Document cortlandcountyny_gov_doc_c67e08160f

AGREEMENT BETWEEN NEW YORK STATE NURSES ASSOCIATION And THE COUNTY OF CORTLAND July 1, 2022 – December 31, 2026 ---PAGE BREAK--- TABLE OF CONTENTS 1. AGREEMENT SCOPE 1 2. ASSOCIATION 1 2.01 Recognition 1 2.02 Association Membership 1 2.03 Association Dues Deduction 1 2.04 Association Business: Local Representative 2 2.05 Association Business: General Representative 2 2.06 Association Business: Bulletin Board 2 3. EMPLOYEE STATUS 2 3.01 Qualifications 2 3.02 Classification: General 2 3.03 Classification: Regular Employee 2 3.04 Classification: Part-time Employee 2 3.05 Classification: Per Diem Employee 3 3.06 Probationary Period 3 3.07 Post-Probationary Period 3 3.08 Reassignment/Transfer of Position 3 3.09 Seniority: Definition and Types 4 3.10 Seniority: Acquisition/Accrual/Retention 4 3.11 Seniority: Loss 5 3.12 Seniority: Application 5 3.13 Seniority: Lists 5 3.14 Seniority: Bidding and Posting 5 3.15 Personnel Records 6 3.16 Re-hire 6 3.17 Orientation 6 4. WORK TIME 7 4.01 Normal Workday 7 4.02 Normal Workweek 7 4.03 Work Obligation: Employee 7 4.04 Layoff and Recall 7 4.05 Establishing Variation in Normal Workday/Workweek 8 5. MONETARY BENEFITS: COMPENSATION FOR TIME WORKED 9 5.01 Regular Compensation Rate 9 5.02 Regular Compensation Rate: Overtime Work 9 5.03 Regular Compensation Rate: Saturday, Sunday and Holiday Work 9 5.04 Regular Compensation Rate: Limitations 10 5.05 Pay Period 10 5.06 Shift Differential 10 6. MONETARY BENEFITS: COMPENSATION FOR TIME NOT WORKED 10 6.01 Holidays: Designation 10 6.02 Holidays: Compensation 11 6.03 Vacations: Amount 12 6.04 Vacations: Pay 13 6.05 Vacations: Scheduling 13 6.06 Sick Leave: Amount 13 6.07 Bereavement Leave: Amount 14 6.08 Leave for Death in Family: Procedure 14 6.09 Personal Leave 14 6.10 Personal Leave: Procedure 15 6.11 Military Leave, Jury Duty or Civil Proceeding Testimony 15 6.12 Meeting Attendance 16 6.13 Rest Periods 16 6.14 Leave Donation/Emergency Pool 16 7. MONETARY BENEFITS: INSURANCE 17 7.01 Statutory Insurance 17 ---PAGE BREAK--- 7.02 Health/Dental/Vision Insurance 17 7.03 Professional Liability Insurance 19 7.04 Retirement 20 7.05 New York State Nurses Association Disability Income Protection Plan 20 7.06 Workers’ Compensation 20 8. MONETARY BENEFITS: MISCELLANEOUS 21 8.01 Experience and Education Differential: Entitlement and Amount 21 8.02 Tuition Refund: Entitlement and Amount 21 8.03 Transportation Allowance 22 8.04 Uniform Allowance 22 8.05 Closing of the Worksite(s) 23 8.06 Terminal Benefits 24 9. UNPAID TIME OFF 24 9.01 Meal Period 24 9.02 Leave of Absence: Entitlement, Amount and Procedure 24 10. HEALTH AND SAFETY 25 10.01 Employer Obligation 25 10.02 Employee Obligation 26 10.03 Health Examination 26 10.04 Latex Allergy Prevention 26 10.05 Workplace Violence 26 11. BUSINESS OR EMPLOYMENT INTERRUPTION 26 12. STAFF DEVELOPMENT 27 12.01 Staff Development Committee 27 12.02 Notice to Employees 27 12.03 Labor/Management Committee 27 12.04 Committee on Nursing Practice 27 12.05 Safety Committee 27 13. GRIEVANCE ADJUSTMENT 28 13.01 Purpose 28 13.02 Definitions 28 13.03 Procedure: Level I 28 13.04 Level II 29 13.05 Level III 29 13.06 Level IV 29 13.07 Level of Resolution 29 14. MISCELLANY 30 14.01 Definitions 30 14.02 Non-Discrimination 30 14.03 Meetings 30 14.04 Meeting Facilities 30 14.05 Agreement Construction 31 14.06 Notices 31 14.07 Separability 31 14.08 Agreement: Printing 31 15. MANAGEMENT RIGHTS 31 16. AMENDMENT 31 17. CONTINUATION OF BENEFITS 31 18. WAGES 32 19. EFFECTIVE DATE AND DURATION 32 EXECUTION 32 APPENDIX A – REGULAR COMPENSATION RATE 33 APPENDIX B – LONGEVITY SCHEDULES 37 SIDE LETTER – IMPAIRED PROFESSIONALS 38 SIDE LETTER – ON-CALL MANAGEMENT CONTACT METHOD 39 ---PAGE BREAK--- MEMORANDUM OF AGREEMENT – INDIVIDUAL OVERTIME AGREEMENT 41 Index 42 ---PAGE BREAK--- 1 AGREEMENT between The County of Cortland (herein "Employer") and The New York State Nurses Association (herein "Association"). Employer and Association recognize their common interests beyond their collective negotiations relationship. They pledge to strive together to insure the highest quality of service by Employer and the highest standards of professional nursing care to the public both serve. 1. AGREEMENT SCOPE This Agreement covers each full-time (herein "regular") and part-time (herein "part- time") and per diem (herein "per diem") employee licensed or otherwise lawfully authorized to practice as a registered professional nurse (herein "employee") employed by Employer to perform registered professional nursing in nursing service, nursing education or nursing administration, excluding the Public Health Director and Deputy Public Health Director and Director of Community Mental Health Services. 