AGREEMENT BETWEEN THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY AND THE LIBRARIANS ASSOCIATION OF THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY For the Years 2004, 2005 and 2006
TABLE OF CONTENTS Page ARTICLE 1 - PARTIES AND RECOGNITION.............................................................................. 1 ARTICLE 2 - DEFINITIONS.......................................................................................................... 2 (a) "Association"................................................................................................. 2 (b) "Board"......................................................................................................... 2 (c) "Branch"....................................................................................................... 2 (d) "Central Library"........................................................................................... 2 (e) "Contracting Board"...................................................................................... 2 (f) "Contracting Library"..................................................................................... 2 (g) "County"....................................................................................................... 2 (h) "Librarian"..................................................................................................... 2 (i) "Librarian Trainee"........................................................................................ 2 (j) "Library"....................................................................................................... 3 (k) "Library Director".......................................................................................... 3 (l) "Regular Part-Time Librarian"........................................................................ 3 (m) "Party".......................................................................................................... 3 (n) "Part-time Librarian"...................................................................................... 3
ARTICLE 3 - COMPENSATION AND BENEFITS....................................................................... 4 Section 3.1 - Compensation................................................................................................... 4 3.11 Salary............................................................................................................ 4 3.12 Longevity Increments..................................................................................... 5 3.13 Promotions.................................................................................................... 6 3.14 Temporary Assignment.................................................................................. 6 3.15 Stipends........................................................................................................ 6 3.16 Transportation Expenses................................................................................ 7 3.17 Hourly Pay Rate............................................................................................ 7 3.18 Call-In Pay Rate............................................................................................ 7 3.19 Pay Period.................................................................................................... 7 3.20 Overtime....................................................................................................... 8 Section 3.3 - Benefits............................................................................................................ 9 3.31 Health and Dental Insurance........................................................................... 9 3.32 Vacations and Compensatory Time.............................................................. 13 3.33 Holidays...................................................................................................... 15 3.34 Family and Medical Leave Act..................................................................... 17 3.35 Sick Leave.................................................................................................. 17 3.36 Personal Leave............................................................................................ 20 3.37 Bereavement Leave..................................................................................... 21 3.38 Maternity Leave Without Pay....................................................................... 22 3.39 Other Leave of Absence.............................................................................. 22 (a) Jury Duty..................................................................................................... 22 (b) Civil Service Examinations........................................................................... 23 (c) Occupational Assault................................................................................... 23 (d) Leave Without Pay...................................................................................... 24 (i) Application...................................................................................... 24 (ii) Extended Illness............................................................................... 24 (iii) Military Leave................................................................................. 24 (iv) Veteran's Education........................................................................ 24 (v) General Education........................................................................... 25 (vi) Political Leave................................................................................. 25 (vii) Infant Child Care............................................................................. 25 (viii) Family Care..................................................................................... 26 (ix) Other Reasons................................................................................. 26 (e) Transfers..................................................................................................... 26 3.40 Regular Part-Time Employees...................................................................... 27 3.41 Part-Time Librarians and Part- Time Librarian Trainees................................ 27 3.42 Librarian Trainee Classes............................................................................. 28 3.43 Retirement Benefits...................................................................................... 28 3.44 Breaks........................................................................................................ 29 3.45 Retirement Salary Deferred Compensation Plan............................................ 29
ARTICLE 4 - WORKING CONDITIONS.................................................................................... 29 4.11 Work Week................................................................................................ 29 4.12 Split Shifts................................................................................................... 29 4.13 Flex-Time.................................................................................................... 30 4.14 Sunday Hours.............................................................................................. 30 4.15 Scheduling................................................................................................... 32 4.16 Emergency Closing...................................................................................... 32 4.17 Central Library Parking................................................................................ 32 4.18 Non-Discrimination...................................................................................... 32 4.19 Paid Lunch Period....................................................................................... 32
