(The following are CUNY management's demands first posted on this website on November 10. 2003. Compare management's demands with the PSC's. Click here for the PSC demands from the May Clarion.)
THE
CITY UNIVERSITY OF NEW YORK
PROPOSALS FOR COLLECTIVE BARGAINING WITH THE
PROFESSIONAL STAFF CONGRESS/CUNY
July 17, 2003
Article 1 (Recognition)
1. Add Chairpersons of College Departments to the list of excluded functions or titles and delete from the list of included titles.
2. Add to the list of excluded functions or titles:
• The Office of the Chancellor
• The Office of the Secretary to the Board of Trustees
• The University Budget Office
• The University Accounting Office
• The University Office of Internal Audit
• The University Office of Internal Control
• The Office of any Vice Chancellor
• Deputy Security Director
• Director of the CUNY Language Immersion Program
• Director of College NOW.
3. Eliminate the restriction on the number of excluded individuals in the Office of the Labor Designee and the Office of the Human Resources/Personnel Director.
4. Eliminate the restriction on the number of excluded individuals serving as Executive Assistants to Senior Vice Presidents and Vice Presidents.
5. Eliminate the restriction on the number of excluded individuals in the University Office of Executive Search and Evaluation.
6. Add new fractional-time titles in the Higher Education Officer series (minimum of 20 hours per week).
Article 2 (CUNY-PSC Relationships)
7. Add to Article 2.2: "Neither party to this collective bargaining agreement will challenge or assist or solicit others in challenging the legality of any of its provisions."
- Add to Article 2: "The notes of participants in collective bargaining negotiations between the parties are not business records and will not be offered as evidence in any action, proceeding, appeal, complaint, grievance, or arbitration in any court, administrative agency, or other forum or tribunal."
Article 6 (Reassigned Time)
9. Amend Article 6.1 (a) to provide that the PSC will reimburse the University for all reassigned time at the reassigned employee's full-time salary rate, including fringes.
10. Delete Section 6.5, which permits, by agreement with the University, the purchase of reassigned time in addition to that which is provided pursuant to Article 6.1 at the adjunct replacement rate.
- Add : Reassigned time for the handling of grievances and the implementation of the agreement shall not be granted to an individual who serves on a Personnel and Budget Committee or as a member of the University Faculty Senate.
Article 9 (Appointment and Reappointment)
12. Modify Section 9.1 to extend the
abandonment of position provision to all
members of the instructional staff,
including tenured and certificated members.
Article 10
(Schedule for Notification of Reappointment and
Non-Reappointment)
13. Modify Section 10.1 to provide that notifications of reappointment and non-reappointment shall be sent (not received) no later than the dates indicated on the schedule.
Article 12
(Certificate of Continuous Employment)
14. Delete Section 12.5, which
contains obsolete procedures relating to the
evaluation of Lecturers.
Article 13
(Multiple Year Appointments for Higher Education
Officer (HEO) Series)
15. Amend Section 13.12.a to provide that an employee who has achieved a 13.3.b. appointment may be terminated in the event of unsatisfactory performance after two unsatisfactory evaluations in a 12-month period.
16. Amend Section 13.12. a to provide that an employee who has achieved a 13.3 .b appointment may be terminated six months after being notified that the college is abolishing the function that is performed by that individual.
17. Amend Article 13 to add a new section as follows:
If an employee in a title in the higher education officer series is reassigned to a new position, the University will review the new position to determine the appropriate title for the position within the higher education officer series.
If it is determined that the appropriate classification of the new position is in a higher title in the higher education officer series than the title currently held by the employee, the employee will be appointed as a substitute in the higher title, pending a search to fill the position. The employee will be placed on the salary step in the higher title that most nearly approximates his/her salary in the lower title within the salary schedule applicable to the higher title.
If the University determines that the appropriate classification of the new position is in a lower title in the higher education officer series than the title currently held by the employee, the employee will be permitted to serve in the new position in the higher title through June 30 following the reassignment. Thereafter, if the employee is reappointed for an additional year effective July 1, the employee will be reappointed into the lower title. If the employee has a 13.3.b appointment in the higher title, the employee will be reclassified into the lower title, effective July 1, and will have a 13.3.b appointment in the lower title. The employee will be placed on the salary step in the lower title that most nearly approximates his/her salary in the former title within the salary schedule applicable to the lower title.
18. Amend Article 13.13 to provide
that all notices of non-reappointment of
employees in the higher education officer
series shall be sent on or before May 1.
Article 14
(Leaves and Holidays)
19. Amend Section 14.1 so that the annual leave period for full-time teaching members of the faculty shall end on a date on or after August 15 to be determined by the University.
20. Modify Section 14.3.b and 14.3.c to indicate that librarians, employees in the Registrar series, and counselors holding faculty titles accrue annual leave on the same basis as employees in the higher education officer series and the college laboratory technician series, i.e., 15 days of annual leave in the first year of service, plus one additional day of annual leave for each year of service to a maximum of 25 days of annual leave.
21. Amend Section 14.9 as follows: The maximum accrual of annual leave shall not exceed 25 days. No employee will be credited with annual leave over the maximum accrual during any annual leave year.