2. ASSOCIATION STATUS 2.01 Recognition Employer recognizes Association as exclusive collective negotiating representative of every employee covered by this Agreement for the maximum period allowed under the law. 2.02 Association Membership Employer will make available to every employee such material concerning Association membership as Association may supply. The Employer will provide the Association and the local chairperson with the names and addresses of all new employees within fourteen (14) days of their date of hire. Association representatives shall not exceed one hour allotted to discuss Association business during the first thirty (30) days of employment at a mutually agreeable time. 2.03 Association Dues Deduction Employer will, for each employee who, by written and signed direction, so authorizes it, deduct from the wages biweekly due such employee in any month the regular dues fixed by Association for such month. Employer will, not later than the tenth (10th) day of the following month, remit dues deducted for the preceding month to the Association. Each such authorization will continue in force and effect until revoked: in writing by the employee who signed it or by termination of such employee's employment. Layoff and leave of absence do not constitute termination of employment for the purpose of terminating the Employer's obligation to continue to deduct dues upon the employee's return to work. The Employer shall have no responsibility to deduct or collect dues from employees who are on layoff, leave of absence or leave without pay. The Association shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise by reason of action taken or not taken by the Employer for the purpose of complying with any of the paragraphs of this Article. The Association, upon written notice to the Employer, shall have the right to audit the Employer’s dues collection process including the necessary payroll records and dues deductions. The Association shall bear the full cost of such audit. The ---PAGE BREAK--- 2 results of such audit shall be shared with the Employer and any discrepancies shall be rectified by the Employer within thirty (30) days of said notification. 2.04 Association Business: Local Representative Association will designate two employees as its local representatives and authorize these employees to deal with Employer about employment conditions and adjustments of problems arising under this Agreement. Association will notify Employer in writing of these representatives' designation and authority and any change in either. Parties agree that only one representative will present the grievance. The parties mutually agree that the time the representative of the Association spends away from his/her job duties shall be devoted to the prompt handling of grievances. The local representative further shall provide advance notification to his/her immediate supervisor before performing Association business. 2.05 Association Business: General Representative A duly authorized general representative of Association may visit Employer's premises, by prearrangement with the Employer, at any reasonable time to discharge Association's duties as collective negotiating representative. 2.06 Association Business: Bulletin Board Employer will provide Association with, and suitably locate, bulletin board space on which to post official Association notices and notices required by law. The bulletin board space will at all times carry a label, device or notice clearly identifying it as Association's space (for use) and disclaiming Employer responsibility for any matters posted on it. The signature (or facsimile signature) of a duly authorized Association representative will be affixed to every Association notice posted in this space. Association may also post such other matter as Employer may expressly and specifically approve; and Association will attach to any such matter appropriate identification of the person posting it. 3. EMPLOYEE STATUS 3.01 Qualifications Each employee must be licensed or otherwise lawfully authorized to practice as a registered professional nurse in New York under New York law. Employer will, as soon as practicable, check and record the registration of each employee, will check and record the registration of each new employee at the time of employment, and will check and record the registration of every employee biennially. 3.02 Classification: General An employee will be classified as either regular, part-time, or per diem. 3.03 Classification: Regular Employee For purposes of this Agreement, a regular employee is a permanent employee covered by this Agreement who is employed on a regular (year-round) basis to work a full workweek. A regular employee will receive full fringe benefits. 3.04 Classification: Part-time Employee For the purposes of this Agreement, a part-time employee is a permanent employee covered by this Agreement who is employed on a regular (year-round) ---PAGE BREAK--- 3 basis to work less than a full pay period, but at least one-half (1/2) a full pay period. A part-time employee will receive "proportionate benefits" as defined in Article 14.01 Definitions "proportionate benefit" excluding Article 7.02 Health/Dental Insurance, Article 7.03 Professional Liability Insurance, Article 8.02 Tuition Refund: Entitlement and Amount and Article 8.04 Uniform Allowance. 