ARTICLE 5 - ASSOCIATION BENEFITS................................................................................... 33 5.11 Check-Off................................................................................................... 33 5.12 Agency Shop............................................................................................... 33 5.13 Notice of Board Meetings............................................................................ 34 5.14 Attendance at Board Meetings..................................................................... 34 5.15 Time Off for Union Business........................................................................ 34 5.16 Employee Relations Committee.................................................................... 35 5.17 Facilities...................................................................................................... 35
ARTICLE 6 - GRIEVANCES........................................................................................................ 36 Section 6.1 - General........................................................................................................... 36 6.11 Grievance.................................................................................................... 36 6.12 Forms......................................................................................................... 36 6.13 Association Assistance................................................................................. 36 6.14 Time Limits.................................................................................................. 36 6.15 Representatives........................................................................................... 36 Section 6.2 - Procedure....................................................................................................... 37 6.21 Initial Level.................................................................................................. 37 6.22 Level I......................................................................................................... 37 6.23 Level II....................................................................................................... 37 Section 6.3 - Arbitration...................................................................................................... 38 6.31 Notice......................................................................................................... 38 6.32 Selection of Arbitrator................................................................................. 38 6.33 Procedure................................................................................................... 38 6.34 Costs.......................................................................................................... 39 6.35 Jurisdiction and Binding Effect...................................................................... 39 Section 6.4 - Disciplinary Proceedings................................................................................. 39 6.41 General....................................................................................................... 39 6.42 Notice of Discipline..................................................................................... 39 6.43 Timeliness of Discipline................................................................................ 40 6.44 Appeal........................................................................................................ 40 6.45 Director's Hearing....................................................................................... 40 6.46 Arbitration................................................................................................... 40 6.47 Selection of Arbitrator................................................................................. 41 6.48 Conduct of the Arbitration........................................................................... 41 6.49 Extension of Time........................................................................................ 41
ARTICLE 7 - PROFESSIONAL COUNCIL................................................................................. 42 7.11 Members..................................................................................................... 42 7.12 Meetings..................................................................................................... 42 7.13 Committees................................................................................................. 42 7.14 Reports....................................................................................................... 42 ARTICLE 8 - MISCELLANEOUS................................................................................................ 42 8.11 Residency.................................................................................................... 42 8.12 Positions Sought.......................................................................................... 42 8.13 Positions Available/Transferability................................................................ 42 8.14 Abolished Positions..................................................................................... 43 8.15 Filling Vacancies.......................................................................................... 43 8.16 Layoff......................................................................................................... 43 8.17 System Meetings......................................................................................... 44 8.18 Meetings and Committees............................................................................ 44 8.19 Professional Development............................................................................ 44 8.20 Effect of this Agreement............................................................................... 45 8.21 Town Librarians.......................................................................................... 45 8.22 Library Property.......................................................................................... 45 8.23 Toxic Substance Testing.............................................................................. 45 8.24 Business Expenses....................................................................................... 45 8.25 Notification.................................................................................................. 45 8.26 Process Improvement.................................................................................. 46 8.27 Access to Employees................................................................................... 46 8.28 Pledge Against Coercion.............................................................................. 46
ARTICLE 9 - TERM AND RECLASSIFICATION....................................................................... 46 9.11 Term........................................................................................................... 46 9.12 Reclassification............................................................................................ 47
APPENDIX C - HEALTH INSURANCE WAIVER -- FORM APPENDIX D - MOU HEALTH INSURANCE WAIVER APPENDIX E - MOU PART-TIME LIBRARIAN HEALTH AND DENTAL INSURANCE
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: Amherst Public Library Aurora Town Public Library Cheektowaga Public Library City of Tonawanda Public Library Clarence Public Library Collins Public Library Concord Public Library Elma Public Library Grand Island Memorial Library Hamburg Public Library Lackawanna Public Library Lancaster Public Library Newstead 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 full-time and part-time
Librarian Trainees and all professional Librarians holding full time,
regular-part time or part-time positions as Librarian I,
Librarian II, Librarian III, Librarian IV, Librarian V, Library
Director I, Library Director II, Library Director III or Library
Director IV in the Buffalo and Erie County Public Library
System.
