 The bargaining unit representing the Librarians of The Buffalo and Erie County Public Library
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ARTICLE 1 - PARTIES AND RECOGNITION
ARTICLE 2 - DEFINITIONS
(a) "Association"
(b) "Board"
(c) "Branch"
(d) "Central Library"
(e) "Contracting Board"
(f) "Contracting Library"
(g) "County"
(h) "Librarian"
(i) "Library"
(j) "Library Director"
(k) "Part Time Librarian"
(l) "Party"
(m) "Regular Part-time Librarian"
ARTICLE 3 - COMPENSATION AND BENEFITS
Section 3.1 - Compensation
3.11 Salary
3.12 Longevity Increments
3.13 Promotions
3.14 Temporary Assignment
3.15 Stipends
3.17 Hourly Pay Rate
3.18 Call-In Pay Rate
3.19 Pay Period
3.20 Overtime
3.21 Beeper Pay
Section 3.3 - Benefits
3.31 Health and Dental Insurance
3.32 Vacations and Compensatory Time
3.33 Holidays
3.34 Family and Medical Leave Act
3.35 Sick Leave
3.36 Personal Leave
3.37 Bereavement Leave
3.38 Maternity Leave Without Pay
(a) Jury Duty
(b) Civil Service Examinations
(c) Occupational Assault
(d) Leave Without Pay(i) Application
(ii) Extended Illness
(iii) War Work
(iv) Veteran’s Education
(v) General Education
(vi) Political Leave
(vii) Infant Child Care
(viii) Family Care
(ix) Other Reasons
(e) Transfers
3.40 Part-Time Employees
3.41 Classes
3.42 Retirement Benefits
3.43 Termination Benefits
3.44 Breaks
3.45 Retirement Salary Deferred Compensation Plan
ARTICLE 4 - WORKING CONDITIONS
4.11 Work Week
4.12 Split Shifts
4.13 Flex-Time
4.14 Sunday Hours
4.15 Scheduling
4.16 Emergency Closing
4.18 Non-Discrimination
4.19 Paid Lunch Period
ARTICLE 5 - ASSOCIATION BENEFITS
5.11 Check-Off
5.12 Agency Shop
5.13 Notice of Board Meetings
5.14 Attendance at Board Meetings
5.15 Employee Relations Committee
5.16 Facilities
ARTICLE 6 - GRIEVANCES
Section 6.1 - General
6.11 Grievance
(a) "Grievance"
(b) "Grievant"
(c) "Consecutive working days"
6.12 Forms
6.13 Association Assistance
6.14 Time Limits
6.15 Representatives
Section 6.2 - Procedure
6.21 Initial Level
6.22 Level I
6.23 Level II
Section 6.3 - Arbitration
ARTICLE 7 - PROFESSIONAL COUNCIL
7.11 Members
7.12 Meetings
7.13 Committees
7.14 Reports
ARTICLE 8 - MISCELLANEOUS
8.11 Residency
8.12 Positions Sought
8.13 Positions Available/Transferability
8.14 Abolished Positions
8.15 Filling Vacancies
8.16 System Meetings
8.17 Meetings and Committees
8.18 Professional Development
8.19 Effect of this Agreement
8.20 Town Librarians
8.21 Library Property
8.22 Toxic Substance Testing
8.23 Business Expenses
8.24 Notification
8.25 Process Improvement
8.26 Access to Employees
8.27 Pledge Against Coercion
ARTICLE 9 - TERM AND RECLASSIFICATION
9.11 Term
9.12 Reclassification
APPENDIX A - SALARY SCHEDULE
APPENDIX B - GRIEVANCE FORM
APPENDIX C - HEALTH INSURANCE WAIVER
MEMORANDUM OF UNDERSTANDING NO. 1
ARTICLE 1 - PARTIES AND RECOGNITION
1.11 THIS AGREEMENT made and entered into by and between the Buffalo and Erie County Public Library, acting for itself and as agent for the following contracting libraries:
Akron Public Library
Amherst Public Library
Aurora Town Public Library
Cheektowaga Public Library
City of Tonawanda Public Library
Clarence Public Library
Elma Public Library
Grand Island Memorial Library
Hamburg Public Library
Lackawanna Public Library
Lancaster Public Library
Orchard Park Public Library
Town of Tonawanda Library
West Seneca Public Library
AND THE LIBRARIANS ASSOCIATION OF THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY.
1.12 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
1.13 The Library, acting pursuant to the Public Employees’ Fair Employment Act, recognizes the Association as the exclusive representative of the employees in the following employer-employee negotiating unit:
All professional librarians holding either full time, regular-part time or part-time positions as Trainee, Librarian I, Librarian II, Librarian III, Librarian IV, Library Director I, Library Director II, Library Director III or Library Director IV in the Buffalo and Erie County Public Library System.
ARTICLE 2 - DEFINITIONS
2.11 Unless specifically indicated otherwise herein, the following definitions apply in interpreting this Agreement:
(a) "Association" means The Librarians Association of the Buffalo and Erie County Public Library.
(b) "Board" means the Board of Trustees of the Buffalo and Erie County Public Library.
(c) "Branch" means a library operated by the Buffalo and Erie County Public Library in Buffalo, New York, other than at Lafayette Square.
(d) "Central Library" means the Library operated by the Buffalo and Erie County Public Library at Lafayette Square in Buffalo, New York.
(e) "Contracting Board" means the Board of Trustees of a Contracting Library.
(f) "Contracting Library" means a library located in Erie County outside the City of Buffalo and identified as such in the Preamble to this Agreement.
(g) "County" means the County of Erie in the State of New York, said County being the principal funding agent for the Buffalo and Erie County Public Library.
(h) "Librarian" means a professional librarian holding either a full-time, regular part-time or part-time position, as a Trainee, Librarian I, Librarian II, Librarian III, Librarian IV, Library Director I, Library Director II, Library Director III or Library Director IV at the Central Library, a Branch, or a Contracting Library.
(i) "Library" means the Buffalo and Erie County Public Library and all of the Contracting Libraries listed in the Preamble to this Agreement.
(j) "Library Director" means the person appointed to such position as the chief executive officer of the Library, or, in his absence or if the position is vacant, the person acting in that capacity.
(k) "Part-time Librarian" means a librarian regularly working fewer than twenty (20) hours per week.
(l) "Party" means the Library or the Association.
(m) "Regular Part-time Librarian" means a librarian regularly working twenty (20) hours or more but less than forty (40) hours per week.
(n) All use herein of a male pronoun is for brevity purposes only and shall be deemed to be equally applicable both to male and female librarians.
ARTICLE 3 - COMPENSATION AND BENEFITS
Section 3.1 - Compensation
3.11 Salary:
(a) All Librarians shall be paid in accordance with the salary schedules set forth in Appendix A. Salary schedules for each year of the negotiated contract become effective the first day of the pay period during which January 1 falls.
The three amounts shown on the salary schedule (Appendix A) are the annual salary, the amount for each two-week pay period and the hourly rate, respectively.
A Library Director I, Library Director II and Library Director III receive the same salaries as a Librarian II, Librarian III and Librarian IV, respectively, as follows:
Schedule: Job Group 7 = Trainee
Job Group 9 = Librarian I
Job Group 10 = Librarian II, Library Director I
Job Group 11 = Librarian III, Library Director II
Job Group 12 = Librarian IV, Library Director III
Job Group 13 = Library Director IV
(b) A Librarian who has not reached Step 5 of his job group shall be evaluated annually by the Library or Contracting Library for movement to the next higher step in his job group. Elevation to the next higher step will be determined by the Library or Contracting Library solely on the basis of merit and performance of duties during working hours. Any Librarian who receives a standard or higher overall rating on his evaluation shall be granted said merit increase. The Library Director (or his designee) or the Contracting Library Board of Trustees (or its designee) will discuss the evaluation with the Librarian and provide him with a copy of the evaluation as part of the evaluation process.
If a Librarian is denied a merit increase, he shall be evaluated again by the Library or Contracting Library within six (6) months and will be eligible for the merit increase on the next increment date (January 1 or July 1) following the initial denial.
(c) A Librarian who is elevated to the next higher step shall receive the salary for that step commencing on January 1 or July 1, whichever occurs first, after he has completed the required period of actual service at the lower step. When a Librarian is first appointed or promoted to a job group, his required period of service is six (6) months before he is eligible for his first elevation to a higher step. After his first elevation in a job group, the required period of service will be twelve (12) months for each subsequent elevation in that job group.
3.12 Longevity Increments:
(a) Effective January 1, 2001, an additional longevity step "E" will be added. Full-time Librarians who have been on the fourth longevity step (Step "D") for three years or more will be moved to the fifth step (Step "E"). Any full time Librarian who has been on longevity Step D less than three years will be moved to the longevity step E after three (3) years on longevity step D.
