MEMORANDUM OF INTERPRETATION
BETWEEN
THE STATE OF NEW YORK
AND
THE PUBLIC EMPLOYEES FEDERATION
CONCERNING
SEASONAL EMPLOYEES

1. The following provisions of the 1995-99 Agreement between the State and the Public Employees Federation, AFL-CIO representing employees in the Professional, Scientific and Technical Services Unit shall, to the extent they are applicable, be applied to employees in that unit in positions designated as "seasonal" positions:

   Article No.	Article
   	Bill of Rights
   1	Recognition
   2	Statement of Policy and Purpose
   3	Unchallenged Representation
   4.1-4.5	Employee Organization Rights
   5	Management Rights
   6	No Strikes
   8	Travel
   9	Health Insurance
   10	Employee Assistance Program
   11	Accidental Death Benefit
   12.4	Vacation Credit Accumulation
   12.5	Additional Vacation Credit
   12.7	Vacation Use
   12.8	Sick Leave Accumulation
   12.9	Use of Sick Leave
   12.10	Personal Leave Accumulation
   12.11	Use of Personal Leave
   12.12	Accounting of Time Accruals
   12.13	Absence-Extraordinary Circumstances
   12.14	Tardiness for Members of Volunteer Fire Departments, Volunteer Ambulance Services and Enrolled Civil Defense and Civil Air Patrol Volunteers
   12.18	Leave for Bereavement or Family Illness
   14	Professional Development and Quality of Working Life Coordinating Committee
   15	Professional Development Committee
   18	Health and Safety
   19	Parking
   20	Review of Personal History Folder
   22	Protection of Employees
   24	Labor/Management Committee Process
   26	Institution Teachers
   27	Reimbursement for Property Damage
   28	Distribution of Directives, Bulletins or Instructions
   29	Emergency First Aid
   30	Verification of Doctor's Statement
   32.5	Workweek and Workday
   33	Discipline
   34	Grievance and Arbitration
   35	Resignation
   36	No Discrimination
   37	Indemnification
   38	Overtime Meal Allowances
   39	Clinical Privileging and Credentialing
   40	Credit Union Space
   41.3 & 41.4	Payroll
   42	Child Care Centers
   43	Printing of Agreement
   44	Joint Committee on Institutional Issues
   45	Benefits Guaranteed
   46	Conclusion of Collective Negotiations
   47	Severability
   48	Approval of Legislature
   49	Duration of Agreement

2. Compensation

   1. Lump Sum Payments
      Lump Sum Payment for Fiscal Year 1996-97

      Eligibility for a portion of the $550 lump sum payment shall extend to seasonal employees in employment status on March 31, 1996 who have a total time in pay status of six (6) months or more during the preceding fiscal year; this six months of pay status shall be called the "qualifying period." For employees with more than six months of total time in pay status, the qualifying period shall be the last such six months in the respective fiscal year. Such employees paid on an hourly, per diem, or annual salaried basis who:

      • work a minimum of one-quarter time, but less than half-time, during their qualifying period shall receive $137.50;

      • work a minimum of half-time, but less than three-quarters time, during their qualifying period shall receive $275;

      • work a minimum of three-quarters time, but less than full-time, during their qualifying period shall receive $412.50;

      • work the equivalent of full-time during their qualifying period shall receive $550.

      Such section shall not apply to employees paid on a fee schedule.

      Lump Sum Payment for Fiscal Year 1997-98

      Eligibility for a portion of the $700 lump sum payment shall extend to seasonal employees in employment status on March 31, 1997 who have a total time in pay status of six (6) months or more during the preceding fiscal year; this six months of pay status shall be called the "qualifying period." For employees with more than six months of total time in pay status, the qualifying period shall be the last such six months in the respective fiscal year. Such employees paid on an hourly, per diem, or annual salaried basis who:

      • work a minimum of one-quarter time, but less than half-time, during their qualifying period shall receive $175;

      • work a minimum of half-time, but less than three-quarters time, during their qualifying period shall receive $350;

      • work a minimum of three-quarters time, but less than full-time, during their qualifying period shall receive $525;

      • work the equivalent of full-time during their qualifying period shall receive $700.