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 Article 1 of 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 Librarian I, Librarian II, Librarian III, Librarian IV, Librarian V, Library Director I, Library Director II, Library Director III or Library Director IV at the Central Library, a Branch, or a Contracting Library. (i) Effective January 1, 2005, "Librarian Trainee" means an employee who possesses a four (4) year college degree and is enrolled in a library school accredited by the American Library Association or registered by the New York State Education Department. A Librarian Trainee hired after January 1, 2005 can be employed as a Librarian Trainee by the Central Library, a branch or contracting library for no more than three (3) years. A reasonable effort shall be made to schedule a Librarian during the Librarian Trainee's scheduled work time in the unit or department to which he is assigned. However, in an emergency or during the Librarian's lunch/break period, a Librarian Trainee may work in a department or unit for a short period of time. Examples of an emergency include: employee illness, absence caused by bad weather, etc. A Librarian Trainee may work on a Mobile Library in lieu of a Librarian's presence without violating the above provision. A Librarian will be accessible by telephone/e-mail should the need for professional guidance arise. (j) "Library" means the Buffalo and Erie County Public Library and all of the Contracting Libraries listed in Article 1 of this Agreement. (k)
"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. (l) "Regular Part-time Librarian" means a librarian regularly working twenty (20) hours or more but less than forty (40) hours per week. (m) "Party" means the Library or the Association. (n) "Part-time Librarian" means a librarian regularly working fewer than twenty (20) hours per week. (o) 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.
Section 3.1 - Compensation 3.11 Salary: (a) All full-time, regular part-time and part-time Librarians and full-time and part-time Trainees 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 amounts shown on the salary schedule (Appendix A) are the annual salary and the hourly rate, respectively. A Library Director I, Library Director II, Library Director III and Library Director IV receive the same salaries as a Librarian II, Librarian III, Librarian IV and Librarian V respectively, as follows: Schedule: Job Group 7 = Librarian 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 = Librarian V, Library
Director IV (b) A full-time or regular part-time 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 full-time or regular part-time Librarian who receives a standard or higher overall rating on his evaluation shall be granted said merit increase. The Library Director or Contracting Library Director, Administrator, the Contracting Library Board of Trustees or respective designee will discuss the evaluation with the full-time or regular part-time Librarian and provide him with a copy of the evaluation as part of the evaluation process. If a full-time or regular part-time Librarian is denied a merit increase, he shall be evaluated again by the Library Director, Contracting Library Director, Administrator, Contracting Library Board of Trustees or respective designee 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 full-time or regular part-time 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 full-time or regular part-time 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. (d) Part-time Librarians and part-time Librarian Trainees should refer to section 3.41 for increment information. 3.12 Longevity Increments: (a) Effective January 1, 2005, an additional longevity Step "F" will be added. Full-time and regular part-time Librarians who have been on the fifth longevity step (Step "E") for three years or more will be moved to the sixth step (Step "F"). Any full-time or regular part-time Librarian who has been on longevity Step "E" less than three years will be moved to the longevity Step "F" after three (3) years on longevity Step "E". (b) A full-time or regular part-time Librarian shall be eligible for the first longevity increment (Longevity A) 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) Following the receipt of the first longevity increment (Longevity A) a full-time or regular part-time Librarian shall receive an additional longevity increment, up to a total of 6 (Longevity F), including the first longevity increment set forth in paragraph (b (above) for each additional three (3) years of actual service in the same job group. (d) 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. (e) 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 coincid. In such cases, the increment date is the first day of the respective pay period during which January 1, or July 1 falls. (f) When a full-time or regular part-time Librarian, is demoted or bumped because of budget limitations to a lower job group, in determining his 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, Longevity Step D, Longevity Step E or Longevity Step F of his 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, Longevity Step D, Longevity Step E or Longevity Step F 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: (a) If a full-time or regular part-time Librarian is promoted, he shall be promoted to the same step in the new salary grade. (b) Part-time librarians are not eligible for promotion. Part-time Librarians are eligible for appointment to a Librarian I position in accordance with New York State Civil Service Law. If a part-time Librarian is appointed to a Librarian I position, he shall be so appointed at the same step in the new salary grade. (c) Librarian Trainees are not eligible for promotion. If a Librarian Trainee is appointed to a Librarian I position, in accordance with New York State Civil Service Law, he shall be so appointed in the new salary grade, Step 0. 