Bill S5808-2013

Relates to implementing an agreement between the state and an employee organization; providing for the adjustment of salaries or hourly rates of certain incumbents in the professional services negotiating un

Relates to implementing an agreement between the state and an employee organization; provides for the adjustment of salaries or hourly rates of certain incumbents in the professional services negotiating unit; makes an appropriation therefor.

Details

Actions

  • Jun 20, 2013: SUBSTITUTED BY A8032
  • Jun 20, 2013: ORDERED TO THIRD READING CAL.1512
  • Jun 17, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5808

TITLE OF BILL: An act implementing an agreement between the state and an employee organization; providing for the adjustment of salaries or hourly rates of certain incumbents in the professional services negotiating unit; and making an appropriation therefor

Purpose:

This bill implements the terms of a collective bargaining agreement ("the Agreement") between the Executive Branch of the State of New York and the employee organization representing those members of the collective negotiating unit designated as the Professional Services Negotiating Unit ("the Unit"), that are in lifeguard titles, and who are in positions designated as part of bargaining unit 68, entered into pursuant to Article 14 of the Civil Service Law.

Summary of Provisions:

Section 1 of the bill defines the terms "eligible unit members," "the agreement" and "the employee organization" for purposes of this Act.

Section 2, subd. 1 of the bill provides that the adjustment to salaries and hourly rates and other compensation shall apply to eligible unit members that are in lifeguard titles and who are in positions designated as part of bargaining unit 68.

Section 2, subd. 2 of the bill provides for the following increases to the salary or hourly rate of certain eligible unit members: two and one-half percent effective April 1, 2004; two and three-quarters percent effective April 1, 2005; three percent effective April 1, 2006; three percent effective April 1, 2007; three percent effective April 1, 2008; three percent effective April 1, 2009; and four percent effective April 1, 2010 Subdivision 2, at paragraph (h), also provides that to be eligible for the retroactive increases, an eligible unit member must have been in employment status on the effective date of the salary or hourly rate increase or employed during a season that commences during the fiscal year that includes the effective date of a salary 'or hourly rate increase, and must have been in employment status on April 1, 2013 or during a season that commences in the fiscal year that includes April 1, 2013.

Section 2, subd. 3 of the bill provides for the following increases to the salary or hourly rate of certain eligible unit members: two percent effective April I, 2014; and two percent effective April I, 2015. Subdivision 3 also provides that the salary at hourly rate increases on April 1, 2014 shall not be payable until the Director of the Governor's Office of Employee Relations ("GOER") notifies the Director of the Budget that the State and the employee organization representing eligible unit members have reached an agreement on issues of mutual concern included in the "Joint Meeting Minutes between Long Island State Park and Recreation Commission and the Jones Beach Lifeguard Corp" and any other labor-management agreements between the State and the parties concerning the Jones Beach Lifeguard Corp, in accordance with the terms of the Agreement.

Section 2, subd. 4 of the bill provides that in accordance with the terms of the Agreement, certain eligible unit members who work at least 160 hours during the season (at least 20 days) shall be entitled to additional compensation at their hourly rate, up to a maximum of eight hours, for time worked on each of the first three days during their employment in any seasonal period (April 1 to September 30 or October 1 to March 31) which are observed as holidays by the State Such compensation shall be paid retroactively upon completion of five Weeks of work.

Section 2, subd: 5 of the bill provides that notwithstanding any of the increases provided for in section 2, any increase in compensation may be withheld in whole or in part from an employee when, in the opinion of the Director of GOER and the Director of the Budget, such increase is not warranted or is not appropriate.

Section 3 of the bill would continue the publication of grievance arbitration settlements and awards.

Section 4 of the bill would provide that the salary increases and benefit modifications provided herein for applicable members of the Unit shall not be implemented until there is a fully executed collective bargaining agreement between the State of New York and the employee organization representing employees in this Unit that also has been ratified by the applicable membership in accordance with the ratification procedures, if any, applicable to eligible unit members.