3.05 Classification: Per Diem Employee For purposes of this Agreement, a per diem employee is an employee covered by this Agreement other than a regular or part-time employee. Except as stated elsewhere in this Agreement, a per diem employee will receive no fringe benefits other than those mandated by law. 3.06 Probationary Period Probationary period for competitive and non-competitive class employees shall be pursuant to New York Civil Service Law and Cortland County Civil Service Rules. The minimum probationary period for non-competitive class employees will be until the employee has actually been employed and worked eight weeks. The maximum probationary period is fifty-two (52) weeks; however, once the employee has worked eight months his/her probationary period may only be extended by the additional four months by mutual agreement by the Association and the Employer. During the minimum probationary period (the first eight weeks of employment) for both competitive and non-competitive class employees, discharge and discipline must be in accordance with Section 75 of the Civil Service Law. During the remainder of the employee’s probation, he/she will be subject to demotion, suspension, other discipline or discharge at the Employer’s sole discretion, but will otherwise be covered by this Agreement. Employees may bid for reassignment (as defined in Article 14.01 Definitions) while in their probationary period only if their probationary period ends prior to the date the new position is to be filled. Employees may bid on an open competitive position at any time during their employment. 3.07 Post-Probationary Period Except as stated in Article 3.06 Probationary Period, a competitive or non- competitive class employee will be demoted, suspended, otherwise disciplined or discharged only for just cause, and Employer will notify Association in writing of each such action and the reason for it. The provisions of Article 13 Grievance Adjustment shall be the sole and exclusive procedure for the review of disciplinary action against any member of the bargaining unit, and it shall be deemed that each member of this bargaining unit has waived any and all rights that (s)he may have pursuant to disciplinary proceedings under Sections 75, 76 & 77 of New York State Civil Service Law. 3.08 Reassignment/Transfer of Position Employees who are reassigned in accordance with Cortland County Civil Service Rule I from one position to another within or under the jurisdiction of the Cortland County Health Department may have their previous position held, as staffing ---PAGE BREAK--- 4 permits, for a mutually agreed upon time, determined at the original date of reassignment and agreed to in writing. During the time the employee’s previous position is being held, the employee may return to his/her previous position if not satisfied with his/her new position. During the time the employee’s previous position is being held, if the Employer determines the employee can not satisfactorily perform the duties of the new position the Employer will notify the NYSNA general representative in writing and the employee will be allowed to return to his/her previous position. A transfer means the change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a similar position under the jurisdiction of another appointing authority. Probation and the incumbent’s rights to the permanent position will be in accordance with Cortland County Civil Service Rule XIV for interdepartmental transfers. 3.09 Seniority: Definition and Types There will be three types of seniority: County Seniority, Date of hire, and Bargaining Unit Seniority. County Seniority means length of continuous employment by the Employer. Date of hire will be the first date of continuous employment in a position covered by this Agreement. Bargaining Unit Seniority will be based on employment in a position covered by this Agreement. There will be two basic types of bargaining unit seniority: Type regular/part-time for a regular or part-time employee listed as paid hours and Type per diem, for a per diem employee listed as date of hire. A per diem employee who previously held a regular or part-time position will have both of above types of bargaining unit seniority listed. 3.10 Seniority: Acquisition/Accrual/Retention An employee will acquire seniority after completing the probationary period, and such seniority will then date from the beginning of employment. An employee whose employment has not been terminated by resignation or discharge or for cause as stated in Article 3.07 Post-Probationary Period will accrue seniority continuously, however, an employee on leave of absence will retain but not accrue seniority while on unpaid leave of absence equal to or in excess of the employee’s normal workday. County Seniority will be based on the first date of employment by the County excluding employees working less than half-time in another bargaining unit and per diem employees covered by this Agreement. Date of hire will be the first date of continuous employment in a position covered by this Agreement. Bargaining unit seniority for a regular or part-time employee will be based on paid hours, exclusive of overtime (premium rate) and on-call hours, up to a maximum of one thousand nine hundred fifty (1950) hours per calendar year. The Bargaining unit seniority for a per diem employee will be his/her date of hire in a position covered by the bargaining unit. A per diem employee will not accrue seniority towards regular/part-time seniority while in per diem status, however, he/she will retain regular/part-time seniority previously earned. For employees with the same seniority, seniority order will be based on the first initial of their first name, being most senior in alphabetical order. ---PAGE BREAK--- 5 3.11 Seniority: Loss An employee will lose seniority by resignation or discharge or for any reason stated in Article 3.07 Post-Probationary Period. 