Appendix D: Settlement Agreement

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Agreement made this 25 day of June, 2002 between The City University of New York and The Professional Staff Congress/CUNY.

The parties hereby agree as follows:

1. CUNY may pay base salaries in excess of the base salary schedules contained in the CUNY-PSC collective bargaining agreement to members of the PSC bargaining unit for purposes of recruitment and retention, up to 165% of the last step of the applicable base salary schedule (hereinafter referred to as the 7-year step), for the titles Professor, Associate Professor, Assistant Professor, Higher Education Officer, Higher Education Associate and Higher Education Assistant, which excess base salary shall become a part of base salary.

2. The base salary flexibility described in Paragraph 1 above refers to additions to the base salary contained in the schedules. All other applicable provisions of the CUNY-PSC collective bargaining agreement, the multiple position policy, Board Bylaws and other University policies and procedures continue to apply.

3. When a college President intends to make a base salary offer to recruit or retain a bargaining unit member in excess of the base salary schedules contained in the CUNY-PSC collective bargaining agreement, he/she shall convene an ad hoc committee of faculty members, if the offeree is being hired or retained in a faculty title, or an ad hoc committee of individuals in Higher Education Officer series titles, if the offeree is being hired or retained in a Higher Education Officer series title. The ad hoc committee, based on its academic judgment regarding the qualifications and duties of the individual to whom an offer is being contemplated by the President, shall make a non-binding recommendation to the President that the proposed base salary should be within the range of one of the following tiers:

Tier I: 101% - 115% of the 7-year step for the title
Tier II: 116% - 140% of the 7-year step for the title
Tier III: 141% - 165% of the 7-year step for the title

The President will then forward his/her recommendation to the Chancellor. If the Chancellor approves, the recommended salary will be submitted for approval to the Board of Trustees via the Chancellor’s or University Report.

4. The PSC hereby withdraws or discontinues with prejudice the following:

• The grievance concerning the recruitment/retention initiative that it filed by letter dated July 2, 2001;
• PERB Charge No. U-22891;
• The grievance filed on behalf of “all bargaining unit members” alleging “improper payment of salary increases beyond those contractually stipulated. Failure to negotiate proposed salary increases with the Professional Staff Congress/CUNY,” filed by letter dated December 28, 2001;
• PERB Charge No. U- (Re: Zicklin School memo); and
• Barbara Bowen as President of PSC-CUNY v. City University of New York, Index No. 104015/2002, New York County Supreme Court.

5. CUNY will advise the colleges that all increases to base salary shall be granted in accordance with the CUNY-PSC collective bargaining agreement and with this letter.

For the City University of New York

/s/_______________________
Date: June 26, 2002

For the Professional Staff Congress/CUNY

/s/_______________________
Date June 25, 2002

Addendum to Settlement Agreement

Effective June 26, 2006, the settlement agreement dated June 25, 2002 is made applicable 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)
Law School Professor
Law School Associate Professor
Law School Assistant Professor
Law School Library Professor
Law School Library Associate Professor
Law School Library Assistant Professor

For titles listed above that do not have a seven-year step, the percentage increases specified in the settlement agreement will be applied to the maximum salary in the salary range for the title.