      Such section shall not apply to employees paid on a fee schedule.

   2. Salary Increases

      Salary Increase for Fiscal Year 1997-98

      1. Effective on October 2, 1997 for employees on the administrative payroll and September 25, 1997 for employees on the institutional payroll, the basic annual salary of employees in employment status on October 1, 1997 and September 24, 1997, respectively, shall be increased by three and one-half (3.5) percent.

      2. Seasonal employees, not on the payroll on October 1, 1997 or September 24, 1997, as appropriate, but who were employed on a seasonal basis in fiscal year 1996-97 and become reemployed during the 1997-98 fiscal year, will be eligible for an increase of three and one-half (3.5) percent effective on October 2, 1997 for employees on the administrative payroll and September 25, 1997 for employees on the institutional payroll or the date of hire, whichever is later.

      Salary Increase for Fiscal Year 1998-99

      1. Effective on October 1, 1998 for employees on the administrative payroll and September 24, 1998 for employees on the institutional payroll, the basic annual salary of employees in employment status on September 30, 1998 and September 23, 1998, respectively, shall be increased by three and one-half (3.5) percent.

      2. Seasonal employees, not on the payroll on September 30, 1998 or September 23, 1998, as appropriate, but who were employed on a seasonal basis in fiscal year 1997-98 and become reemployed during the 1998-99 fiscal year, will be eligible for an increase of three and one-half (3.5) percent effective on October 1, 1998 for employees on the administrative payroll and September 24, 1998 for employees on the institutional payroll or the date of hire, whichever is later.

   3. Effect of Minimum Wage Level

      If during the term of this Agreement the rate of compensation of any employee in a seasonal position is increased at the discretion of the Director of the Budget for the purpose of making such rate equal to the Federal minimum wage level, the provisions of Paragraphs A and B above shall be applied to such seasonal employee in the following manner:

      1. The seasonal employee's rate of compensation shall remain at the adjusted rate established by the Director of the Budget from the effective date established by the Director of the Budget until the date of the next general salary increase provided for in Paragraphs A or B.

      2. Effective on the effective date of the next general salary increase provided for in Paragraphs A or B such employee's rate of compensation shall be either the adjusted rate established by the Director of the Budget; or his/her rate prior to the adjustment, increased by the percentage provided for in the applicable paragraph, whichever is higher.

   4. Hourly and Per Diem

      All of the above provisions shall apply on a pro rata basis to seasonal employees paid on an hourly or per diem basis or on any basis other than at an annual rate, or to seasonal employees paid on a part-time basis. The above provisions shall not apply to seasonal employees paid on a fee schedule.

   5. Holiday Compensation

      A seasonal employee regularly employed on a 37 1/2 or 40 hour per week basis who works at least 25 days during the season will be entitled to additional compensation at his/her hourly rate, up to a maximum of eight hours, for time worked on each of the first two (2) days during his/her employment in any seasonal period (4/1 to 9/30 and 10/1 to 3/31) which are observed as holidays by the State, provided he/she works on the workday before or the workday after such date in accordance with his/her regular schedule. Such compensation shall be paid retroactive upon completion of five weeks of work.

      A seasonal employee who is entitled to time off with pay on days observed as holidays by the State as an employer and who has been scheduled or directed to work will receive additional compensation for time worked on such days.

   6. Workers' Compensation Leave with Pay

      A seasonal employee covered by the Attendance Rules shall be covered by Article 13 of the State/PEF Agreement.

October 2, 1995

James J. Sheedy, President
Public Employees Federation, AFL-CIO
1168-70 Troy-Schenectady Road
P.O. Box 12414
Albany, New York 12212-2414

Dear Mr. Sheedy:

This will continue the agreement reached during the course of negotiation of the 1988-91 State/PEF Agreement concerning Employee Organization Rights, Article 4, Section 4.6 of the Agreement.

Section 4.6 stipulates that the State will provide PEF with certain information on employees. The State agrees to provide PEF with any additional payroll data as is generally provided to employee organizations representing State employees.