3.12 Seniority: Application To the extent permitted by law, bargaining unit seniority will apply to: layoff and recall, vacation time selection, compensatory time off scheduling, and promotion/transfer, subject to meeting the minimum Civil Service qualifications, exam if applicable, and demonstrated knowledge and ability in the duties and responsibilities in the applied for position as defined in Article 3.14. Employees covered by Type bargaining unit seniority as defined in Article 3.09 Seniority: Definition and Types will be considered before employees with Type seniority. In vacation time selection, seniority will be subject to Employer’s operating requirements. Date of Hire Seniority into the bargaining unit will apply to regular compensation rates. County Seniority will apply to: vacation amount and longevity. 3.13 Seniority: Lists Employer will on execution of this Agreement and every six months thereafter, and on subsequent request by Association, post and furnish to Association and local chairperson, in a timely manner, seniority lists and will correct such lists from time to time as may be necessary. The posted list will conclusively establish an employee's seniority unless the employee protests it, in writing, within thirty (30) days from the time it is posted or, if the employee is on leave of absence or vacation, or otherwise unable to so protest it, may do so within thirty (30) days after the employee returns from such leave or vacation or such disability is removed. Clerical errors may be corrected by the Employer and such action or error will not act as granting rights to an employee that the employee would not otherwise have by actual employment record. 3.14 Seniority: Bidding and Posting A. For the purposes of this Article, a vacancy shall be defined as a newly created and/or permanent, regular position in the competitive, non-competitive class approved for hiring on a permanent basis. It is an employee’s responsibility to apply for a vacancy by completing an application and/or application for reassignment. B. Vacancies in the competitive class shall be filled pursuant to Civil Service Laws and Rules. Notice of each competitive job vacancy for which no mandated eligible list exists will be posted on the Association and Personnel bulletin boards for a period of not less than five working days. Approved applications will be rated and candidates receiving a passing score will be added to the appropriate eligible list. A certification of eligibles will be forwarded to the Department Head or designee for consideration. Applications for reassignment from current employees received before the close of business on the fifth (5th) working day will be given first consideration. The Public Health Director may select from either the list of eligibles or the applications for reassignment. ---PAGE BREAK--- 6 C. Vacancies in the non-competitive class will be posted on the Association and Personnel bulletin boards for a period not less than five working days. Applications for reassignment will be forwarded to the Department Head or designee. Applications for reassignment from current employees received before the close of business on the fifth (5th) working day will be given first consideration. Eligibility for appointment shall be determined by an applicant’s meeting the minimum qualifications for the job, which shall include his/her aptitude and knowledge. Where ability and qualifications to perform the required work, among employees, is relatively equal, seniority will be the determining factor. In the event the vacancy in the non-competitive class is not filled by a current employee through reassignment, the vacancy will be posted in Personnel and continue to be posted until the position is filled. 3.15 Personnel Records The official personnel file of an employee shall be maintained in the Office of Personnel/Civil Service. The employee shall have the right, upon reasonable notice, to review his/her personnel file and to respond in writing to anything the employee deems to be adverse and which he/she believes has been unjustly presented. Any derogatory or disciplinary document placed in an employee's folder must be entered within fifteen (15) working days of Employer becoming aware of the incident in question. An employee shall be notified in writing at the last known address in the Employer’s personnel files, postmarked or hand delivered within three working days of any derogatory or disciplinary entry into his/her file and will be shown and provided with a copy of the document and the employee may respond in writing to such entry within five working days of receipt of the document unless circumstances prevent the employee from doing so. The response shall be placed in the employee's personnel file. After two years, memoranda memorializing oral reprimands, written reprimands, and derogatory statements will be removed from the employee's personnel file along with the employee's response to the memoranda, if any, and destroyed. 