(b) A full-time Librarian shall be eligible for the first longevity increment after completing a total of nine (9) years of continuous service with the Library and a minimum of five (5) years actual service at Step 5 of the same job group.
(c) All full-time Librarians receiving the first longevity increment and who serve an additional period of three (3) years actual service in the same job group will receive a second longevity increment.
(d) Again, on the completion of another three (3) years of actual service, in the same job group, the full-time Librarian will receive a third longevity increment.
(e) Again, on the completion of another three (3) years of actual service, in the same job group, the full-time Librarian will receive a fourth longevity increment.
(f) Again on the completion of another three (3) years of actual service, in the same job group, the full-time Librarian will receive a fifth longevity increment.
(g) In computing longevity increment eligibility, when appointments are made on January 1, or July 1 and the day falls on a holiday or non-scheduled work day, the increment period will include these days.
(h) Because of the payroll procedures that enable the Library to have a regular pay day throughout the year, the increment eligibility period and pay periods may not at all times coincide. In such cases, the increment date is the first day of the respective pay period during which January 1, or July 1 falls.
(i) When a Librarian, because of budget limitations, is demoted or bumped to a lower job group, in determining his or her eligibility for longevity increases at the lower job group level, he will be credited with (a) any years he completed at Step 5 or Longevity Step A, Longevity Step B, Longevity Step C, or Longevity Step D of his or her higher job group or (b) the years he would have been credited with at Step 5 or Longevity Step A, Longevity Step B, Longevity Step C or Longevity Step D of the lower level if he had stayed at the lower level, whichever is greater. When he returns to a higher level, he will similarly be credited with the years completed at said steps at the lower level during the interval of demotion.
3.13 Promotions: If a Librarian is promoted, he shall be promoted to the same step in the new salary grade.
3.14 Temporary Assignment: Any Librarian, who is temporarily assigned to the responsibilities of an encumbered position in a job group higher than his own job group, shall receive the salary of said higher job group at the same step as if there were a permanent promotion, commencing thirty-one (31) days after he starts working in the higher job group position. If an unencumbered position is involved (i.e. no one has been appointed to the position and it is vacant), the thirty-one (31) day waiting period is waived and receipt of the higher salary commences immediately upon assignment.
3.15 Stipends: The following annual stipends shall be provided to Librarians currently eligible, and to other Librarians when they become eligible, in the amounts and in the circumstances described below:
(a) $125.00 to any Librarian who currently possesses or, during the life of this agreement, earns a second, advanced/Masters or Doctorate degree which is directly related to his assignment with the Library; and
(b) $125.00 to any Librarian who currently is or, during the life of this agreement, becomes proficient in a second language (foreign or sign) and who uses this skill on the job.
3.16 Transportation Expenses: Whenever the use of a Librarian’s personally owned automobile for Library business is authorized by the Director or Contracting Library Director, the Librarian shall receive reimbursement. The mileage reimbursement rate will be that which is established by the IRS. The minimum allowance for mileage shall be three dollars ($3.00) a day. Toll charges will be reimbursed if supported by appropriate receipts.
3.17 Hourly Pay Rate: A Librarian’s hourly pay rate will be computed by dividing his annual salary by 2,080.
3.18 Call-In Pay Rate: Whenever a Librarian is requested to report for work outside his regularly scheduled working hours, he will receive a minimum of three hours’ straight-time pay.
3.19 Pay Period:
(a) Subject to the right of Contracting Boards to establish other pay periods, salaries and other payments to Librarians shall be paid every two weeks. In the event a scheduled payday falls on a holiday, the immediately preceding weekday shall become the payday.
(b) Librarians will be paid on the basis of a ten (10) day pay period. A Librarian absent from work without some form of official paid leave, will be docked one-tenth (1/10) of his normal two week’s salary for each day absent.
3.20 Overtime:
Overtime work shall be distributed equally to Librarians working within a department or unit subdivision. The distribution of overtime shall be equalized over each three (3) month period beginning on the first day of the calendar month following the effective date of this Agreement.
On such occasion, the opportunity to work overtime shall be offered to the eligible Librarian who has the least number of overtime hours to his credit during the then current three (3) month period. If this Librarian does not accept the assignment, the Librarian with the next fewest number of overtime hours to his credit will be offered the assignment. This procedure shall be followed until the required Librarians have been selected for the overtime work or until such list is exhausted, whichever is sooner. It is agreed and understood, however, that in the event of an emergency or upon exhaustion of such list, overtime shall become mandatory and shall be assigned beginning at the start of such overtime list (Librarian with the least number of overtime hours within the department or unit subdivision to his credit) until the overtime manpower needs are met. Under such mandatory conditions, overtime may not be refused. Any such refusal shall be grounds for disciplinary action.
Except for Sunday hours covered by section 4.14, all Librarians shall receive compensatory time on the basis of 1-1/2 hours for each one hour worked in excess of eight (8) hours in any work day or in excess of eighty (80) hours in any pay period. All sick leave and personal leave is to be excluded from computation of eighty (80) hours per pay period necessary to earn the overtime premium.
Each full-time Librarian covered by the agreement is guaranteed the right to accumulate compensatory time up to a maximum of eighty (80) hours.
Any Librarian required to work four (4) hours of overtime following his regular full day shall be granted, if requested, one-half hour off for the purpose of eating. A similar one-half hour shall be granted preceding each subsequent four (4) hour period of overtime to be worked. Such one-half hour shall be deemed as time worked for overtime purposes.
Each full-time Librarian covered under this collective bargaining agreement may request in writing cash payment in lieu of compensatory time off for overtime worked in accordance with the limitation provided in this section. The written request must be filed with the Human Resources Department within ninety (90) days of the execution of this agreement or by the third Monday in January of the year the employee elects to take cash payment in lieu of compensatory time for overtime. The election of cash payment shall remain in effect until the employee revokes it. Revocation may only occur during the month of December in each year. Any full-time Librarian, who revokes his request for cash payment, shall receive compensatory time for overtime hours worked as provided in this Article 3.20. New full-time Librarians shall receive compensatory time for overtime until the third Monday of January of the year following their date of hire, at which time they shall be eligible to select compensatory time as described above.
Full-time Librarians working supplemental hours on a voluntary basis in a Library other than their primary Library will be compensated at Job Group 9 Step 1. Supplemental hours are hours worked in excess of a 40 (forty)-hour work week in a Library governed by another Board of Trustees’ jurisdiction.
3.21 Beeper Pay:
Any Librarian required to carry a beeper shall receive standby pay of $35 per week so long as he meets the requirements of this paragraph. In order to receive this payment the Librarian must:
(a) be officially scheduled and required to carry a beeper by his Department Head; Department Heads shall schedule Librarians for periods of seven (7) consecutive calendar days; and
(b) both be available for call-in and respond to any call-in throughout the entire seven (7) day period; if he fails in either such respect, he shall forfeit his standby pay for that seven (7) day period.
Standby pay is not transferable and payment of call-in pay shall not affect a Librarian’s entitlement to standby pay.
Section 3.3 - Benefits
3.31 Health and Dental Insurance:
(a) The Library shall provide health insurance for each full-time Librarian covered under this Agreement in accordance with the type coverage (single or family) desired by the Librarian. The following are the health insurance plans currently available to Librarians:
(i) Independent Health
(a) Encompass (Gold)
(b) Encompass Plus (Silver)
(ii) HealthCare Plan
(a) HealthCare Plan
(b) ChoiceCare
(iii) Community Blue
(a) Community Blue Original
(b) Community Blue Advantage
(iv) Labor Health
(v) Blue Cross/Blue Shield Traditional
(vi) Group Health Incorporated
If during the term of this Agreement, any other health care plans are offered to County employees represented by either the CSEA or AFSCME /said plan also will be made available to Librarians.
Prescription Coverage: The Library shall provide each employee with a prescription plan, providing for a $5.00 co-pay for generic drugs and a $7.00 co-pay for brand name drugs.
(b) Dental Coverage: The Library shall provide the GHI Preferred Dental with 100% orthodonture and 100% prosthetics coverage for each full-time Librarian covered under this agreement in accordance with the type of coverage (single or family) desired by the Librarian. The Library shall pay the full cost of single coverage and 90% of the cost of family coverage. Any premium cost in this section shall be paid by the Librarian on a bi-weekly payroll deduction.
