I. Contract Structure
A. Separate contracts for RF field units at LaGuardia, NYC Tech and the Graduate Center; language is the same in each, except for the certification/ recognition language which mirrors the National Labor Relations Board certification language for each unit. (At City Tech, employees working less than 4 hours per week are excluded.)
B. Duration – 4 years: 6/1/11 – 5/31/15
C. Savings Clause – which states that if one contract clause is found to be illegal, the others remain in force.
1. Wage increases – 2% (or hourly equivalent for P/Ters) each June 1st
- Project Directors may pay additional increases.
- Employees earning $25,000 or less (or hourly equivalent) will receive $500 (or hourly equivalent).
2. Work week/overtime pay/compensatory time consistent with existing policies except that explicit terms for public/weather emergencies are included
3. Signing Bonus -- Cash payment of $300 for those with 3-4 years of service and $500 for those with 5 or more years of service, to be paid within 90 days of contract ratification. Payments will be pro-rated for part-timers.
4. Notice/Notice Pay – requires 2 weeks’ notice if employee is terminated before end of appointment period or 2 weeks’ pay in lieu of notice
5. Specific titles covered and wage rates are not established by contract.
B. Fringe Benefits (largely only available to F/T and P/T As (20 hrs./week or more)
1. Health insurance – (available to employees working 20 hrs/week or more)
- Benefit plans offered remain in place;
- RF must consult with PSC about proposed changes;
- Employees’ share of premiums will increase from 11% to:
- 13% on 6/1/11, - 15% on 6/1/12, - 17% on 6/1/13, - 19% on 6/1/14.
(All other RF field employees are paying 19% now.)
2. Retirement Benefits – language is consistent with current policy
- Participation in one of 4 tiers of RF TIAA-CREF plan based on date of hire;
- Supplemental Retirement Annuity (401k/403b)
- Lump sum cash payment plus health insurance for F/T employees with 10+ years of service who retire at age 55 or older; combination of age and years of service must equal at least 70
3. Flexible Spending Plans (pre-tax) – consistent with policies
4. Group Life Insurance & Long term Disability – consistent with policies
5. Tuition Reimbursement – for undergraduate or graduate courses at CUNY, after a year of service: 2 courses per academic year for F/Ters and 1 course per academic year for P/T As.
C. Leave Benefits
1. Annual Leave
- All employees except instructional employees are eligible; leave is earned based on a formula in existing policies:
Years of service Days/year* 0-3 years 15 days 4-7 years 22 days 8+ years 25 days>
*hourly equivalents for P/Ters
- Contractual language establishes practices for the use and scheduling of annual leave and for the carryover of unused annual leave from one appointment period to the next, so that employees will no longer lose accrued annual leave.
2. Sick Leave – All employees are eligible, and accrual (based on hours worked) and use practices are consistent with existing policies.
3. Paid Holidays – only for F/T employees, based on current policies: 17 scheduled and 4 unscheduled paid holidays.
4. Family Medical Leave Benefits – consistent with existing policies and law.
5. Other Leaves – incorporates other paid leaves (bereavement leave, jury duty, court attendance under subpoena, and quarantine) and unpaid leaves (child care, extended temporary disability, general leave without pay, military) in RF policies.
A. Terms of Employment
1. Definitions of F/T, P/T A (20-34 hours/week) and P/T B (19 hours or less/week)
2. Non-Discrimination – consistent with RF policies and the law; the provision gives employees two options for pursuing claims
3. Seniority – defined as length of continuous service irrespective of F/T or P/T employment
4. Probationary Period – 90 calendar days for F/Ters; 120 calendar days for P/Ters, during which employees may be terminated without recourse to the grievance process
4a. Instructor Side Letter – permits break in service for certain contractual provisions of up to 120 days because Instructors often do not teach during the summer
5. Training – obligates RF to provide training during working hours when training is required by the RF
6. Notice of Job Vacancies – obligates RF to make best efforts to post vacancies on its website
7. Access to Files – employees shall have access to and be able to make copies of documents concerning their performance. Documents concerning a performance problem or discipline must be shown to and initialed by the employee who may submit written comments.
8. Appointment/Reappointment Information – Upon initial appointment, employees will receive a copy of their PAF with specified information and be able to access equivalent information about reappointment electronically.
9. Health & Safety – If employees must leave work due to a health and/or safety condition, they will be paid or be provided compensatory time.
1. Complaints/Grievance/Arbitration – provides for an informal complaint procedure and a 3-step grievance procedure ending in third- party binding arbitration to resolve issues that arise between represented employees and RF management concerning the application or violation of the terms of the contract.
2. Discipline – Management can only take disciplinary action for “just cause” and such action may be the subject of a grievance (but not written or verbal warnings). Written confirmation of verbal warnings and written warnings shall be removed from any employee’s file after 6 months upon the employee’s request if there is no repetition of the conduct that gave rise to the warning.
C. Labor/Management Relations
1. Union Security and Dues Deduction
- After a 30-day waiting period new employees must become members and pay dues or start paying an agency fee.
- Management agreed to dues/fee checkoff at the rate established by the PSC; deductions will be sent to PSC quarterly
2. Labor-Management Committee – established to discuss issues of concern, with 3 union and 3 management representatives, shall meet at the request of either party on a quarterly basis
3. Released Time for Union Representatives – four designated representatives (at each campus), a total of 7 hours/week, for grievance-handling and contract administration; there will also be scheduling flexibility to allow attendance at collective bargaining sessions (unpaid release time)
4. Bulletin Boards – will be provided by RF in 2 visible locations per campus for union notices
5. Right to Information on the Bargaining Unit – RF will provide specified information about employees covered by the contract on a quarterly basis
6. No Strike/No Lockout while contract is in effect
- PSC will not engage in strikes or other intentional interference with RF’s operations (employees found guilty of same are subject to immediate discharge)
- RF agrees not to lock out employees
- Neither the union nor employees will engage in sit-downs, demonstrations or any other concerted actions relating to a dispute covered by the grievance/arbitration provision (employees found guilty of engaging in the above shall be subject to discipline, up to and including discharge)
7. Management Rights –standard language for private sector contracts enumerating actions management may take unilaterally, except as otherwise provided in the contract