3.16 Re-hire An employee who resigns his/her position and is rehired within one year of that resignation date shall be rehired at the same salary grade level with the same amount of vacation and longevity time credit, shall have accrued sick time reinstated, and if rehired in the same or previously held permanent position title, the probationary period shall be waived if the probationary period was previously completed. 3.17 Orientation 1. New, reinstated or reassigned employees will be provided with an orientation program. The length of the orientation program for a new, reinstated or reassigned employee will be at least ten (10) days worked, to a maximum of forty (40) days worked. The length of the orientation program for a rehired employee (as defined in Section 3.16 Re-hire of the current Collective ---PAGE BREAK--- 7 Bargaining Agreement) will be determined by the Department Head according to the experience and expertise of the nurse, but shall be a minimum of three days worked to a maximum of ten (10) days worked. 2. Upon mutual agreement between the Association and Cortland County, an orientation program may be extended by a maximum of ten (10) days worked. 3. Observation and oversight of the orienting nurse in the performance of assigned duties prior to the completion of the orientation evaluation will be under the direction of the division head and/or the designated supervisory position(s). 4. Continued evaluation of the orientation process will be conducted through the Labor/ Management forum. 4. WORK TIME 4.01 Normal Workday For the purpose of determining application of an employee's regular compensation rate, the normal workday for employees hired prior to July 1, 1985 will be seven and one-half (7-1/2) consecutive hours, 8:00 a.m. to 4:00 p.m., excluding any meal period. The normal workday for new employees hired to fill positions on or after July 1, 1985 will be determined by management at the date of hire. Management will have the right to schedule changes in the normal workday of such new employees in areas that merit experimentation based on community health needs. Each such new employee shall receive upon hire a letter of appointment which shall include the language of this Article. Upon hire these employees shall be expected to read and sign an acknowledgement of this language. The County shall give the employee a copy of the letter of appointment and shall retain the original for its records. 4.02 Normal Workweek For the purposes of determining application of an employee's regular compensation rate, the employee's normal workweek will be thirty-seven and one-half (37-1/2) hours worked in five workdays (Monday through Friday), and two days off in each workweek. 4.03 Work Obligation: Employee Each employee will work the hours assigned in the employee's normal workday and workweek and such additional hours as Employer may reasonably request. The workday may, in certain instances, be between the hours of 7 a.m. and 6 p.m. if in the professional judgment of the employee and division head/designee a change in the workday scheduling would more appropriately meet the specific needs of that/those client/clients. Such change is subject to the approval of the Department Head or designee. In the clinic setting, the work day may be between the hours of 7:00 a.m. and 8:00 p.m. to meet the needs of evening clinic. 4.04 Layoff and Recall The Employer agrees to meet with the Association to discuss pending layoffs. However, this Article shall in no way be interpreted as limiting the Employer’s ---PAGE BREAK--- 8 right to unilaterally determine the number and types of positions to be eliminated. The Employer will provide the Association with a list of employees to be laid off and a current seniority list. The purpose of such meetings shall be to discuss individuals to be laid off as the result of a cut back in positions. Layoff and recall of competitive class employees shall be pursuant to the New York State Civil Service Law Section 80 and Cortland County Civil Service Rule Article XXV. The following shall apply to layoff and recall of non-competitive class employees: Layoff will occur in the following order: 1st Per diem employees shall be laid off first. 2nd Probationary employees shall be laid off without regard to their individual period of employment. 3rd Permanent employees shall be laid off in ascending order of their bargaining unit seniority. Recall of employees shall be in accordance with their bargaining unit seniority in the reverse order in which they were laid off. A layoff may be for any number of days or weeks, or may be indefinite. The Employer will give any employee at least fourteen (14) calendar days' notice of any layoff or pay compensation equivalent to scheduled time lost during such fourteen (14) calendar day period, to the extent the notice is deficient. Notification of layoff or recall shall be sent to the employee by registered mail, return receipt requested, to the employee’s last known address in the Employer’s personnel file. Employees will have three workdays from the date of delivery of a recall notice to inform the Employer of his/her intentions to accept the recall or refuse the recall. An employee who chooses to accept the recall will have at least ten (10) workdays from the date he/she received notice to return to work. If the employee refuses the offer of recall or if he/she does not inform the Employer within three workdays from the date of delivery of the recall notice of his/her intentions, the employee’s recall rights and privileges shall terminate. 