(c) Payment for Health Insurance:
(i) The Library shall pay the full cost of any HMO plan available to full-time Librarians. Currently, the HMO plans are as follows:
(a) Independent Health
(ii) Encompass (Gold)
(ii) Encompass Plus (Silver)
(b) HealthCare Plan
(i) HealthCare Plan
(ii) ChoiceCare
(c) Community Blue
(i) Community Blue Original
(ii) Community Blue Advantage
(d) Labor Health.
(ii) For Librarians who choose not to participate in any of the HMO plans, the Library shall contribute a monthly amount equal to the composite rate determined by adding the cost of the monthly premium for each of the HMO plans and dividing by the number of said plans. The Librarian will bear the expense of any amount in excess of this composite rate.
(iii) All Librarians hired after January 1, 1995 shall pay ten (10) percent of the amount the Library is required to pay towards the cost of health insurance as determined in (i) or (ii) above.
(d) In the event a Librarian is disabled from work by accident or illness, the Library agrees to continue his insurance coverage for the length of his accumulated sick leave, plus one hundred and twenty (120) days thereafter.
(e) Upon retirement, Librarians shall continue to participate in the health insurance plan currently enjoyed. Should a retired Librarian expire, the Librarian’s spouse may continue the health insurance coverage at the group rate, upon payment each month to the Erie County Personnel Department.
(f) Full-time Librarians who retire from the Library with ten (10) years of Library service shall be eligible for the following:
(i) Full-time Librarians who retire with a minimum of 10 years of service with the Library will receive 55 percent toward their health insurance.
(ii) Full-time Librarians who have a minimum of 800 hours of accumulated sick leave as of the date of retirement shall receive $2,000 cash, or insurance coverage applied toward the retired Librarian’s share of health insurance until the $2,000 is exhausted, thereafter 55 percent paid monthly.
(iii) Full-time Librarians who have a minimum of 1,200 hours of accumulated sick leave as of the date of retirement shall receive $3,000 cash, or insurance coverage applied toward the retired Librarian’s share of health insurance until the $3,000 is exhausted, thereafter 55 percent paid monthly.
(iv) Full-time Librarians who have a minimum of 1,800 hours of accumulated sick leave as of the date of retirement shall receive $5,000 cash, or insurance coverage applied toward the retired Librarian’s share of health insurance until the $5,000 is exhausted, thereafter 55 percent paid monthly.
(v) Full-time Librarians retiring before the eighteenth pay period in the year 2001 shall receive the benefits as set forth in the January 1, 1998 through December 31, 2000 Agreement.
(g) A Professional Librarian, serving on a temporary or provisional basis will be entitled to health and dental insurance as set forth in this section (Section 3.31) and personal and sick leave credits, providing that there is a factually documented evidence that such Librarian has completed all the educational requirements for the position and is eligible for certification and has submitted his application for certification.
(h) Any Librarian who desires to avail himself of psychiatric services shall do so without any record thereof appearing in his personnel records or any other records kept by the County or the Library, unless such records are supplied by the Librarian as required by Section 3.35(e) hereof and as required at present by the subsections entitled "Abuse of Sick Leave Benefits" and paragraph 2 of the subsection entitled "Use of Sick Leave Must be Substantiated" in Chapter VII, Section 2 of the Erie County Policy and Procedures Manual.
(i) Librarians eligible for paid medical and dental insurance may waive coverage and receive a cash payment in lieu of the benefits.
Insurance Waiver Program
1. No Risk Feature - Librarians do not have to wait for the annual enrollment period to reenter in the Library’s paid coverage. With written notification, Librarians can be readmitted in the following month.
2. Payments - Librarians waiving family coverage will receive $100 per month ($46.15 per pay period). Librarians waiving single coverage will receive $67 per month ($30.92 per pay period).
3. Continued Dental Insurance - Librarians may continue dental insurance by paying the monthly premium. This will be deducted from a Librarian’s bi-weekly pay.
Questions and Answers about the Insurance Waiver Program
Q. Who is eligible?
A. Any Librarian who is eligible for the Library’s paid health and dental insurance is eligible.
Q. What is the waiver procedure?
A. To waive his benefits, a Librarian must fill out a Waiver of Health and/or Dental Benefits Form (Appendix C) and submit it to either the Library Human Resources Director or the Contracting Library Director. (Forms are available from the Library’s Human Resources Director.) The Library Human Resources Director or Contracting Library Director who receives these forms must complete the section of each form labeled, "This section to be completed only by a Departmental Personnel/Payroll Representative."
Q. Can a waiver be withdrawn?
A. A waiver can be withdrawn at any time during a calendar year with appropriate written notice. Completion of a new application for group health and/or dental insurance is required.
Q. When does cash payment in lieu of benefits begin?
A. Any Librarian whose waiver of benefits is received by the Library on or before the 15th of the day of any month will begin eligibility for cash payment the first day of the following month. If the waiver is received by the Library after the 15th of any month, eligibility for cash payments will start the first day of the second month after the waiver is received. Once approved, a waiver remains in effect until it is withdrawn in writing, or until the Librarian is no longer employed by the Library.
Q. What is the amount of payment after a waiver is approved?
A. A Librarian who waives family coverage will receive $100.00 per month. A Librarian who waives single coverage will receive $67.00 per month. Payments will be made biweekly.
Q. Can a Librarian waive health insurance coverage, but retain dental insurance coverage?
A. Yes, a Librarian can waive health insurance coverage, collect the cash payments from this waiver and subscribe to dental insurance by having the total dental premium deducted from his paycheck.
Q. How is cash payment in lieu of benefits treated for tax purposes?
A. Cash payment in lieu of benefits is treated as ordinary income and subject to withholdings for FICA, federal and state income taxes.
The Library and the Association have agreed upon a waiver form (Appendix C) which includes a clear acceptance of the responsibility of such waiver by the Librarian and a release of liability for both the Library and the Association from any claims arising from such waiver.
(a) Vacation credits will accrue and be available for use on a bi-weekly pay period basis for full-time employees after the first pay period of employment providing they are on a compensable pay status for 40 or more hours (five (5) or more working days) each pay period. Each Librarian shall have his vacation entitlement determined based on years starting with the day he started his employment with the Library. Vacation credits will be granted by pay period in accordance with the following schedule:
Years Service Rate Per Completed Pay Period Vacation
From date of employment through completion of 13th year of service 6.16 hours 20 days
From the 14th year through completion of 23rd year of service 7.70 hours 25 days
From the 24th year through successive years of service 9.24 hours 30 days
(b) The foregoing does not include the three (3) days summer compensatory time, which the Librarians will continue to receive.
(c) The vacation schedule for each Librarian will be arranged by his Department Head and Deputy Director. A Librarian shall take his vacation during the twelve (12) months following the period in which it was earned and he may place up to a maximum of twenty-five (25) earned days in a vacation bank. After twenty-five (25) years of service, a Librarian may place up to a maximum of thirty (30) earned days in a vacation bank. See example below:
Librarian Vacation Bank Maximum Accrual Days
Earning Rate Days on Anniversary Date/
20 days per year +25 45
25 days per year +25 50
30 days per year +30 60
As far as practicable, all earned vacation shall be taken prior to a transfer, but if not taken then, may be taken in a new department to which the Librarian is transferred.
(d) A leave of absence without pay or a resignation followed by reinstatement in the Library’s employment within one (1) year shall not constitute an interruption of service for the purpose of this section 3.32; provided, however, that leave without pay, or the period between resignation and reinstatement, shall not be counted in determining vacation credits.
(e) Vacation may be taken in increments of one hour. Compensatory time may be taken in increments of 15 minutes. It is understood that the granting of requests for leave in such increments depends on the work needs of the Library or Department in which the Librarian works.
3.33 Holidays:
(a) Each full time and regular part time Librarian will receive a paid holiday on the following days:
New Year’s Day Labor Day
Martin Luther King, Jr. Day
Columbus Day
Patriots’ Day
Election Day
Good Friday
Veterans Day
Memorial Day
Thanksgiving
Fourth of July
Christmas
(b) The Library runs a six-day operation. In cases of a Saturday holiday, the holiday shall be observed on the official date. Staff scheduled to work on a Monday through Friday schedule shall observe the holiday on the Friday preceding the holiday. Staff scheduled to work Saturday shall observe the holiday on its official day and work the preceding Friday.
All full-time Librarians required to work on a day celebrated as a holiday as noted above will be paid their regular straight time pay plus receive one and one-half times the number of hours in compensatory time for every hour actually worked on such a holiday.
3.34 Family and Medical Leave Act:
The Library will follow all the requirements of the Family and Medical Leave Act (FMLA). Librarians who are granted FMLA leave may use any combination of paid sick leave, vacation, compensatory, personal or unpaid leave.
