Relates to compensation, benefits and other terms of employment of certain state officers and employees who are members of the security supervisors unit; appropriation

Summary of provisions

Section 1 of the bill would repeal CSL § 130(1)(j) and add a new CSL 130(1)(j), to provide for the application of salary schedules to those members of the Unit who are employed by the State Department of Correc- tional Services ("DOCS") and are designated as peace officers pursuant to Criminal Procedure Law ("CPL") § 2.10(25) who are eligible for arbi- tration ("the arbitration-eligible members").

Section 2 of the bill would repeal CSL §§ 130(1)(b)(1), (2), (3), (4) and (5) and add new CSL §§ 130(1)(b)(1), (2), (3), (4) and (5), to provide for the application of salary schedules to those members of the Unit who are not eligible for binding interest arbitration pursuant to CSL § 209(4) (the "arbitration-ineligible members").

Section 3 of the bill would amend State Finance Law ("SFL") §207-a(2-a) to continue employer payments to the employee benefit fund established by Council 82, the employee organization representing members of the Unit, pursuant to the terms of the Agreement, for the benefit of all members of the Unit, in the amounts agreed to by the parties, in each year of the Agreement.

Section 4 of the bill would provide for increases in the compensation applicable to certain members of the Unit, in accordance with the terms of the Agreement, as follows:

* Paragraph (1) of section 4 would provide that the section applies to all full-time members of the Unit.

* Paragraph (2) of section 4 would provide all members of the Unit with a 3% increase in compensation over and above the annual salary they received as of March 31,2007, effective April 1, 2007. * Paragraph (3) of section 4 would provide all members of the Unit with a 3% increase in compensation over and above the annual salary they received as of March 31, 2008, effective April 1, 2008. * Paragraph (4) of section 4 would provide performance advance payments to all members of the Unit within their salary grades pursuant to CSL 131 (6). * Paragraph (5) of section 4 would provide that all members of the Unit who are eligible for the 10, 15, 20 and 25-year longevity step payments would receive such payments as prescribed by CSL §§ 130(1)(J)(1) or (2) or CSL §§ 130(1)(b)(1) or (2). * Paragraph (6) of section 4 would provide that where the salary of any member of the Unit covered by this section is identical with either the hiring rate; performance advance steps 1,2,3,4 or 5; the job rate; or the 10, 15, 20 or 25-year longevity step as of March 31 of either 2007 or 2008, such member's basic annual salary would be increased to the corresponding hiring rate, performance advance step, job rate or longev- ity step as of April 1 of the same year. * Paragraph (7) of section 4 would afford unencumbered or newly created positions within the Unit the same treatment as encumbered and currently existing positions under this section, and would provide that the Direc- tor of the Budget may reduce the salary of any position in the Unit which is or becomes vacant. * Paragraph (8) of section 4 would provide that the increases payable pursuant to this section shall apply on a prorated basis to eligible members of the Unit who are paid on an hourly or per diem basis and members serving on a part-time or seasonal basis. * Paragraph (9) of section 4 would provide that the increases payable pursuant to this section shall not apply to members of the Unit who are paid on a fee schedule basis. * Paragraph (10) of section 4 would give the Director of the Budget the discretion to apply the appropriate increases provided for in this section to eligible members of the Unit who are in positions that are not allocated to salary grades. * Paragraph (11) of section 4 would give the Director of the Budget and the Director of Employee Relations the discretion to withhold all or a portion of a Unit member's general salary increase, when such increase is not warranted or is not appropriate.

Section 5 of the bill would continue the additional compensation paid to all full-time annual salaried members of the Unit for assembling for briefing prior to the commencement of duties ("pre-shift briefing") in accordance with the terms of the Agreement and CSL § 134(5); would provide that members of the Unit who are in non-pay status for the day would not receive such pre-shift briefing compensation; and would provide that pre-shift briefing compensation would be excluded from a Unit member's annual salary as overtime pay, but included for retirement purposes.

Section 6 of the bill would provide for an annual increase of 3% on April 1, 2007 and April 1, 2008, to the amounts of $1,545 and $1,591, respectively, for command pay received by the arbitration eligible members of the Unit in recognition of the command duties and responsi- bilities performed with regard to infectious disease, mental health, crime scene control, prisoner transport and other inter-agency issues which arise in DOCS facilities.

Section 7 of the bill authorizes and continues certain payments in lieu of overtime compensation where the State Director of the Budget has determined that an employee otherwise ineligible to receive overtime compensation may receive overtime compensation.

Section 8 of the bill would provide arbitration-ineligible members of the Unit with an annual 3% increase in the collectively negotiated payment for uniform cleaning, to the amount of $642 per year, effective December 1, 2007 and to the amount of $661, effective December 1, 2008.

Section 9 of the bill would continue and increase the location pay bene- fit for arbitration-ineligible members of the Unit, as follows:

* 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 would receive a 3% increase in location pay to $1,500 per year, effective April 1, 2007, and $1,545 per year, effective April 1 ,2008. * Arbitration-ineligible members of the Unit whose official work station is in the County of Monroe who on March 31, 1985 were eligible to receive location compensation would be eligible for continued location pay at a rate of $203 per year. * Arbitration-ineligible members of the Unit whose official work station is located in Orange County, Putnam County or Dutchess County would receive a 3% increase in location pay to $800 per year, effective April 1 ,2007, and $824 per year, effective April 1, 2008.

