WORKING CONDITIONS CONTRACT
TABLE OF CONTENTS
Agreement made the 7th of February, 2002 by and between the Brooklyn Public Library (hereinafter called the "Library"), and Brooklyn Library Guild Local 1482 and District Council 37, of the American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter collectively called the "Union").
WITNESSETH:
WITNESSETH:
A. 1. The Library recognizes the Union as the exclusive collective bargaining representative of employees of the Library whose salaries are funded by the City of New York or by publicly funded grant programs of at least eighteen months in duration employed in titles listed in the bargaining units described in Article II. Such recognition, however, does not extend to employees who are employed in a joint project involving institutions or agencies other than the library, notwithstanding the above.
2. For the purposes of this Agreement, the terms "employee" or "employees" shall hereinafter mean a person or persons for whom the Union is the collective bargaining representative under this Agreement. For the purposes of this Agreement the terms "City-funded employee(s)" or "Publicly-funded grant employee(s)" shall mean a person or persons for whom the Union is the collective bargaining representative pursuant to Section A. 1. of this Article.
2. For the purposes of this Agreement, the terms "employee" or "employees" shall hereinafter mean a person or persons for whom the Union is the collective bargaining representative under this Agreement. For the purposes of this Agreement the terms "City-funded employee(s)" or "Publicly-funded grant employee(s)" shall mean a person or persons for whom the Union is the collective bargaining representative pursuant to Section A. 1. of this Article.
B. 1. Except as hereinafter provided in Section B. 3. of this Article, collective bargaining between the Library and the Union for employees shall not concern matters for which the City of New York has not approved and allocated funds to the Library. Such matters include, but are not limited to, salaries, salary increases, salary adjustments, advancement or level increases, basic health insurance, payments to any welfare or other benefit fund trusts and pensions.
2. Collective bargaining between the Library and the Union for employees shall not include appropriateness of titles assigned to a class of positions, appropriateness of the occupational group to which a class of positions is assigned, or any other similar matter over which the Library does not have sole control.
3. Nothing contained herein shall prevent collective bargaining between the Library and the Union for employees with respect to the implementation of benefits for which the City of New York has approved and allocated funds to the Library, or contingent on the approval and allocation of such funds, or with respect to overtime, shift differential, holiday premium pay and mileage allowance, or with respect to those benefits which are not contingent upon the approval or allocation of such funds.
2. Collective bargaining between the Library and the Union for employees shall not include appropriateness of titles assigned to a class of positions, appropriateness of the occupational group to which a class of positions is assigned, or any other similar matter over which the Library does not have sole control.
3. Nothing contained herein shall prevent collective bargaining between the Library and the Union for employees with respect to the implementation of benefits for which the City of New York has approved and allocated funds to the Library, or contingent on the approval and allocation of such funds, or with respect to overtime, shift differential, holiday premium pay and mileage allowance, or with respect to those benefits which are not contingent upon the approval or allocation of such funds.
C. 1. Subject to the actual receipt by the Library of the necessary funds therefor, and to the extent that, under existing law, contract and program requirements, the Library shall have the power to do so, publicly funded grant program employees shall receive salaries and other benefits, including payments to benefit trust funds on their behalf, equal to the salaries and benefits provided to City-funded employees in the same or similar titles or in equated titles, as set forth in Article II of this Agreement.
2. Nothing contained in this Agreement shall require the Library to make any application for grants or projects, or for any renewal or modifications thereof except as the Library, in its sole discretion determines, nor shall the Library be, in any way, prevented from making any such application therefor. Any such application as may be made, however, shall be in such scope and form as shall be necessary to comply with the provisions of this Agreement.
2. Nothing contained in this Agreement shall require the Library to make any application for grants or projects, or for any renewal or modifications thereof except as the Library, in its sole discretion determines, nor shall the Library be, in any way, prevented from making any such application therefor. Any such application as may be made, however, shall be in such scope and form as shall be necessary to comply with the provisions of this Agreement.
D. 1. If during the term of this Agreement an agreement entered into between the City of New York and District Council 37 changes or improves benefits, other than salaries, provided by the City to its employees, the Union, upon thirty days' notice to the Library, shall be entitled to reopen collective bargaining for this Agreement solely as to the extent that such changes or improvements shall apply to employees, subject to the provisions of this Article.
2. Upon the reopening of collective bargaining hereunder, such bargaining shall be limited to the application of any such change or improvement in benefits presently provided to employees under this Agreement and either party shall then be entitled to introduce bargaining with respect to any such change or improvement.
2. Upon the reopening of collective bargaining hereunder, such bargaining shall be limited to the application of any such change or improvement in benefits presently provided to employees under this Agreement and either party shall then be entitled to introduce bargaining with respect to any such change or improvement.
E. Nothing in this Agreement shall be construed as requiring any employee to join the Union. The right of any employee to join or withdraw from the Union, or to refrain from joining the Union, is recognized by the parties to this Agreement.
F. The Library and the Union agree that they shall not interfere with the right of any employee to become a member of the Union, if he/she so desires, or to refrain from union membership, and the Library and the Union shall not discriminate against any employee because of his/her membership or non-membership in the Union.
G. Nothing herein shall be construed to preclude or restrict the right of any individual employee to discuss with the Library, or the right of the Library to discuss with any individual employee, any matter relating to the terms and conditions of his/her employment, except that as to matters which are the proper subjects of collective bargaining, any changes or modifications shall be made only through negotiations with the Union.
A. The Bargaining Units represented by the Union shall include all persons employed under the following titles:
Unit 1 - Librarian Classifications:
Library Information Assistant (Library Associate)
Librarian Trainee
Librarian
Senior Librarian
Supervising Librarian
Principal Librarian
except where the Office Title/Position is specifically excluded in Article II B.
Unit 2 - Clerical/Administrative Classifications:
Office Aide, all levels
Office Associate, all levels
Stenographic/Secretarial Associate, all levels
Stenographer/Secretary, all levels
Administrative Assistant/Principal Administrative Associate I
Administrative Associate/Principal Administrative Associate II
except where the Office Title/Position is specifically excluded in Article II B.
Unit 3 - Professional and Technical Classifications:
*Bookkeeper, all levels
*Associate Bookkeeper
*Accountant
*Assistant Accountant
*Associate Accountant
Graphic Artist
Associate Graphic Artist
Public Relations Assistant
Media Services Technician, all levels
Assistant Purchasing Agent
Purchasing Agent, levels I, II
Computer Aide, all levels
Computer Associate (Technical Support), all levels
Computer Service Technician, all levels
except where the Office Title/Position is specifically excluded in Article II B.
*present incumbents only (hired prior to January 1, 2000)
Unit 4 - Blue Collar/Security
Assistant Library Maintainer
Library Maintainer
Supervising Library Maintainer
Junior Library Custodian
Assistant Library Custodian
Library Custodian
Senior Library Custodian
Custodial Assistant
Custodian, levels III, IV
Watch Person
Special Officer
Senior Special Officer
Library Attendant-Guard
Stock Worker, all levels
Supervisor of Stock Workers, all levels
Motor Vehicle Operator
Except where the Office Title/Position is specifically excluded in Article II B.
Unit 5 - Special Funded and Grant Programs.
CLASP
Literacy
Service to the Aging
Children with Special Needs
Child's Place
All other Special Funded and Grand funded employees, pursuant to Article I, A. 1.
Unit 1 - Librarian Classifications:
Library Information Assistant (Library Associate)
Librarian Trainee
Librarian
Senior Librarian
Supervising Librarian
Principal Librarian
except where the Office Title/Position is specifically excluded in Article II B.
Unit 2 - Clerical/Administrative Classifications:
Office Aide, all levels
Office Associate, all levels
Stenographic/Secretarial Associate, all levels
Stenographer/Secretary, all levels
Administrative Assistant/Principal Administrative Associate I
Administrative Associate/Principal Administrative Associate II
except where the Office Title/Position is specifically excluded in Article II B.
Unit 3 - Professional and Technical Classifications:
*Bookkeeper, all levels
*Associate Bookkeeper
*Accountant
*Assistant Accountant
*Associate Accountant
Graphic Artist
Associate Graphic Artist
Public Relations Assistant
Media Services Technician, all levels
Assistant Purchasing Agent
Purchasing Agent, levels I, II
Computer Aide, all levels
Computer Associate (Technical Support), all levels
Computer Service Technician, all levels
except where the Office Title/Position is specifically excluded in Article II B.
*present incumbents only (hired prior to January 1, 2000)
Unit 4 - Blue Collar/Security
Assistant Library Maintainer
Library Maintainer
Supervising Library Maintainer
Junior Library Custodian
Assistant Library Custodian
Library Custodian
Senior Library Custodian
Custodial Assistant
Custodian, levels III, IV
Watch Person
Special Officer
Senior Special Officer
Library Attendant-Guard
Stock Worker, all levels
Supervisor of Stock Workers, all levels
Motor Vehicle Operator
Except where the Office Title/Position is specifically excluded in Article II B.
Unit 5 - Special Funded and Grant Programs.
CLASP
Literacy
Service to the Aging
Children with Special Needs
Child's Place
All other Special Funded and Grand funded employees, pursuant to Article I, A. 1.
B. Exclusions: All City Pay titles not mentioned above are specifically excluded from any bargaining unit. In addition, the following Office Titles/Positions are excluded:
Assistant Chief, Office of Neighborhood Services
Special Projects Coordinator
Division Manager, Central Library Administration (2 positions)
Assistant Coordinator of Collection Development
Administrative Assistant to the Deputy Director
Director, Library Development Office
Manager, Children's Services
Manager of Cataloging
Manager, Adult Services
Manager, Young Adult Services
Manager, Reference and Electronic Resources
Chief of Administrative and Statistical Services
Manager, Technical Processing Services
Nine (9) secretarial/administrative positions in the offices of Executive Director, Executive Deputy Director, Deputy Director, Director of Finance, Director of Human Resources, Chief, Office of Neighborhood Services, Chief, Central Library
Administration, and Manager, Safety and Security
Chief, Business Library
Manager, Office of Materials Selection
Regional Librarians (6 positions)
Administrative Assistants to the Regional Librarians (6 positions)
Executive Assistant to the Director (1 position)
Administrative Assistant to the Director of Planning, Design & Facilities (1 position)
Substitutes (Pages)
Temporaries hired to work on special projects or under special grants under eighteen (18) months duration.
Project Managers and Assistant Project Managers in Special/Grant Programs
All positions in the following departments are specifically excluded from the bargaining unit: Executive Director's Office, Finance (present incumbents will continue to be represented by the Union), and Human Resources (present incumbents will continue to be represented by the Union).
Assistant Chief, Office of Neighborhood Services
Special Projects Coordinator
Division Manager, Central Library Administration (2 positions)
Assistant Coordinator of Collection Development
Administrative Assistant to the Deputy Director
Director, Library Development Office
Manager, Children's Services
Manager of Cataloging
Manager, Adult Services
Manager, Young Adult Services
Manager, Reference and Electronic Resources
Chief of Administrative and Statistical Services
Manager, Technical Processing Services
Nine (9) secretarial/administrative positions in the offices of Executive Director, Executive Deputy Director, Deputy Director, Director of Finance, Director of Human Resources, Chief, Office of Neighborhood Services, Chief, Central Library
Administration, and Manager, Safety and Security
Chief, Business Library
Manager, Office of Materials Selection
Regional Librarians (6 positions)
Administrative Assistants to the Regional Librarians (6 positions)
Executive Assistant to the Director (1 position)
Administrative Assistant to the Director of Planning, Design & Facilities (1 position)
Substitutes (Pages)
Temporaries hired to work on special projects or under special grants under eighteen (18) months duration.
Project Managers and Assistant Project Managers in Special/Grant Programs
All positions in the following departments are specifically excluded from the bargaining unit: Executive Director's Office, Finance (present incumbents will continue to be represented by the Union), and Human Resources (present incumbents will continue to be represented by the Union).
C. If the City establishes a new title which is adopted by the Library, and such title is solely a change in the nomenclature of a title previously represented by the Union or such new title is a combining of two or more titles all of which were represented by the Union, the Library hereby recognizes the Union as the exclusive collective bargaining representative of Library employees in any such new title. The effective date of such recognition shall be the date such title is or was established in the Library. Upon such recognition such new title shall be in the appropriate bargaining unit described in Article II. Any excluded position in the previous title shall continue to be excluded in such new title
unless otherwise agreed upon.
The Library shall notify the Union in writing of each new title affected by this subsection.
unless otherwise agreed upon.
The Library shall notify the Union in writing of each new title affected by this subsection.
D. The Library shall notify the Union ten (10) days in advance of the posting or the creation of a new title and shall provide the Union with the job description, salary/salary range and appropriate city-equivalent title.
E. The Library shall not create new titles/office positions with duties similar to existing represented titles in order to avoid union representation.
The Library has all the customary and usual rights and functions of management except those rights and functions which are expressly modified by the written terms of this Agreement.
The Library is vested with but not limited to, the following specific reserved rights except as otherwise provided in this contract: the right to determine its services, staffing, and the scheduling thereof, including the hours of performing these services; the methods, processes and means of its operations, including the introduction of new methods and facilities, and changes in existing methods and facilities, the contracting and sub-contracting for work or services, the right to open, relocate and close any agency, and the right to select a location for any agency, the right to select its own employees, to hire employees on a regular, probationary, seasonal or temporary basis and assign them to duties, the right to supervise and direct employees in the performance of their duties, the right to schedule, transfer, promote and demote employees; the right to suspend or discharge employees or take other appropriate disciplinary action; the right to establish and promulgate rules and regulations and from time to time add to or change such rules and regulations.
The adverse effect on the employees in the bargaining units in the exercise of the rights of management as stated above shall be subject to the grievance and arbitration provisions of this Agreement. Nothing herein shall be deemed to
diminish an employee's right to bring a grievance or arbitration in accordance with the terms and provisions of this Agreement as set forth in Articles XIV and XV.
