Relates to compensation, benefits and other terms of conditions of employment; repealer; appropriation

Summary of provisions

Section 1 of the bill would repeal the current Civil Service Law ("CSL") § 130(1)(f) and replace it with a new CSL § 130(1)(f) to establish new salary schedules for members of the Unit who are ineligible for binding interest arbitration pursuant to CSL § 209(4) ("arbitration-ineligible members").

Section 2(1) of the bill would set forth the applicability of the provisions of section 2 to arbitration-ineligible members of the Unit who are full-time annual salaried officers and employees.

Sections 2(2) and 2(3) of the bill would provide for a 3% increase in the basic annual salary of arbitration-ineligible members of the Unit, effective April 1, 2007 and April 1, 2008, respectively.

Section 2(4) of the bill would provide performance advancement payments to arbitration-ineligible members of the Unit, within their salary grades, pursuant to CSL § 131(6) and the Agreement.

Section 2(5) of the bill would fix the 1O-year, 15-year, 20-year, and 25-year longevity step payments for arbitration-ineligible members of the Unit in accordance with the amounts prescribed by CSL § 130(1)(f), as added by section 1 of this bill and the Agreement.

Section 2(6) of the bill would provide that where the salary of an arbitration-ineligible member of the Unit is identical to the hiring rate, performance advance steps 1, 2,3, 4 or 5, the job rate, or the 10-year, 15-year, 20-year or 25-year longevity step as of March 31, 2007 or March 31, 2008, such member's basic annual salary would be increased to the corresponding hiring rate, performance advance step, job rate or longevity step as of April 1 of the same year.

Section 2(7) of the bill would provide that unencumbered or newly created positions within the Unit would be treated the same as encumbered and currently existing positions, and that the Director of the Budget may reduce the salary of any such position which is or becomes vacant.

Section 2(8) of the bill would provide that the salary increases payable pursuant to section 2 of the bill would apply on a prorated basis to arbitration-ineligible members of the Unit who are paid on an hourly or per diem basis, who are serving on a part-time or seasonal basis and who are paid on any basis other than at an annual salaried rate; except that the provisions of section 2(7) of the bill would not apply to employees serving on a seasonal basis, except as determined by the Director of the Budget.

Section 2(9) of the bill would provide that the increases payable pursuant to section 2 of the bill would not apply to members of the Unit who are paid on a fee schedule basis.

Section 2(10) of the bill would authorize the Director of the Budget to apply the appropriate increases provided for in section 2 of the bill to arbitration-ineligible members of the Unit who are in positions that are not allocated to salary grades.

Section 2(11) of the bill would provide that any increase in compensation may be withheld in whole or in part from arbitration-ineligible members of the Unit to whom section 2 of the bill applies where, in the opinion of the Director of the Budget and the Director of Employee Relations, such increase is not warranted or is not appropriate.

Section 3(1) of the bill would provide additional compensation to arbitration-ineligible members of the Unit who are in full time annual salaried employment status in recognition of the requirement that such employees assemble for briefing prior to the commencement of duties. Each such employee (except one who receives additional compensation pursuant to CSL § 134(5)) would receive additional compensation for pre-shift briefing in accordance with the terms of the Agreement, which would be paid in addition to such employee's basic annual salary.

Section 3(2) of the bill would provide additional compensation to members of the Unit who are employed within DOCS and who are designated as peace officers pursuant to CPL § 2.10, in recognition of the requirement that such employees assemble for briefing prior to the commencement of duties, in accordance with a determination by an arbitration panel. Each such employee (except one who receives additional compensation pursuant to CSL § 134(5)) would receive a minimum of $4.80 per day; effective April 1, 2010, such amount would be increased to $8 per day. Each such employee would be guaranteed a minimum of $24 per week in addition to base pay; effective April 1, 2010, such amount would increase to a minimum of $40 per week in addition to base pay.

Section 4 of the bill would authorize and continue certain payments in lieu of overtime compensation where the Director of the Budget has determined an employee otherwise ineligible to receive overtime compensation may receive overtime compensation.

Section 5 of the bill would provide an annual 3% increase in the uniform allowance for arbitration-ineligible members of the Unit, which would increase to $642 effective December 1, 2007 and to $661 effective December 1, 2008, payable on December 1 of each year.

Section 6 of the bill would continue and provide a 3% increase in the location pay benefit for arbitration-ineligible members of the Unit whose official work station is located in New York City, Nassau County, Suffolk County, Westchester County, or Rockland County to $1,500 on April 1, 2007 and to $1,545 on April 1, 2008. Location pay for eligible members whose official work station is located in Orange County, Putnam County, Dutchess County would increase by 3% to $800 on April 1, 2007 and to $824 on April 1, 2008. Eligible members in Monroe County would continue to receive $203 per year.

Section 7 of the bill would continue locational compensation for certain employees of the Hudson Valley Developmental Disabilities Services Office who currently receive locational pay in accordance with specified provisions of law.