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 full-time Librarians currently eligible and to other full-time Librarians when they become eligible, in the amounts and in the circumstances described below: (a) Effective January 1, 2005 the stipend will increase from $125.00 to $200.00 to any full-time Librarian who currently possesses or, during the life of this agreement, earns a second, advanced/Masters or Doctorate degree which is directly related to any assignment with the Library; and (b) Effective January 1, 2005 the stipend will increase from $125.00 to $200.00 to any full-time 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 full-time or regular part-time Librarian's personally owned automobile for Library business is authorized by the Library Director or Contracting Library Director or designee, the full-time or regular part-time Librarian shall receive reimbursement. The mileage reimbursement rate will be that which is established by the IRS. Effective January 1, 2005, the minimum allowance for mileage shall increase from three dollars ($3.00) a day to four dollars ($4.00) a day. Toll charges will be reimbursed if supported by appropriate receipts. 3.17 Hourly Pay Rate: A full-time Librarian's hourly pay rate will be computed by dividing his annual salary by 2,080. 3.18 Call-In Pay Rate: Whenever a full-time or regular part-time 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 Library 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) Full-time Librarians will be paid on the basis of a ten (10) day pay period. A full-time 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 full-time 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 full-time Librarian who has the least number of overtime hours to his credit during the then current three (3) month period. If this full-time Librarian does not accept the assignment, the full-time 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 full-time 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 (full-time 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 full-time 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 full-time 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 proceeding 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 cash payment as described above. Supplemental Employment Full-time or regular part-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. Section 3.3 - Benefits 3.31 Health and Dental Insurance: The Library shall
provide health insurance for each full-time and regular part-time Librarian and
full-time Librarian Trainee covered under this Agreement in accordance with the
type coverage (single or family) desired by the full-time Librarian, regular
part-time Librarian or full-time Librarian Trainee.
(b) Full-time and regular part-time Librarians and full-time Librarian Trainees shall have a single health care provider and a choice among three (3) insurance products: the Enhanced Plan, the Core Plan or the Value Plan
Insurance Waiver Program 1. No Risk Feature - Full-time and regular part-time Librarians and full-time Librarian Trainees do not have to wait for the annual enrollment period to reenter in the Library's paid coverage. With written notification, full-time and regular part-time Librarians and full-time Librarian Trainees can be readmitted in the following month. 2. Payments - Full-time and regular part-time Librarians and full-time Librarian Trainees waiving family coverage will receive $100 per month ($50.00 over 24 pay periods). Full-time and regular part-time Librarians and full-time Librarian Trainees waiving single coverage will receive $67 per month ($33.50 over 24 pay periods). 3. Continued Dental Insurance - Full-time and regular part-time Librarians and full-time Librarian Trainees may continue dental insurance by paying the monthly premium. This will be deducted from the full-time or regular part-time Librarian's or full-time Librarian Trainee's bi-weekly pay. 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 full-time or regular part-time Librarian or full-time Librarian Trainee and a release of liability for both the Library and the Association from any claims arising from such waiver. (l) Dental Coverage: The Library shall provide the GHI Preferred Dental with 100% orthodonture and 100% prosthetics coverage for each full-time and regular part-time Librarian and full-time Librarian Trainee 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 full-time or regular part-time Librarian or full-time Librarian Trainee through a bi-weekly payroll deduction. Full-time and
regular part-time Librarians who retire from the Library with ten (10)
years of Library service shall be eligible for the following:
(i) Full-time and regular part-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. (ii) Full-time and regular part-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. (iii) Full-time and regular part-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.