4.05 Establishing Variation in Normal Workday/Workweek In the event the Employer or the Association finds the need to establish such variations outside the normal workday and/or normal workweek, to meet the needs of patients or employees, the Employer and the Association agree to meet and negotiate such variations. Establishment of such a variation will be subject to the mutual agreement of the Association and the Employer. Nurses who begin their work day in the field are allowed travel time to the first visit if it is farther than travel to work at the County Office Building (COB). If the nurse usually travels a shorter period of time between home and the COB than between home and the first visit, the difference in these two times is considered time worked. If the time to travel between home and the COB is equal to or less than travel between home and the first visit, the nurse’s day starts at the time of arrival at the first visit. ---PAGE BREAK--- 9 5. MONETARY BENEFITS: COMPENSATION FOR TIME WORKED 5.01 Regular Compensation Rate An employee's regular compensation rate, as stated in Appendix A of this Agreement, will apply to the employee's normal workday and workweek. The regular compensation rate for an employee eligible to receive the shift differential provided for in Article 5.06 Shift Differential shall be the employee's rate in Appendix A plus the shift differential. 5.02 Regular Compensation Rate: Overtime Work An employee's compensation rate for work exceeding seven and one-half (7½ ) hours on a workday or thirty-seven and one-half (37½ ) hours in a workweek, as noted in Article 4.02 Normal Workweek, will be one and one-half (1½ ) times the employee's regular compensation rate. The employee will be given compensatory time off at time and one-half (1½) for hours worked in excess of the employee's normal workday or workweek or paid at time and one-half (1½). Compensation at the rate of time and one-half (1½) for work exceeding seven and one-half (7½) hours on a workday will not apply for extended workdays due to non-mandatory education programs/trainings. An employee may not accrue more than thirty-seven and one-half (37½) hours of compensatory time at any given time. Any compensatory time earned in one calendar year, and not utilized, will be paid to the employee in the first pay-period of the following calendar year. In the event of program reassignment, accrued compensatory time will be discussed and mutually agreed upon prior to reassignment. 5.03 Regular Compensation Rate: Saturday, Sunday and Holiday Work A regular or part-time employee's compensation rate for work on any Saturday, Sunday, or holiday (except Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's) will be one and one-half (1½) times the employee's regular compensation rate or be granted compensatory time off at the overtime rate. Nurses assigned to Saturday, Sunday, or holiday duty (except Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's) shall be compensated at one and one-half (1½) times the employee's regular compensation rate for actual time worked. The compensation rate for work on Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's shall be two times the employee's regular compensation rate. When volunteering to work outside the employee’s normal workday/normal workweek, an employee will be compensated at one and a half (1 ½) times his/her regular compensation rate for all time worked or for a minimum of two hours, whichever is greater. Employees volunteering to work on a major holiday per 6.01 Holidays: Designation, will be compensated at two times his/her regular compensation rate for all time worked or for a minimum of two hours, whichever is greater. Time worked shall include time spent on the telephone and on field visits. This provision shall not apply when attending non-mandatory education programs/trainings. ---PAGE BREAK--- 10 5.04 Regular Compensation Rate: Limitations Each type of compensation described shall be considered and computed separately. At no time shall such premium compensation earned by an employee be compounded or pyramided. 5.05 Pay Period Employer will pay compensation biweekly. The Employer will grant payroll deductions of premiums for disability insurance as authorized by the individual employee. 5.06 Shift Differential An employee who is scheduled to work evenings between the hours of 4:00 p.m. and 8:00 p.m. shall be eligible to receive an additional one dollar ($1.00) per hour. This shift differential will be added to the employee's regular compensation rate. Payment of shift differential shall not be made for overtime work that is contiguous to the employee's regular work shift unless such hours have been so scheduled clinics). For example, if an employee's shift ends at 4:00 p.m. and the employee works beyond 4:00 p.m. (unscheduled) on overtime compensation, the shift differential shall not be paid in addition to the overtime compensation. 