3.35 Sick Leave:
(a) Sick Leave with pay will be granted to a full-time Librarian who is incapacitated or unable to perform the duties of his position by reason of:
(i) Sickness or injury of the Librarian.
(ii) Pregnancy of the Librarian.
(iii) Sickness or injury or pregnancy in the Librarian’s immediate family, requiring care and attendance of the Librarian. "Immediate family" shall include his parent, spouse, brother, sister, son, daughter, or grandparent, or an actual member of the Librarian’s household. A certificate or affidavit issued by the attending physician certifying to the necessity for the attendance of the Librarian, shall be filed with the Library for absences of three (3) or more consecutive days and sick leave for these purposes shall be granted only with the approval of the Library.
(iv) Circumstances which require that medical or dental visits of a Librarian be made during working hours.
(v) Medical and dental visits for members of the Librarian’s immediate family, who cannot provide their own transportation and which cannot be scheduled outside the Librarian’s working hours.
(vi) Quarantine regulations.
(b) Credit for sick leave under this subsection shall be granted at the rate of one and one-quarter working days per month for each month of service. Such leave as is not used shall accumulate to a maximum of 1800 hours. No credit for sick leave shall be granted for a month unless the Librarian shall have been on full pay status at least fifty percent of the working days of said month.
(c) (i) A Librarian who has completed one (1) year of continuous service may receive up to six (6) months catastrophic sick leave with pay as determined by a majority of the Professional Council.
(ii) No credits for sick leave, personal leave or vacation shall be earned during periods of extended sick leave with pay, granted in accordance with this section.
(iii) Librarians shall be eligible for the additional periods of sick leave granted in accordance with this provision until the levels of extended sick leave to which they are entitled have been exhausted.
(iv) No extended sick leave with pay will be granted until all other accumulated leave time has been used.
(v) The following requirements must be met prior to approval by the Professional Council:
(1) The illness or disability must have prevented the Librarian from working for a minimum of forty (40) consecutive work days;
(2) The Librarian must submit a medical report indicating a reasonable expectation that the Librarian will be returning to work; and
(3) All paid leave must be exhausted prior to receiving catastrophic illness pay.
(d) When absence is required under this subsection, the Librarian shall report the same to his Department Head or Contracting Library Director not later than one-half hour after he is scheduled to begin work. In positions requiring replacement in case of absence, the time for reporting absence shall be in the discretion of the Department Head or Contracting Library Director. In case of failure to report within the stated time limit, unless for reasons satisfactory to the Department Head or Contracting Library Director, the absence shall not be deductible from sick leave and shall be considered as time off without pay.
(e) A certificate or affidavit, showing incapacity and inability of the Librarian to perform his duties, issued by the attending physician, shall be filed with the Library in case of absence of more than five (5) consecutive working days. The Library may check further on any illness regardless of certificate or affidavit. If a Librarian fails to submit proof of illness when required to do so, the absence shall not be deductible from sick leave and shall be considered time off without pay. If the Librarian objects to such result, he may file a grievance, starting at Level II of the grievance procedure.
(f) Absence for less than one hour cannot be charged to sick leave. At the end of any calendar year, a Librarian can obtain from the Library upon request a record of his accumulated sick leave credits. When a Librarian is reinstated in the Library’s employment within one (1) year following his resignation, he may receive credit for sick leave that had accumulated at the time of his resignation, if approved by the Library.
(g) During the term of this Agreement, persons who are not blood relatives (or in-laws in the case of bereavement leave), but for whose illness or death a Librarian is entitled to sick leave (under this section 3.35) or bereavement leave (under section 3.37), must be members of the Librarian’s immediate household for at least one (1) year before a Librarian is entitled to such leave. In addition, prior to the time such leave is requested, the Librarian must have filed with the Library an affidavit, on a form supplied by the Library, establishing that such a person is a member of his immediate household. Such affidavit must be kept current. Any false claims shall be grounds for immediate disciplinary action up to and including discharge.
(h) Abuse of sick leave privilege shall be grounds for disciplinary action.
(i) Sick leave may be taken in increments of one hour. It is understood that the granting of requests for leave in one hour increments depends on the work needs of the Library or Department in which the Librarian works.
(j) There will be a $300.00 bonus for any full-time Librarian who reaches a maximum of 1,800 hours of accumulated sick leave. Thereafter, an additional bonus of $200.00 will be paid in any year in which the maximum amount of sick leave is maintained and five (5) or fewer sick days are utilized. Payment of the initial bonus will be in the first pay check after the 1,800 is reached. Payment of the yearly bonus will be in the first pay period of February in subsequent years.
3.36 Personal Leave:
(a) Full-time Librarians, including temporary and provisional personnel, will receive four (4) days personal leave after one (1) year of continuous service and also become eligible for and receive the same allowance for each succeeding year of employment, providing they receive their salary for at least six (6) months in the preceding anniversary year. Application for personal leave shall be filed by the Librarian on the prescribed form with the head of the department. If approved by the head of the department, the application shall be submitted to the Human Resources Director to confirm that the Librarian has unused personal leave days available to him.
(b) A Librarian shall be required to give three (3) days’ prior notice of a personal leave day except: (i) in case of an emergency, and (ii) if his Department Head and Deputy Director both agree to waive the requirement and (iii) five (5) days’ notice will be required if the Librarian wishes to take all four (4) days consecutively.
(c) When a resigned Librarian is reinstated to a position in the Library’s employment within one (1) year, unused personal leave credits due him at the time of his resignation may be restored to him when approved by the Library.
(d) In case of transfer, unused personal leave shall be transferred with the Librarian and he shall receive credit in the department to which he is transferred.
(e) Unused personal leave shall be added to a Librarian’s accumulated sick leave at the end of each fiscal year, but this clause does not extend the permissible accumulation of sick leave beyond the maximums provided in section 3.35(b).
(f) Personal leave may not be taken in increments of less than one hour. It is understood that the granting of requests for leave in one hour increments depends on the work needs of the Library or Department in which the Librarian works.
3.37 Bereavement Leave: A Librarian who has a death in the immediate family (parent, spouse, brother, sister, children, grandparent, grandchildren, son-in-law, daughter-in-law, parent-in-law, brother-in-law, sister-in-law, stepparent, stepchildren, great-grandparent or any other individual who is an actual member of the employee’s immediate household as defined in section 3.35(g)), upon submission of sufficient proof to the employer, shall be given time off without loss of pay up to a maximum of five (5) consecutive calendar days from and including the date of death. However, if the death occurs after the employee reports to work, that day will not be counted as one of the five (5) consecutive calendar days and upon giving appropriate notice, such employee will be allowed to leave for the remainder of the shift without the loss of pay.
3.38 Maternity Leave Without Pay:
(a) A pregnant Librarian shall be granted a leave of absence without pay for the duration of her anticipated disability, as substantiated by her personal physician.
(b) After delivery of the baby, the Librarian, regardless of whether she has been on sick leave or leave without pay, may return on the date recommended by her physician providing a written statement on a form supplied by the Library is submitted to the Library certifying that she is fully employable and ready to resume her full duties.
(a) Jury Duty - Upon presenting proof of the necessity of jury service or of attending court for non-personal matters, a Librarian will be given a paid leave of absence for such period. The Librarian will not be required to report for work prior to or subsequent to his court attendance/jury duty. Any compensation received as a result of State, County or local jury duty on any regularly scheduled work day shall be returned to the Library in accordance with applicable state statutes.
(b) Civil Service Examinations - Permanent Librarians shall be allowed time off with pay to take promotional and open competitive County Civil Service examinations. Provisional Librarians shall be permitted time off with pay to take such examinations in connection with the position in which they are serving.
(c) Occupational Assault: If a Librarian is necessarily absent from work as a result of a physical injury to his person caused by a non-accidental assault and/or battery, which occurs during the course of his employment and if the New York State Workers’ Compensation Board allows benefits for such as an occupational injury, then the Librarian shall receive full pay and benefits, without using sick leave or other types of credit, for all normal working days during the first month of such absence.
(i) Application: Application for leave of absence without pay, for any of the reasons cited in this section 3.39(d) shall be filed by the Librarian, on prescribed form, with the head of his department. Such application shall state the reasons for the requested leave and the duration thereof. Any application for such leave must be answered within two (2) weeks after it is first submitted or it will be deemed to have been granted.
(ii) Extended Illness: When a Librarian has exhausted all of his sick leave credits, and is still incapacitated and unable to perform the duties of his position, or if the attending physician has recommended a period of rest and convalescence, his Department Head may grant leave of absence without pay for a period not to exceed one (1) year, subject to extension pursuant to County Civil Service Rules.