The Library is vested with but not limited to, the following specific reserved rights except as otherwise provided in this contract: the right to determine its services, staffing, and the scheduling thereof, including the hours of performing these services; the methods, processes and means of its operations, including the introduction of new methods and facilities, and changes in existing methods and facilities, the contracting and sub-contracting for work or services, the right to open, relocate and close any agency, and the right to select a location for any agency, the right to select its own employees, to hire employees on a regular, probationary, seasonal or temporary basis and assign them to duties, the right to supervise and direct employees in the performance of their duties, the right to schedule, transfer, promote and demote employees; the right to suspend or discharge employees or take other appropriate disciplinary action; the right to establish and promulgate rules and regulations and from time to time add to or change such rules and regulations.
The adverse effect on the employees in the bargaining units in the exercise of the rights of management as stated above shall be subject to the grievance and arbitration provisions of this Agreement. Nothing herein shall be deemed to
diminish an employee's right to bring a grievance or arbitration in accordance with the terms and provisions of this Agreement as set forth in Articles XIV and XV.
Except as otherwise provided by the terms of this Agreement, the Brooklyn Public Library Rules Affecting Personnel and the written interpretation and revisions thereof which have been promulgated by the Library are incorporated by reference into this contract and shall remain in full force and effect.
A. Shifts.
The Library agrees to establish employee work schedules so that no employee is regularly scheduled to work a split shift except in temporary emergency situations.
The Library agrees to establish employee work schedules so that no employee is regularly scheduled to work a split shift except in temporary emergency situations.
B. Overtime.
1. General.
a. Employees shall be entitled to accrue up to five (5) workdays of overtime and/or compensatory time credit.
b. All overtime under forty (40) hours shall be compensated by straight compensatory time.
c. All overtime over forty (40) hours shall be compensated at the rate of time and one-half in cash or, at the option of the employee in the titles of Librarian, Senior Librarian, Supervising Librarian and Principal Librarian, at the rate of time and one-half in compensatory time.
d. Schedules shall not be changed to avoid payment of overtime.
2. Approval.
All paid overtime in excess of forty (40) hours shall require the approval of the Director or his designee prior to being granted.
a. Emergency overtime as used in this Article shall mean: work required to prevent or restrict loss of or danger to life and property; or to prevent serious financial loss to the City; or to avert widespread inconvenience to the public; or for work which is of unusual character or which can only be performed on overtime.
1. General.
a. Employees shall be entitled to accrue up to five (5) workdays of overtime and/or compensatory time credit.
b. All overtime under forty (40) hours shall be compensated by straight compensatory time.
c. All overtime over forty (40) hours shall be compensated at the rate of time and one-half in cash or, at the option of the employee in the titles of Librarian, Senior Librarian, Supervising Librarian and Principal Librarian, at the rate of time and one-half in compensatory time.
d. Schedules shall not be changed to avoid payment of overtime.
2. Approval.
All paid overtime in excess of forty (40) hours shall require the approval of the Director or his designee prior to being granted.
a. Emergency overtime as used in this Article shall mean: work required to prevent or restrict loss of or danger to life and property; or to prevent serious financial loss to the City; or to avert widespread inconvenience to the public; or for work which is of unusual character or which can only be performed on overtime.
C. Meal Allowances.
Effective on the signing of this Agreement, the following meal allowances shall be provided to all employees who work authorized overtime not compensated for in cash:
1. For 2 continuous hours of overtime $8.25
2. For 5 continuous hours of overtime $8.75
3. For 7 continuous hours of overtime $10.75
4. For 10 continuous hours of overtime $11.75
5. For 15 continuous hours of overtime $12.75
Time off for meals shall not be computed as overtime. However, such time off shall not affect the continuity requirement for the above meal allowances.
Effective on the signing of this Agreement, the following meal allowances shall be provided to all employees who work authorized overtime not compensated for in cash:
1. For 2 continuous hours of overtime $8.25
2. For 5 continuous hours of overtime $8.75
3. For 7 continuous hours of overtime $10.75
4. For 10 continuous hours of overtime $11.75
5. For 15 continuous hours of overtime $12.75
Time off for meals shall not be computed as overtime. However, such time off shall not affect the continuity requirement for the above meal allowances.
D. Emergency Call in Time.
Where an employee is called in from home because of an emergency situation, including snow removal, the employee shall be credited with having worked from the time he/she leaves home until the time he/she returns. In no event shall such an employee be credited with less than four (4)hours of time worked. Compensation shall be governed by the provisions of Article V.B.1.c.
Where an employee is called in from home because of an emergency situation, including snow removal, the employee shall be credited with having worked from the time he/she leaves home until the time he/she returns. In no event shall such an employee be credited with less than four (4)hours of time worked. Compensation shall be governed by the provisions of Article V.B.1.c.
E. Work Week.
1. The Library operates on a six (6) day work week. Saturday is considered part of the regular work week.
2. The full time work week shall consist of five (5) work days. The number of hours for full-time employees during any work week will be thirty-five (35) or forty (40) hours depending on job classification.
3. The workday for full-time employees will consist of seven (7) or eight(8) consecutive hours of work depending on job classification and an unpaid meal period, except that employees who work an evening schedule shall receive a paid thirty (30) minute meal break. Two (2) break periods of fifteen (15) minutes are paid work time.
1. The Library operates on a six (6) day work week. Saturday is considered part of the regular work week.
2. The full time work week shall consist of five (5) work days. The number of hours for full-time employees during any work week will be thirty-five (35) or forty (40) hours depending on job classification.
3. The workday for full-time employees will consist of seven (7) or eight(8) consecutive hours of work depending on job classification and an unpaid meal period, except that employees who work an evening schedule shall receive a paid thirty (30) minute meal break. Two (2) break periods of fifteen (15) minutes are paid work time.
F. Work Schedules.
1. General.
a. Weekly work schedules shall be posted one month in advance in each work location.
b. Weekend schedules shall be posted three months in advance in each work location.
c. When feasible, employees shall be given at least twenty-four (24) hours notice of changes in their work schedules.
2. Public Service.
a. Public service staff is defined in this article as clerical and librarian occupational titles who are assigned to public service work at branches, Central Library units/divisions and/or the Business Library.
b. Such staff who work on Saturday will be given priority for having a Scheduled Day Off (SDO) on the following Monday or Friday, or, if the employee so requests another day in that week. However, an employee who works more than two Saturdays in a month, shall then have the option to earn compensatory time in their bank or a scheduled day off at the mutual convenience of the parties.
c. Employees who volunteer or request to work a fixed schedule which includes Saturday are not covered by this provision.
1. General.
a. Weekly work schedules shall be posted one month in advance in each work location.
b. Weekend schedules shall be posted three months in advance in each work location.
c. When feasible, employees shall be given at least twenty-four (24) hours notice of changes in their work schedules.
2. Public Service.
a. Public service staff is defined in this article as clerical and librarian occupational titles who are assigned to public service work at branches, Central Library units/divisions and/or the Business Library.
b. Such staff who work on Saturday will be given priority for having a Scheduled Day Off (SDO) on the following Monday or Friday, or, if the employee so requests another day in that week. However, an employee who works more than two Saturdays in a month, shall then have the option to earn compensatory time in their bank or a scheduled day off at the mutual convenience of the parties.
c. Employees who volunteer or request to work a fixed schedule which includes Saturday are not covered by this provision.
A. Leave For Death In The Family.
Absence not to exceed four (4) work days is allowed with pay in case of death in the immediate family. The immediate family is defined for this purpose as spouse or domestic partner (as defined in the New York City Administrative Code Section 1-112 [21]); natural, foster or step-parent; child, brother or sister; father-in-law or mother-in-law; grandchildren; grandparents, step-children or any relative residing in the household. If such death shall occur while an employee is on annual leave, such employee shall be entitled to charge up to four days of such leave to allowed absence under this section, rather than charged to such employee's annual leave balances.
Absence not to exceed four (4) work days is allowed with pay in case of death in the immediate family. The immediate family is defined for this purpose as spouse or domestic partner (as defined in the New York City Administrative Code Section 1-112 [21]); natural, foster or step-parent; child, brother or sister; father-in-law or mother-in-law; grandchildren; grandparents, step-children or any relative residing in the household. If such death shall occur while an employee is on annual leave, such employee shall be entitled to charge up to four days of such leave to allowed absence under this section, rather than charged to such employee's annual leave balances.
B. Confinement/Child Care Leave.
1. A child care leave of absence without pay for a period up to twelve (12) months shall be granted upon request to any employee, male or female, who becomes a parent of a child either by birth or by adoption of a child up to four (4) years of age. Such leave shall be extended upon request of the employee for additional twelve (12) month periods. The total leave granted for this purpose shall not exceed 48 months. The use of this maximum allowance shall be limited to one instance only. All further confinement/child care leaves shall be limited to a maximum of thirty six (36) months each. In the event that both parents of a child are employees of the Library, then such leave shall be granted to whichever one of such parents the parents shall choose.
2. Prior to the commencement of confinement/child care leave an employee shall be continued in pay status for a period of time equal to all of the employee's unused accrued annual leave balance. Accrued sick leave not used shall remain in the employee's balance.
1. A child care leave of absence without pay for a period up to twelve (12) months shall be granted upon request to any employee, male or female, who becomes a parent of a child either by birth or by adoption of a child up to four (4) years of age. Such leave shall be extended upon request of the employee for additional twelve (12) month periods. The total leave granted for this purpose shall not exceed 48 months. The use of this maximum allowance shall be limited to one instance only. All further confinement/child care leaves shall be limited to a maximum of thirty six (36) months each. In the event that both parents of a child are employees of the Library, then such leave shall be granted to whichever one of such parents the parents shall choose.
2. Prior to the commencement of confinement/child care leave an employee shall be continued in pay status for a period of time equal to all of the employee's unused accrued annual leave balance. Accrued sick leave not used shall remain in the employee's balance.
C. Leave For Court Attendance/Jury Duty.
The Library's Rules Affecting Personnel relating to court attendance and jury duty are modified as follows:
Paid leave shall be granted for all work connected court attendance involving employee's own person.
Employees called for jury duty shall retain carfare paid by the court.
The Library's Rules Affecting Personnel relating to court attendance and jury duty are modified as follows:
Paid leave shall be granted for all work connected court attendance involving employee's own person.
Employees called for jury duty shall retain carfare paid by the court.
D. Leave Without Pay For Attendance At Union Conventions.
Employees who are officers of the Union or delegates duly elected by the Union, not exceeding six (6) in number and no more than one employee from any designated work location, shall be entitled to leave without pay to attend Union International Conventions, District Council Conferences and meetings of the New York City Labor Council and the New York State Federation of Labor, provided that the total aggregate number of such leaves in any one year period for any employee shall not exceed five work days.
Leave without pay for this purpose must be taken in units of one full day. A request for leave without pay for this reason must be submitted in the usual manner at least ten days before the requested leave is to start.
Employees who are officers of the Union or delegates duly elected by the Union, not exceeding six (6) in number and no more than one employee from any designated work location, shall be entitled to leave without pay to attend Union International Conventions, District Council Conferences and meetings of the New York City Labor Council and the New York State Federation of Labor, provided that the total aggregate number of such leaves in any one year period for any employee shall not exceed five work days.
Leave without pay for this purpose must be taken in units of one full day. A request for leave without pay for this reason must be submitted in the usual manner at least ten days before the requested leave is to start.
E. Terminal Leave.
Terminal leave as presently computed shall be granted as a matter of right rather than at the discretion of the director, with the following exception. As an alternative to the present method of computing terminal leave due, an employee upon retirement may elect to receive a Terminal Leave Allowance computed on the basis of one day of terminal leave for each two days of unused sick leave accumulation, to a maximum of one Hundred twenty (120) days Terminal Leave Allowance. Under the latter option Terminal Leave shall be computed on the basis of work days, rather than calendar days.
Terminal leave as presently computed shall be granted as a matter of right rather than at the discretion of the director, with the following exception. As an alternative to the present method of computing terminal leave due, an employee upon retirement may elect to receive a Terminal Leave Allowance computed on the basis of one day of terminal leave for each two days of unused sick leave accumulation, to a maximum of one Hundred twenty (120) days Terminal Leave Allowance. Under the latter option Terminal Leave shall be computed on the basis of work days, rather than calendar days.
A. Sick leave shall be used only for personal illness of the employee. Approval of sick leave in accordance with the Library's "Rules Affecting Personnel" is discretionary with the Director of Human Resources and proof of illness/disability must be provided by the employee, satisfactory to the Director of Human Resources.
B. The provisions of Paragraph A. above notwithstanding, the Director of Human Resources may waive the requirement for proof of illness/disability unless:
1. An employee requests sick leave for more than three consecutive work days; or
2. An employee uses undocumented sick leave more than five times in any six-month sick leave period; or
3. An employee uses undocumented sick leave more than four times in any six-month sick leave period on a day immediately preceding or following a holiday or a scheduled day off.
1. An employee requests sick leave for more than three consecutive work days; or
2. An employee uses undocumented sick leave more than five times in any six-month sick leave period; or
3. An employee uses undocumented sick leave more than four times in any six-month sick leave period on a day immediately preceding or following a holiday or a scheduled day off.
C. For the purposes of B. 2. and B. 3. above, the year shall be divided into two six-month sick leave periods. They shall be 1) July 1 to December 31, inclusive, and 2) January 1 to June 30, inclusive. An employee who exceeds the allowable number of undocumented absences in any sick leave period pursuant to paragraphs B. 2. and B. 3. above shall thereafter, commencing with the next sick leave period, be required to submit medical documentation, satisfactory to the Director of Human Resources, before further sick leave may be approved. The requirements for such documentation shall continue in effect until the employee has worked a complete sick leave period without being on sick leave more than two times.
D. For the purposes of this Article "one-time" shall mean the consecutive use of one-half or more work days for sick leave. Sick leave taken in units of less than one-half work day shall be counted as "one-time" on sick leave when the cumulative total of such sick leave amounts to one-half day.
D. For the purposes of this Article "one-time" shall mean the consecutive use of one-half or more work days for sick leave. Sick leave taken in units of less than one-half work day shall be counted as "one-time" on sick leave when the cumulative total of such sick leave amounts to one-half day.
