NYSGOER  |  Labor Relations  |  Current State-Union Contracts  |  Article 11: Compensation

Article 11

Compensation

Certain terms of this Article apply only to employees who are ineligible for Interest Arbitration pursuant to Civil Service Law Section 209(4) on the date of the execution of this Agreement, indicated by (Non-Interest Arbitration employees only).

11.1 Legislation

The Employer shall prepare, secure introduction and recommend passage by the Legislature of appropriate legislation in order to provide the benefits described in this Article.

11.2 General Salary Increase (for Non-Interest Arbitration employees only)

1. Lump Sum Payment
   Each employee who was in full-time employment status on March 31, 2004, and who had six months or more continuous service as defined by Section 130.3(c) of the Civil Service Law shall be paid as soon as practicable after the ratification of this Agreement a lump sum payment in the amount of $800, not to be added to basic annual salary. Employees who are otherwise eligible but who were not on the payroll on March 31, 2004, but who return to the payroll during fiscal year 2004-05 without a break in service shall be eligible for such payment upon return to the payroll.

2. Salary Increase for Fiscal Year 2004-05
   Effective April 1, 2004, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2004, will be increased by 2.5 percent.^*

3. Salary Increase for Fiscal Year 2005-06
   Effective April 1, 2005, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2005, will be increased by 2.75 percent.^* The salary schedule for employees shall be amended to reflect the increase provided herein.

4. Salary Increase for Fiscal Year 2006-07
   Effective April 1, 2006, the basic annual salary of employees in full-time annual salaried employment status on March 31, 2006, will be increased by 3 percent.^* The salary schedule for employees shall be amended to reflect the increase provided herein.

5. Effective March 31, 2007, the basic annual salary of employees in full-time annual salaried employment status on March 30, 2007, will be increased by $800.^* The salary schedule for employees shall be amended to reflect the increase provided herein.

6. Other Than Annual Salary Employees
   The above provisions shall apply on a prorated basis to employees paid on an hourly or per diem basis or on any basis other than at an annual salary rate or to an employee serving on a part-time basis.

11.3 Advancement within a Salary Grade

1. An employee whose salary is below the job rate is eligible to be considered for a performance advancement payment. Such employee is eligible to receive a performance advancement payment effective April 1^* provided the employee had 100 workdays of actual service in grade during the preceding fiscal year. An employee may not exceed the job rate as a result of adding the performance advancement payment.

2. Employees will advance to the job rate of the salary grade based on periodic evaluations of work performance. These evaluations will be conducted at least annually.

3. Employees are to be advanced in salary annually based on a performance evaluation of "needs improvement" or better in an amount equivalent to the dollar difference between two consecutive advancement rates. This amount of money is hereafter called the performance advancement payment and is added to basic annual salary.

4. A performance advancement payment shall be withheld from an employee who is evaluated "unsatisfactory." An individual employee may not be assigned an "unsatisfactory" rating more than twice in a row for the purpose of withholding a performance advancement payment in the employee's current salary grade.

11.4 Promotions
Employees who are promoted, or appointed to a higher salary grade will be paid at the hiring rate of the higher grade or will receive a percentage increase in base pay determined as indicated below, whichever results in a higher salary.

An employee who is promoted or appointed to a higher salary grade and whose resulting salary is between the hiring rate and the job rate of the grade shall be advanced as described above.

11.5 Movement to a Lower Salary Grade

1. Permanent employees whose positions are reclassified or reallocated to a lower salary grade will not be reduced in salary.

2. Employees except those covered above, who move to a lower salary grade will be placed at a rate in the lower grade which corresponds to their combined performance advancement in both the higher and the lower salary grades.

3. Employees who move to a lower salary grade and whose salary is below the job rate will be eligible for performance advancements to the job rate as described above.

11.6 Longevity Payments

1. (For Non-Interest Arbitration employees only) Longevity payments as set out in the salary schedule in Appendix "A" will be provided to employees upon completion of 10, 15, 20, and 25 years of continuous service. Continuous service shall mean time in a title or combination of titles which have existed and/or presently exist in the Security Services, Agency Law Enforcement Services or Security Supervisors Unit. Such payment will be added to base pay effective on the payroll period which next begins following the actual completion of 10, 15, 20, and 25 years of continuous service.