(iii) War Work: A permanent Librarian may, in the discretion of his Department Head, be granted a leave of absence without pay for a period of time, not exceeding one (1) year, to enter the service of the Federal Government in time of war or to engage in war industries for the United States. Such leave of absence, in the discretion of the Department Head, and with the approval of the Library, may be renewed for additional periods, not exceeding one (1) year in each instance without requiring such person to return to his position in the Civil Service between successive leaves; provided, however, that no such renewal of a leave of absence without pay shall extend beyond six (6) months after the termination of the war.
(iv) Veteran’s Education: Any Librarian who is a veteran qualified to receive education or training or vocational rehabilitation under the provisions of any federal or New York State law, shall be granted leave of absence without pay for the period of such education, or training or vocational rehabilitation, provided that the attendance of the veteran is required at times that will preclude employment in his Library position. Such leave of absence shall not extend beyond a period of four (4) years, nor beyond the period for which the veteran shall be eligible to continue the education or training or vocational rehabilitation. It shall terminate at any time that the veteran ceases actual attendance at the classes or courses required by the education, training or rehabilitation program. A veteran who has been on such a leave of absence shall be reinstated to his position, provided he makes application for such reinstatement within sixty (60) days after the termination of such leave of absence. He may be reinstated at any time after such sixty-day period and within one (1) year after termination of such leave of absence in the discretion of his Department Head.
(v) General Education: On the approval of his Department Head, permanent Librarians may be granted leave of absence without pay for a period of one (1) year for the purpose of acquiring additional education and training that will increase the usefulness and efficiency of the Librarian in his position.
(vi) Political Leave: Upon request, a Librarian shall be granted a political leave in accordance with the following provisions:
A. Upon thirty (30) calendar days’ notice, a Librarian shall be granted a maximum of four weeks leave without pay for the purpose of campaigning as an announced candidate for an elective public office.
B. A Librarian who is elected or appointed to public office shall be entitled to a leave of absence without pay for the lesser of one term of office or four (4) years. He shall not accumulate seniority during such absence.
C. At the conclusion of any political leave, the Librarian shall be returned to the same or to a reasonably comparable position.
(vii) Infant Child Care: A leave of absence without pay to care for an infant child will be granted to:
A. A female Librarian whose pregnancy disability has terminated for a period of up to six (6) months thereafter; or
B. A Librarian who has adopted a child of less than five (5) years of age or a hard-to-place or handicapped child as defined in Section 451 of the N.Y. Social Services Law who is under the age of eighteen (18), and which Librarian is principally responsible for the care of the child, for a period of six (6) months after custody of the child is received, or
C. A male Librarian whose wife has given birth to a child will be granted a leave without pay for a period of up to six (6) months. The Librarian will submit, when feasible, thirty (30) days notice of his intent to take paternity leave. In the event both Librarians (parents) are employed by the Library, the Library is not compelled to grant a six (6) month leave.
(viii) Family Care: A Librarian may be granted a leave of absence without pay for up to six (6) months to care for a parent, parent-in-law, child or spouse who is suffering from a serious health condition, illness or injury. It is understood that the Librarian shall be required to provide medical information supporting the need for his presence as a care giver during normal hours of work and fully explaining the seriousness of the illness or injury. It is further understood that any such request rests in the discretion of the Library providing such discretion is not exercised in an arbitrary or capricious manner.
(ix) Other Reasons: Leave of absence without pay, for reasons other than those cited in this section 3.39(d), shall be granted by a Department Head only in unusual circumstances, which in the judgment of the Department Head, justifies the granting of such leave. Requests for such leave and the recommendation of the Department Head, shall be submitted to the Library, and the granting of such leave shall be subject to the approval of the Library.
(e) Transfers: A Librarian who transfers between (a) the Central or a Branch Library and (b) a Contracting Library to accept a promotion shall automatically be put on Leave Without Pay status in his old position for the duration of his probationary period in the new position, so that he may return to the old position if he does not receive a permanent appointment at the end of his probationary period in the new position.
3.40 Part-Time Employees:
(a) A Regular Part-Time Librarian (and not a per diem, seasonal, temporary or per session Librarian nor a substitute for a Librarian on maternity leave) shall receive all fringe benefits provided to all full-time employees covered under this Agreement, but calculated at fifty (50%) percent.
However, Regular Part-Time Librarians hired prior to January 1, 1998 receive all fringe benefits provided to full-time employees pro-rated on the basis of the number of hours they are required to work per pay period as compared with a full-time Librarian.
(b) Part-Time Librarians
(i) Part-time Librarians shall not be entitled to the benefits provided by any of the articles in this agreement except that part-time Librarians who complete two (2) years of employment following January 1, 2001 shall be covered by Article 6 of this Agreement.
(ii) (a) Part-time Librarians who were employed on July 19, 2001 will be compensated at their current step in Job Group 9. At the completion of 2,000 hours, they will move to the next step. After the completion of 4,000 hours, they will again move to the next step.
(b) Part-time librarians hired after July 19, 2001 will be compensated at the entry level step for Job Group 9. At the completion of 2000 hours they will move to the next step. After the completion of 4000 hours, they will again move to the next step.
(iii) Part-time Librarians will be allowed to designate up to two (2) unpaid leave weeks in each calendar year without jeopardizing status of employment.
(c) Any Librarian who works on year-round part-time basis of less than forty (40) hours per pay period shall have a first option to work any additional part-time hours which become available in order to increase said Librarian’s hours to at least forty (40) per pay period provided that the hours which become available involve comparable work in the same unit in which the Librarian is presently employed. In the event that more than one Librarian shall be entitled to a first option, priority will be given first to the Librarian regularly working the greater number of hours per week and second to the Librarian with the greater number of years employment with the Library.
(d) There shall be no rule, written or unwritten, nor practice except as mandated by Civil Service Law which limits the maximum number of hours a part-time Librarian may work, and no regular part-time Librarian, who works twenty or more hours per week through the year, shall be considered a per diem Librarian.
3.41 Librarian Trainee Classes: A full-time Librarian Trainee will be eligible for released time to attend Library School classes if: (1) he has been employed by the Library for at least one (1) year; and (2) he has completed at least twelve (12) semester hours of graduate level library school training in courses approved by the Professional Council at a grade level satisfactory to the Library. Upon request by an eligible Librarian Trainee in advance of his registration for a course or courses approved by the Professional Council, released time (which is not required to be made up) will be granted from that part of the Librarian Trainee’s normal work schedule which conflicts with his attendance at such courses; provided, however, that a maximum of three and one-half hours per week per course (to a maximum of two courses per week) of released time will be granted to a Librarian Trainee.
3.42 Retirement Benefits: All full-time and eligible part-time Librarians are members of and entitled to the benefits of the New York State Retirement System under the New Career Retirement Plan 75-I.
3.43 Termination Benefits: Upon termination of a Librarian’s employment, he will be entitled to receive a cash payment equal to his accrued vacation time. He will be permitted to use his accrued compensatory time prior to his termination.
3.44 Breaks: Each Librarian shall be entitled to a fifteen-minute break during the first half of his work day and a second fifteen-minute break during the second half.
3.45 Retirement Salary Deferred Compensation Plan: The Library will make available a Retirement Salary Deferred Compensation Plan contingent upon the following conditions being met:
1. The provider of such a plan shall be selected by the Association and the Association shall provide any necessary certification indicating approval by the Internal Revenue Service and the State of New York for the carrier so selected by the Association.
2. All respective costs under such a plan are the direct obligation, through payroll deduction, of participating Librarians.
3. The implementation and continuation of such program is contingent upon there being no additional cost, direct or indirect to the Library, over and above that normally attributable to other payroll deductions currently provided to the bargaining unit herein.
4. Such program is effective only if, and so long as, the percentage of employee participation required under such program is maintained.
ARTICLE 4 - WORKING CONDITIONS
4.11 Work Week: All full-time Librarians shall receive a paid one hour lunch period each day which shall be included in the 40 hour work week. This change shall not affect or alter any current practice concerning total hours worked each day during the work week.
4.12 Split Shifts: No Librarian shall be required to work on a split-shift (i.e., one not comprised of 8 consecutive hours including lunch time) without his consent unless the Library receives less than 24 hours notice of absence causing emergency scheduling problems and is unable to arrange other scheduling despite good faith efforts to do so. In that situation, the Librarian shall have the option to work straight through from his first shift to his second shift and receive appropriate compensatory time and shall not without his consent, be required to work split shifts on consecutive working days.
4.13 Flex-Time: Should a Library Director determine it to be practical and feasible, he may at his discretion, after approval of the Library Board or a Contracting Board, implement a flex-time work schedule. It is agreed and understood that such flex-time system in whole or in part may be terminated by the Director or the appropriate board at any time.