E. The provisions of Paragraph B. above notwithstanding, the Director of Human Resources shall have the discretion to waive the medical documentation required pursuant to paragraphs B. 2., and B. 3., and C. for employees who have completed their third year of employment and thereafter have a current sick leave balance commensurate with the number of years of employment as follows:
3 years 21 days
4 years 28 days
5 years 35 days
6 years 42 days
7 years 49 days
8 years 56 days
9 years 63 days
10 years or more 70 days
3 years 21 days
4 years 28 days
5 years 35 days
6 years 42 days
7 years 49 days
8 years 56 days
9 years 63 days
10 years or more 70 days
F. An employee who anticipates a series of three or more medical appointments, which will require a repeated use of sick leave in units of one day or less, shall submit medical documentation indicating the nature of the condition and the anticipated schedule of treatment. Sick leave taken pursuant to said schedule of treatment shall be deemed documented.
G. The medical documentation required by this Article shall be from a health practitioner licensed by the state in which he/she practices to diagnose and certify illness or disability.
H. The number of sick days permitted to accumulate shall be unlimited. An employee's sick leave reserve bank shall be transferred to his/her regular sick leave balance.
I. Upon reemployment, an employee's sick leave credit, including his/her sick leave bank, shall be restored in full.
J. After all sick leave is exhausted the employee shall, upon a written request to the Human Resources Department, have the option of either going on LWOP for up to ten working days, or using annual leave allowances. If the employee does not exercise such option, such employee shall be placed on annual leave first.
G. The medical documentation required by this Article shall be from a health practitioner licensed by the state in which he/she practices to diagnose and certify illness or disability.
H. The number of sick days permitted to accumulate shall be unlimited. An employee's sick leave reserve bank shall be transferred to his/her regular sick leave balance.
I. Upon reemployment, an employee's sick leave credit, including his/her sick leave bank, shall be restored in full.
J. After all sick leave is exhausted the employee shall, upon a written request to the Human Resources Department, have the option of either going on LWOP for up to ten working days, or using annual leave allowances. If the employee does not exercise such option, such employee shall be placed on annual leave first.
A. The Union recognizes that to provide and maintain adequate service to the public on a year-round basis the Library must always be adequately staffed. In the establishment of vacation schedules the Library shall have the sole right to determine staffing needs. Accordingly, vacations shall be scheduled by the Library, to the extent possible, in each work location and in each title, based on the first choice of those with the greatest seniority in title. Employees in higher positions in the chain of command shall be given priority in choice of vacation over title seniority. Such priority shall be given based on the higher order of position in the chain of command.
B. The vacation year shall begin on July 1st and shall continue until June 30th. Agencies shall not be required to submit vacation schedules prior to May 1st.
C. If there is an involuntary transfer of an employee from one work location to another as referred to in Article X, Section B., between the time his/her vacation is scheduled and the time it is to take place, there shall be no change in his/her vacation schedule without his/her consent.
D. In the event an agency head calls upon an employee to forego his/her vacation or any part thereof in any year, that portion shall be carried over until such time as it can be liquidated. Annual leave may be used in units of one-half hour with the permission of the agency head.
B. The vacation year shall begin on July 1st and shall continue until June 30th. Agencies shall not be required to submit vacation schedules prior to May 1st.
C. If there is an involuntary transfer of an employee from one work location to another as referred to in Article X, Section B., between the time his/her vacation is scheduled and the time it is to take place, there shall be no change in his/her vacation schedule without his/her consent.
D. In the event an agency head calls upon an employee to forego his/her vacation or any part thereof in any year, that portion shall be carried over until such time as it can be liquidated. Annual leave may be used in units of one-half hour with the permission of the agency head.
E. Illness/Disability During Annual Leave.
If, while on annual leave, an employee is seriously ill/disabled for a period of one week or more, or for a short period of illness/disability involving hospitalization, approval shall be granted by the Director of Human Resources to charge the period of illness/disability retroactively to the employee's sick leave accruals and to have a like amount of annual leave restored to the employee's credit.
A certificate of illness or accident, signed by the attending physician, specifying the nature and dates of the illness/disability and a signed statement from the employee requesting the restoration of annual leave credits and specifying the nature and dates of illness/disability, and the name of his/her attending physician, must be submitted by the employee within three (3) work days of his/her return from leave.
Annual leave credits restored under the above provision shall not serve to extend the period of annual leave during which the illness/disability occurred.
If, while on annual leave, an employee is seriously ill/disabled for a period of one week or more, or for a short period of illness/disability involving hospitalization, approval shall be granted by the Director of Human Resources to charge the period of illness/disability retroactively to the employee's sick leave accruals and to have a like amount of annual leave restored to the employee's credit.
A certificate of illness or accident, signed by the attending physician, specifying the nature and dates of the illness/disability and a signed statement from the employee requesting the restoration of annual leave credits and specifying the nature and dates of illness/disability, and the name of his/her attending physician, must be submitted by the employee within three (3) work days of his/her return from leave.
Annual leave credits restored under the above provision shall not serve to extend the period of annual leave during which the illness/disability occurred.
A. The Union acknowledges that in fulfilling its obligations to provide continuous service to the public, the Library must remain open and maintain its services whenever possible despite bad weather.
B. 1. Agencies shall be equipped with a hygrometer which shall be placed at the charge desk and shall be read during periods of extreme heat and/or humidity. However, there shall be no THI reading taken until three hours after the opening of an Agency, but no later than 1 P. M. Subsequent readings will be taken at l/2 hour intervals commencing one hour after the first reading.
2. When the hygrometer registers 81 or above, on any day except Wednesday, at the first reading that agency shall close one hour after the reading. However, when the above conditions occur on Wednesday, the agency shall go on reduced staff one hour following the reading and remain open according to schedule. Reduced staff shall include employees scheduled on the late shift, and one additional employee wherever needed to cover the supper period. Such reduced staff shall receive straight compensatory time for any hours worked in excess of four scheduled hours worked. The head of the agency or his/her designee shall notify the appropriate office: Neighborhood Services, Central Library Administration, of all THI actions.
If a branch/division of the Library does not have evening hours on Wednesday, the Library shall have discretion to implement the THI procedures for Wednesday provided for in this Article on another single day per week, Monday through Thursday, in such a branch/division. In no case shall such alternative procedures be in effect on more than one day per week. Employees in an agency in which the Library exercises its discretion pursuant to this section shall receive prior notice.
3. When the hygrometer does not register 81 or above at the first reading, but does so at a subsequent reading, on any day except Wednesday, the agency shall close. However, when the condition occurs on Wednesday, the agency shall go on reduced staff and remain open according to schedule. Reduced staff shall include employees scheduled on the late shift, and one additional employee wherever needed to cover the supper period. Such reduced staff shall receive straight compensatory time for any hours worked in excess of four scheduled hours worked. The head of the agency or his/her designee shall notify the appropriate office: Neighborhood Services, Central Library Administration, of all THI actions.
B. 1. Agencies shall be equipped with a hygrometer which shall be placed at the charge desk and shall be read during periods of extreme heat and/or humidity. However, there shall be no THI reading taken until three hours after the opening of an Agency, but no later than 1 P. M. Subsequent readings will be taken at l/2 hour intervals commencing one hour after the first reading.
2. When the hygrometer registers 81 or above, on any day except Wednesday, at the first reading that agency shall close one hour after the reading. However, when the above conditions occur on Wednesday, the agency shall go on reduced staff one hour following the reading and remain open according to schedule. Reduced staff shall include employees scheduled on the late shift, and one additional employee wherever needed to cover the supper period. Such reduced staff shall receive straight compensatory time for any hours worked in excess of four scheduled hours worked. The head of the agency or his/her designee shall notify the appropriate office: Neighborhood Services, Central Library Administration, of all THI actions.
If a branch/division of the Library does not have evening hours on Wednesday, the Library shall have discretion to implement the THI procedures for Wednesday provided for in this Article on another single day per week, Monday through Thursday, in such a branch/division. In no case shall such alternative procedures be in effect on more than one day per week. Employees in an agency in which the Library exercises its discretion pursuant to this section shall receive prior notice.
3. When the hygrometer does not register 81 or above at the first reading, but does so at a subsequent reading, on any day except Wednesday, the agency shall close. However, when the condition occurs on Wednesday, the agency shall go on reduced staff and remain open according to schedule. Reduced staff shall include employees scheduled on the late shift, and one additional employee wherever needed to cover the supper period. Such reduced staff shall receive straight compensatory time for any hours worked in excess of four scheduled hours worked. The head of the agency or his/her designee shall notify the appropriate office: Neighborhood Services, Central Library Administration, of all THI actions.
C. 1. Multiple-floor agencies shall be equipped with an additional hygrometer for each floor except basements to which staff are not regularly assigned. Placement of these hygrometers will be at the charge desk on each floor provided there is a charge desk. Otherwise they will be placed at a suitable location mutually agreed upon. Hygrometer readings on upper floors will commence four hours after the opening of a Library. When the hygrometer on an upper floor registers 81 or above, on any day except Wednesday, at the first reading, the agency supervisor will reassign the staff to a floor where the hygrometer registers less than 81. When the hygrometer does not register 81 or above at the first reading, but does so at a subsequent reading, on any day except Wednesday, the agency supervisor will reassign the staff to a floor where the hygrometer registers less than 81. When the hygrometer on a floor that has been closed registers less than 81 the staff shall return to that floor and that floor shall be opened to the public. When all staff in a multi-floor agency have been assigned to the first floor the same rules shall apply as in a one-floor agency.
2. On Wednesday, service as scheduled will be maintained on all floors regardless of hygrometer readings. However, when the hygrometer reading reaches at least 81 after four hours of service on an upper floor, some staff may be assigned to a floor where the reading is less than 81. When the reading on the upper floor goes below 81 reassigned staff will return to that floor. When the THI reading on all floors except the first floor is at least 81, the same rules shall apply as in a one floor agency.
2. On Wednesday, service as scheduled will be maintained on all floors regardless of hygrometer readings. However, when the hygrometer reading reaches at least 81 after four hours of service on an upper floor, some staff may be assigned to a floor where the reading is less than 81. When the reading on the upper floor goes below 81 reassigned staff will return to that floor. When the THI reading on all floors except the first floor is at least 81, the same rules shall apply as in a one floor agency.
D. Special Provisions for Maintenance Staff, Regional Office Staff, Motor Vehicle Operators and Custodians
1. Maintenance staff shall be governed by the hygrometer reading at the agency where, they are working. However, there shall be a minimum maintenance staff of four on duty during their normal work day, three of whom shall be responsible for branch emergencies and one for the Ingersoll Building.
2. Regional Office staff shall be governed by the hygrometer reading at the agency at which they are working.
3. Motor Vehicle Operators (except Library on Wheels drivers) shall be governed by the hygrometer reading taken at Central Park. When the official THI at Central Part reaches 81, Motor Vehicle Operators shall return with their trucks to the Interchange Department, where they shall perform their regular duties for the remainder of the day. This THI provision shall not apply until the driver has worked at least (4) hours.
4. Custodians who are scheduled to report to work before 9:00 A.M. shall take a hygrometer reading four (4) hours after their scheduled arrival time. Subsequent readings shall be taken at one half hour intervals. Such readings shall be taken at the charge desk on the first floor. When the THI registers 81 degrees or above, on any day except Wednesday, the custodian(s) shall be released. However, when the above condition occurs on Wednesday, the agency head shall decide whether the custodian shall be released or continue working. If they continue working after the THI reaches 81 custodians shall receive straight compensatory time off for any hours worked in excess of four (4) scheduled hours worked. The agency head shall notify the Director of Planning, Design & Facilities who, in turn, shall notify the appropriate office of public service or support service of all THI actions.
1. Maintenance staff shall be governed by the hygrometer reading at the agency where, they are working. However, there shall be a minimum maintenance staff of four on duty during their normal work day, three of whom shall be responsible for branch emergencies and one for the Ingersoll Building.
2. Regional Office staff shall be governed by the hygrometer reading at the agency at which they are working.
3. Motor Vehicle Operators (except Library on Wheels drivers) shall be governed by the hygrometer reading taken at Central Park. When the official THI at Central Part reaches 81, Motor Vehicle Operators shall return with their trucks to the Interchange Department, where they shall perform their regular duties for the remainder of the day. This THI provision shall not apply until the driver has worked at least (4) hours.
4. Custodians who are scheduled to report to work before 9:00 A.M. shall take a hygrometer reading four (4) hours after their scheduled arrival time. Subsequent readings shall be taken at one half hour intervals. Such readings shall be taken at the charge desk on the first floor. When the THI registers 81 degrees or above, on any day except Wednesday, the custodian(s) shall be released. However, when the above condition occurs on Wednesday, the agency head shall decide whether the custodian shall be released or continue working. If they continue working after the THI reaches 81 custodians shall receive straight compensatory time off for any hours worked in excess of four (4) scheduled hours worked. The agency head shall notify the Director of Planning, Design & Facilities who, in turn, shall notify the appropriate office of public service or support service of all THI actions.
E. When the indoor temperature at an agency remains below 65 degrees two hours after the beginning of the work day, the agency supervisor shall call the appropriate office: Neighborhood Services, Central Library Administration, to get a decision in regard to the closing of that agency. However, if the temperature remains below 65 degrees for two hours after noon the staff shall be reassigned or released by the appropriate office: Neighborhood Services, Central Library Administration, Executive Deputy Director or Deputy Director for External Affairs.
F. In any instance in which a work location is closed because of extreme weather conditions, the Library may reassign the employees of the closed work location to other work locations where the extreme conditions do not exist. Where a work location is closed because of a breakdown in the heating or air conditioning systems, the Library may request staff to remain at another location until the system is repaired and conditions returned to normal.
G. Time off granted to employees because of extreme weather conditions shall not be charged to leave accruals.
H. Employees shall not be permitted to work in buildings or on floors which have been closed due to extreme weather conditions, except that maintenance staff shall be required to investigate emergencies or potential emergencies, secure the building when necessary or correct the conditions which caused the closing. Maintenance staff shall receive straight compensatory time for hours worked after the agency's staff has been released.
F. In any instance in which a work location is closed because of extreme weather conditions, the Library may reassign the employees of the closed work location to other work locations where the extreme conditions do not exist. Where a work location is closed because of a breakdown in the heating or air conditioning systems, the Library may request staff to remain at another location until the system is repaired and conditions returned to normal.