Section 5 of the bill would provide that, in accordance with the terms of the Agreement, the State shall contribute designated amounts for the period covered by such Agreement to the accounts of eligible employees who are enrolled for dependent care deductions pursuant to subdivision 7 of Section 201-a of the State Finance Law.

Section 6 of the bill would fix the date upon which eligible members of the Unit would receive salary increases and deferred payment of salary increases called for by the Agreement between the parties

Section 7 of the bill would provide a lump sum payment to certain incumbent members of the Unit to cover the difference between the compensation such employee would receive subsequent to the enactment of this act versus the compensation that such employee did receive prior to the enactment of this act.

Section 8 of the bill would provide for the use of appropriations to pay any amounts required by the provisions of this bill.

Section 9 of the bill would provide for the use of special or administrative funds of the State to pay the compensation required by the provisions of this bill.

Section 10 of the bill would provide that no employee participating in a special annuity program pursuant to the provisions of Article 8-C of the Education Law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary or hourly adjustment to which such employee would otherwise be entitled to by reason of participation in such program, and such salary or hourly adjustment shall be based upon the salary or hourly rate of such

employee without regard to the reduction authorized by the Education Law.

Section 11 of the bill would authorize and direct the Comptroller, at the request of the Director of the Budget and in accordance with section 4 of the State Finance Law, to transfer up to $282,000 from the general fund to the environmental conservation fund (301) to carry out the provisions of section 13 of this act.

Section 12 of the bill would authorize and direct the Comptroller, at the request of the Director of the Budget and in accordance with section 4 of the State Finance Law, to transfer up to $2,769,000 from the general fund to the special revenue fund (339) to carry out the provisions of section 13 of this act.

Section 13 of the bill would appropriate monies to pay for the personal and non-personal services in this bill, in accordance with the Agreement.

Existing Law:

L. 2000, c. 72 establishes the current compensation system for members of this Unit.

Statement in Support:

This bill is necessary to implement the terms of a collective bargaining agreement between the Executive Branch of the State of New York and the United University Professions, the employee organization that represents employees in the various lifeguard titles that are a part of the Professional Services Negotiating Unit, which was entered into pursuant to Article 14 of the Civil Service Law.

Budget Implications:

This bill would provide appropriations totaling approximately $84,457,000 million (General Fund of approximately $5,294,000 million) to pay for the cost of the Agreement during the period April 1, 2003 through July 1, 2016.

Effective Date:

This bill would take effect immediately and would-be deemed to have been in full force and effect on and after April 1, 2003.


