4.7(a), as follows:

(a) The Union shall designate as least quarterly, in writing, those employees who

are authorized to take employee organization leave (¡°EOL¡±). The Deputy Director for

Labor Relations shall establish uniform procedures regarding the maintenance and

submission of monthly reports of employee organization leave EOL.

[REPLACE ¡°Employee Organization Leave¡± with ¡°EOL¡± throughout the Agreement

thereafter]

MODIFY Section 4.7(b)(13), as follows:

(13) Subject to the reasonable operation needs of the court or court?related agency,

the Union shall be granted up to one hour two hours to meet with new employees, in the

first six months of service, during working hours, to explain Union services, programs and

benefits.

ADD NEW Section 4.7(e) as follows:

(e) The Union may allow grievants and witnesses to charge EOL, in lieu of charging

personal accruals, to attend grievance preparation meetings and Step 2 grievance

meetings. Grievants and witnesses shall be allowed leave with pay to attend arbitration

hearings during work hours.

Memorandum of Agreement

Appendix A

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