G. Time off granted to employees because of extreme weather conditions shall not be charged to leave accruals.
H. Employees shall not be permitted to work in buildings or on floors which have been closed due to extreme weather conditions, except that maintenance staff shall be required to investigate emergencies or potential emergencies, secure the building when necessary or correct the conditions which caused the closing. Maintenance staff shall receive straight compensatory time for hours worked after the agency's staff has been released.
A. Voluntary Transfers.
1. The Library shall maintain a transfer list. Names shall be placed on a transfer list in order of application for the list. A transfer list to be valid must consist of at least two names for each identifiable vacancy. However, a new employee may not request a transfer until he/she has completed six months of service. An employee shall be entitled to be on up to five transfer lists at any one time. When a vacancy occurs, the Library shall fill the vacancy by selecting the most qualified of the first three names who meet the minimum qualifications of the position on the transfer list. Employees on a transfer list shall be notified if they are passed over for selection. When in the sole determination of the Library, either two or all three of such three names are equally qualified the employee first requesting transfer shall be selected. When a transfer list is near exhaustion, the Library shall notify staff of this fact.
2. The Library reserves the right to waive use of a transfer list when the transfer of an employee on the list will lead to a vacancy that can be filled only by invoking the mandatory transfer clause in this Article. However, the Library may not exercise such waiver when an employee requesting transfer has performed for at least 18 months in his/her current assignment.
3. An employee who places his/her name on a transfer list shall be required to accept the transfer if called to work in that location. Prior to implementation of this new provision (A.3) the Library shall provide each employee with a list of their transfer requests for review.
4. Once an employee accepts a voluntary transfer from a list or a promotion his/her name shall be removed from all transfer lists, and he/she must serve in his/her new assignment for a period of at least one year prior to being eligible to apply for a transfer under the provisions of the voluntary transfer clause of this Article.
1. The Library shall maintain a transfer list. Names shall be placed on a transfer list in order of application for the list. A transfer list to be valid must consist of at least two names for each identifiable vacancy. However, a new employee may not request a transfer until he/she has completed six months of service. An employee shall be entitled to be on up to five transfer lists at any one time. When a vacancy occurs, the Library shall fill the vacancy by selecting the most qualified of the first three names who meet the minimum qualifications of the position on the transfer list. Employees on a transfer list shall be notified if they are passed over for selection. When in the sole determination of the Library, either two or all three of such three names are equally qualified the employee first requesting transfer shall be selected. When a transfer list is near exhaustion, the Library shall notify staff of this fact.
2. The Library reserves the right to waive use of a transfer list when the transfer of an employee on the list will lead to a vacancy that can be filled only by invoking the mandatory transfer clause in this Article. However, the Library may not exercise such waiver when an employee requesting transfer has performed for at least 18 months in his/her current assignment.
3. An employee who places his/her name on a transfer list shall be required to accept the transfer if called to work in that location. Prior to implementation of this new provision (A.3) the Library shall provide each employee with a list of their transfer requests for review.
4. Once an employee accepts a voluntary transfer from a list or a promotion his/her name shall be removed from all transfer lists, and he/she must serve in his/her new assignment for a period of at least one year prior to being eligible to apply for a transfer under the provisions of the voluntary transfer clause of this Article.
B. Involuntary Transfers.
1. Where a transfer to fill a vacancy must be made from a work location, the Library may request any person in the office title, in the proper class of position to transfer. Such a transfer would be mandatory for the person with the least seniority in the office title in the Brooklyn Public Library.
2. In determining employee seniority for mandatory transfer purposes, the Library may exclude employees in agencies carrying more than the average system wide vacancy rate in the class of position and office title involved in the transfer.
3. For mandatory transfers, an employee's seniority will not be effective until he/she has accrued at least 6 months service in title in that level of employment.
4. There shall be no involuntary transfers that would entail employees having to travel for more than two fares or travel more than one hour from his/her home to his/her work location if he/she is a resident of Brooklyn.
1. Where a transfer to fill a vacancy must be made from a work location, the Library may request any person in the office title, in the proper class of position to transfer. Such a transfer would be mandatory for the person with the least seniority in the office title in the Brooklyn Public Library.
2. In determining employee seniority for mandatory transfer purposes, the Library may exclude employees in agencies carrying more than the average system wide vacancy rate in the class of position and office title involved in the transfer.
3. For mandatory transfers, an employee's seniority will not be effective until he/she has accrued at least 6 months service in title in that level of employment.
4. There shall be no involuntary transfers that would entail employees having to travel for more than two fares or travel more than one hour from his/her home to his/her work location if he/she is a resident of Brooklyn.
C. Human Resources Department/Finance Department.
The Library and the Union, recognizing the special nature and needs of the Human Resources Department and the Finance Department of the Library, agree that the Library shall have the right to waive the provisions of Section A and B of Article X for any position to be filled in these departments. This paragraph shall not change the applicability of Sections A and B with respect to transfers out of either the Human Resources Department or the Finance Department.
D. Filing of Transfer Requests
In order to be valid, all transfer requests must be filed on the official Transfer Request Form.
E. Temporary Reassignment
When an employee arrives at his/her work location, and is then reassigned to another work location, he/she shall receive the cost of public transportation to the new location.
The Library and the Union, recognizing the special nature and needs of the Human Resources Department and the Finance Department of the Library, agree that the Library shall have the right to waive the provisions of Section A and B of Article X for any position to be filled in these departments. This paragraph shall not change the applicability of Sections A and B with respect to transfers out of either the Human Resources Department or the Finance Department.
D. Filing of Transfer Requests
In order to be valid, all transfer requests must be filed on the official Transfer Request Form.
E. Temporary Reassignment
When an employee arrives at his/her work location, and is then reassigned to another work location, he/she shall receive the cost of public transportation to the new location.
A. Employees, retirees and appointed part-time employees (working at least one-half the regular hours of full time employees in the same title) employed in or retired from any of the titles in the bargaining units set forth in Article II shall be entitled to payments on their behalf to the District Council 37 Health and Security Plan, provided that the City of New York has agreed or agrees to make such payments, or has approved and allocated funds to the Library for such purpose, in such amounts as shall be determined from time to time by agreement between the City of New York and District Council 37, AFSCME, AFL-CIO.
B. 1. The Union hereby agrees that the Library and/or its officials and other persons employed by it, individually and collectively, shall not be liable for any mistake, error of judgment, embezzlement, defalcation, or any other wrong-doing or misfeasance, whether intentional, negligent, or otherwise, or any other act of omission, commission, misfeasance, or malfeasance of the Union or any of its officers, agents or other persons employed by it in the receipt and/or transmission of payments to the District Council 37 Health and Security Plan, or to the District Council 37 Education Fund, Legal Services Fund, or District Council 37 Benefits Fund Trust hereinafter provided for, and/or in the operation or administration of any of the said Plans or Funds and/or for any failure or omission of the Union for any reason whatsoever, to carry out the terms of any agreement which the Union and the City of New York have made or will make in the future as to payments to be made to the said Plans or Funds on behalf of Library employees.
2. The Union hereby further agrees to hold the Library and/or its officials and persons employed by it harmless against any claim whatsoever arising out of the receipt and/or transmission of the aforesaid payments and/or in the operation or administration of the said Plans or Funds and/or out of the failure or omission of the Union for any reason whatsoever to carry out the terms of any agreement which the Union and the City of New York have made or will make in the future as to payments to be made to the said Plans or Funds.
2. The Union hereby further agrees to hold the Library and/or its officials and persons employed by it harmless against any claim whatsoever arising out of the receipt and/or transmission of the aforesaid payments and/or in the operation or administration of the said Plans or Funds and/or out of the failure or omission of the Union for any reason whatsoever to carry out the terms of any agreement which the Union and the City of New York have made or will make in the future as to payments to be made to the said Plans or Funds.
C. 1. The Library agrees that certain of its employees shall be entitled to payment of contributions on their behalf to the District Council 37 Education Fund. The employees for whom such contributions shall be paid shall be those in titles of the Library which are the same as the titles of employees of the City of New York for whom the City has agreed or agrees to make contributions to the District Council 37 Education Fund.
The Agreement of the Library covering certain of its employees under this Section shall be subject to the agreement of the City of New York to make such payments in such amounts as shall be determined from time to time by agreement between the City of New York and District Council 37, AFSCME, AFL-CIO.
2. Attendance at a course shall not interfere with staff coverage requirements of the Library.
The Agreement of the Library covering certain of its employees under this Section shall be subject to the agreement of the City of New York to make such payments in such amounts as shall be determined from time to time by agreement between the City of New York and District Council 37, AFSCME, AFL-CIO.
2. Attendance at a course shall not interfere with staff coverage requirements of the Library.
D. The Union may utilize a portion of the contribution to provide legal services for employees through a legally trusteed Fund established for such purpose.
E. The Union shall be entitled to receive such separate contributions as may be provided in this Agreement for welfare, training and legal services benefits as a single contribution. In such event, this contribution shall be paid into a trusteed District Council 37 Benefits Fund Trust, to be established by the Union and shall be held by the trustees of that fund for the exclusive purpose of providing, through other trusteed funds, welfare, training and legal service benefits for the employees so covered as well as any other benefits as the Library and the Union may agree upon.
F. The Union may allow the District Council 37 Benefits Fund Trust to utilize an amount not to exceed ten dollars per person covered per year from Welfare Fund contributions to help defray the costs of health insurance and pension counseling for such persons.
E. The Union shall be entitled to receive such separate contributions as may be provided in this Agreement for welfare, training and legal services benefits as a single contribution. In such event, this contribution shall be paid into a trusteed District Council 37 Benefits Fund Trust, to be established by the Union and shall be held by the trustees of that fund for the exclusive purpose of providing, through other trusteed funds, welfare, training and legal service benefits for the employees so covered as well as any other benefits as the Library and the Union may agree upon.
F. The Union may allow the District Council 37 Benefits Fund Trust to utilize an amount not to exceed ten dollars per person covered per year from Welfare Fund contributions to help defray the costs of health insurance and pension counseling for such persons.
A. Bulletin Boards.
At each location where there are employees covered by this agreement, the Library shall furnish space on a staff bulletin board approximately twenty (20) by twenty-eight (28) inches in size, or such other equivalent facilities usually used for bringing notices to staff attention, for exclusive use by the Union.
The bulletin board shall be used only for legitimate Union business. Any other notices may be posted only with the Library's prior approval.
Notices and announcements shall not contain anything of a public political nature or anything reflecting unfavorably upon the Library, or any of its employees, and no material, notices or announcements which violate the provisions of this section shall be posted.
B. Designation of Union Officers And Stewards.
The Union shall certify in writing to the Library the names of its officers, Executive Committee members and stewards and any changes in such Union representation as such changes occur during the term of this Agreement.
At each location where there are employees covered by this agreement, the Library shall furnish space on a staff bulletin board approximately twenty (20) by twenty-eight (28) inches in size, or such other equivalent facilities usually used for bringing notices to staff attention, for exclusive use by the Union.
The bulletin board shall be used only for legitimate Union business. Any other notices may be posted only with the Library's prior approval.
Notices and announcements shall not contain anything of a public political nature or anything reflecting unfavorably upon the Library, or any of its employees, and no material, notices or announcements which violate the provisions of this section shall be posted.
B. Designation of Union Officers And Stewards.
The Union shall certify in writing to the Library the names of its officers, Executive Committee members and stewards and any changes in such Union representation as such changes occur during the term of this Agreement.
C. Union Activity On Library Time.
1. There shall be no Union work or Union activity on the Library's time other than that which is specifically permitted by the terms of this Agreement.
2. Individuals who are not employees of the Library who are found to be engaged in any Union related activity on Library premises will be requested to refrain from continuing such activity except as provided by Section D of this Article.
D. Visitation.
Officers, agents, representatives or members of the Union who are not employees of the Library shall be admitted to the Library for the purpose of conferring with an employee who has a grievance, investigating a grievance and representing an employee at a grievance hearing as provided in the grievance procedure. Arrangements for such visits shall be made in advance through the Human Resources Department and such visits shall be limited to those portions of Library premises as shall be designated for this purpose.
1. There shall be no Union work or Union activity on the Library's time other than that which is specifically permitted by the terms of this Agreement.
2. Individuals who are not employees of the Library who are found to be engaged in any Union related activity on Library premises will be requested to refrain from continuing such activity except as provided by Section D of this Article.
D. Visitation.
Officers, agents, representatives or members of the Union who are not employees of the Library shall be admitted to the Library for the purpose of conferring with an employee who has a grievance, investigating a grievance and representing an employee at a grievance hearing as provided in the grievance procedure. Arrangements for such visits shall be made in advance through the Human Resources Department and such visits shall be limited to those portions of Library premises as shall be designated for this purpose.
E. Stewards.
The Library recognizes the right of the Union to designate shop stewards whose function shall be the investigation and presentation of grievances. The performance of this function shall in no way interrupt the normal functioning of the Library.
The Union shall notify the Library of the work locations under the jurisdiction of each shop steward.
F. Time Spent At Negotiations And Conferences.
The Library agrees to permit no more than six empoyees at any one time and no more than one employee from any designated work location to participate in Union negotiations or conference with the Library, without charge to accruals. An appropriate number of employees, mutually agreed upon by the Library and the Union, shall be granted permission to participate in negotiations with the City of New York relating to titles within the bargaining units in Article II.
Employees must receive advance approval for participation at such Union negotiations or conferences. Except as otherwise provided in the grievance procedure, no other union activity shall be conducted on Library time.
G. Use Of Meeting Room.
Subject to the same rules and regulations applicable to other organizations governing the use of Library meeting rooms, the Union shall have the right to the use of such rooms for Union meetings.
The Library recognizes the right of the Union to designate shop stewards whose function shall be the investigation and presentation of grievances. The performance of this function shall in no way interrupt the normal functioning of the Library.
The Union shall notify the Library of the work locations under the jurisdiction of each shop steward.
F. Time Spent At Negotiations And Conferences.
The Library agrees to permit no more than six empoyees at any one time and no more than one employee from any designated work location to participate in Union negotiations or conference with the Library, without charge to accruals. An appropriate number of employees, mutually agreed upon by the Library and the Union, shall be granted permission to participate in negotiations with the City of New York relating to titles within the bargaining units in Article II.