Text

STATE OF NEW YORK ________________________________________________________________________ 5808 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________
Introduced by Sen. SAVINO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT implementing an agreement between the state and an employee organization; providing for the adjustment of salaries or hourly rates of certain incumbents in the professional services negotiating unit; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Definitions. 1. For purposes of this act, "eligible unit members" means those members of the collective negotiating unit desig- nated as the professional services negotiating unit established pursuant to article 14 of the civil service law that are in lifeguard titles and who are in positions designated as part of bargaining unit 68. 2. For purposes of this act, "the agreement" means a collectively negotiated agreement entered into in 2013 between the state and the employee organization representing eligible unit members of the profes- sional services negotiating unit as designated in subdivision 1 of this section. 3. For purposes of this act, "the employee organization" means the employee organization representing members of the professional services negotiating unit. S 2. Adjustment to salaries and hourly rates and other compensation of certain eligible unit members in the professional services negotiating unit. 1. The provisions of this section shall apply to certain eligible unit members in the professional services negotiating unit that are in life- guard titles and who are in positions designated as part of bargaining unit 68. 2. Percentage increases applicable to certain eligible unit members prior to March 31, 2011.
(a) Effective April 1, 2004, the salary or hourly rate of certain eligible unit members shall increase by two and one-half percent. (b) Effective April 1, 2005, the salary or hourly rate of certain eligible unit members shall increase by two and three-quarters percent. (c) Effective April 1, 2006, the salary or hourly rate of certain eligible unit members shall increase by three percent. (d) Effective April 1, 2007, the salary or hourly rate of certain eligible unit members shall increase by three percent. (e) Effective April 1, 2008, the salary or hourly rate of certain eligible unit members shall increase by three percent. (f) Effective April 1, 2009, the salary or hourly rate of certain eligible unit members shall increase by three percent. (g) Effective April 1, 2010, the salary or hourly rate of certain eligible unit members shall increase by four percent. (h) To be eligible for the retroactive increases set forth in para- graphs (a) through (g) of this subdivision, an eligible unit member (i) must have been in employment status on the effective date of the salary or hourly rate increase or employed during a season that commences during the fiscal year that includes such salary or hourly rate increase, and (ii) must have been in employment status on April 1, 2013 or during a season that commences in the fiscal year that includes April 1, 2013. 3. Percentage increases applicable to certain eligible unit members after March 31, 2011. (a) Effective April 1, 2014, the salary or hourly rate of certain eligible unit members shall increase by two percent. (b) Effective April 1, 2015, the salary or hourly rate of certain eligible unit members shall increase by two percent. (c) The salary or hourly rate increases set forth in paragraph (a) of this subdivision shall not be payable until the director of employee relations notifies the director of the budget that the state and the employee organization representing eligible unit members have reached an agreement on issues of mutual concern included in the "Joint Meeting Minutes between Long Island State Park and Recreation Commission and the Jones Beach Lifeguard Corp" and any other labor-management agreements between the state and the parties concerning the Jones Beach Lifeguard Corp, in accordance with the terms of the agreement. 4. In accordance with the terms of the agreement, certain eligible unit members who work at least 160 hours during the season (at least 20 days) shall be entitled to additional compensation at their hourly rate, up to a maximum of eight hours, for time worked on each of the first three days during their employment in any seasonal period (April 1 to September 30 or October 1 to March 31) which are observed as holidays by the state. Such compensation shall be paid retroactively upon completion of five weeks of work. 5. Notwithstanding any of the foregoing provisions of this section, any increase in compensation may be withheld in whole or in part from any employee to whom the provisions of this section are applicable when, in the opinion of the director of employee relations and the director of the budget, such increase is not warranted or is not appropriate. S 3. Notwithstanding any provision of law to the contrary, the appro- priations contained in this act shall be available to the state for the payment of grievance and arbitration settlements and awards pursuant to article 7 of the agreement between the state and the employee organiza- tion that covers members of the professional services negotiating unit.
S 4. The salary or hourly increases and benefit modifications, and any other modifications to the terms and conditions of employment provided for by this act for eligible unit members in the professional services negotiating unit, shall not be implemented until the director of employ- ee relations has delivered, to the director of the budget and the comp- troller, a certificate that there is in effect with respect to such negotiating unit a collectively negotiated agreement which provides for such increases and modifications and which is fully executed in writing with the state pursuant to article 14 of the civil service law, and ratified pursuant to the ratification procedure, if any, applicable to eligible unit members. S 5. Notwithstanding any inconsistent provision of law, where and to the extent that any agreement between the state and the employee organ- ization entered into pursuant to article 14 of the civil service law so provides on behalf of certain employees in the professional services negotiating unit, effective January 1, 2014, the state shall contribute an amount designated in such agreement and for the period covered by such agreement to the accounts of such eligible employees enrolled for dependent care deductions pursuant to subdivision 7 of section 201-a of the state finance law. Such amounts shall not be counted as compensation