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PSC CONTRACT NEGOTIATIONS
WITH THE RESEARCH FOUNDATION


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CONTRACT BULLETIN ON NEGOTIATIONS
BETWEEN THE PROFESSIONAL STAFF
CONGRESS AND THE RESEARCH FOUNDATION

RF Bulletin One – February 20, 2001 

The PSC held its first negotiations session with RF/CUNY management on Thursday, February 15, 2001 at the Research Foundation offices. Representing the PSC Negotiating Team, selected by the members of the PSC/Research Foundation Chapter, were Debra Bergen, Director of Contract Administration; D. Nicholas Russo, Director of Legal Affairs; Nancy Romer, Senior College Officer; Paul Pfannekoh, Chapter Chair; Anthony Dixon, Vice Chapter Chair; Dion Brown, Chapter secretary; Antoinette Morizio and Kadesha Atkins-Bey.  In addition, Mary Ann Carlese, PSC’s Associate Executive Director, will be attending the sessions as part of the PSC negotiating team. The PSC negotiating team will also include at future sessions Arthur Schwartz and/or Susan Jennick, PSC’s outside legal counsel.  

Research Foundation/CUNY management is represented by Ken Kruger, a consultant to the Foundation; Jerry Steele, Chief Operating Officer; Wendy Patitucci, Director of Employee Policy and Practices; Fred Chin, Director of Grants and Contracts; and Judith G. Bartlett, Secretary to the Board of Directors.  

The session began with introductions by both teams and pleasantries were exchanged.  The PSC then began the session by clarifying administrative issues, which included a proposal that the sessions take place on a rotating basis at the Foundation offices and the PSC headquarters. We offered additional negotiations meeting dates and times through the end of March. The PSC proposed that any items agreed to by both sides be put in writing as tentative agreements pending the conclusion of negotiations and ratification of the agreement as a whole by the PSC’s Research Foundation chapter and the RF/CUNY’s Board of Directors.  The union also advised Foundation management that we would be keeping our members informed of the progress of these negotiations by written bulletins and on the PSC/CUNY Web site. 

The PSC then presented an opening statement and provided RF/CUNY management with our 37 contract demands with a general description of the topics that they cover, which include demands on recognition and coverage, Research Foundation/PSC relationships, Information and Data, Time and Leave, Evaluation of Employees, Promotional Opportunities and transfer, Disciplinary actions, Terminations, Occupational Safety and Health, Salaries and Duration. The union reserved the right to modify the proposals and to submit additional proposals during these negotiations. Copies of the union’s opening statement and our contract demands have been distributed to the members of the PSC/RF chapter and can be found on the PSC-CUNY Web site. The Research Foundation made no opening statement and was not prepared to present proposals to the PSC. 

In response to our demands, the Research Foundation indicated that there might be areas that we can agree on but indicated to us that they had certain constraints and goals. These were to improve services to their “customers” and to reduce costs. They indicated that they need to address complaints received from CUNY researchers and will be introducing new technologies and new procedures in an attempt to address problem areas.  The PSC responded that while we recognize and share the Foundation’s goal to improve services to whom they refer to as their “customers” that these “customers” were the faculty that the PSC represents in our collective bargaining agreement with the City University. We expect that these improvements would not be made at the expense of our members’ salaries and workload at the Foundation. 

After a brief caucus, the Research Foundation responded to our proposed meeting dates and agreed on those offered and proposed additional meeting dates and times. However, the Foundation management team flatly rejected the union’s proposal that the site of the negotiations alternate between the Foundation office and union headquarters.  The rationale offered was that it would be inconvenient and that the Foundation team must be available on the premises of the Foundation.  

The union countered with a proposal that we alternate sites so that any morning sessions occur at the PSC and afternoon sessions occur at the Foundation.  The PSC cited that the Foundation’s refusal to alternate sites was contrary to the precedent established in previous contract negotiations with Foundation management, which did occur at both the Foundation and the PSC and is counter to the practice established between the City University and the PSC whose current contract negotiations take place at both the University offices and the PSC.  We stated that meeting at the PSC would not be an inconvenience for the Foundation because they could be in constant contact with the Foundation by phone and computer from the PSC office and we had rooms available for caucuses.  The Foundation stood by their position of refusing to meet at alternate sites despite the PSC’s offer and the union then adjourned the session on that note. 