(i) Pre-65 Retirees: The employer shall pay one hundred percent (100%) of the monthly premium for the single, double, or family rate for the Core plan of full-time and regular part-time Librarians who retire from the County (Library) until age 65. The employer shall pay one hundred percent (100% of the monthly premium family rate for the Core Plan for families of eligible full-time and regular part-time Librarians who retire from County (Library) service until age 65, upon written proof of family status. Employees may also choose Option "D". Retirees who do so shall pay the difference in the cost between the Core Plan and the Option "D" premium. (ii) Post-65 Retirees: Future retirees and their eligible spouses shall be required to select the designated Medicare Wraparound product that includes prescription drug coverage and basic out-of-network benefits, at age 64. Any future retiree and his eligible spouse who is under the age 65 will be provided with a single Core Plan for the non-age 65 member. An age 65 or older retiree and his eligible spouse age 65 or older may choose from Option A, B, or C as referenced on the attached matrix. Both members must select the same option and the employer will pay one hundred percent (100%) of the monthly premium for the single or double rate for Option A, B, or C. In addition, an age 65 or older retiree who chooses Option D shall pay the difference in the cost between the highest premium of Option A, B, or C, and the Option D premium. Health care coverage will be provided for the lifetime of the retiree. The County (Library) shall provide one hundred percent (100%) of the Core Plan monthly premium for single, double or family coverage. Family or double coverage will be provided upon written documentation. The insurance products
offered in this Agreement are contained in APPENDIX G, which is incorporated
herein by reference. No component, item or details of the products shall
be changed or modified in any way without the approval of the labor-management
health insurance panel, the format of which is to be determined by mutual
agreement. The Librarians Association shall be a member of such panel.
3.32 Vacations and Compensatory Time: (a) Vacation credits will accrue and be available for use on a bi-weekly pay period basis for full-time Librarians 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 full-time Librarian shall have his vacation entitlement determined based on years starting with the day he started his employment with the Library. Full-time Librarian vacation credits will be granted by pay period in accordance with the following schedule:
For regular part-time Librarian vacation accruals: see Section 3.40 (b) The foregoing does not include the three (3) days summer compensatory time, which full-time Librarians will continue to receive. For regular part-time summer compensatory time accruals: see Section 3.40 (c) The vacation schedule for each full-time or regular part-time Librarian will be arranged by his Department Head, Contracting Library Director, Administrator or designee. A full-time or regular part-time 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 full-time or regular part-time Librarian may place up to a maximum of thirty (30) earned days in a vacation bank. See example below: Full-time Librarian Vacation Bank Maximum Days Earning Rate 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 full-time or regular part-time 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. 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 full-time or regular part-time Librarian works.
Upon
termination of a full-time or regular part-time 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.
3.33 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 date of each holiday's observance shall be determined by Erie County's official list of holiday observances in conjunction with each Library's operations calendar. (c) Holiday compensation will be determined based on the computation of hours worked within a 10-day (80-hour) pay period as follows: (i) A full-time Librarian who takes the holiday on the day it is observed and who works (or is otherwise compensated by the use of accrued time) nine (9) days within the pay period, receives 80 hours of pay. A full-time Librarian
who works (or is otherwise compensated by the use of accrued time) ten (10) days
within the pay period, but not on the day that the holiday is observed,
receives 80 hours of pay and eight (8) hours of compensatory time.
(iii) A full-time Librarian who works (or is otherwise compensated by the use of accrued time) ten (10) days in the pay period, including on the day observed as a holiday, receives 80 hours of pay plus twelve (12) hours of compensatory time. (d) Holiday compensation for a regular part-time Librarian shall be determined based on the following: (i) A regular part-time Librarian, hired prior to January 1, 1998, who works on the day the holiday is observed, shall be paid for the actual number of hours worked. Additionally, he shall receive compensatory time on a prorated basis. For example: (a) A regular part-time Librarian, hired prior to January 1, 1998 works an average of 32 hours per week or 80% of the 40-hour work week of a full-time Librarian. He would receive compensatory time of 9.6 hours, that amount being 80% of the 12 hours of compensatory time earned by the full-time Librarian who works on the day the holiday