4.14 Sunday Hours:
(a) Should the Central Library or any Branch or any Contracting Library be open on Sunday, all hours worked on that day shall be in addition to the required 40-hour work week. Sunday hours are voluntary and may be accepted or rejected by the Librarian.
(b) The Librarian IV or, if a Librarian IV is not available, the Librarian III in charge at the Central Library will be paid time and one-half his regular pay rate for all hours worked; Librarians performing public service work at the Central Library will be paid time and one-half the pay rate of Job Group 9, Step 1 for all hours worked.
(c) Librarians who oversee operations at Contracting Libraries or Branch Libraries will be paid time and one-half the pay rate of Librarian 2, Step 2 for all hours worked; Librarians performing public service work at said libraries will be paid time and one-half the pay rates of Job Group 9, Step 1 for all hours worked.
(d) The Library agrees to offer Sunday work to all Librarians on an equal basis at all locations subject to training requirements. Twice per year, a survey will be sent to all Librarians canvassing them for their availability for Sunday work (both supervisory and public service work) system-wide. Any Librarian interested in Sunday work has to commit to at least one (1) Sunday per month.
(e) Reasonable efforts will be made by the Library, subject to budget and coverage constraints, to provide training where required to Librarians who indicate their desire to perform Sunday work at Central Library, Contracting Libraries or Branch Libraries. Such training may include performing voluntary work at a particular Library. The final determination concerning the qualifications of a Librarian for Sunday outside of his particular department or Library shall be in the sole discretion of the applicable Deputy Director or his delegate or Contracting Library Director or his delegate.
(f) The Library agrees that Sunday work will be first offered only to full-time and Regular Part-time Librarians unless there is an insufficient number of volunteers; in said event, the Library would be permitted to utilize part-time Librarians only to the extent required to fill out the schedule for a particular Sunday.
4.15 Scheduling:
(a) No full-time Librarian will be involuntarily scheduled for more than five (5) consecutive days from Monday through Saturday.
(b) No full-time Librarian will be involuntarily scheduled for more than two (2) nights per week.
(c) Each full-time Librarian, if he wishes, shall be entitled to have at least one Saturday per month as a normal day off from work.
4.16 Emergency Closing: In the event the Library Director, or a Contracting Library Director declares the closing of a certain Library or Libraries and/or operations and/or services due to any flood, fire, uncontrolled weather conditions or other cause beyond the Library’s control, the effected Librarians will not be charged any accruals or lose any pay for the time closed.
4.17 Central Library Parking: The Library agrees to keep in effect and to enforce to the extent possible, written regulations for the parking lot east of the Central Library.
4.18 Non-Discrimination: The Library agrees it will not discriminate against any Librarian because of the latter’s age, race, creed, color, national origin, political affiliation, marital status, sex, sexual preference or any other similar reason in promotion, compensation, or any other term, condition or privilege of employment.
4.19 Paid Lunch Period: Should any full-time Librarian be limited to a ½ hour lunch period or no lunch period on any day, such full-time Librarian shall receive compensatory time equal to the paid lunch time which he lost.
ARTICLE 5 - ASSOCIATION BENEFITS
5.11 Check-Off: The Board shall cause to be deducted from the wages of the Librarians and remitted to the Association at the Buffalo and Erie County Public Library, 1 Lafayette Square, Buffalo, New York 14203, membership dues for those Librarians authorizing such deductions. These deductions shall be made at times corresponding to the regular payroll periods. Any such written authorizations for dues deductions may be withdrawn at any time by a Librarian by mailing, by registered mail, a written notice of such withdrawal, signed by the Librarian, to the Library Director or Contracting Library Director. Such withdrawal shall not become effective until the pay period in the month following receipt of the withdrawal and is subject to section 5.12.
5.12 Agency Shop:
(a) Effective upon the execution of this Agreement, the Board, or the Contracting Board in the case of a Librarian employed by a Contracting Library, agrees to cause to be deducted from the salary of each Librarian who is not a member of the Association and promptly remitted to the Association an amount equivalent to the amount of dues paid by a member of the Association. These deductions shall be made at times corresponding to the regular payroll periods and in amounts equal to the amounts being deducted from the salaries of Librarians who are members of the Association and who have authorized the check-off manner of paying their dues.
(b) The Association agrees to establish and maintain a procedure whereby any non-member may demand and receive a refund of that part of his dues deduction equal to his pro-rata share of any Association expenditures in aid of causes or activities only incidentally related to the terms and conditions of the Librarians’ employment.
(c) If, through inadvertence or error, the Board or Library fails or neglects to make a deduction which is properly due and owing from a Librarian’s pay check, such deduction shall be made from the next pay check of the Librarian and remitted to the Association. So long as they act in good faith and make reasonable efforts to comply with their obligations under this section 5.12, neither the Library nor the Board shall be liable to the Association, any Librarian or any other party for the remittance or payment of any sum other than the amount actually deducted from Librarian’s wages and the Association agrees to hold the Board and the Library harmless for such actions.
5.13 Notice of Board Meetings: Notice of each public meeting of the Buffalo and Erie County Public Library Board of Trustees shall be given to the president of the Association at the same time and in the same manner as such notice is given to members of the Board. A copy of the approved minutes of public meetings of the Buffalo and Erie County Public Library Board of Trustees shall be given to the president of the Association at the same time and in the same manner as copies thereof are sent to members of the Board.
5.14 Attendance at Board Meetings: Released time without loss of pay shall be granted to one Librarian representative of the Association for the purpose of attending public meetings of the Buffalo and Erie County Public Library Board of Trustees as an observer. If the representative of the Association is other than its president, written notice of the representative’s name shall be given to the Library Director generally not later than the day preceding the Board meeting which he is to attend.
5.15 Employee Relations Committee: Association representatives shall be entitled to meet on a reasonable number of occasions with the Employee Relations Committee of the Board of Trustees for the purpose of discussing matters of mutual concern to the Association and the Library. Written notice of the Association’s desire to meet with the Committee, which shall contain a summary of the matters which the Association proposes for discussion, shall be given to the Library Director. The meeting of the Association representatives and the Committee shall take place as soon thereafter as arrangements therefor can reasonably be made.
5.16 Facilities: Space in the Central Library, to be selected by mutual agreement of the Library Director and the Association President, shall be made available to the Association for use as an office. The Association may use the Central Meeting Room during hours when the Library is open and without charge. Unless previously reserved by another group, the Association may use the auditorium without charge (so long as admission is not charged) under the same rules as applicable to other groups. The Association may use the Central Library as its mailing address. Notices of Association activities may be posted on the Library’s bulletin boards or, in the alternative, the Association may install its own bulletin board for that purpose at a place in the Central Library approved by the Library Director.
ARTICLE 6 - GRIEVANCES
Section 6.1 - General
6.11 Grievance: The following definitions apply in interpreting the provisions of this article:
(a) "Grievance" means a claim that a party has violated, misapplied or misinterpreted a provision of this Agreement.
(b) "Grievant" means a party or a Librarian who has a grievance.
(c) "Consecutive working days" means a period of consecutive calendar days excluding Saturdays, Sundays and holidays.
6.12 Forms: A written grievance by (a) a Librarian, or (b) the Association on its own behalf, or (c) the Association on behalf of a Librarian or Librarians and with the concurrence of its board of directors, may be submitted on the form shown in Appendix B. Grievance forms will be provided by the Association.
6.13 Association Assistance: A Librarian shall have the right to be represented by an Association representative at any step of the grievance procedure. However, nothing herein contained shall be construed as prohibiting a Librarian from submitting and appealing a grievance without the assistance of or representation by the Association. In such situations, the Deputy Director (at Level I) or the Library Director (at Level II), as the case may be, will meet and discuss the matter with Association representatives prior to making the adjustment.
6.14 Time Limits: The time limits set forth in this Article 6 must be strictly adhered to by Librarians and the parties. However, the parties may by mutual consent extend any such time limit, provided that any such extension must be evidenced by a written memorandum signed by both parties. The failure of the grievant to proceed within the time limits set forth shall terminate the grievance at that point. The failure of the Library to answer within the time limits set forth will entitle the grievant to proceed to the next level of the grievance procedure, upon notice to the Library.
6.15 Representatives: The Library shall furnish to the Association a list of its representatives for each level of the grievance procedure. The "Deputy Director" at Level I normally will be the Deputy Director responsible for the Branch or Central Library department from which the grievance originates and the Town Library Director in the case of a Contracting Library Librarian or their respective designees. The Association shall furnish to the Library a list of its representatives for each level of the grievance procedure.