6. MONETARY BENEFITS: COMPENSATION FOR TIME NOT WORKED 6.01 Holidays: Designation It is mutually understood between the New York State Nurses Association and the County of Cortland that in the event the County should extend additional holiday time above current level of thirteen (13) days to other County employees, the County shall also include employees covered under the then-current agreement between the New York State Nurses Association and the County of Cortland. Minor Holidays 2023 2024 2025 2020 Martin Luther King's Day January 16 January 15 January 20 January 19 President's Day February 20 February 19 February 17 February 16 Columbus Day October 9 October 14 October 13 October 12 Veterans' Day November 10 November 11 November 11 November 11 Day after Thanksgiving November 24 November 29 November 28 November 27 Christmas Eve December 24 December 24 December 24 December 24 Floating Holiday Employee’s Choice Employee’s Choice Employee’s Choice Employee’s Choice Major Holidays 2023 2024 2025 2026 New Year's Day January 2 January 1 January 1 January 1 Memorial Day May 29 May 27 May 26 May 25 Independence Day July 4 July 4 July 4 July 3 Labor Day September 4 September 2 September 1 September 7 Thanksgiving Day November 23 November 28 November 27 November 26 Christmas Day December 25 December 25 December 25 December 25 ---PAGE BREAK--- 11 * when the date falls on a Saturday or Sunday, the holiday will be observed on the closest Monday or Friday. Employees commencing employment between January 1 and June 30 will receive a floating holiday. Juneteenth will be recognized as minor holiday if and when Juneteenth is added as a holiday for CSEA Local 6550. 6.02 Holidays: Compensation General: A regular full-time or part-time employee not scheduled to work on a holiday, per Article 6.01 Holidays: Designation, will receive pay for his/her normal workday, at his/her regular compensation rate. A regular full-time or part-time employee scheduled to work will have the option of receiving pay or holiday time off at his/her regular compensation rate for his/her normal workday. Holiday time off will be taken within a period of thirty (30) days before and thirty (30) days after the actual holiday (a sixty {60} day period in total), based on scheduling needs. If an employee takes holiday time off prior to the holiday, it will be considered in lieu of payment per the first paragraph of this Article. Major Holidays: A regular full-time or part-time employee who works a major holiday, per Article 6.01 Holidays: Designation, will have the option of receiving one of the following in addition to the compensation in the first paragraph of this Article: 1) to receive additional payments at two times his/her regular compensation rate for all hours worked, OR 2) to receive compensatory time accrual hour for hour for all hours worked and additional payment at one times his/her regular compensation rate for all hours worked. A per diem employee will be paid at two times his/her regular rate. Minor Holidays: A regular full-time or part-time employee who works a minor holiday on a County observed date, per Article 6.01 Holidays: Designation, will have the option of receiving one of the following in addition to the compensation in the first paragraph of this Article: 1) to receive additional payment at one and one-half (1½) times his/her regular compensation rate for all hours worked, OR 2) to receive pay at regular rate for all hours worked and an additional compensatory time accrual at one-half (1/2) times the hours worked. A per diem employee will be paid at one and one-half (1½) times his/her regular rate. All Holidays: An employee who accrues compensatory time working a holiday must take it within ninety (90) days of its occurrence to be scheduled at mutual convenience. In the event that an individual, due to the work schedule, is in danger of losing compensatory time, the hours accrued will be paid at the employee’s regular compensation rate. An employee who is absent without pay on a scheduled workday either the day before or the day after a holiday shall not receive pay for the holiday. ---PAGE BREAK--- 12 6.03 Vacations: Amount 1. Except for those employees who are discharged, terminated in accordance with Civil Service Rule XIX following an absence without leave, or otherwise terminated for cause, the County shall grant vacations to its employees. Employees covered by this Agreement shall be entitled to accumulate vacation time in accordance with the following schedule. Vacation accruals may be used in one-quarter (1/4) hour increments. Years of Credit Days of Vacation Accrued Maximum Days Earned Annually At least 1 month .8333 10 2 years 1.0 12 3 years 1.0833 13 4 years 1.1667 14 5 years 1.250 15 6 years 1.3333 16 7 years 1.4167 17 8 years 1.5 18 9 years 1.5833 19 10 years 1.6667 20 15 years 1.75 21 20 years 2.0833 25 For the first January 1 of employment, the employee shall be credited with two years of service credit for vacation. Each January 1 thereafter, the employee shall be credited with an additional year of service. Employees shall not accrue vacation leave for any period during which they are off the payroll for more than half of the working days per month. 