Section 10 of the bill would continue and increase by 3%, effective April 1, 2007, the location pay benefit for arbitration-eligible members of the Unit whose official work station is in New York City, Nassau County, Suffolk County, Westchester County, Rockland County, Orange County, Putnam County or Dutchess County, as follows:

Orange, Putnam, Dutchess $1,160 NYC, Rockland, Westchester $3,117 Nassau, Suffolk $3,186

Effective April 1, 2008, the location pay benefit for arbitration-eligible members would increase by 3%, as follows:

Orange, Putnam, Dutchess $1,195 NYC, Rockland, Westchester $3,210 Nassau, Suffolk $3,281

Section 11 of the bill would continue the payment of location compensation for certain employees of the Hudson Valley Developmental Disabilities Services Office who currently receive location pay in accordance with specified provisions of law.

Section 12 of the bill would increase by 3% annually the facility security supervisor pay for arbitration-ineligible members of the Unit, to $515, effective April 1, 2007, and to $530, effective April 1, 2008, in recognition of such members' supervisory responsibilities. This payment would be equally divided over 26 payroll periods in each fiscal year and count as compensation for overtime and retirement purposes.

Section 13 of the bill would increase by 3% annually the security enforcement differential for arbitration-ineligible members of the Unit, to $643 effective April 1, 2007, and to $662 effective April 1, 2008. This payment would be equally divided over 26 payroll periods in each fiscal year and count as compensation for overtime and retirement purposes.

Section 14 of the bill would continue the inconvenience pay program for the arbitration 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 would increase inconvenience pay by 3% to $567, effective April 1, 2007, and to $584, effective April 1, 2008.

Section 15 of the bill would continue the inconvenience payments for arbitration-eligible members in the amount of $1,800 for members who work the evening shift and in the amount $900 for members who work the night shift.

Section 16 of the bill would continue premium, maintenance and command compensation, where appropriate, to arbitration-ineligible members of the Unit.

Section 17 of the bill would require the State, in accordance with the terms of the Agreement, to contribute designated amounts to the accounts of eligible employees who are enrolled for dependent care deductions pursuant to SFL § 201-a(7).

Section 18 of the bill would continue the state-wide joint labor-management committee for the period April 1, 2007 through March 31, 2009, with funding in the amounts provided in the Agreement.

Section 19 of the bill would provide for a 3% annual increase in funding for the DCAA, LifeWorks, and Directions family benefit programs for members of the Unit, effective April 1, 2007 and April 1, 2008.

Section 20 of the bill would provide for a 3% annual increase in funding for certain educational and training programs, effective March 31, 2007 and March 31, 2008.

Section 21 of the bill would make the appropriations contained in this bill available to the State for the payment and publication of grievance and arbitration settlements and awards.

Section 22 of the bill would continue to exempt the salaries of newly hired members of the Unit from the imposition of "deferred payment," pursuant to SFL § 200(2-a).

Section 23 of the bill would provide that the salary increases and benefit modifications provided herein for applicable members of the Unit would not be implemented until there is a fully executed collective bargaining agreement between the State and the employee organization representing employees in the Unit that has been ratified by the applicable membership of the employee organization.

Section 24 of the bill would fix the date upon which eligible members of the Unit would receive the salary increases and deferred payment of salary increases provided for by the Agreement.

Section 25 of the bill would provide a lump-sum payment to each incumbent member of the Unit to cover the difference between the salary such member would receive subsequent to the enactment of this bill as compared with the salary that such members received prior to its enactment.

Section 26 of the bill would authorize the State Comptroller to pay any amounts required by the provisions of this bill.

Section 27 of the bill would appropriate monies to pay for personal services, nonpersonal services and to carry out the provisions of this bill.

Section 28 of the bill would make it effective immediately and deem it to have been in full force and effect on and after April 1, 2007.

Existing law

Chapter 375 of the Laws of 2007 sets forth terms and conditions of employment for arbitration-ineligible members of the Unit arising out of the collective bargaining agreement between the State of New York and Council 82 for the period of April 1, 2003 through March 31, 2007.

Chapter 213 of the Laws of 2009 sets forth terms and conditions of employment directly relating to compensation resulting from an interest arbitration award for arbitration-eligible members of the Unit for the period of April 1, 2005 through March 31, 2007.

Civil Service Law § 130(1)(b) establishes the current salary and longevity schedules for arbitration-ineligible members of the Unit.

Civil Service Law § 130(1)(j) establishes the current salary and longevity schedules for arbitration-eligible members of the Unit.

Civil Service Law § 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 is necessary to implement the terms of a collective bargaining agreement between the Executive Branch of the State and Council 82, the employee organization representing members of the Unit, entered into pursuant to CSL Article 14.

Budget implications

This bill would provide appropriations totaling approximately $12.86 million (General Fund of approximately $11.41 million) to pay for the cost of the Agreement, which covers the period of April 1, 2007 to March 31, 2009, through March 31, 2011. The 2010-11 Executive Budget accommodates the costs associated with this bill.

Effective date

This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2007