Section 6.2 - Procedure
6.21 Initial Level: If the grievant is a Librarian, the grievance shall be submitted at Level I. If the grievant is the Association and the grievance involves employees from more than one Contracting Library, Branch or department of the Central Library, the grievance shall be submitted in writing at Level II or if the grievant is the Library, it shall be submitted in writing at Level II. Initial submission of a grievance, regardless of level, shall be within thirty (30) calendar days of the occurrence of the facts which gave rise to the grievance or the time when the grievant had actual knowledge or should have known of such facts, whichever is later.
6.22 Level I: The grievant shall present his grievance in writing on an appropriate grievance form (Appendix B) to the appropriate Deputy Director. At the written request of the grievant, the appropriate Deputy Director or his designee, if such request is submitted simultaneously with the submission of the grievance, shall hold an informal hearing within ten (10) consecutive working days after the submission of such written request. The Deputy Director, or his designee, shall render a decision in writing within ten (10) consecutive working days after the submission of the grievance or date of hearing, whichever is later.
6.23 Level II: If the grievant is not satisfied with the disposition of the grievance at Level I, the grievant may appeal the grievance to the Library Director, or his designee, within ten (10) consecutive working days after the Deputy Director’s decision in Level I is received or the last day upon which it is due, whichever is earlier. If the grievant is the Library, the grievance may be submitted by forwarding the grievance form to the Association President. Within ten (10) consecutive working days after the Library Director (or Association President) has received a grievance, he shall meet with the grievant in an attempt to resolve the grievance. The Library Director (or, if the Library is the grievant, the Association President) shall answer the grievance in writing not later than the tenth (10th) consecutive working day after the day on which the Level II meeting was held. In case of a grievance filed by or on behalf of a Librarian or Librarians employed at a Contracting Library, Level II will be omitted and the grievant(s) may proceed directly from Level I to arbitration.
Section 6.3 - Arbitration
6.31 Notice: A party who desires to appeal a grievance to arbitration may do so by giving written notice thereof to the other party within fifteen (15) consecutive working days after the Library Director or Association President’s decision in Level II is received or the last day upon which it was due, whichever is earlier. Only one grievance may be appealed to an arbitrator in the course of a single arbitration proceeding unless the parties agree in writing to the appeal of two or more specifically identified grievances.
6.32 Selection of Arbitrator: Unless the parties agree on a mutually acceptable arbitrator within five (5) consecutive working days after the day on which the notice required by paragraph 6.31 of this Agreement is given, the appealing party shall send a letter to the New York State Employment Relations Board which:
(a) requests arbitration of a specifically identified grievance, and
(b) requests the New York State Employment Relations Board to send to each party a list of ten (10) names of arbitrators.
Each party, not later than the tenth (10th) consecutive working day after receipt of its copy of the list, must mail its copy to the New York State Employment Relations Board with any names thereon which are unacceptable to it crossed out and all other names numbered in order to show the party’s preference. The New York State Employment Relations Board shall then name the arbitrator most preferred by the parties as indicated on the lists submitted. If the New York State Employment Relations Board determines that no mutually acceptable arbitrator has been selected by the parties, it shall submit a second list of ten (10) names and the same procedure will be followed with respect to it. If the New York State Employment Relations Board determines that no mutually acceptable arbitrator has been selected by the parties from the second list, the New York State Employment Relations Board shall name the arbitrator.
6.33 Procedure: The time and place of the arbitration hearing shall be agreed on by the parties and the arbitrator. The arbitration proceeding shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association, but only to the extent that those Rules are consistent with the provisions of this Agreement.
6.34 Costs: One-half (½) the fees and expenses of the arbitrator must be paid by each party. All other expenses, including the compensation of witnesses, incident to the arbitration must be paid by the party which incurred them, except that, if either party desires a verbatim stenographic record of the arbitration hearing, it may cause such a record to be made at its own expense provided that it furnishes a copy of the record to the arbitrator and a copy to the other party.
6.35 Jurisdiction and Binding Effect: The arbitrator is hereby empowered and authorized to interpret and apply, but not to modify, enlarge or restrict the provisions expressed in this Agreement. The power and authority of the arbitrator does not extend to matters (other than matters expressly covered by this Agreement) which are required by law to be resolved by some other body, to matters which do not constitute a grievance as defined by this Agreement, nor to grievances which have not been timely submitted and appealed as required by this Agreement. The decision of the arbitrator, if made in accordance with his power and authority as herein defined, is final and binding on the parties and the grievant.
Section 6.4 - Disciplinary Proceedings
6.41 General: A Librarian shall not be disciplined nor discharged except for unsatisfactory work performance or job misconduct and any discipline which the Board seeks to impose must be done in accordance with the provisions of this section. Discipline includes a formal reprimand, suspension with or without pay, demotion, dismissal or any similar penalty. Whenever feasible, the Board shall follow a policy of progressive discipline. If the Board has any reason to reprimand a Librarian, it shall be done in such manner that it will not embarrass the Librarian in front of other employees or the public.
6.42 Notice of Discipline: If a representative of the Board seeks to discipline or discharge a Librarian, a written Notice of Discipline shall first be personally served upon the Librarian and the president of the Association; if personal service is not reasonably possible, service can be made by certified mail - return receipt requested. The Notice of Discipline shall contain the penalty being imposed and the reasons for the discipline, including a detailed description of the alleged acts and/or conduct complained of with dates, times and places.
6.43 Timeliness of Discipline: A Librarian shall not be disciplined for acts which occurred more than one (1) year prior to his receipt of the Notice of Discipline (unless said acts of misconduct or incompetency would constitute a crime under the laws of the State of New York) and the Board shall not take into account any prior disciplinary action against the Librarian which occurred more than three (3) years prior to the date of discipline.
6.44 Appeal: Within ten (10) working days after the Librarian receives the Notice of Discipline, he may file a written appeal with the Director or President of the Contracting Library Board; said appeal shall be considered to be filed upon the date it is postmarked, if mailed, or upon the date it is hand delivered to the Director’s Office or the President of the Contracting Library Board.
6.45 Director’s Hearing: The Director or Contracting Library Board or its designee shall schedule a hearing to be held within fifteen (15) working days after the date of his receipt of the written appeal. The Director shall inform the Librarian and the Association President in writing of the time and place of the hearing. The Librarian may be represented at the hearing by counsel of his choosing and/or by a representative or representatives of the Association and both parties shall have the right to summon witnesses. The technical rules of evidence need not be complied with and the parties shall be allowed to present any and all relevant written information and oral argument concerning the matter. The Director or Contracting Library Board shall provide a written decision to the Librarian and the Association President within ten (10) working days following the close of the hearing.
6.46 Arbitration: If the Librarian or the Association is not satisfied with the Director’s or Contracting Library Board’s decision, it can notify the Director or President of the Contracting Library Board in writing within ten (10) days after receipt of his decision that it is proceeding to binding arbitration. In addition, if the discipline which the Board or Contracting Library Board seeks to impose is to discharge or suspend the Librarian without pay, the Librarian has the option to proceed directly to arbitration without going through the Director’s hearing.
6.47 Selection of Arbitrator: If the Association or the Librarian invokes its right to arbitration, either party will have the right to request a list of the names of five (5) arbitrators from the New York State Public Employment Relations Board. Upon receipt of such list, each party will strike two (2) names from the list and the remaining name will be the arbitrator designated to hear the arbitration.
6.48 Conduct of the Arbitration: The duties of the arbitrator shall be to conduct a hearing to determine whether the Librarian is guilty of the misconduct or unsatisfactory work performance charges and the appropriateness of the proposed penalty. If the arbitrator finds the proposed penalty is inappropriate, he may determine that any appropriate action be taken and may devise a new remedy but may not impose a worse penalty than that sought by the Board. The arbitrator shall not have the right to modify the provisions of this Agreement. The arbitrator’s decision shall be rendered within thirty (30) days after completion of the hearing or after the receipt of the written briefs of both parties, if post-hearing briefs are to be submitted. If a decision is not rendered within the stated time, both parties will jointly contract the arbitrator to expedite the decision. The cost of any arbitration hearing will be borne equally by the parties to the arbitration. The same rules of evidence, etc. applicable at the Director’s hearing (and set forth in section 6.45) shall be applicable to the arbitration. Any offer of compromise or settlement made by either party prior to arbitration shall not be admissible at the arbitration hearing. The decision of the arbitrator shall be binding upon all parties to the proceeding.
6.49 Extension of Time: Any period of time provided in this section may be extended upon the written consent of the Board or Contracting Library Board, the affected Librarian(s) and the Association.