While we agreed on future dates the location of those meetings has yet be determined. We will keep you informed on this and other matters as they unfold. 

 


The PSC’s Opening Statement

CONTRACT NEGOTIATIONS BETWEEN PSC AND RF 

 

The contract demands of the Professional Staff Congress will reflect an attempt to rectify inequities, both economic and non-economic, which exist for our members at the Foundation.  The PSC recognizes and supports the Foundation’s goal of providing quality services to the academic community of the University. The faculty is a shared constituency of both of our organizations.   However, the unconscionable working conditions and non-competitive salaries of the Foundation’s workers translates into high staff attrition and overwork, which in turn creates poorer services to faculty researchers. We believe that your goal of providing quality service can be achieved by working with the PSC in a spirit of mutual cooperation resulting in mutual gain.  

We recognize the Foundation has adopted a new management structure, an organizational model and team approach in an effort to remedy problems it has encountered in the processing of grants and related issues, however, the PSC has an obligation to ensure that our members’ working conditions and salaries are not detrimentally affected while the Foundation moves to optimize efficiency and maintain higher production standards.  The basic thrust of our non-economic demands is to improve and strengthen our members’ rights and protections in the face of the on-going reorganization of the Foundation and to seek improvement in our working conditions and job security.  We also seek improvements in time and leave and due process rights.

Through our economic demands we strive to improve promotional opportunities for our members and to ensure that the Research Foundation workers are justly compensated for the work they do at the Foundation. The erosion of salaries at the Foundation has been absolute as a result of the recent broadbanding of titles in Grants and Contracts and Human Resources/Payroll and we will be addressing these salary inequities in these negotiations. The current salaries make the Research Foundation jobs unattractive, non-competitive and create high turnover.

In preparing for these negotiations I was struck by the repetitive nature of the environment in which we historically entered into collective negotiations. The PSC-Foundation negotiations have been influenced by changes in the Foundation’s departments of Human Resources and Labor Relations preventing the kind of continuity and stability in the labor-management relationship that exists in many other negotiation settings. While these administrative and structural changes may be a necessary component of the Foundation’s goal to improve the delivery of services to the University community, they have unfortunately resulted in an unstable work environment for our members, reducing job security and increasing stress.  It has resulted in declining morale and a growing distrust of Foundation management.  During the past three years, I have heard countless stories from our members of fear and intimidation by on-line supervisors as well as confusion over the lines of supervision.  We are very concerned with these trends and it is our goal that through these negotiations we can build a better working environment for our members at the Foundation and strengthen communications between the PSC membership and Foundation administrators.

During the past three years we have witnessed an increase in the use of part-time and temporary workers employed at the Foundation. With the recent reorganization of the departments of Grants and Contracts and Human Resources/Payroll and the broadbanding of titles in these departments, our members have been deprived of promotional opportunities and employees who worked hard to obtain upper level grades are being rolled back to lower salary grades while being asked to take on additional tasks and responsibilities.  Therefore, one of our key objectives in these negotiations is to protect the integrity of our bargaining unit and obtain salaries commensurate with job functions and increased workloads.

To these ends, we must work together to achieve the following:      

            -Labor-management cooperation must be maintained. The PSC seeks the right to negotiate all changes in the Foundation that affect the terms and conditions of its members.

-The employees of the Foundation must be compensated to reflect the changes in job content and function. The PSC seeks substantial salary increases across the board and a revamping of the current salary structure that will provide yearly salary increments and increased recognition of longevity.                           

-The day to day worklives of our members and improvements in the morale and environment must be a mutual goal of both the Foundation and the PSC.  The PSC seeks to achieve equal working conditions for all its members of the Foundation regardless of date of hire in annual leave and sick leave; enhance health and safety protections; improvements in leaves for family, personal, bereavement and parental leave; to provide further protections against unjust disciplinary actions and arbitrary evaluation procedures and to improve recognition of service through improved severance packages.

Our proposals were developed by the Research Foundation’s workers and are a reflection of their desire for more fair-and-equal treatment and in recognition of their contributions to the Foundation on a daily basis. The Foundation can only benefit by this with increased productivity and stability from its workforce. However, these goals can only be achieved through mutual cooperation between the PSC and the Foundation through an honest and open dialogue of the issues.