Sincerely,

Allen C. DeMarco
Deputy Director, Governor's
Office of Employee Relations

Countersigned for PEF:

James J. Sheedy
President

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF NEW YORK
("THE STATE")
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO
("PEF")

Pursuant to the agreement reached during the course of negotiation of the 1985-88 State/PEF Agreement, the parties hereto have met and have discharged their commitment to devlop an indexing formula to adjust rates employees pay for State-provided meals and housing. As a result of these deliberations, the parties have agreed to the modifications of the terms and conditions of employment relating to the rates employees pay for meals and housing provided by the State as set forth below in this Memorandum of Understanding. The provisions of this Memorandum of Understanding supersede and replace any provisions of the State/PEF Agreement which are affected by the provisions herein.

This Memorandum of Understanding is entered into between the State of New York and PEF for the purpose of establishing a method by which the rates employees pay for meals and housing provided by the State will be calculated.

Accordingly, commencing on April 1, 1988, and effective each April 1, thereafter, the rate employees pay for meals and housing provided by the State in effect on the immediately preceding March 31 shall be adjusted by the following:

1. For meal charges - the rate shall be adjusted by the CPI-U, United States, "Food away from Home" component, for the period October-September, published by the Bureau of Labor Statistics, U. S. Department of Labor.

2. For housing charges - the rate shall be adjusted by the CPI-U, United States, "Rent, Residential" component, for the period October-September, published by the Bureau of Labor Statistics, U. S. Department of Labor.

From the effective date of this MOU henceforth, the appropriateness of the above indices shall be subject to review one time during the term of each successor agreement to the 1988-91 Agreement, upon the request of either party.

MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF NEW YORK
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO

1. In accordance with the provisions of Article 19, Section 19.3 of the 1988-91 Agreement between the State and PEF, the Executive Branch of the State of New York (hereinafter "the State") and the Public Employees Federation, AFL-CIO (hereinafter "PEF"), hereby enter into this agreement concerning the fees for parking by employees in parking facilities operated in and around Albany by the Office of General Services, Bureau of Parking Services. (See attachment of list of facilities currently in operation.)

   In the event that new parking facilities not currently provided by the State are provided under the auspices of the Bureau of Parking Services, these fee schedules will apply.

2. This Memorandum of Agreement shall be effective as of the date of its execution and shall remain in effect until or unless it is superseded by a successor agreement between the parties.

3. The monthly fees for employee parking at each of the parking facilities covered by this Agreement shall continue as follows unless modified by terms of this Memorandum or by other agreements to provide additional parking space that affect these rates:

   Surface Parking	-$7.00
   Covered Parking	-$14.00
   Covered/Reserved Parking	-$28.00

4. In the final quarter of each fiscal year of this agreement the State shall establish a fee schedule to be in effect in the next fiscal year, and when supplemented by net visitor revenue will recover the operating costs of employee parking, which includes maintenance and rehabilitation and any centralized services fund accrued deficit attributable to the Bureau of Parking Services.

   In no event, however, will the total fee schedule increase more than $1 for surface parking, $2 for covered parking and $4 for covered reserved parking in any fiscal year due to the above.

   This cap on annual fee increases shall continue in effect through the fiscal year ending March 31, 1991.

5. Should the parking fee schedule be amended, successive rate changes will be effective on April 1 of each year, or on another date mutually agreed to by the parties. The amended fee schedules shall continue the same proportions as established above between the fees for surface, covered and covered/reserved parking.

6. Should any new parking facilities be contstructed by the Bureau of Parking Services, the parking fees shall, if necessary be increased over and above any increase required under sections 4 and 5 above. Such new fees may apply to all existing Bureau of Parking Services facilities. If it is necessary to finance construction of new facilities from the General Fund, parking fee increases will be designed to recoup such loans. No such afcility construction or associated fee increase shall occur, however, except pursuant to a written agreement between the parties for the specific facility proposed.

7. The State shall continue to provide PEF a quarterly report of expenses and revenues of the Bureau of Parking Services in the Centralized Services Fund.