is observed. (ii) A regular part-time Librarian, hired prior to January 1, 1998, who takes the holiday on the day it is observed, receives prorated pay for the holiday based on the number of hours he is required to work per pay period compared with a full-time Librarian. For example: (a) A regular part-time Librarian, hired prior to January 1, 1998, works an average of 32 hours per week or 80% of the 40-hour work week of a full-time Librarian. He would be paid for 6.4 hours, that being 80% of the 8 hours of holiday pay received by the full-time librarian. (iii) A regular part-time Librarian hired after January 1, 1998, who works on the day holiday is observed, shall be paid for the actual number of hours worked on the holiday. Additionally, he shall receive compensatory time, that amount being 50% of the benefit provided to a full-time Librarian. For example: (a) A regular part-time Librarian hired after January 1, 1998, works on the day the holiday is observed. He shall be paid for all actual hours worked. Additionally, he shall receive 6 hours of compensatory time, that amount being 50% of the 12 hours of compensatory time earned by the full-time Librarian who works on the day the holiday is observed. (iv) A regular part-time Librarian, hired after January 1, 1998, who takes the holiday on the day it is observed, shall receive 4 hours of pay for the holiday, that amount being 50% of the 8 hours of holiday pay earned by the full-time Librarian. 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 must use any combination of paid sick leave, vacation, compensatory, personal or unpaid leave as permitted by the Act. 3.35 Sick Leave: (a) Sick Leave with pay will be granted to a full-time or regular part-time Librarian who is incapacitated or unable to perform the duties of his position by reason of: (i) Sickness or injury of the full-time or regular part-time Librarian. (ii) Pregnancy of the full-time or regular part-time Librarian. (iii) Sickness or injury or pregnancy in the full-time or regular part-time 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 full-time or regular part-time Librarian be made during working hours. Medical and dental
visits for members of the full-time or regular part-time 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 for full-time Librarians 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 full-time Librarian shall have been on full pay status at least fifty percent of the working days of said month. For regular part-time Librarian sick leave accruals: see Section 3.40 (c) (i) A full-time or regular part-time 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) A full-time or regular part-time Librarian 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 full-time or regular part-time Librarian from working for a minimum of forty (40) consecutive work days; (2) The full-time or regular part-time Librarian must submit a medical report indicating a reasonable expectation that the full-time or regular part-time 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 full-time or regular part-time Librarian shall report the same to his Department Head, Contracting Library Director, Administrator or designee 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 at the discretion of the Department Head, Contracting Library Director, Administrator or designee. In case of failure to report within the stated time limit, unless for reasons satisfactory to the Department Head, Contracting Library Director, Administrator or designee, 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 full-time or regular part-time 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 full-time or regular part-time 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 full-time or regular part-time 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 full-time or regular part-time Librarian can obtain from the Library upon request a record of his accumulated sick leave credits. When a full-time or regular part-time 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 full-time or regular part-time Librarian is entitled to sick leave (Section 3.35) or bereavement leave (Section 3.37), must be members of the full-time or regular part-time Librarian's immediate household for at least one (1) year before a full-time or regular part-time Librarian is entitled to such leave. In addition, prior to the time such leave is requested, the full-time or regular part-time 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 full-time or regular part-time Librarian works. (j) There will be a $300.00 bonus for any full-time or regular part-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: 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. For regular part-time Librarian personal leave accruals:
see Section 3.40
Application for personal
leave shall be filed by the full-time or regular part-time Librarian on the
prescribed form with his Department Head, Contracting Library Director or
designee. If approved, the application shall be submitted to the Human
Resources Director to confirm that the full-time Librarian or regular part-time
Librarian has unused personal leave days available to him. For a contract
library full-time Librarian or regular part-time Librarians, the Contracting
Library Director or designee shall confirm that the full-time Librarian or
regular part-time Librarian has unused personal leave days available to him.
