Employee Organization Leave. (a) The State shall grant a total of 400 days of Employee Organization Leave during each year of this Agreement for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave for the committees, boards, and Regional Coordinators provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Office of Employee Relations and the President of PEF. (b) The State shall grant Employee Organization Leave for one PEF delegate meeting in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures and limitations as specified in subsection (a) above. (1) Unused Employee Organization Leave available pursuant to Article 4.7(b) shall be added to Employee Organization Leave available pursuant to Article 4.7(a) and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b). (c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions: (1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Office of Employee Relations a listing of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion. (2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official workstations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion. (3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status. (4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations. (5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting. (6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Office Employee Relations. (d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State. (e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits. (f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF. (1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above. (2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Organization Leave. (a) The State shall grant a total of 400 days of Employee Organization Leave during each year of this Agreement for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave employee organizational leave for the committees, boards, committees and Regional Coordinators boards provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Governor’s Office of Employee Relations and the President of PEF.
(b) The State shall grant Employee Organization Leave for one PEF delegate meeting in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures and limitations as specified in subsection (a) above.
(1) Unused Employee Organization Organizational Leave available pursuant to Article 4.7(b) shall be added to Employee Organization Organizational Leave available pursuant to Article 4.7(a) and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b).
(c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Office of Employee Relations a listing of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official workstations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Office Employee Relations.
(d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)4.7
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Organization Leave. (a) The State shall grant a total of 400 days of Employee Organization Leave during each year of this Agreement for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave employee organizational leave for the committees, boards, committees and Regional Coordinators boards provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Governor’s Office of Employee Relations and the President of PEF.
(b) The State shall grant Employee Organization Leave for one PEF delegate meeting in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures and limitations as specified in subsection (a) above.
(1) Unused Employee Organization Leave available pursuant to Article 4.7(b) shall be added to Employee Organization Leave available pursuant to Article 4.7(a) and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b).
(c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Governor’s Office of Employee Relations a listing of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Governor’s Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official workstations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Governor’s Office Employee Relations.
(d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Governor’s Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX PEF agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Organization Leave. (a) The State Union shall grant be provided collectively with a total of 400 not more than 712 days of Employee Organization Leave non-cumulative employee organization leave during each year of this Agreement to attend meetings for internal administrative functions and policy committees.
(b) The allocation of employee organization leave provided in paragraph 5.3(a) to individual employees shall be the sole prerogative of the Union and shall be allocated in units of not less than one day per instance per employee. Request for use of this leave shall solely be made by NYSCOPBA. As used in this Article, the phrase "one day" shall be defined as "one duty tour."
(c) There will be no change in the present method of approving applications for attendance at meetings of the Executive Assembly.
(d) Under special circumstances and upon advance request, additional employee organization leave for additional meetings may be granted by the Director of the Governor's Office of Employee Relations.
(e) For the purpose of entering into collective negotiations for a successor agreement to this Agreement, the Employer agrees to grant employee organization leave to a reasonable number of employees for attendance at PEF Executive Board meetings the Union Negotiating Committee with the understanding that there shall be no more than one Union committee member from any one facility or PEF Committee meetingsregion eligible to receive such leave for this purpose, except that this restriction shall not apply to Chairs of Standing Committees. Within 30 days of the execution of this Agreement, PEF The Union shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed all such committee members prior to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave for the committees, boards, and Regional Coordinators provided as required above. PEF shall notify the State in writing commencement of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use such negotiations.
(f) Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such organization leave shall be granted release time without charge to individual employees designated in advance leave credits accrued by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and . Such release time shall be granted subject to the extent provision that the resulting absences of any individual employee absence from work will not unreasonably interfere with an agency’s operationsthe proper conduct of governmental functions. Procedures for Employee organization leave provided pursuant to paragraph 5.3(a) of this Article is not required to be granted unless the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by Union provides the Director of the Governor's Office of Employee Relations or his designee with 14 days advance notice of the purpose and date for which such leave is requested and the President names and work stations of PEFthe employees for whom such leave is requested.