ARTICLE 7 - PROFESSIONAL COUNCIL
7.11 Members: The parties agree to continue the "Professional Council" composed of six (6) members, three (3) of whom shall be members of the Association selected by it and three (3) of whom shall be selected by the Library Director; each member shall serve at the pleasure of the party which appointed him. The members shall select a chairman who will be responsible for the arrangement and conduct of the meetings and who shall serve for a term of one (1) year. The chairmanship shall alternate thereafter every year between members selected by the Director and those selected by the Association.
7.12 Meetings: The Professional Council shall meet on call of its Chairman or of the Association President or of the Library Director to discuss and study subjects placed on its agenda by either party or by any two (2) members of the Council. The Council shall establish its own rules of procedures. The Council may consider both negotiable and nonnegotiable matters, and the fact that a matter is considered or proposed for consideration by the Council shall in no way imply that such matter is negotiable.
7.13 Committees: The Professional Council may establish committees for the discussion and study of any item on the Council’s agenda. Members of the committees need not be members of the Council.
7.14 Reports: Reports of the committees shall be made to the Council; reports of the Council shall be made to the Library Director and the Association President. Recommendations of the Council shall be adopted by majority vote of the entire Council. Such recommendations shall not be binding on the parties.
ARTICLE 8 - MISCELLANEOUS
8.11 Residency: Unless Civil Service Law provides to the contrary, appointments and promotions of Librarians to positions in any unit of the Library must be made without regard to the residency of the Librarian.
8.12 Positions Sought: Each Librarian of the Buffalo and Erie County Public Library shall, at least once annually, on forms provided for that purpose by each Library Board, state his desire, if any, to be considered for another position or positions within the Buffalo and Erie County Public Library negotiating unit.
8.13 Positions Available/Transferability: The parties recognize the desirability of giving notice of position vacancies to Librarians within the negotiation unit. Accordingly, each permanent vacancy shall be posted and notices sent to all libraries for a period of ten (10) days before the vacancy is filled.
In the event, there is a need to fill a long-term, temporary vacancy (expected to exceed three (3) months, but not expected to exceed one (1) year), the Library will notify the Human Resources Office of such vacancy. The B&ECPL Human Resources Office will prepare a posting regarding the vacancy, which shall be distributed to all libraries and posted for a period of ten (10) days.
Librarians will have the opportunity to volunteer for such vacancy. If more than one (1) qualified Librarian volunteers or if no volunteer is forthcoming, the selection of the Librarian will be made at the administrative level./
In the event of the need for a short term re-assignment (defined as a reassignment not expected to exceed three months), attempts will be made to solicit volunteers from libraries. If more than one qualified Librarian volunteers or if no volunteer is forthcoming, the selection of the Librarian will be made at the administrative level. Whenever possible such reassignments will be limited to participating libraries within a region to minimize inconvenience of affected employees.
All Librarians employed by any unit of the Library shall be placed in one county-wide common promotional unit for Civil Service purposes. Transfers or promotions within this common promotional unit shall entail no loss or reduction of employees’ benefits, regardless of whether or not the Librarian transfers from the jurisdiction of one library board to another.
8.14 Abolished Positions: If any existing position shall be abolished for any reason, the Librarian in that position will be given first priority to transfer to any vacant position for which he is qualified.
8.15 Filling Vacancies: Expediency in filling vacancies is most desirable. The Contracting Board shall provide, in writing, to the Library Director justification for any position left vacant beyond six (6) months and such justification shall be made available to the Association upon request.
8.16 System Meetings: Each full-time Librarian, where possible, shall have time off from work to attend at least one System Meeting per year, with the meeting subject to the approval of his or her immediate supervisor. Librarians shall be encouraged to attend as many additional System Meetings as practicable, with the approval of their supervisor, when the operation of the Library or Department allows.
8.17 Meetings and Committees: Whenever it will not unreasonably interfere with the operation of a Library or Department:
(a) During working hours, a full-time Librarian may attend a professional meeting or participate on a committee when that individual’s representation has been requested by the Central Library; and
(b) During working hours, a full-time Librarian may examine resources at the Central Library for material selection or service development purposes.
(c) The decision as to whether such absence would unreasonably interfere with operations and, if not, which Librarian(s) may attend and when they may do so will be made by the Contract Library Director or the appropriate administrator.
8.18 Professional Development: Each full-time Librarian shall be allowed up to a maximum of forty (40) hours of Professional Development time per calendar year. Twenty-four (24) hours of said Professional Development time must be used solely for the purpose of attending a State or National Library Conference. Any remaining Professional Development time will be used for classes, programs or workshops of a continuing education nature and which include library appropriate subject matter.
(a) The decision as to whether such absence would unreasonably interfere with operations and, if not, which Librarian(s) may attend and when they may do so will be made by the Contract Library Director or the appropriate administrator.
(b) In any instance, where Library funding is requested or for classes or workshops exceeding one (1) day in length, approval of the Assistant Deputy Director of Human Resources will also be required.
(c) If a Full-time Librarian is assigned to attend a class, program or workshop by his Contract Library Director or administrator, such time spent in such class, program or workshop will not be counted as Professional Development Time.
8.19 Effect of this Agreement: The parties intend this Agreement to govern and control the relationship between the Library (or the Board) and the Librarians and, in the event of any inconsistency between this Agreement and any other rule or regulation of the Board, the Library or the County, this Agreement will control.
8.20 Town Librarians: Whenever this Agreement applies to a Librarian employed by a Contracting Library, "his town Library Director" shall be substituted for any reference herein to the Librarian’s "Department Head," "Deputy Director", "Library Director" or Library Human Resources Director; however, if he shall have a branch head of the library where he is employed, "his Branch Head" shall be substituted for any reference herein to his "Department Head".
8.21 Library Property: Any Librarian who has in his possession property belonging to the Library shall return all such equipment and secure a written receipt prior to such Librarian’s termination date. Should such Librarian fail to so return any such Library property, the Librarian’s final paycheck shall be withheld until such property is returned.
8.22 Toxic Substance Testing: Should the Erie County Division of Environmental Control or any other State or Federal authorized testing agency determine that any Librarian has been exposed at the work place to a toxic substance, such employee shall be released from work, with pay, to complete any testing recommended by the Division of Environmental Control or authorized State agency. The employee will submit any statement for such testing to his or her health insurance provider, but the Library will pay for the cost of such testing which is not covered by the employee’s health insurance.
8.23 Business Expenses: When attendances at outside conferences and/or workshops is required by the Library, the Librarian will be reimbursed in full for expenses subject to Buffalo and Erie County Public policy and administrative procedures (See Continuing Education Policy, VI-12, and Travel Policy, VI-13). If said conference and/or workshop is required, it will be verified in writing to the Librarian.
8.24 Notification: The Library will provide notification to the President of the Association whenever it fills or reclassifies positions.
8.25 Process Improvement
A. Process Improvement Study: The Association will be entitled to have no less than five (5) representatives on the Process Improvement Committee (formerly known as the Staffing Models Committee) which will be continued until the Committee’s work is concluded. As part of its charge, the Committee will examine Library activities and resource allocations, including review and revisions of job descriptions for positions covered by this Agreement and review of levels of responsibility for those positions.
B. Upon completion of the Committee’s work, the results will be provided to the Association.
8.26 Access to Employees: Every three (3) months during the duration of this Agreement, the Library will furnish the Association a list of new employees in the bargaining unit in addition to any change of address of current employees in the unit. Such list of new employees will contain the name, address, position, and salary level.
8.27 Pledge Against Coercion: The Library agrees not to interfere with the rights of Librarians to become members of the Association, and there shall be no discrimination, interference, restraint, or coercion by the Library or any Library Representative against any Librarian because of Association membership or because of any Librarian activity in an official capacity on behalf of the Association.
ARTICLE 9 - TERM AND RECLASSIFICATION
9.11 Term: Unless otherwise provided herein, each provision of this Agreement shall be effective for a three (3) year term from January 1, 2001 to December 31, 2003 and thereafter unless and until modified by subsequent written agreement between
the parties. In the event this Agreement expires before a new agreement is signed, in the interim period between the termination of this Agreement and the execution of a new one, all provisions of this Agreement will remain in effect and, in addition, each Librarian, who receives a satisfactory evaluation pursuant to section 3.11(b), will receive any step or longevity increase (under the 2003 salary schedule) for which he becomes eligible.
9.12 Reclassification: If the Librarian job titles are changed from the classified competitive status of Civil Service during the term of this Agreement, the parties agree to negotiate in good faith to amend this Agreement as it pertains to, and only as it pertains to, promotions, dismissals, layoff, seniority and any other areas presently determined for Librarians by Civil Service Law rather than by the terms of this Agreement.
IN WITNESS WHEREOF, the duly authorized represen