 


CONTRACT DEMANDS
PRESENTED
TO RESEARCH FOUNDATION/CUNY

BY PROFESSIONAL STAFF CONGRESS

THURSDAY, FEBRUARY 15, 2001 

click here to download   
demands as Word document   

 

RECOGNITION AND COVERAGE

1.      Amend Article 1.2: The bargaining unit shall consist of all full-time central office staff, part-time and temporary employees employed by the Research Foundation. 

All employees who perform the same or similar functions to those titles in the unit shall be included in the unit regardless of funding source for their positions.  

2.      Amend Article 1.3: Incorporate into list of covered titles additions and changes in titles and salary grades contained in letter of understanding dated May 8, 2000 and all newly created titles in the Client Services Division/Human Resources and Grants and Contracts/OTPS. 

3.      Define temporary employees as those employees appointed to fill a vacancy caused by leaves, emergencies or while a search is being conducted for a posted vacancy position. 

4.      A temporary employee appointment shall not be for more than a total of two calendar years where it is due to a leave and/or emergency and one year where the appointment is made while a search is being conducted for a posted vacant position. 

5.      The Foundation shall provide the PSC in writing of all temporary appointments.

The letter of appointment must be provided to the individual and must state the covered position for which the temporary appointment was made and the duration of the appointment. A copy of the letter of appointment, together with the name of the person for whom the individual is substituting and the reasons that gave rise to the substitution is to be forwarded to the PSC. 

6.      Amend Article 1.6: RF/CUNY shall provide notice no less than thirty (30) days prior to the creation of a new title to the PSC.  No vacancy created by the creation of a new title may be posted in accordance with Article 14 until such time that the question of whether the title is included or excluded has been negotiated between the Foundation and the PSC. 

7.      Move Article 1.10 to a separate article entitled Non-Discrimination. 

RESEARCH FOUNDATION – PROFESSIONAL STAFF CONGRESS RELATIONSHIPS 

8.      Wherever PSC is referred to in the agreement, it shall mean the President of the PSC or his/her designee to be determined by the PSC. 

9.      Wherever President or his/her designees for RF/CUNY change to Executive Director. 

10.  Amend Article 3.12: During times that contract is being negotiated the number of representatives shall be unlimited. 

INFORMATION AN DATA 

11.   Move Articles 5.3, 5.4 and 5.5 to a separate article entitled Personnel Files. 

TIME AND LEAVE 

12.   Delete Article 7.3: Tier II employee provisions.  

 Add: All members of the bargaining unit shall accrue annual leave at these rates 

13. Amend Article 7.2: Management shall schedule work to allow for flexible workweeks,     workdays and work schedules with the participation and consent of the Research Foundation, the PSC and the employee. 

14.  Amend Article 7.4: The amount of annual leave days accrued shall be unlimited.   Payouts of unused annual leave in lieu of carryover at employee's option. 

If a request for annual leave is denied by the immediate supervisor and no alternative time is offered or if the request has not been acted upon within five working days after its submission the employee may submit a written request to the Manager of the Department who will, in writing, within 10 working days of receipt of the employee's request, approve the annual leave or provide an alternate plan for use of annual leave. 

      Annual Leave may be charged at the rate of a minimum fifteen minutes. 

15.  Amend Article 7.5: Family Medical Leave shall be provided for all members of the unit in accordance with the Family Medical Leave Act of 1993. Family Medical Leave shall not run concurrent with any accrued paid leave. 

16.  Amend Article 7. 8: An employee shall be entitled to eight occurrences of undocumented illness prior to being required to provide documentation of illness from a healthcare practitioner. 

17.  Amend 7.10: Payout of unused sick leave shall be half of accrued sick leave for all members of the bargaining unit, regardless of years of service.  

All employees whose employment is terminated for other than just cause are entitled to payment for accrued sick leave when they resign.  

18. Amend Article 7.15: Accrual of unscheduled holidays shall be equal to the number of hours worked in a regular workday. 