Employees must receive advance approval for participation at such Union negotiations or conferences. Except as otherwise provided in the grievance procedure, no other union activity shall be conducted on Library time.
G. Use Of Meeting Room.
Subject to the same rules and regulations applicable to other organizations governing the use of Library meeting rooms, the Union shall have the right to the use of such rooms for Union meetings.
A. The Library shall deduct the bi-weekly Union dues from the wages of any employee who is a member of the Union and who submits to the Library a written personally signed authorization card therefor. The Library shall deduct from the wages of employees in the bargaining units who do not choose to become members of the Union, a contract consideration fee which shall be an amount of money equal to that paid by other employees in the bargaining unit who are members of the Union as provided for in Article XVII. The Library shall submit to the Union a list of employees in the bargaining units, indicating the decision made by each employee regarding check-off for membership dues or contract consideration fee. Any change in the bi-weekly dues shall require a statement from the Union that the dues were changed in accordance with Local 1482's Constitution. Such change shall become effective two payroll periods after receipt by the Library.
B. The total amount of dues and contract consideration fee withheld, less a charge for Library expenses incurred in connection with this deduction, as specified in section G below, shall be remitted to the Union no later than seven days following the pay period in which such dues and contract consideration fees were deducted, with a list of additions and deletions.
C. An authorization for the deduction of Union dues shall be accepted by the Library only if submitted on the approved checkoff authorization card which shall be personally signed and submitted complete in all respects. All checkoff authorization cards shall be dated as of the date of submission to the Library and shall become effective beginning the second payroll period after receipt.
D. Authorization may be revoked and deduction of Union dues terminated by the employee giving the Library and/or the Union thirty (30) days written notice in advance. Authorization of deductions shall remain in effect for the duration of this Agreement, except as provided above.
B. The total amount of dues and contract consideration fee withheld, less a charge for Library expenses incurred in connection with this deduction, as specified in section G below, shall be remitted to the Union no later than seven days following the pay period in which such dues and contract consideration fees were deducted, with a list of additions and deletions.
C. An authorization for the deduction of Union dues shall be accepted by the Library only if submitted on the approved checkoff authorization card which shall be personally signed and submitted complete in all respects. All checkoff authorization cards shall be dated as of the date of submission to the Library and shall become effective beginning the second payroll period after receipt.
D. Authorization may be revoked and deduction of Union dues terminated by the employee giving the Library and/or the Union thirty (30) days written notice in advance. Authorization of deductions shall remain in effect for the duration of this Agreement, except as provided above.
E. The Union shall designate an officer who shall be responsible for receipt of the remittance of dues and contract consideration fees. The Library and/or its officials and employees shall not be liable either to the Union or to any employee member of the Union in connection with the deduction of Union dues, contract consideration fees or the checkoff system, for any mistake, error of judgment or any other act of omission or commission with respect thereto or to see the application or disbursement of these funds by the recipient thereof.
F. It is the understanding and agreement of the Library and the Union that this checkoff system is for the collection of dues and contract consideration fees only and shall not be used for the collection of any Union-imposed fines, penalties, or assessments, nor shall it be used for the collection of initiation fees or any other type of Union collection of monies. It is understood that in the event that an employees earnings are insufficient to provide for all authorized deductions, Union dues and contract consideration fees shall be considered last in arithmetical sequence; therefore, where the residual amount of pay after all deductions is less than the full amount of dues or contract consideration fees, no fractional amount of deduction shall be made or carried over for deduction in any subsequent payroll period.
G. A service charge of five cents (.05) per employee per pay period shall be withheld by the Library from the bi-weekly checkoff remittance to the Union.
F. It is the understanding and agreement of the Library and the Union that this checkoff system is for the collection of dues and contract consideration fees only and shall not be used for the collection of any Union-imposed fines, penalties, or assessments, nor shall it be used for the collection of initiation fees or any other type of Union collection of monies. It is understood that in the event that an employees earnings are insufficient to provide for all authorized deductions, Union dues and contract consideration fees shall be considered last in arithmetical sequence; therefore, where the residual amount of pay after all deductions is less than the full amount of dues or contract consideration fees, no fractional amount of deduction shall be made or carried over for deduction in any subsequent payroll period.
G. A service charge of five cents (.05) per employee per pay period shall be withheld by the Library from the bi-weekly checkoff remittance to the Union.
A. 1. The term grievance shall mean any dispute between the Library and the Union or between the Library and any employee or group of employees within the bargaining units concerning the meaning and application and the alleged violation of the express written provisions of this collective bargaining agreement, or any inequitable application of the Library's rules, regulations, procedures and policies which have an adverse effect on an employee, group of employees or all employees within the bargaining units. The term grievance shall also include the discipline of an employee or group of employees.
2. The term grievance shall also mean a dispute concerning any adverse action taken by the Library as a result of Administrative decisions following a Special Probation Rating. Such grievance will commence at the Step 2. Such grievance must be submitted no later than thirty (30) work days after the grievance arises.
3. A grievance of any employee or group of employees to be considered under STEP 1 hereunder must be submitted no later than thirty (30) work days after the grievance arises, or after the aggrieved employee may reasonably be presumed to have knowledge of the matter. The time limitations stated in the procedure are of the essence and not merely procedural.
4. Such grievances will be handled according to the following procedure, but nothing herein will prevent any employee from discussing any problem with his/her supervisor, branch or agency head.
5. Any employee in the bargaining unit who is not satisfied with the problem as informally resolved may file a grievance with respect to those matters expressly made subject to the grievance procedure, and no other matters, in a form and under the terms and conditions of this procedure as follows. Any such grievance filed must be in writing.
6. The Library shall notify the Union in writing of any grievance filed by employees acting independently. The Union shall have the right to have an observer present at the hearing. The observer shall not participate in the hearing unless requested to do so by the grievant. The Library shall notify the Union of the determination subsequent to the hearing.
2. The term grievance shall also mean a dispute concerning any adverse action taken by the Library as a result of Administrative decisions following a Special Probation Rating. Such grievance will commence at the Step 2. Such grievance must be submitted no later than thirty (30) work days after the grievance arises.
3. A grievance of any employee or group of employees to be considered under STEP 1 hereunder must be submitted no later than thirty (30) work days after the grievance arises, or after the aggrieved employee may reasonably be presumed to have knowledge of the matter. The time limitations stated in the procedure are of the essence and not merely procedural.
4. Such grievances will be handled according to the following procedure, but nothing herein will prevent any employee from discussing any problem with his/her supervisor, branch or agency head.
5. Any employee in the bargaining unit who is not satisfied with the problem as informally resolved may file a grievance with respect to those matters expressly made subject to the grievance procedure, and no other matters, in a form and under the terms and conditions of this procedure as follows. Any such grievance filed must be in writing.
6. The Library shall notify the Union in writing of any grievance filed by employees acting independently. The Union shall have the right to have an observer present at the hearing. The observer shall not participate in the hearing unless requested to do so by the grievant. The Library shall notify the Union of the determination subsequent to the hearing.
B. Procedure.
1. STEP 1. To initiate a grievance under the formal grievance procedure, the employee shall submit in writing a statement of the grievance to the employee's immediate supervisor, who shall show that he/she has seen it by placing his/her initials thereon. The employee shall then forward the statement through the normal channels so that it reaches the director of the department in question within thirty work days after the grievance arose or after the aggrieved employee may reasonably be presumed to have had knowledge of the matter.
The department head shall render a written decision within ten (10) work days after the receipt of the grievance. In the submission of this grievance the employee may be assisted by an individual who is an employee of the Library.
2. STEP 2. The grievance shall be deemed to have been satisfactorily disposed of under STEP 1 unless within five work days after the recipient in STEP 1 has rendered his/her decision, the aggrieved employee or his/her representative submits in writing an appeal to the Labor Relations Officer who shall conduct a grievance hearing within fourteen (14) work days after the receipt of the appeal. At any such hearing the employee may appear with a union shop steward or a representative of his/her own choosing. The party conducting the hearing shall at his/her discretion render a decision at the conclusion of the hearing or within fourteen (14) work days after the conclusion of the hearing.
3. STEP 3. The grievance shall be deemed to have been satisfactorily disposed of under the preceding steps unless within ten (10) work days after receiving the determination of the party designated in STEP 2, the employee or his/her representative presents an appeal in writing to the Executive Director. The Executive Director or his/her designee may, at his/her discretion, conduct a further hearing. At any such hearing, the employee may appear with a union shop steward or representatives of his/her own choosing, one of whom may be an employee of the Library. The Executive Director or his/her designee shall render a decision within twenty (20) work days after receipt of the grievance. A copy of this decision shall be sent to the Union.
4. If the Library exceeds any of these time limits, the grievant and/or the Union may invoke the next step in the grievance procedure by giving written notice; except, however, that only the Union may invoke arbitration under Article XV.
1. STEP 1. To initiate a grievance under the formal grievance procedure, the employee shall submit in writing a statement of the grievance to the employee's immediate supervisor, who shall show that he/she has seen it by placing his/her initials thereon. The employee shall then forward the statement through the normal channels so that it reaches the director of the department in question within thirty work days after the grievance arose or after the aggrieved employee may reasonably be presumed to have had knowledge of the matter.
The department head shall render a written decision within ten (10) work days after the receipt of the grievance. In the submission of this grievance the employee may be assisted by an individual who is an employee of the Library.
2. STEP 2. The grievance shall be deemed to have been satisfactorily disposed of under STEP 1 unless within five work days after the recipient in STEP 1 has rendered his/her decision, the aggrieved employee or his/her representative submits in writing an appeal to the Labor Relations Officer who shall conduct a grievance hearing within fourteen (14) work days after the receipt of the appeal. At any such hearing the employee may appear with a union shop steward or a representative of his/her own choosing. The party conducting the hearing shall at his/her discretion render a decision at the conclusion of the hearing or within fourteen (14) work days after the conclusion of the hearing.
3. STEP 3. The grievance shall be deemed to have been satisfactorily disposed of under the preceding steps unless within ten (10) work days after receiving the determination of the party designated in STEP 2, the employee or his/her representative presents an appeal in writing to the Executive Director. The Executive Director or his/her designee may, at his/her discretion, conduct a further hearing. At any such hearing, the employee may appear with a union shop steward or representatives of his/her own choosing, one of whom may be an employee of the Library. The Executive Director or his/her designee shall render a decision within twenty (20) work days after receipt of the grievance. A copy of this decision shall be sent to the Union.
4. If the Library exceeds any of these time limits, the grievant and/or the Union may invoke the next step in the grievance procedure by giving written notice; except, however, that only the Union may invoke arbitration under Article XV.
C. Disciplinary Procedure.
1. Where as a result of the Library's investigation it is determined that an employee is to be disciplined, he/she shall receive a written statement of charges. A hearing shall be held on these charges at the STEP 2 level of the grievance procedure. Such a hearing shall be held within ten (10) working days after the receipt of the statement of charges by the grievant. At such hearing the employee may appear with a union shop steward or representatives of his/her own choosing. The Labor Relations Officer shall serve as the Hearing Officer.
2. The decision of the Hearing Officer shall be made within fifteen (15) working days after the close of the Hearing. The disciplinary grievance shall be deemed satisfactorily disposed of under the preceding step unless within five (5) working days after receipt of the decision the employee presents an appeal in writing to the Director. The Director or his/her designee may at his/her discretion conduct a further hearing. At such hearing the employee may appear with a union shop steward or representatives of his/her own choosing, one of whom may be an employee of the Library. The Director or his/her designee shall render a decision within 15 working days after receipt of the appeal.
3. Where the disciplinary action would involve a suspension without pay for five (5) working days or more, or termination, the imposition of such discipline shall become effective only after the final step in the disciplinary proceeding, except that such disciplinary action shall be taken summarily by the Library where the acts of the employee are criminal in nature or involve the health, welfare or safety of the staff or the public, or which endanger Library property. Any other disciplinary action shall be taken at the conclusion of the disciplinary hearing.
1. Where as a result of the Library's investigation it is determined that an employee is to be disciplined, he/she shall receive a written statement of charges. A hearing shall be held on these charges at the STEP 2 level of the grievance procedure. Such a hearing shall be held within ten (10) working days after the receipt of the statement of charges by the grievant. At such hearing the employee may appear with a union shop steward or representatives of his/her own choosing. The Labor Relations Officer shall serve as the Hearing Officer.
2. The decision of the Hearing Officer shall be made within fifteen (15) working days after the close of the Hearing. The disciplinary grievance shall be deemed satisfactorily disposed of under the preceding step unless within five (5) working days after receipt of the decision the employee presents an appeal in writing to the Director. The Director or his/her designee may at his/her discretion conduct a further hearing. At such hearing the employee may appear with a union shop steward or representatives of his/her own choosing, one of whom may be an employee of the Library. The Director or his/her designee shall render a decision within 15 working days after receipt of the appeal.
3. Where the disciplinary action would involve a suspension without pay for five (5) working days or more, or termination, the imposition of such discipline shall become effective only after the final step in the disciplinary proceeding, except that such disciplinary action shall be taken summarily by the Library where the acts of the employee are criminal in nature or involve the health, welfare or safety of the staff or the public, or which endanger Library property. Any other disciplinary action shall be taken at the conclusion of the disciplinary hearing.
D. General Provisions.
1. By mutual written agreement between the Library and the Union, the time to appeal and the time to answer mentioned in any of the steps of the grievance procedure may be extended or waived. The waiver of a step of the grievance procedure must be by mutual agreement but need not be in writing.
2. At least (3) days' notice of any hearing under STEP 2 or STEP 3 shall be given to the employee or employees affected.
3. No person may represent an employee under this grievance procedure who is an agent of another employee organization.
4. Saturdays, Sundays, holidays and any days on which the Library shall not be open shall be deemed excluded from the computation of "work days" as said term is used in this procedure.
5. A grievance contending that the performance of certain job functions are allegedly inconsistent with job specifications may be presented only on his or her own behalf by an employee required or directed to perform such job functions, or by an employee on behalf of a group of which he or she is a member, other members of which group have been required or directed to perform such job functions, or by the Union. Except as provided herein, no employee may present a grievance with respect to the performance by other employees of job functions allegedly inconsistent with job specifications.