(bg) The State Director of the Governor's Office of Employee Relations or his designee shall grant Employee Organization Leave for one PEF delegate meeting send the Union a statement at the end of each quarter showing the total employee organization leave used to date in each Agreement year of this Agreementpursuant to paragraph 5.3(a) above. Such Employee Organization Leave This statement shall be limited to three (3) presumed correct unless the Union within 30 days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to receipt of the same procedures and limitations as specified in subsection (a) abovestatement advises the Director of the Governor's Office of Employee Relations or his designee of any claimed errors.
(1h) Unused Employee Organization Leave available organization leave provided pursuant to this Article 4.7(b) shall be added in addition to Employee Organization Leave available pursuant to Article 4.7(a) that provided elsewhere in this Agreement for Union representation in processing of grievances and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b)labor/management meetings.
(ci) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, The Union shall supply (and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (akeep current) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Governor's Office of Employee Relations a listing 30 days after the execution of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 Agreement and quarterly thereafter, thereafter a list of PEF statewide Union officers, regional coordinators, executive board members, stewardsgrievance representatives, council leaders, members of policy committees and other local officers employees eligible for Employee Organization Leave, leave under this Agreement together with the official workstationswork stations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with All such leave shall also be grantedused only for appropriate purposes, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committeesconsistent with past practice, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved as specifically requested by the Director of the Office Employee Relations.
(d) Under special circumstances, Union and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(ej) Failure Travel time as used in this Article shall mean actual and necessary travel time not to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to creditsexceed eight (8) hours each way.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Organization Leave. (a) The State shall grant a total of 400 days of Employee Organization Leave during each year of this Agreement for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave employee organizational leave for the committees, and boards, and Regional Coordinators regional coordinators provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Governor’s Office of Employee Relations and the President of PEF.
(b) The State shall grant Employee Organization Leave for one PEF delegate meeting in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures and limitations as specified in subsection (a) above.
(1) Unused Employee Organization Leave available pursuant to Article 4.7(b) shall be added to Employee Organization Leave available pursuant to Article 4.7(a) and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b).
(c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Office of Employee Relations a listing of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official workstations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Office Employee Relations.
(d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 1 contract
Samples: Professional, Scientific and Technical Services Unit Agreement
Employee Organization Leave. (a) The State Union shall grant be provided collectively with a total of 400 not more than 712 days of Employee Organization Leave non-cumulative employee organization leave during each year of this Agreement to attend meetings for internal administrative functions and policy committees.
(b) The allocation of employee organization leave provided in paragraph 5.3(a) to individual employees shall be the sole prerogative of the Union and shall be allocated in units of not less than one day per instance per employee. Request for use of this leave shall solely be made by NYSCOPBA. As used in this Article, the phrase "one day" shall be defined as "one duty tour."
(c) There will be no change in the present method of approving applications for attendance at meetings of the Executive Assembly.
(d) Under special circumstances and upon advance request, additional employee organization leave for additional meetings may be granted by the Director of the Governor's Office of Employee Relations.
(e) For the purpose of entering into collective negotiations for a successor agreement to this Agreement, the Employer agrees to grant employee organization leave to a reasonable number of employees for attendance at PEF Executive Board meetings the Union Negotiating Committee with the understanding that there shall be no more than one Union committee member from any one facility or PEF Committee meetingsregion eligible to receive such leave for this purpose, except that this restriction shall not apply to Chairs of Standing Committees. Within 30 days of the execution of this Agreement, PEF The Union shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed all such committee members prior to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave for the committees, boards, and Regional Coordinators provided as required above. PEF shall notify the State in writing commencement of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use such negotiations.
(f) Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such organization leave shall be granted release time without charge to individual employees designated in advance leave credits accrued by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and . Such release time shall be granted subject to the extent provision that the resulting absences of any individual employee absence from work will not unreasonably interfere with an agency’s operationsthe proper conduct of governmental functions. Procedures for Employee organization leave provided pursuant to paragraph 5.3(a) of this Article is not required to be granted unless the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by Union provides the Director of the Governor's Office of Employee Relations or his designee with 14 days advance notice of the purpose and date for which such leave is requested and the President names and work stations of PEFthe employees for whom such leave is requested.