19.  Four months full pay for parental leave to care for a newborn infant, newly adopted or foster care child.  

20. Five-days paid-bereavement leave in the event of the death of a member of the    immediate family. The immediate family shall be defined as the mother, father, grandmother or grandfather of the employee or of the spouse or domestic partner of the employee; the spouse, domestic partner, son or daughter of the employee or domestic partner; the son; son-in-law, daughter, daughter-in-law, brother or sister of the employee or domestic partner; or any relative living in the immediate household of the employee. 

EVALUATION OF EMPLOYEES 

21.     Amend Article 10.1: Evaluations of members of the bargaining unit shall

consist of an evaluation conference between the Manager of the Department or the employee's immediate supervisor to be designated by the Executive Director.   At the conference, the employee's total performance and progress shall be reviewed, including those criteria contained in Article 10.1. Following the conference, the designated evaluator shall prepare a written record of the evaluation discussion in memorandum form for inclusion in the employee's personnel file. 

PROMOTIONAL OPPORTUNITIES AND TRANSFER 

22.   Amend 14.1: Vacancy notices shall include the department and salary grade for the position posted.       

        Vacancy postings within a department shall be posted simultaneously for five (5) days within and outside the department within the central office prior to the posting outside the Foundation. 

23.     Amend 14.2: If more than one covered employee applies for an posted vacancy, preference shall be given to employees within the department where the vacancy exists taking into account an employee’s work record, experience, skill, and ability to perform the required duties. If there are no significant differences in these criteria, the Foundation shall award the position to the applicant with the most seniority within the department.

 Add:  When a lateral transfer is applied for such applicants shall be considered after the applications of those seeking promotion to a higher salary grade.

 

24. Amend 14.5 Job descriptions for newly created covered titles to which transfer is being    made shall be provided to the PSC within (90) working days of transfer into title.  

25.   Amend 14.6: Notice period shall be (60) working days in advance of the effective date of   a transfer into an existing covered title. Notice period shall be (90) working days in advance of transfer into a newly created covered title.  

DISCIPLINARY ACTIONS 

26.  The following Bill of Rights shall be implemented: 

·         An employee shall be informed of his/her right to a union representative prior to the initiation of a disciplinary action, including but not limited to, an investigative interview that may lead to disciplinary action, pursuant to Article 11. 

·         No statement(s) or admission(s) made by an employee during an investigative interview without that employee having the opportunity of a union representative will be subsequently used in a disciplinary proceeding against such employee. 

·         No employee against whom disciplinary action has been initiated shall be requested to sign any statement or admission of guilt, to be used in a disciplinary proceeding under this article without the opportunity to have a union representative present.  

·         An employee shall not be coerced or suffer any reprisal either directly or indirectly that may adversely affect that individual’s hours, wages or working conditions as the result of the exercise of the above stated rights. 

·         Disagreements arising as to the interpretation or application of these rights shall not be subject to the grievance and arbitration procedures contained in Article 13. 

TERMINATIONS 

27.  Amend Article 12.3: All covered employees past their probationary period who are involuntarily terminated other than for just cause shall be given a minimum of four weeks prior notice pay and severance pay at the rate of five weeks for every year of service. 

28.   Amend Article 12.4: All employees who resign or whose employment is involuntary terminated shall be entitled to partial payment of all unused accrued sick leave and annual leave. 

29.  During the course of this agreement, there shall be no lay-off of any member of the bargaining unit.  

OCCUPATIONAL SAFETY AND HEALTH  

30.  Add language in compliance with occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970.  

An alleged violation of provision may be submitted in accordance with the grievance and arbitration procedures of the agreement. 

SALARY

31.  All members of the bargaining unit shall receive a substantial across the board salary increase each year of the contract with full retroactivity. All increases shall  be compounded.  

32. Establish an incremental salary schedule for each salary grade. 

33.  Establish longevity steps in all salary grades. 

34. Amend Article 8.3: When the contract is signed, the across the board salary increases shall be applied to the minimum and maximum in each salary grade. 

35.  Delete Article 8.5 – Equity Payments 

36. Amend Article 8.9: Management shall not appoint a new employee at a level within salary grade that is higher than the salary level of any incumbent employee holding the same salary grade and title. 

C.      Duration 

37.  This agreement shall be in effect for three years.  

Note:  The Professional Staff Congress reserves the right to modify these proposals and to submit additional proposals during these negotiation


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