6. Any employee-grievant shall be released from work with pay for the time necessary to testify at his/her grievance and arbitration hearings. Upon request by the said grievant or by his/her attorney or by the Union stating the name and location of each, a reasonable number of employee witnesses shall also be released for the time necessary for each to testify at such hearings.
1. By mutual written agreement between the Library and the Union, the time to appeal and the time to answer mentioned in any of the steps of the grievance procedure may be extended or waived. The waiver of a step of the grievance procedure must be by mutual agreement but need not be in writing.
2. At least (3) days' notice of any hearing under STEP 2 or STEP 3 shall be given to the employee or employees affected.
3. No person may represent an employee under this grievance procedure who is an agent of another employee organization.
4. Saturdays, Sundays, holidays and any days on which the Library shall not be open shall be deemed excluded from the computation of "work days" as said term is used in this procedure.
5. A grievance contending that the performance of certain job functions are allegedly inconsistent with job specifications may be presented only on his or her own behalf by an employee required or directed to perform such job functions, or by an employee on behalf of a group of which he or she is a member, other members of which group have been required or directed to perform such job functions, or by the Union. Except as provided herein, no employee may present a grievance with respect to the performance by other employees of job functions allegedly inconsistent with job specifications.
6. Any employee-grievant shall be released from work with pay for the time necessary to testify at his/her grievance and arbitration hearings. Upon request by the said grievant or by his/her attorney or by the Union stating the name and location of each, a reasonable number of employee witnesses shall also be released for the time necessary for each to testify at such hearings.
A. If a grievance is not resolved at the last step of the grievance procedure, the Union may, within fifteen (15) working days, take the grievance to arbitration by submitting a written request for arbitration to the American Arbitration Association. A copy of the request for arbitration shall be sent to the Library.
B. The American Arbitration Association shall submit a list of the names of arbitrators to the parties. The parties shall strike from the list of arbitrators until an arbitrator is selected in accordance with the rules and procedure of the said Association. The fees and expenses of the arbitrator shall be equally shared by the Library and the Union.
B. The American Arbitration Association shall submit a list of the names of arbitrators to the parties. The parties shall strike from the list of arbitrators until an arbitrator is selected in accordance with the rules and procedure of the said Association. The fees and expenses of the arbitrator shall be equally shared by the Library and the Union.
C. The resolution of any arbitration and the resulting Arbitration Award shall not in any way diminish the Library's rights of management as defined in Article III, nor shall an arbitrator's right to make a fair and equitable finding in a matter brought by a grievant or group of grievants be diminished in any way.
D. 1. The decision of the arbitrator shall be binding upon the Library, the Union, their officers and agents, and the affected employee or employees. However, the arbitrator shall not in any manner, whether by drawing inference or otherwise, modify, add to, subtract from, or otherwise alter the provisions of this Agreement. The authority of the arbitrator shall be limited to the interpretation and application of the express written provisions of this Agreement.
2. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
E. The arbitrator shall have the authority, subject to the availability of appropriate funds within the applicable payroll program for this purpose, to order or deny reinstatement of the employee with or without back pay in full or in part. In the event there is an award of any back pay, any earnings by the employee in other employment or supplementation of income from any source during this period of unemployment which would not have been earned or received had the employee not been unemployed, shall be offset and deducted from this award.
D. 1. The decision of the arbitrator shall be binding upon the Library, the Union, their officers and agents, and the affected employee or employees. However, the arbitrator shall not in any manner, whether by drawing inference or otherwise, modify, add to, subtract from, or otherwise alter the provisions of this Agreement. The authority of the arbitrator shall be limited to the interpretation and application of the express written provisions of this Agreement.
2. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
E. The arbitrator shall have the authority, subject to the availability of appropriate funds within the applicable payroll program for this purpose, to order or deny reinstatement of the employee with or without back pay in full or in part. In the event there is an award of any back pay, any earnings by the employee in other employment or supplementation of income from any source during this period of unemployment which would not have been earned or received had the employee not been unemployed, shall be offset and deducted from this award.
F. 1. The arbitrator shall have no authority to make any award which is not within the sole power of the Library to implement, including, but not limited to, payment for salaries and other items which, under this Agreement, are contingent upon the allocation to the Library of appropriate funds within the applicable and appropriate payroll or funding program and for which such funds have not been allocated.
2. The arbitrator shall have no authority to change rates of wages, salaries and other compensation for any job title, position or classification or determine that employees should be classified or reclassified to a different title, position or classification.
G. 1. Nothing contained in the arbitration or grievance Articles of this Agreement shall preclude an employee or group of employees from obtaining an arbitrator's decision that finds an employee or group of employees are performing job functions which are inconsistent with their job specification.
2. Notwithstanding any other provision of this Agreement, the arbitrator upon finding that an employee or group of employees are or have been performing job functions inconsistent with their job specifications, shall have the authority to order back pay for performing such job functions from the appropriate payroll program, subject, with respect to publicly funded grant employees, to the availability of appropriate funds in the applicable and appropriate payroll program. In no event shall back pay be awarded for any period in excess of thirty work days.
H. The Library shall not have the right to initiate a grievance or request an arbitration under this Agreement.
2. The arbitrator shall have no authority to change rates of wages, salaries and other compensation for any job title, position or classification or determine that employees should be classified or reclassified to a different title, position or classification.
G. 1. Nothing contained in the arbitration or grievance Articles of this Agreement shall preclude an employee or group of employees from obtaining an arbitrator's decision that finds an employee or group of employees are performing job functions which are inconsistent with their job specification.
2. Notwithstanding any other provision of this Agreement, the arbitrator upon finding that an employee or group of employees are or have been performing job functions inconsistent with their job specifications, shall have the authority to order back pay for performing such job functions from the appropriate payroll program, subject, with respect to publicly funded grant employees, to the availability of appropriate funds in the applicable and appropriate payroll program. In no event shall back pay be awarded for any period in excess of thirty work days.
H. The Library shall not have the right to initiate a grievance or request an arbitration under this Agreement.
A. The Union shall neither cause nor counsel its members, or any of them, to strike, to directly or indirectly commit any concerted acts of work stoppage, slowdown, or mass absenteeism, or to refuse to faithfully and properly perform, in whole or in part, any customarily assigned duties for the Library. The members of the Union shall not strike, directly or indirectly commit any concerted acts of work stoppage, slowdown, mass absenteeism, or refuse to faithfully and properly perform, in whole or in part, any customarily assigned duties for the Library. The occurrence of any such acts or actions prohibited in this section either on the part of the Union or its members shall be deemed a violation of this Agreement and shall render the Union and/or its officers, agents, and members subject to the penalties provided herein.
B. Penalties Against Employees.
1. Any employee who commits any of the acts prohibited in this section may be subject to discharge, suspension or other disciplinary action.
2. In the event any employee or a group of employees engages in the prohibited actions and activities mentioned above, the Library shall have the right to impose the aforementioned disciplinary action, which action shall be subject to the arbitration provisions of this Agreement only on the question of whether the employee or employees did or did not participate in such action. Any claim of involuntary participation shall not be considered as a defense in such arbitration. If the arbitrator decides that the employee did engage in such action or activities, he shall sustain the disciplinary action imposed by the Library.
B. Penalties Against Employees.
1. Any employee who commits any of the acts prohibited in this section may be subject to discharge, suspension or other disciplinary action.
2. In the event any employee or a group of employees engages in the prohibited actions and activities mentioned above, the Library shall have the right to impose the aforementioned disciplinary action, which action shall be subject to the arbitration provisions of this Agreement only on the question of whether the employee or employees did or did not participate in such action. Any claim of involuntary participation shall not be considered as a defense in such arbitration. If the arbitrator decides that the employee did engage in such action or activities, he shall sustain the disciplinary action imposed by the Library.
C. Penalties Against The Union.
1. If the Union has either directly or indirectly authorized, sanctioned, caused or counseled its members or any of them to strike, to directly or indirectly commit any concerted acts of work stoppage, slowdown, or mass absenteeism, or to refuse to faithfully and properly perform, in whole or in part, any customarily assigned duties for the Library, then the Union shall be liable to the Library for reasonable damages.
2. In addition to any damages to which the Library is entitled under this section, the Library, without prejudice thereto, may enforce any other legal right to which by law or equity it is entitled.
D. No Lockout.
The Library will not lock out its employees. However if any employee is unable to work because equipment or facilities are not available due to a strike, work stoppage, or slowdown by any other employees, such inability to work shall not be deemed a lockout under the provision of this section. In the event of a lockout the Library shall be liable to the Union for reasonable damages. In no event shall these damages exceed the wages which would have been earned had the employees not been locked out.
The provisions of this clause shall not be subject to the arbitration clause.
1. If the Union has either directly or indirectly authorized, sanctioned, caused or counseled its members or any of them to strike, to directly or indirectly commit any concerted acts of work stoppage, slowdown, or mass absenteeism, or to refuse to faithfully and properly perform, in whole or in part, any customarily assigned duties for the Library, then the Union shall be liable to the Library for reasonable damages.
2. In addition to any damages to which the Library is entitled under this section, the Library, without prejudice thereto, may enforce any other legal right to which by law or equity it is entitled.
D. No Lockout.
The Library will not lock out its employees. However if any employee is unable to work because equipment or facilities are not available due to a strike, work stoppage, or slowdown by any other employees, such inability to work shall not be deemed a lockout under the provision of this section. In the event of a lockout the Library shall be liable to the Union for reasonable damages. In no event shall these damages exceed the wages which would have been earned had the employees not been locked out.
The provisions of this clause shall not be subject to the arbitration clause.
All employees in the bargaining units who are not Union members upon completion of 30 days of employment or 30 days after execution of this Agreement, whichever is later, shall, as a condition of continued employment, pay to the Union, the employees exclusive bargaining representative, an amount of money equal to that paid by other employees in the bargaining unit who are union members, which amount shall be limited to an amount equal to the Union's regular monthly dues, and the deduction from wages of such amount shall be based upon a written personally signed authorization card. The provisions of this Article shall in no way impair the rights set forth in Article I of the collective bargaining agreement. An employee shall have the right to join or not to join the Union. The Union agrees that it will indemnify and hold the Library harmless from any recovery of damages sustained by reason of any action taken under this Article.
No material derogatory to an employee's conduct, service, character or personality shall be placed in the employee's personnel file unless the employee has had an opportunity to read the material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed with the understanding thatsuch signature merely signifies that he/she has read the material to be filed, and does not necessarily indicate agreement with its content. The employee shall have the right to answer any material filed and his/her answer shall be attached to the file copy.
The employee shall subsequently have the right to see and/or reproduce any document he/she has initialed. Any evaluatory statement with respect to the employee's work performance or conduct which he/she has not seen previously shall not be introduced into evidence in any subsequent disciplinary action against the employee.
The employee shall subsequently have the right to see and/or reproduce any document he/she has initialed. Any evaluatory statement with respect to the employee's work performance or conduct which he/she has not seen previously shall not be introduced into evidence in any subsequent disciplinary action against the employee.
A. Safety.
1. Adequate, clean, structurally safe and sanitary working facilities shall be provided for all employees in conformance with minimum standards of applicable law.
2. Motor vehicles and power equipment which are in compliance with minimum standards of applicable law shall be provided to employees who are required to use such devices.
3. A first aid chest, adequately marked, shall be provided in each agency.
4. The Library shall make reasonable efforts to provide for the personal security of employees working in library agencies during such hours as said locations are open to the public.
5. At no time will there be less than two employees assigned to work at any given time at the Central Library.
6. The sole remedy for alleged violation of this Article shall be a grievance pursuant to Article XIV of this contract. Any employee who withholds services as a means of redressing or otherwise protesting alleged violations of this Article shall be docked pay for any unauthorized nonperformance of work and may be subject to any appropriate disciplinary action.
7. In construing this Article, an arbitrator shall have the power only to decide whether the subject facilities meet the required standards, but may not affirmatively direct how the library should comply with this Article. If the arbitrator determines that the Library is in violation of this Article, the Library shall take appropriate steps to remedy the violation. If a remedy requires an expenditure of funds not expressly provided for that purpose in the Library's budget by the City of New York, funds will be requested by the Library from the City of New York. The Library will not be expected to implement such remedy until funds for that purpose are authorized by the City of New York.
1. Adequate, clean, structurally safe and sanitary working facilities shall be provided for all employees in conformance with minimum standards of applicable law.
2. Motor vehicles and power equipment which are in compliance with minimum standards of applicable law shall be provided to employees who are required to use such devices.
3. A first aid chest, adequately marked, shall be provided in each agency.
4. The Library shall make reasonable efforts to provide for the personal security of employees working in library agencies during such hours as said locations are open to the public.
5. At no time will there be less than two employees assigned to work at any given time at the Central Library.
6. The sole remedy for alleged violation of this Article shall be a grievance pursuant to Article XIV of this contract. Any employee who withholds services as a means of redressing or otherwise protesting alleged violations of this Article shall be docked pay for any unauthorized nonperformance of work and may be subject to any appropriate disciplinary action.
7. In construing this Article, an arbitrator shall have the power only to decide whether the subject facilities meet the required standards, but may not affirmatively direct how the library should comply with this Article. If the arbitrator determines that the Library is in violation of this Article, the Library shall take appropriate steps to remedy the violation. If a remedy requires an expenditure of funds not expressly provided for that purpose in the Library's budget by the City of New York, funds will be requested by the Library from the City of New York. The Library will not be expected to implement such remedy until funds for that purpose are authorized by the City of New York.
B. Security.
1. Two-way cellular communication devices shall be provided to security staff who are called to respond to emergencies after the library in question is closed.
2. A maintenance employee shall not be required to respond to an emergency call to a closed building after dark unless he/she is either accompanied by an armed security person or there is an armed security person on the premises of the library in question.
1. Two-way cellular communication devices shall be provided to security staff who are called to respond to emergencies after the library in question is closed.
2. A maintenance employee shall not be required to respond to an emergency call to a closed building after dark unless he/she is either accompanied by an armed security person or there is an armed security person on the premises of the library in question.
A. Employees authorized to use their own car for Library business shall be paid twenty-eight cents ($0.28) per mile with a minimum guarantee of 30 miles for each day of authorized and actual use.