2. In no event may an employee's basic annual salary exceed the longevity maximum of the salary grade as the result of the longevity payment or adjustment.

3. Employees whose basic annual salary after the application of the general increase and implementation of the new salary schedule is above the job rate will be considered to have received longevity payments in the amount by which their basic annual salary exceeds the job rate for their grade.

4. Such longevity payments will be added to and considered part of base pay for all purposes except for determining an employee's change in salary upon movement to a different salary grade and his potential for movement to the job rate of the new grade, after which determination the appropriate longevity payments will be restored.

5. The longevity amount for all employees will be adjusted to reflect the longevity payments which are appropriate to their current salary grade.

11.7 Locational Compensation and Inconvenience Pay (for Non-Interest Arbitration employees only)

1. Downstate Adjustment

   1. Eligible employees in New York City, Nassau, Rockland, Suffolk, and Westchester Counties will receive a Downstate Adjustment in addition to their basic annual salary. Effective April 1, 2003, the amount of the Downstate Adjustment shall be $1,200.

   2. Eligible employees in Orange, Dutchess, and Putnam Counties will receive a Mid-Hudson Adjustment in addition to their basic annual salary as outlined in (3) below.

   3. After April 1, 2003, the Downstate Adjustment and the Mid-Hudson Adjustment will be as follows:

      Effective Date
      Administrative Payroll	Institutional Payroll	Downstate Adjustment	Mid-Hudson Adjustment
      March 25, 2004	April 1, 2004	$1,230	$615
      April 7, 2005	March 31, 2005	$1,264	$632
      April 6, 2006	March 30, 2006	$1,302	$651

   4. Employees in Monroe County receiving $200 location pay on March 31, 1985 will continue to receive it throughout the Agreement only as long as they are otherwise eligible.

   5. Effective April 1, 2004, the present inconvenience pay program shall be increased to $550 per year to employees who work four hours or more between 6:00 p.m. and 6:00 a.m., except on an overtime basis, will be continued as provided in Chapter 333 of the Laws of 1969 as amended.

11.8 Premium Pay

1. Upon ratification of this Agreement, the Employer shall provide premium pay for Forest Rangers III at the rate of 18 percent of their basic annual compensation.

2. If it is determined that any employee receiving premium pay pursuant to paragraph (a) above is eligible for overtime compensation under the Fair Labor Standards Act (FLSA), such premium pay for such employee shall cease when the Employer is required to commence payment of overtime compensation pursuant to the FLSA.

11.9 Pre-Shift Briefings

1. In recognition of the fact that employees, as is the present practice, are generally required to assemble for briefing for 15 minutes prior to the commencement of their tours of duty, each employee, except those employees receiving premium pay pursuant to paragraph 11.8 of this Article, shall be paid at least $1,248 per year as overtime (prorated based on length of paid service in each fiscal year) or pursuant to the Budget Director's Rules and Regulations for overtime compensation, whichever is greater. Such payment shall be in lieu of all other payments and compensation for that time worked. The Employer further agrees that when such an employee is required and authorized to assemble for briefing or lineup on a daily basis in excess of 15 minutes before the commencement of his tour of duty, such time actually worked in excess of 15 minutes shall be considered to be time worked for the purpose of computing overtime.

11.10 Security Enforcement Differential (for Non-Interest Arbitration employees only)

The employer shall provide a security and law enforcement differential to all full-time annual salaried employees in recognition of their enhanced security and law enforcement responsibilities inherent in the positions covered by this Agreement. Such payment shall be $575 for the period 4/1/03^*-3/31/04^*; increased to $589 per year beginning 4/1/04^*; increased to $606 per year beginning 4/1/05^*; increased to $624 per year beginning 4/1/06.^* Such payments shall not be added to base salary, but shall be made biweekly.

11.11 Facility Security Supervisor Pay (for Non-Interest Arbitration employees only)

Effective 3/31/07, only employees in this bargaining unit ineligible for interest arbitration at the time of this Agreement shall receive $500 per year. Such payments shall not be added to base salary, but shall be made biweekly.

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^*  Such increases shall become effective the payroll period nearest to the stated date, as provided in New York State Finance Law Section 44(8).