Section 8 of the bill would continue and provide a 3% annual increase in the annual facility security pay for arbitration-ineligible members of the Unit, which would increase to $515 effective April 1, 2007, and $530 effective April 1, 2008.

Section 9 of the bill would continue and provide a 3% annual increase in the security enforcement differential for the arbitration-ineligible members of the Unit, which would increase to $643 effective April 1, 2007 and $662 effective April 1, 2008.

Section 10 of the bill would continue the inconvenience pay program for arbitraion-ineligible members of the Unit who work shifts between the hours of 6:00 p.m. and 6:00 a.m. (except on an overtime basis) and increase the annual inconvenience pay provided to such employees by 3% to $567 per year effective April 1, 2007, and $584 per year effective April 1, 2008.

Section 11 of the bill would require the State, to the extent provided in the Agreement, to contribute designated amounts to the accounts of eligible employees who are enrolled for dependent care deductions pursuant to State Finance Law § 201-a(7).

Section 12 of the bill would continue for the period April 1, 2007, through March 31, 2009, the state-wide joint labor-management committee, which would be administered pursuant to the Agreement, to study and make recommendations concerning major issues of employee assistance, performance evaluation, training, and review of quality of work life efforts.

Section 13 of the bill would make the appropriations contained in the bill available for the payment and publication of grievance and arbitration settlements and awards.

Section 14 of the bill would condition the salary increases and benefit modifications provided in this bill on the existence of a fully executed and ratified Agreement providing for such increases and modifications.

Section 15 of the bill would establish the date upon which arbitration-ineligible members of the Unit would receive the salary or compensation increases provided by this bill.

Section 16 of the bill would provide a lump-sum payment to incumbent arbitration-ineligible members of the Unit to cover the difference between the salary such members would receive subsequent to the enactment of this bill and the salary that such Unit members actually received prior to enactment of this bill.

Section 17 of the bill would authorize the Comptroller to pay any amounts required by the provisions of this bill during the fiscal year commencing April 1, 2010.

Section 18 of the bill would appropriate monies to pay for personal service, other than personal service and fringe benefits, and to carry out the provisions of this bill.

Section 19 of the bill would make it effective immediately and would deem it to have been in full force and effect on and after April 1, 2007.

Existing law

Chapter 688 of the Laws of 2007 implements the terms and conditions of employment for arbitration-ineligible members of the Unit set forth in the collective bargaining agreement between the State and NYSCOPBA for the period of April 1, 2003 through March 31, 2007.

Chapter 113 of the Laws of 2006 implements the terms and conditions of employment for members of the Unit who are eligible for binding arbitration, for the period of April 1, 2003 through March 31, 2007. Chapter 214 of the Laws of 2009 implements the terms and conditions of employment for members of the Unit who are eligible for binding arbitration, for the period of April 1, 2007 through March 31, 2009.

CSL § 130(1) sets forth the current salary schedules and longevity schedules for arbitration-ineligible members of the Unit.

CSL § 131(6) sets forth the performance advancement payment.

CSL § 134(5) establishes additional compensation for employees in any positions ineligible for overtime who are required to work beyond a normal work week.

Statement in support

This bill would implement the terms of the Agreement covering the arbitration-ineligible members of the Unit represented by NYSCOPBA. Those covered by the Agreement include employees in the titles of Safety and Security Officer, Security Services Assistant, and Security Hospital Treatment Assistant ("SHTA"). Safety and Security Officers and Security Services Assistants guard, patrol and inspect various public facilities and perform other security-related duties. SHTAs implement treatment goals through therapeutic interaction with patients and provide safety and security for the dangerous mentally ill, and perform other tasks related to such individuals.

The prior agreement covering these employees expired on March 31, 2007. On December 18, 2009, the State entered into the Agreement with NYSCOPBA, who represents these employees. The Agreement was ratified on January 11, 2010. It covers the period between April 1, 2007 and March 31, 2009. Among other provisions, the Agreement provides for salary increases of 3% on April 1, 2007 and 3% on April 1, 2008, which will be paid retroactively in a lump sum to the represented individuals.

Under Article 14 of the CSL, the Agreement is binding on all parties to it. This bill incorporates the terms of the Agreement relating to

compensation, and it appropriates funds necessary to pay for the Agreement, in accordance with the State's obligations.

This bill would also implement the terms of an amendment to the summary of award issued on April 30, 2009, with respect to pre-shift briefing compensation for members of the Unit who are employed within the DOCS and designated as peace officers pursuant to CPL § 2.1O.

Budget implications

This bill would provide All Funds appropriations totaling approximately $41.42 million (General Fund of approximately $9.50 million) to pay for the cost of the Agreement, which covers the period of April 1, 2007 through March 31, 2009, through March 31, 2010, and carry out the provisions of this bill. The 2010-11 financial plan accommodates the costs associated with this bill.

Effective date

Immediately.