(bg) The State Director of the Governor's Office of Employee Relations or his designee shall grant Employee Organization Leave for one PEF delegate meeting send the Union a statement at the end of each quarter showing the total employee organization leave used to date in each Agreement year of this Agreementpursuant to paragraph 5.3(a) above. Such Employee Organization Leave This statement shall be limited to three (3) presumed correct unless the Union within 30 days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to receipt of the same procedures and limitations as specified in subsection (a) abovestatement advises the Director of the Governor's Office of Employee Relations or his designee of any claimed errors.
(1h) Unused Employee Organization Leave available organization leave provided pursuant to this Article 4.7(b) shall be added in addition to Employee Organization Leave available pursuant to Article 4.7(a) that provided elsewhere in this Agreement for Union representation in processing of grievances and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b)labor/management meetings.
(ci) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, The Union shall supply (and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (akeep current) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Governor's Office of Employee Relations a listing 30 days after the execution of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 Agreement and quarterly thereafter, thereafter a list of PEF statewide Union officers, regional coordinators, executive board members, stewardsgrievance representatives, council leaders, members of policy committees and other local officers employees eligible for Employee Organization Leave, leave under this Agreement together with the official workstationswork stations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with All such leave shall also be grantedused only for appropriate purposes, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committeesconsistent with past practice, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved as specifically requested by the Director of the Office Employee Relations.
(d) Under special circumstances, Union and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.State.
(ej) Failure Travel time as used in this Article shall mean actual and necessary travel time not to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to creditsexceed eight (8) hours each way.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Organization Leave. (a) The State Employer shall grant a total of 400 days of Employee Organization Leave employee organization leave during each year of this Agreement to employees attending meetings of the Union’s Executive Board, policy committees and other statewide Council 82 meetings. Such employee organization leave shall be available for up to a maximum total of 122 days during each year that this Agreement is in effect.
(b) The allocation of employee organization leave provided in paragraph 5.3(a) to individual employees shall be the sole prerogative of the Union and shall be allocated in units of not less than one day per instance per employee. Request for use of this leave shall solely be made by Council 82. As used in this Article, the phrase "one day" shall be defined as "one duty tour."
(c) There will be no change in the present method of approving applications for attendance at Union functions such as Union conventions.
(d) Under special circumstances and upon advance request, additional employee organization leave for additional meetings may be granted by the Director of the Governor's Office of Employee Relations.
(e) For the purpose of entering into collective negotiations for a successor agreement to this Agreement, the Employer agrees to grant employee organization leave to a reasonable number of employees for attendance at PEF Executive Board meetings or PEF the Union Negotiating Committee meetings. Within 30 days with the understanding that there shall be no more than one Union committee member from any one facility eligible to receive such leave for this purpose, except that this restriction shall not apply to the Council President, Corrections and Law Enforcement Policy Chairs and the President of the execution of this Agreement, PEF Corrections Lieutenants Local. The Union shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed all such committee members prior to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave for the committees, boards, and Regional Coordinators provided as required above. PEF shall notify the State in writing commencement of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use such negotiations.
(f) Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such organization leave shall be granted release time without charge to individual employees designated in advance leave credits accrued by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and . Such release time shall be granted subject to the extent provision that the resulting absences of any individual employee absence from work will not unreasonably interfere with an agency’s operationsthe proper conduct of governmental functions. Procedures for Employee organization leave provided pursuant to paragraph 5.3(a) of this Article will not be granted unless the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by Union provides the Director of the Governor's Office of Employee Relations or his designee with seven days advance notice of the purpose and date for which such leave is requested and the President names and work stations of PEFthe employees for whom such leave is requested.