- Add : CUNY offices or campuses may close during the period between the Christmas Holiday and the New Year's Holiday. In such event, employees will be required to utilize annual leave during the period between the Christmas Holiday and the New Year's Holiday. The decision to close an office or a campus during this period is in the discretion of the Chancellor or President.
Article 15
(Workload)
23. Amend Section 15.2 to permit adjunct faculty to teach nine classroom contact hours at one college and a maximum of six classroom contact hours at one or more other colleges.
24. Amend Article 15 to permit
colleges to assign qualified HEOs on a
voluntary basis to teach courses as part of
their 35-hour per week workload for no
additional compensation.
Article 16
(Temporary Disability Leave or Parental Leave)
25. Substitute for Travia Leave in Article 16.5 a lump sum payment, which shall be payable in three equal installments, the first payment due two months after retirement, the second payment due 14 months after retirement and the third payment due 26 months after retirement. The total value of the lump sum payment will be calculated on the basis of one-half of the employee's accumulated sick leave and in no event shall the amount to be paid exceed the value of 80 days.
Article 19
(Personnel Files)
26. Add: Failure to examine and
initial the file annually shall constitute a
waiver of any claim that the file is
incomplete or that the documents are not
initialed.
Article 20
(Complaint, Grievance and Arbitration Procedure)
27. Modify paragraph 4 of Section 20.4 to require that a grievance must specify the manner in which each contract provision, Bylaw section, or written Board policy is alleged to have been violated.
28. Modify Step 1 of Section 20.4 to provide that a grievance that is not conferenced within three months of the date of filing will be deemed abandoned.
29. Modify Step 2 of Section 20.4 to provide that a grievance appealed to the Chancellor or the Chancellor's Designee that is not conferenced within three months of the date of the appeal will be deemed abandoned.
30. Modify Step 3 of Section 20.4 to provide that only the PSC may appeal the Step 2 decision to arbitration.
31. Modify Step 3 of Section 20.4 to provide that a grievance appealed to arbitration that is not arbitrated within one year of the appeal to arbitration will be deemed abandoned.
32. Modify Section 20.5.a to make reference to the arbitration panel and eliminate the need for identification of specific arbitrators included on the panel.
33. Eliminate reference in Section 20.5 to Administrative Chairperson of the Arbitration Tribunal Panel and provide for the American Arbitration Association tribunal administrator to assign cases in rotation among panel members.
34. Add to Section 20.5.a that the arbitrator shall issue a decision within 30 calendar days after the conclusion of testimony, argument, and any submission of briefs.
35. Add to Section 20.5.c. 1: "In no
event shall any materials/documents
generated subsequent to the date of the
President's decision (regarding
reappointment or promotion) or letter of
reasons be submitted to a Select Faculty
Committee."
Article 21
(Disciplinary Actions)
36. Modify Sections 21.5 and 21.6 to provide that, if an employee does not request a hearing within 14 days, the employee shall be deemed to have acquiesced to the charges and the recommended penalty.
37. Modify Section 21.7 to require that any penalty recommended by the
Chancellor's Designee shall be implemented upon issuance of the decision.
38. Delete the last sentence of Section 21.10 and modify to allow suspensions without pay during the pendency of charges at the President's discretion.
39. Modify Paragraph 2 of Section
21.10 to indicate that a person suspended
with or without pay shall be available for
all procedures mandated under Article 21.
Article 24
(Salary Schedules)
40. Replace the current system of step increases with a minimum/maximum range for each title. Presidents may provide annual discretionary salary increases within the range.
41. Establish a program for the distribution of one-time, lump sum awards to instructional staff to recognize meritorious performance.
42. The terms of the settlement agreement
between the University and the PSC
concerning base salary payments above the
contractual salary schedules shall be
extended to the following titles: Medical
Professor (Basic Sciences), Associate
Medical Professor (Basic Sciences),
Assistant Medical Professor (Basic
Sciences), Medical Professor (Clinical),
Associate Medical Professor (Clinical),
Assistant Medical Professor (Clinical),
Medical Lecturer, Law School Professor, Law
School Associate Professor, Law School
Assistant Professor, Law School Instructor,
Law School Library Professor, Law School
Library Associate Professor, and Law School
Library Assistant Professor.
Article 26
(Welfare Benefits)
43. The parties agree to establish a joint committee composed of two members appointed by the Chancellor and two members appointed by the President of the PSC to study a reorganization of the PSC-CUNY Welfare Fund. The committee will issue recommendations to the Chancellor and the President of the PSC.
Hunter Campus
Schools
44. Extend the work year of
counselors to include the week before school
begins and the week after school ends.
Educational Opportunity Centers
45. Increase the teaching workload of EOC Lecturers.
46. Provide that counselors holding faculty titles accrue annual leave on the same basis as employees in the higher education officer series and the college laboratory technician series, i.e., 15 days of annual leave in the first year of service, plus one additional day of annual leave for each year of service to a maximum of 25 days of annual leave.
47. Freeze adjunct hourly rates.
48. Exclude employees in the titles Assistant Coordinator of Academic Affairs and Assistant Coordinator of Computer Services from coverage under the collective bargaining agreement.
49. Restructure health insurance.
The University reserves the right to add, delete or modify proposals.
Compare management's demands
with the PSC's. Click
here
for the
PSC demands from May
Clarion.
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