(c) A full-time or regular part-time 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, Administrator, Contracting Library Director or designee agrees to waive the requirement. Five (5) days' notice will be required if a full-time Librarian wishes to take all four (4) days consecutively. (d) When a resigned full-time or regular part-time 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. (e) In case of transfer, unused personal leave shall be transferred with the full-time or regular part-time Librarian and he shall receive credit in the department to which he is transferred. (f) Unused personal leave shall be added to a full-time or regular part-time 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). (g) 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 full-time or regular part-time Librarian works. 3.37 Bereavement Leave: A full-time or regular part-time 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 full-time or regular part-time Librarian'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 full-time or regular part-time Librarian 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 full-time or regular part-time 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 full-time or regular part-time 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. 3.39 Other Leaves of Absence: (a) Jury Duty (i) Upon presenting proof of the necessity of jury service or attending court for non-personal matters, full-time and regular part-time Librarians shall receive a paid leave of absence. Full-time and regular part-time Librarians must indicate on the court's questionnaire that they are placed on a paid leave of absence during the jury service period. (ii) Full-time and regular part-time Librarians will not be required to report for work prior to or subsequent to their court attendance/jury duty. (iii) Regular part-time Librarians shall be paid on a pro-rated basis. (iv) Pursuant to New York State Judiciary Law Sections 519 and 521, a part-time Librarian or part-time Librarian Trainee, upon presenting proof of the necessity of jury service or attending court for non-personal matters, may be eligible to receive $40.00 per day for each of the first three (3) days of jury service. (a) To be eligible for the $40.00 payment, the part-time Librarian or part-time Librarian Trainee must have been scheduled to work on a jury service day, and due to the jury service, was unable to report for his work assignment. If the part-time Librarian or part-time Librarian Trainee was not scheduled to work that day, the employee is not eligible for the $40.00 payment. Part-time Librarians or part-time Librarian Trainees may not be rescheduled to avoid this $40.00 payment. (b) If the part-time Librarian or part-time Librarian Trainee would have earned less than $40.00 on a scheduled work day on which the part-time Librarian or part-time Librarian Trainee performed jury service, the employee is paid only what he would have been paid in wages. For example, if the part-time Librarian Trainee would have worked two and ½ hours (2 ½) hours at $14.12 per hour, the part-time Librarian Trainee is paid $35.30, not $40.00. (v) This payment applies to trial jurors and grand jurors in each Court of the New York State Unified Court System, except town and village courts. This payment does not apply to the Federal Court System. (b) Civil Service Examinations - Permanent full-time and regular part-time Librarians shall be allowed time off with pay to take promotional and open competitive County Civil Service examinations. Provisional full and regular part-time 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 full-time or regular part-time Librarian or Librarian Trainee is necessarily absent from work as a result of a physical injury to his person caused by 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. (d) Leave Without Pay: (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
full-time or regular part-time Librarian, on prescribed form, with his
Department Head, Contracting Library Director or designee. 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 full-time or regular part-time 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, contracting Library Director or designee 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) Military Leave: Leaves of absence occasioned by service in the military shall be governed by the requirements of current Federal and New York State laws. (iv)
Veteran's Education: Any full-time or regular part-time 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, Contracting Library Director, Administrator or designee permanent full-time or regular part-time 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 full-time or regular part-time Librarian in his position. (vi) Political Leave: Upon request, a full-time or regular part-time Librarian shall be granted a political leave in accordance with the following provisions: Upon thirty (30)
calendar days' notice, a full-time or regular part-time 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.
A full-time or
regular part-time 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.
At the conclusion of any
political leave, the full-time or
regular part-time 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 female full-time or
regular part-time Librarian
whose
pregnancy disability has terminated for a period of up to
six (6) months
thereafter; or
A full-time or regular
part-time 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 a full-time or regular part-time 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
A male full-time or
regular part-time 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
full-time or regular part-time Librarian will submit, when feasible, thirty (30)
days notice of his intent to take paternity leave. In the event either
full-time or regular part-time Librarians (parents) are employed by the Library,
the Library is not compelled to grant a six (6) month leave.
(viii) Family Care: A full-time or regular part-time 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 full-time or regular part-time 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, Contracting Library Director, Administrator or designee, only in unusual circumstances, which in the judgment of the Department Head, Contracting Library Director, Administrator or designee justifies the granting of such leave. Requests for such leave and the recommendation of the Department Head, Contracting Library Director, Administrator or designee shall be submitted to the Library, and the granting of such leave shall be subject to the approval of the Department Head, Contracting Library Director, Administrator or designee. (e) Transfers: A full-time or regular part-time 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 Regular Part-Time Librarians: (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. 3.41 Part-Time Librarians and Part-Time Librarian Trainees (a) Part-time Librarians and part-time Librarian Trainees shall not be entitled to the benefits provided by any of the articles in this agreement except that part-time Librarians and part-time Librarian Trainees who complete two (2) years of employment following January 1, 2001 shall be covered by Article 6 of this Agreement. (b) 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. Part-time Librarian Trainees who were employed on July 19, 2001 will be compensated at their current step in Job Group 7. 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. (c) 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. Part-time Librarian Trainees hired after July 19, 2001 will be compensated at the entry level step for Job Group 7. At the completion of 2,000 hours they will move to the nex |