(bg) The State Director of the Governor's Office of Employee Relations or his designee shall grant Employee Organization Leave send the Union a statement showing the remaining employee organization leave available for one PEF delegate meeting in each the current Agreement year pursuant to paragraph 5.3(a) above upon request of this Agreementthe Union. Such Employee Organization Leave This statement shall be limited presumed correct unless the Union within 30 days of receipt of the statement advises the Director of the Governor's Office of Employee Relations or his designee of any claimed errors.
(h) Employee organization leave provided pursuant to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees this Article shall be subject in addition to the same procedures that provided elsewhere in this Agreement for Union representation in processing of grievances and limitations as specified in subsection (a) abovelabor/management meetings.
(1i) Unused Employee Organization Leave available pursuant to Article 4.7(b) The Union shall be added to Employee Organization Leave available pursuant to Article 4.7(a) and 4.7(d). Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available for use subject to the terms of Article 4.7(a) and 4.7(d) for a period of one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b).
(c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide supply to the Director of the Governor's Office of Employee Relations a listing 30 days after the execution of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 Agreement and quarterly thereafter, thereafter a list of PEF statewide Union officers, regional coordinators, executive board members, stewardsgrievance representatives, council leaders, members of policy committees and other local officers employees eligible for Employee Organization Leave, leave under this Agreement together with the official workstationswork stations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3j) When such activities extend beyond the employee’s scheduled working hours, such Travel time as used in this Article shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, mean actual and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual necessary travel time in connection with such leave shall also be granted, subject not to the same limitations and subject to a maximum of five exceed eight (8) hours each way for any meetingway.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Office Employee Relations.
(d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question, or shall utilize EOL at no charge pursuant to Article 4.7(b)(1). For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, XXX agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Organization Leave. (a) The State Union shall grant be provided collectively with a total of 400 not more than 712 days of Employee Organization Leave non- cumulative employee organization leave during each year of this Agreement to attend meetings for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees internal administrative functions and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Such list supplied by PEF shall also identify Regional Coordinators. Only employees so designated shall be entitled to authorized Employee Organization Leave for the policy committees, boards, and Regional Coordinators provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. Such written notification shall also identify any additions or deletions to PEF’s list of Regional Coordinators designated to use Employee Organization Leave. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion. The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Office of Employee Relations and the President of PEF.
(b) The State shall grant Employee Organization Leave for one PEF delegate meeting allocation of employee organization leave provided in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3paragraph 5.3(a) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures sole prerogative of the Union and limitations as specified in subsection (a) above.
(1) Unused Employee Organization Leave available pursuant to Article 4.7(b) shall be added to Employee Organization Leave available pursuant to Article 4.7(a) and 4.7(d)allocated in units of not less than one day per instance per employee. Up to two days per week of such Employee Organization Leave may be used by each PEF Regional Coordinator subject to the terms of Article 4.7(d). Such Employee Organization Leave may also be used by PEF for meetings of its committees and/or Executive Board to the extent that Employee Organization Leave under Article 4.7(a) above is exhausted. Such unused PEF delegate meeting EOL will remain available Request for use subject to of this leave shall solely be made by NYSCOPBA. As used in this Article, the terms of Article 4.7(a) and 4.7(d) for a period of phrase "one year following the conclusion of the PEF delegate meeting for which it was initially available pursuant to Article 4.7(b)day" shall be defined as "one duty tour."
(c) Reasonable numbers of PEF designees There will be granted reasonable amounts no change in the present method of Employee Organization Leave to participate in approving applications for attendance at meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Office of Employee Relations a listing of all grievance representatives, including official workstation and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official workstations, departments and agencies of such employees. Where a PEF local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Office Employee RelationsExecutive Assembly.
(d) Under special circumstances, circumstances and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter employee organization leave for additional meetings may be granted by the Director of the Office of Employee Relations.
(e) For the purpose of entering into collective negotiations for a successor agreement to this Agreement, the Employer agrees to grant employee organization leave to a reasonable number of employees for the Union Negotiating Committee with the understanding that there shall be no more than one Union committee member from any one facility or region eligible to receive such leave for this purpose, except that this restriction shall not apply to Chairs of Standing Committees. Should such additional leave be granted, PEF The Union shall reimburse provide the State for with a list of names and work locations of all such committee members prior to the average cost commencement of any such negotiations.