B. Said mileage allowance shall not include payment for the distance traveled from the employee's home to the first work location in a given day or from the last work location to the employee's home unless the employee is authorized and required to carry special equipment or materials which cannot feasibly be transported via mass transit.
B. Said mileage allowance shall not include payment for the distance traveled from the employee's home to the first work location in a given day or from the last work location to the employee's home unless the employee is authorized and required to carry special equipment or materials which cannot feasibly be transported via mass transit.
A. The regular holidays with pay shall be as follows:
New Year's Day - January 1st
Martin Luther King, Jr. Day - Third Monday in January
Lincoln's Birthday* - February 12th
Washington's Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - First Monday in September
Columbus Day - Second Monday in October
Veteran's Day - November 11th
Election Day* - First Tuesday following the first Monday in November
Thanksgiving Day - Fourth Thursday in November
Christmas Day - December 25th
*See section C.
B. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday.
New Year's Day - January 1st
Martin Luther King, Jr. Day - Third Monday in January
Lincoln's Birthday* - February 12th
Washington's Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - First Monday in September
Columbus Day - Second Monday in October
Veteran's Day - November 11th
Election Day* - First Tuesday following the first Monday in November
Thanksgiving Day - Fourth Thursday in November
Christmas Day - December 25th
*See section C.
B. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday.
C. Effective, upon implementation of this contract, an Employee shall be entitled to one floating holiday in each calendar year in lieu of Election Day. Effective 2002, an Employee shall be entitled to an additional floating holiday in each calendar year in lieu of Lincoln's Birthday. Employees who are in active pay status on the day before the holiday shall receive the floating holiday and shall have one year in which to use the respective holiday, subject to the following conditions.
1. The floating holiday shall be taken at the employee's discretion, subject to the needs of the Library. Employees must request to use their floating holidays in writing at least 30 days in advance on a form supplied by the Library. Approval or disapproval of the request shall be made on the same form by the branch librarian/division chief/agency head. Decisions shall be made within ten (10) working days of the submission.
2. Employees wishing to use their floating holiday to observe Election Day shall file such request by October 1st. Employees wishing to use their floating holiday to observe Lincoln's Birthday shall file such request by January 15th. Approval shall not be unreasonably denied.
3. Once a floating holiday request has been approved, the approval may not be rescinded except in writing by the Director of Human Resources. If an employee is required to work on a floating holiday once the request for it has been approved, the employee shall receive a fifty percent (50%) cash premium for all regularly scheduled hours worked on the floating holiday and shall, in addition, receive compensatory time off at the employee's regular rate of pay.
4. The floating holiday must be used within one year of when the holiday, as listed in section A, occurs.
1. The floating holiday shall be taken at the employee's discretion, subject to the needs of the Library. Employees must request to use their floating holidays in writing at least 30 days in advance on a form supplied by the Library. Approval or disapproval of the request shall be made on the same form by the branch librarian/division chief/agency head. Decisions shall be made within ten (10) working days of the submission.
2. Employees wishing to use their floating holiday to observe Election Day shall file such request by October 1st. Employees wishing to use their floating holiday to observe Lincoln's Birthday shall file such request by January 15th. Approval shall not be unreasonably denied.
3. Once a floating holiday request has been approved, the approval may not be rescinded except in writing by the Director of Human Resources. If an employee is required to work on a floating holiday once the request for it has been approved, the employee shall receive a fifty percent (50%) cash premium for all regularly scheduled hours worked on the floating holiday and shall, in addition, receive compensatory time off at the employee's regular rate of pay.
4. The floating holiday must be used within one year of when the holiday, as listed in section A, occurs.
The Library shall remain open no later than 1: 00 P. M. on the day preceding Christmas Day and on the day preceding New Year's Day. Time off after 1: 00 P. M. on these days shall not be charged to employee's leave credits.
Employees required to work after 1: 00 P. M. on these days shall receive equivalent compensatory time off.
Employees required to work after 1: 00 P. M. on these days shall receive equivalent compensatory time off.
On the following holidays employees desirous of taking time off shall be granted such time by the head of their agency. This time shall be charged against annual leave or accrued compensatory time.
A. Rosh Hashanah
B. Yom Kippur
C. Good Friday
A. Rosh Hashanah
B. Yom Kippur
C. Good Friday
All employees on active pay status on December 1st of each year shall receive a bonus day available to be used through the end of each fiscal year. All bonus days shall be scheduled, in advance, on a day mutually agreed upon between the supervisor and the employee.
A. Custodial personnel not currently covered by contractual uniform service shall be provided two uniforms. Employees receiving these uniforms shall be responsible for maintaining them. Replacement of uniforms shall be consistent with normal wear and tear. It is expressly understood that the uniforms are the property of the Brooklyn Public Library. They must be returned to the Library in the event an employee leaves the employ of the Library.
B. A winter jacket shall be provided to every Maintainer, Assistant Maintainer, Supervising Maintainer and Custodial Assistant. Employees receiving these winter jackets shall be responsible for maintaining them. Replacement of winter jackets shall be consistent with normal wear and tear. It is expressly understood that these winter jackets are the property of the Brooklyn Public Library. They must be returned to the Library in the event an employee leaves the employ of the Library.
C. The Library shall supply smocks for use by staff, as follows:
1. One (1) smock in agencies with up to 5 full time employees, not including custodians;
2. Two (2) smocks in agencies with 6 to 10 full time employees, not including custodians; and
3. Three (3) smocks in agencies with 11 or more full time employees, not including custodians.
Agency staff shall be responsible for maintaining the smocks.
D. The Library shall supply one poncho per library agency for use by custodians in inclement weather.
E. Replacement of smocks and ponchos shall be consistent with normal wear and tear.
B. A winter jacket shall be provided to every Maintainer, Assistant Maintainer, Supervising Maintainer and Custodial Assistant. Employees receiving these winter jackets shall be responsible for maintaining them. Replacement of winter jackets shall be consistent with normal wear and tear. It is expressly understood that these winter jackets are the property of the Brooklyn Public Library. They must be returned to the Library in the event an employee leaves the employ of the Library.
C. The Library shall supply smocks for use by staff, as follows:
1. One (1) smock in agencies with up to 5 full time employees, not including custodians;
2. Two (2) smocks in agencies with 6 to 10 full time employees, not including custodians; and
3. Three (3) smocks in agencies with 11 or more full time employees, not including custodians.
Agency staff shall be responsible for maintaining the smocks.
D. The Library shall supply one poncho per library agency for use by custodians in inclement weather.
E. Replacement of smocks and ponchos shall be consistent with normal wear and tear.
Lateness caused by a verified major failure of public transportation, such as a widespread or total power failure of significant duration or other catastrophe of similar severity shall be excused.
No employee shall be involuntarily terminated or reduced in salary as a result of the introduction of automation to the Library's services or procedures.
The Union shall be given reasonable notice where possible in advance of the introduction of automation or technological changes.
The Union shall be given reasonable notice where possible in advance of the introduction of automation or technological changes.
The Library may at its sole discretion issue ID Cards to its employees. Should an employee lose his/her ID card, the first replacement will be issued at no cost to the employee. The fee to the employee for replacement other than the first one will be $3.00. A $3.00 deduction will be made from the employee's final pay check should he/she not return the ID Card upon termination of his/her employment.
Unless mutually agreed by the parties, no later than 60 calendar days after the contract is signed the Library with the Union's participation shall implement procedures enabling employees to purchase Transit Cheks (Metro Cards) through pre-tax payroll deductions.
A. Each newly hired employee shall have a probation period of not more than six months. Notwithstanding, the Library may terminate an employee who commits an act of misconduct at any time during the probationary period without recourse to the grievance/arbitration procedure.
B. 1. Unless a special rating is required at the discretion of the Library at the end of the first three months of the probation period an initial service rating shall be prepared by the Library at the conclusion of the probation period and in accordance with existing procedures.
2. An employee who receives a satisfactory or better evaluation in such rating for the probation period shall have successfully completed such period.
3. An employee who receives an unsatisfactory evaluation in such rating for the probation period may, in the discretion of the Library, have his/her employment terminated, and such an action by the Library shall not be subject to the grievance or arbitration provisions of this Agreement.
C. An employee advanced, reclassified or payroll transferred by the Library to a position in another occupational title or series, consistent with the terms of this Agreement, shall have a probation period of not more than six months in the new position and shall be subject to the provisions of Section B of this Article, except however that if such an employee receives an unsatisfactory evaluation in the service rating for such probation period, the employee shall be entitled to return to his/her previous title and grade level in which he/she served satisfactorily.
D. If a service rating covering probation shall be delayed beyond the period of probation, such rating shall not include the evaluation of any matter beyond such period, and a successful completion of probation shall be effective retroactively to the conclusion of such period. In no event shall such a rating be delayed for any reason more than 120 calendar days beyond the period of probation.
B. 1. Unless a special rating is required at the discretion of the Library at the end of the first three months of the probation period an initial service rating shall be prepared by the Library at the conclusion of the probation period and in accordance with existing procedures.
2. An employee who receives a satisfactory or better evaluation in such rating for the probation period shall have successfully completed such period.
3. An employee who receives an unsatisfactory evaluation in such rating for the probation period may, in the discretion of the Library, have his/her employment terminated, and such an action by the Library shall not be subject to the grievance or arbitration provisions of this Agreement.
C. An employee advanced, reclassified or payroll transferred by the Library to a position in another occupational title or series, consistent with the terms of this Agreement, shall have a probation period of not more than six months in the new position and shall be subject to the provisions of Section B of this Article, except however that if such an employee receives an unsatisfactory evaluation in the service rating for such probation period, the employee shall be entitled to return to his/her previous title and grade level in which he/she served satisfactorily.
D. If a service rating covering probation shall be delayed beyond the period of probation, such rating shall not include the evaluation of any matter beyond such period, and a successful completion of probation shall be effective retroactively to the conclusion of such period. In no event shall such a rating be delayed for any reason more than 120 calendar days beyond the period of probation.
The Library will prepare job descriptions which will be reviewed by the Union who will make recommendations. However, final responsibility for content of the job descriptions rests solely with the Library.
The Library shall elect to be covered by the City Wide Disability benefit. Upon the City's approval the following benefits shall be implemented:
A. Upon the determination of the Executive Director that an employee has been physically disabled because of an assault arising out of and in the course of his/her employment, the Executive Director will grant the injured employee a leave of absence with pay not to exceed eighteen (18) months. No such leave with pay shall be granted unless the Workmen's Compensation Division of the Law Department advises the Executive Director in writing that the employee's injury has been accepted by the Division as compensable under the Workmen's Compensation Law, or if such injury is not accepted by the Division as compensable under such law, unless the Workmen's Compensation Board determines that such injury is compensable under such law. If an employee is granted a leave of absence with pay pursuant to this Section, he/she shall receive the difference between his/her weekly salary and his/her compensation rate without charge against annual leave or sick leave. The employee shall, as a condition of receiving benefits under this Section, execute an assignment of the proceeds of any judgment or settlement in any third party action arising from such injury, in the amount of pay received pursuant to this Section and medical disbursements, if any, made by the City, but not to exceed the amount of such proceeds. Such assignment shall be in the form prescribed by the Corporation Counsel. The injured employee shall undergo such medical examinations as requested by the Workmen's Compensation Division of the Law Department and the Executive Director of the Library, and when found fit for duty by the Workmen's Compensation Board shall return to his/her employment.
Benefits provided under this section shall be in addition to but not concurrent with benefits provided currently by the Library.
Benefits provided under this section shall be in addition to but not concurrent with benefits provided currently by the Library.
B. Upon the determination of the Executive Director that an employee has been physically disabled because of an injury arising out of and in the course of his/her employment, through no fault of his/her own, the Executive Director will grant the injured employee an extended sick leave with pay not to exceed three (3) months after all his/her sick leave and annual leave balances have been exhausted. This additional leave must be taken immediately following the exhaustion of such balances. No such leave with pay shall be granted unless the Workmen's Compensation Division of the Law Department advises the Executive Director in writing that the employee's injury has been accepted by the Division as compensable under the Workmen's Compensation Law, or if such injury is not accepted by the Division as compensable under such law, unless the Workmen's Compensation Board determines that such injury is compensable under such law. If an employee is granted extended sick leave with pay pursuant to this Section, he/she shall receive the difference between his/her weekly salary and his/her compensation rate for the period of time granted. The employee shall, as a condition of receiving benefits under this Section, execute an assignment of the proceeds of any judgment or settlement in any third party action arising from such injury, in the amount of the pay and medical disbursements received pursuant to this Section, but not to exceed the amount of such proceeds. Such assignment shall be in the form prescribed by the Corporation Counsel.
The injured employee shall undergo such medical examinations as are requested by the Workmen's Compensation Division of the Law Department and the Executive Director of the Library, and when found fit for duty by the Workmen's Compensation Board shall return to his/her employment.
Benefits provided under this Section shall be in addition to but not concurrent with benefits already provided. The benefits provided by this Section shall not be provided or continued beyond the date of which disability retirement benefits become effective.
The injured employee shall undergo such medical examinations as are requested by the Workmen's Compensation Division of the Law Department and the Executive Director of the Library, and when found fit for duty by the Workmen's Compensation Board shall return to his/her employment.
Benefits provided under this Section shall be in addition to but not concurrent with benefits already provided. The benefits provided by this Section shall not be provided or continued beyond the date of which disability retirement benefits become effective.
The Library shall elect to be covered by the City Wide Death benefit. Upon the City's approval the following benefit shall be implemented. If an employee dies while in the Library's employ, his/her beneficiary or estate shall receive payment in cash for the following:
1. All unused accrued annual leave to a maximum of 54 days' credit;
2. All unused accrued compensatory time earned subsequent to March 15, 1968 and retained pursuant to this contract, verifiable by official agency records, to a maximum of two hundred (200) hours.
1. All unused accrued annual leave to a maximum of 54 days' credit;
2. All unused accrued compensatory time earned subsequent to March 15, 1968 and retained pursuant to this contract, verifiable by official agency records, to a maximum of two hundred (200) hours.