for overtime or retirement purposes. S 6. Date of entitlement to salary or hourly increase. Notwithstanding the provisions of this act or of any other law, the increase in compen- sation of any officer or employee provided by this act shall be added to the compensation of such officer or employee at the beginning of that payroll period the first day of which is nearest to the effective date of such increase as provided in this act, or at the beginning of the earlier of two payroll periods the first days of which are nearest but equally near to the effective date of such increase as provided in this act, provided, however, that for the purposes of determining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary or hourly rate increase shall be deemed to be effective on the date thereof as prescribed in this act, and the payment thereof pursuant to this section on a date prior thereto, instead of on such effective date, and shall not operate to confer any additional salary rights or benefits on such officer or employee. Payment of such salary or hourly increase may be deferred pursuant to section seven of this act. S 7. Deferred payment of salary or hourly increase. Notwithstanding the provisions of any other section of this act or of any other law, pending payment pursuant to this act of the compensation due to eligible unit members subject to this act, such members shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An eligible unit member holding a position subject to this act at any time during the period from the effective dates of the salary or hourly increases provided for in this act until the time when compensation due to eligible unit members is first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary or hourly rate to which such eligible unit member is entitled for such services and the compen- sation actually received therefor. Such lump sum payments shall be made as soon as practicable. The amounts paid under this act shall count as compensation earned during the year or years for which it is calculated and not as compensation earned wholly in the year in which it is paid.
Notwithstanding any law, rule or regulation to the contrary, no member of the professional services negotiating unit to whom the provisions of this act apply shall be entitled to, or owed, any interest or other penalty for any reason on any monies due to such member pursuant to the terms of this act and the terms of the agreement covering certain employees in the professional services negotiating unit. S 8. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 2013, by the provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agen- cy for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations are insuffi- cient in any fund to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various depart- ments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. The aforementioned appropriations shall be available for payment of any liabilities or obligations incurred prior to April 1, 2013 in addition to current liabilities. S 9. Payment from special or administrative funds. If the compensation to which officers and employees of the state are otherwise entitled is payable from a special or administrative fund or funds of the state, other than the general fund or the capital projects fund of the state, the increase in compensation to which such officers or employees are entitled under this act shall be payable from such other fund or funds in the same manner as such other compensation. If the amounts appropri- ated or allocable from such other fund or funds are insufficient to accomplish the purposes of this act, the director of the budget is here- by authorized to allocate such additional sums from such other fund or funds as may be necessary therefor. S 10. Effect of participation in special annuity program. No employee participating in a special annuity program pursuant to the provisions of article 8-C of the education law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary or hourly adjustment to which such officer or employee would otherwise be entitled by reason of participation in such program, and such salary or hourly adjustment shall be based upon the salary or hourly rate of such officer or employee without regard to the reduction authorized by said article. S 11. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, upon request of the director of the budget, the comptroller is hereby authorized and directed to transfer up to $282,000 from the general fund to the environmental conservation fund (301) to carry out the provisions of section thirteen of this act. S 12. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, upon request of the director of the budget, the comptroller is hereby authorized and directed to transfer up to $2,769,000 from the general fund to the special revenue fund (339), subfund 22163, to carry out the provisions of section thirteen of this act. S 13. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as hereinafter set forth, or so much thereof as may be neces- sary, are hereby appropriated from the fund so designated for use by any state department or agency, for the fiscal year beginning April 1, 2013, to supplement appropriations available for fringe benefits, and to carry out the provisions of this act. The monies hereby appropriated are
available for payment of any liabilities or obligations incurred prior to April 1, 2013 in addition to liabilities or obligations associated with the fiscal year commencing April 1, 2013. No money shall be avail- able for expenditure from this appropriation until a certificate of approval of availability has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chair of the senate finance committee and the chair of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES General Fund / State Operations State Purposes Account 003 PERSONAL SERVICE Personal service - regular ..................... 4,714,000 NONPERSONAL SERVICES Fringe Benefits .................................. 580,000 Special Revenue Funds - Other Environmental Conservation Special Revenue Fund - 301 PERSONAL SERVICE Personal service - regular ....................... 254,000 NONPERSONAL SERVICE Fringe Benefits ................................... 28,000 Special Revenue Funds - Other Miscellaneous State Special Revenue Fund - 339 PERSONAL SERVICE Personal service - regular ..................... 2,612,000 NONPERSONAL SERVICE Fringe Benefits .................................. 269,000 S 14. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2003.

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