(f) Employee organization leave shall be release time without charge to leave credits accrued by individual employees. Such release time shall be granted subject to the provision that the resulting absence from work will not interfere with the proper conduct of governmental functions. Employee organization leave provided pursuant to paragraph 5.3(a) of this Article is not required to be granted unless the Union provides the Director of the involved employee’s salary Office of Employee Relations or designee with 14 days advance notice of the purpose and date for which such leave is requested and the day(snames and work stations of the employees for whom such leave is requested.
(g) The Director of the Office of Employee Relations or designee shall send the Union a statement at the end of each quarter showing the total employee organization leave used to date in question, or shall utilize EOL at no charge each Agreement year pursuant to Article 4.7(b)(1)paragraph 5.3(a) above. For those employees holding positions that are funded in such a manner that This statement shall be presumed correct unless the State must demonstrate that it was reimbursed for the actual cost Union within 30 days of receipt of the employee’s salary, XXX agrees to reimburse statement advises the actual cost Director of the employee’s salaryOffice of Employee Relations or designee of any claimed errors.
(h) Employee organization leave provided pursuant to this Article shall be in addition to that provided elsewhere in this Agreement for Union representation in processing of grievances and labor/management meetings.
(i) The Union shall supply (and keep current) to the Director of the Office of Employee Relations 30 days after the execution of this Agreement and quarterly thereafter a list of Union officers, whether higher or lower than executive board members, grievance representatives, members of policy committees and other employees eligible for leave under this Agreement together with the average salaryofficial work stations, upon request departments and agencies of such employees. All such leave shall be used only for appropriate purposes, consistent with past practice, and only as specifically requested by the Union and granted by the State.
(ej) Failure Travel time as used in this Article shall mean actual and necessary travel time not to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to creditsexceed eight (8) hours each way.
(f) Within sixty calendar days after ratification of this Agreement, the parties shall commence discussions in an effort to devise, by mutual agreement, a single, consistent statewide electronic system for requests and approvals associated with all Employee Organization Leave (EOL) granted pursuant to subsections 4.7(a), 4.7(b), 4.7(c), and 4.7(d) above. The parties hereby affirm that it is their goal to arrive at a mutually agreed upon electronic system that will be implemented in all State agencies and departments and to leverage technology to the greatest extent possible to reduce administrative burdens and errors associated with EOL. The parties fur- ther agree that the electronic system will not be implemented until both the Office of Employee Relations and PEF have agreed that the system will meet the needs of both parties and that the system will be accessible by both the State and PEF.
(1) Until the parties reach a single, consistent statewide process for EOL request and approval as described in Article 4.7(f) above, with respect to EOL for purposes other than grievance representation, agencies and departments may require that requests for EOL are directed to the Director of Human Resources Management or their designee for advance review and approval. Any EOL request forms furnished to employees for such purpose shall be limited to requesting the employee’s name and contact information, the date(s), times and locations for which EOL is requested, and a brief description of the activity for which such EOL has been requested including the name of any internal union committee whose meeting is the basis for the EOL request. Such information shall be used to make a decision on EOL approval consistent with the terms of Article 4.7 of the 2023-2026 State/PEF Agreement. Any such agency forms shall be discontinued upon implementation of a statewide EOL request and approval procedure consistent with Article 4.7(f) above.
(2) Consistent with the parties’ long-term understanding regarding EOL for grievance representatives, requests for such EOL pursuant to Article 4.7(c), shall be directed in advance to the employee’s immediate supervisor who shall respond as soon as practicable. Requests for EOL for grievance representation shall be identified as such by the authorized grievance representative requesting the EOL and should include the date, and time(s) for which the EOL is requested as well as contact information and location for the grievance representative while on such EOL. Any EOL request forms furnished to employees for this purpose shall be limited to this information and may be used by the immediate supervisor to make a determination as to whether the EOL can be granted in accordance with the terms of Article 4.7(c)
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Samples: Collective Bargaining Agreement