This Agreement shall become effective as of February 7, 2002 and shall remain in full force and effect up to and including midnight of the February 6, 2005. Either party, by written notice, not earlier than 90 days prior to the February 6, 2005 nor later than 60 days prior to said date, may notify the other party of its desire to extend, modify, or terminate this Agreement. In the event such notice is served by either party, the parties agree to meet within the 60 day period for the purpose of determining upon what conditions this contract may be modified, or amended instead of terminated.
A. This Agreement supersedes the collective bargaining agreement between the parties dated September 29, 1981, for the period April 1, 1979 to June 30, 1982, and as extended to February 6, 2002.
B. In the event that any provision of this Agreement is found to be invalid by order, ruling or award of any court, administrative tribunal, arbitrator or other entity having proper and appropriate jurisdiction over the parties and the subject matter, such invalidity shall not impair the validity and enforceability of the remaining provisions of this Agreement.
C. Any action, proceeding, complaint or charge with respect to this Agreement by any party to this Agreement or by any person claiming rights under it shall be brought in a court, tribunal or agency of appropriate jurisdiction in or covering the Counties of Kings or New York.
BROOKLYN PUBLIC LIBRARY DISTRICT COUNCIL 37,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
By_____________________________
ALBERT C. WILTSHIRE
President of the Board of Trustees By_________________________________
LEE SAUNDERS, Administrator
By _____________________________
MARTIN GOMEZ, Executive Director By__________________________________
DENNIS SULLIVAN
Director, Research & Negotiations By _____________________________
ANTONIO RICO, Assistant Director BROOKLYN LIBRARY GUILD,
Human Resources Department LOCAL 1482, DISTRICT COUNCIL 37,
AFSCME, AFL-CIO
By___________________________________
MARLENE ROSENBERG, President
B. In the event that any provision of this Agreement is found to be invalid by order, ruling or award of any court, administrative tribunal, arbitrator or other entity having proper and appropriate jurisdiction over the parties and the subject matter, such invalidity shall not impair the validity and enforceability of the remaining provisions of this Agreement.
C. Any action, proceeding, complaint or charge with respect to this Agreement by any party to this Agreement or by any person claiming rights under it shall be brought in a court, tribunal or agency of appropriate jurisdiction in or covering the Counties of Kings or New York.
BROOKLYN PUBLIC LIBRARY DISTRICT COUNCIL 37,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
By_____________________________
ALBERT C. WILTSHIRE
President of the Board of Trustees By_________________________________
LEE SAUNDERS, Administrator
By _____________________________
MARTIN GOMEZ, Executive Director By__________________________________
DENNIS SULLIVAN
Director, Research & Negotiations By _____________________________
ANTONIO RICO, Assistant Director BROOKLYN LIBRARY GUILD,
Human Resources Department LOCAL 1482, DISTRICT COUNCIL 37,
AFSCME, AFL-CIO
By___________________________________
MARLENE ROSENBERG, President
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement the parties agreed to the following changes in the Promotions Procedure and Service Rating Manual:
a. The Service Rating Form and Manual shall be changed to delete references to "Recommended for Promotion".
b. Supervisors will no longer be required to rate (comment in the essay sections) employees on demonstrated ability or potential for promotion.
c. All employees in the next lower title shall be eligible to apply for promotions.
d. Employees currently on promotion lists will be grandfathered in and shall have priority in promotions.
e. Promotional opportunities shall be posted for 15 calendar days
All other items in the Promotions Procedure and Service Rating Manual shall remain the same.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement the parties agreed to the following changes in the Promotions Procedure and Service Rating Manual:
a. The Service Rating Form and Manual shall be changed to delete references to "Recommended for Promotion".
b. Supervisors will no longer be required to rate (comment in the essay sections) employees on demonstrated ability or potential for promotion.
c. All employees in the next lower title shall be eligible to apply for promotions.
d. Employees currently on promotion lists will be grandfathered in and shall have priority in promotions.
e. Promotional opportunities shall be posted for 15 calendar days
All other items in the Promotions Procedure and Service Rating Manual shall remain the same.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This letter is to confirm that during the negotiations for the above captioned agreement the parties agreed to establish the following joint labor-management committees:
1. A Labor-Management Committee to review scheduling practices and reassignments.
2. A Labor-Management Committee to review the use of VDT's and ergonomic issues.
3. A Labor-Management Committee to look at the feasibility of establishing alternate work schedules.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director
Brooklyn Public Library By: Marlene Rosenberg, President Local 1482
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This letter is to confirm that during the negotiations for the above captioned agreement the parties agreed to establish the following joint labor-management committees:
1. A Labor-Management Committee to review scheduling practices and reassignments.
2. A Labor-Management Committee to review the use of VDT's and ergonomic issues.
3. A Labor-Management Committee to look at the feasibility of establishing alternate work schedules.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director
Brooklyn Public Library By: Marlene Rosenberg, President Local 1482
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement, the Library agreed to provide the Local 1482's president with a monthly list of additions, deletions, transfers and promotions to and from the bargaining units.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement, the Library agreed to provide the Local 1482's president with a monthly list of additions, deletions, transfers and promotions to and from the bargaining units.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
February 2, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement the Library agreed to issue the following memoranda:
1. The Library shall inform branch librarians that employees required to attend community board meetings shall be able to use petty cash to cover the cost of car service to and from the meeting.
2. The Library shall inform branch librarians that they have discretion to excuse lateness of employees who are late due to unforeseen public transportation delays or other circumstances which may arise after an employee leaves for work.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
Dear Ms. Rosenberg:
This is to confirm our mutual understanding and agreement that during the negotiations for the above captioned agreement the Library agreed to issue the following memoranda:
1. The Library shall inform branch librarians that employees required to attend community board meetings shall be able to use petty cash to cover the cost of car service to and from the meeting.
2. The Library shall inform branch librarians that they have discretion to excuse lateness of employees who are late due to unforeseen public transportation delays or other circumstances which may arise after an employee leaves for work.
Sincerely, Agreed and accepted on behalf of Brooklyn
Library Guild, Local 1482 AFSCME, AFL-CIO
Martin, Gomez, Executive Director Brooklyn Public Library
By: Marlene Rosenberg, President Local 1482
Website Note: Numeric page numbers correspond to the printed booklet of the Working Conditions Contract.
Agency Shop 26-27 XVII
Assault 33 XXXII. A
Automation 31 XXVII
Bonus Day 30 XXIV
Bulletin Boards 18 XII. A
Call In Time (See Emergency Call In Time)
Check-Off 20-21 XIII
Child Care Leave 9 VI. B
Closing of Library (See Extreme Weather Conditions)
Community Board Meetings, Petty Cash 39 Letters of Agreement
Compensatory Time Bank 7 V. B
Confinement/Child Care Leave 9 VI. B
Court Attendance 9 VI. C
Death Benefits 33 XXXIII
Death in Family 9 VI. A
Disability Benefits 33-34 XXXII
Disciplinary Procedure 22-23 XIV. C
Domestic Partner, Death of 9 VI. A
Duration 34-35 XXXIV
Floating Holidays 29 XXI. C
Grievance Procedure 21-24 XIV
Hygrometer (See Extreme Weather Conditions)
Identification Cards 31-32 XXVIII
Involuntary Transfers (See Transfers, Involuntary)
Job Descriptions 33 XXXI
Jury Duty 9 VI. C
Meal Allowances 7 V. C
Meeting Rooms 19 XII. G
Metro Cards 32 XXIX
Mileage Allowance 28 XX
New Title 5 II. C-E
No Lockout Clause 26 XVI. D
Personnel File 27 XVIII
Personnel Records 27 XVIII
Personnel Rules and Regulations, Incorporated in Contract 6 IV
Pre-Holiday Closing 30 XXII
Probation 32-33 XXX
Promotions Procedure, Changes in 36 Letters of Agreement
Recognition 1-2 I
Safety and Security 27-28 XIX
Safety Standards 27 XIX. A
Saturday Scheduling 8-9 V. F 2
Savings Clause 35 XXXV
Schedules 8 V. F
Scheduling of Employees 6-7 V
Security 27 XIX. B Sick Leave 10-11 VII
Sick Leave, Exhaustion of 11 VII. J
Smocks and Ponchos 31 XXV. C-E
Special Holiday Observance 30 XXII
Split Shifts 6 V. A
THI Reading (See Extreme Weather Conditions)
Temporary Reassignment 16 X. E
Terminal Leave 10 VI. E
Term of Contract 34-35 XXXIV
Transit Checks 32 XXIX
Union Access 19 XII. D-G
Union Activity on Library Time 18-19 XII. C
Union Conventions, Attendance at 9-10 VI. D
Union Dues 20-21 XIII
Union Negotiations, Time Spent at 19 XII. F
Union Officers and Stewards 18-19 XII. B, E
Union Recognition 1-2 I
Union Rights and Responsibilities 18-19 XII
Union Use of Meeting Rooms 19 XII. G
Uniforms 30-31 XXV
Weather Conditions (See Extreme Weather Conditions)
Weekend Schedules 8 V. F
Winter Jackets 30-31 XXV. B
Workweek 8 V. E
Workers' Compensation 33-34 XXXII
- Arbitration 24-25 XV
- Safety and Security 28 XIX. A 6-7
Assault 33 XXXII. A
Automation 31 XXVII
- Bargaining Units 3-4 II. A
- Addition and Deletion of Members 38 Letters of Agreement
- Change in Nomenclature 5 II. C
- New Titles 5 II. D-E
- Change in Nomenclature 5 II. C
Bonus Day 30 XXIV
Bulletin Boards 18 XII. A
Call In Time (See Emergency Call In Time)
Check-Off 20-21 XIII
Child Care Leave 9 VI. B
Closing of Library (See Extreme Weather Conditions)
Community Board Meetings, Petty Cash 39 Letters of Agreement
Compensatory Time Bank 7 V. B
Confinement/Child Care Leave 9 VI. B
Court Attendance 9 VI. C
Death Benefits 33 XXXIII
Death in Family 9 VI. A
Disability Benefits 33-34 XXXII
Disciplinary Procedure 22-23 XIV. C
Domestic Partner, Death of 9 VI. A
Duration 34-35 XXXIV
- Extreme Weather Conditions 13-15 IX
- Cold 15 IX. E
- Compensatory Time 13-15 IX. B-D
- Reassignment of Staff 15 IX. E-F
- Time Off, Not Charged 14 IX. G
- Special Provisions For Custodians 14 IX. D 4
- Maintenance Staff 14 IX. D 1
- Motor Vehicle Operators 14 IX. D 3
- Regional Office Staff 14 IX. D 2
- THI Reading 13-14 IX. B-E
Floating Holidays 29 XXI. C
Grievance Procedure 21-24 XIV
- Grievances
- Arbitration 24-25 XV
- Attendance at Hearing, Leave with Pay 24 XIV. D 6
- Definition 21 XIV. A
- Disciplinary Procedure 22-23 XIV. C
- Out of Title 23 XIV. D 5
- Safety and Security 28 XIX. A 6-7
- Time Limitations 21-24 XIV
Hygrometer (See Extreme Weather Conditions)
Identification Cards 31-32 XXVIII
Involuntary Transfers (See Transfers, Involuntary)
Job Descriptions 33 XXXI
Jury Duty 9 VI. C
- Labor Management Committees 37 Letters of Agreement
- Feasibility of Alternate Work Schedules
- Scheduling
- VDT's
- Lateness 31 XXVI
- Discretion to Excuse Lateness 39 Letters of Agreement
- Leaves of Absence With Pay
- Court Attendance 9 VI. C
- Death in Family 9 VI. A
- Death of Domestic Partner 9 VI. A
- Jury Duty 9 VI. C
- Time Spent at Union Negotiations 19 XII. F
- Leaves of Absence Without Pay
- After Exhaustion of Sick Leave 11 VII. J
- Confinement/Child Care Leave 9 VI. B
- Union Conventions 9-10 VI. D
Meal Allowances 7 V. C
Meeting Rooms 19 XII. G
Metro Cards 32 XXIX
Mileage Allowance 28 XX
New Title 5 II. C-E
No Lockout Clause 26 XVI. D
- No Strike Clause 25-26 XVI
- Penalties Against Employee 25-26 XVI. B
- Penalties Against Union 26 XVI. C
Personnel File 27 XVIII
Personnel Records 27 XVIII
Personnel Rules and Regulations, Incorporated in Contract 6 IV
Pre-Holiday Closing 30 XXII
Probation 32-33 XXX
Promotions Procedure, Changes in 36 Letters of Agreement
Recognition 1-2 I
Safety and Security 27-28 XIX
Safety Standards 27 XIX. A
Saturday Scheduling 8-9 V. F 2
Savings Clause 35 XXXV
Schedules 8 V. F
Scheduling of Employees 6-7 V
Security 27 XIX. B Sick Leave 10-11 VII
Sick Leave, Exhaustion of 11 VII. J
Smocks and Ponchos 31 XXV. C-E
Special Holiday Observance 30 XXII
Split Shifts 6 V. A
THI Reading (See Extreme Weather Conditions)
Temporary Reassignment 16 X. E
Terminal Leave 10 VI. E
Term of Contract 34-35 XXXIV
Transit Checks 32 XXIX
- Transfers 15-17 X
- Filing of Requests 16 X. D
- Human Resources/Finance Dept. 16 X. C
- Involuntary 16 X. B
- Excessive Travel Time 16 X. B 4
- Transfer Lists 15-16 X. A
Union Access 19 XII. D-G
Union Activity on Library Time 18-19 XII. C
Union Conventions, Attendance at 9-10 VI. D
Union Dues 20-21 XIII
Union Negotiations, Time Spent at 19 XII. F
Union Officers and Stewards 18-19 XII. B, E
Union Recognition 1-2 I
Union Rights and Responsibilities 18-19 XII
Union Use of Meeting Rooms 19 XII. G
Uniforms 30-31 XXV
- Vacations 12 VIII
- Carryover 12 VIII. D
- Illness/Disability During Annual Leave 12 VIII. E
- Transfers to New Work Location, Effect 12 VIII. C
Weather Conditions (See Extreme Weather Conditions)
Weekend Schedules 8 V. F
Winter Jackets 30-31 XXV. B
Workweek 8 V. E
Workers' Compensation 33-34 XXXII