2. Maximum Vacation Accumulation. The maximum vacation time that can be accumulated by each employee at one point in time is three hundred seventy- five (375) hours (for a 7.5 hour per day employee). Once the maximum accumulated vacation balance is on the books, no further vacation accruals shall be credited to the employee until the accumulated balance goes below the maximum, unless the Department Head or his/her designee has refused vacation usage. 3. Vacation Eligibility Requirements. Employees shall accrue vacation beginning the day of hire; however, they shall not be eligible to use vacation accruals or to be paid for vacation accruals under Article 8.06 Terminal Benefits until after six consecutive months of employment with the County. 4. Request for Vacation. In order to assure orderly performance and continuity of those municipal services provided by the employees and their respective Department, each employee wishing to schedule vacation should request such vacation leave as far in advance as reasonably possible, but preferably at least one week in advance of the requested vacation period. Requests for vacation shall be granted upon approval of the Department Head or his/her designee unless it is determined that such absence would adversely ---PAGE BREAK--- 13 affect and interfere with the orderly performance and continuity of municipal service. Vacation requests shall not be arbitrarily or unreasonably denied. 6.04 Vacations: Pay An employee entitled under Article 6.03 Vacations: Amount will be paid for vacation at the employee's regular compensation rate. 6.05 Vacations: Scheduling There shall be two vacation selection periods: January 1 - June 30 (period and July 1 - December 31 (period Weeks at the end of either vacation schedule period which overlap both periods shall be considered based on the date of the beginning of the week requested (ex. for 2006, June 26 - July 2 will be included in period For period 1, employees shall make their vacation requests during the month of July, the Employer will review the requests, subject to operating requirements, in the month of August and the schedule for period 1 will be posted September 1. For period 2 employees shall make their vacation requests during the month of January, the Employer will review the requests, subject to operating requirements, in the month of February and the schedule for period 2 will be posted March 1. Vacation approvals will be according to bargaining unit seniority per the most recent seniority list at the time of approval. Vacation time, once approved, cannot be rescinded because of subsequent time off requests. Requests for vacation received at times other than those specified above shall be granted pursuant to the Employer operating requirements on a first come first serve basis. Should more than one employee request the same vacation time on the same date, and both requests cannot be granted, the employee with the most bargaining unit seniority shall be granted the time off. 6.06 Sick Leave: Amount Each regular employee will be credited with sick leave at the rate of one day per month of active employment to a two hundred (200) day maximum (one thousand five hundred (1,500) hours). Sick time is to be used in connection with illness of employees. At the time of retirement, employees shall use the first one hundred and sixty-five (165)* unused sick leave days as extra pension credit in accordance with the rules established by the New York State Employees Retirement System, (41J). Employees may convert up to thirty-five (35) unused sick days in excess of one hundred and sixty-five (165) days on a two for one basis not to exceed one thousand seven hundred fifty dollars ($1,750.00) to pay for the employee’s portion of retiree health benefits. A part-time employee will be credited with proportionate benefits. An employee on sick leave will be paid at the employee's regular compensation rate. After the third (3rd) consecutive day of illness or disability, Employer may require the employee to furnish proof of illness or disability. An employee may utilize up to five accrued sick days per year for absence due to illness in the household or in the employee's immediate family defined as: (parent, step parent, child, step child, spouse, sibling, step sibling, grandchild or step grandchild). An employee may use up to an additional thirty (30) days of sick leave for a family event which is Family Medical Leave qualified. The additional leave is not applicable for an intermittent FMLA request. ---PAGE BREAK--- 14 An employee who actually works a full calendar year (January 1 through December 31) and who does not use any sick leave during the calendar year shall accrue one extra vacation leave day. An employee will notify Employer as soon as practicable when using sick time. * Tier 6 employees hired after 12/31/14 are limited to one hundred (100) days, or as provided in the retirement legislation for Tier 6. 6.07 Bereavement Leave: Amount An employee desiring leave for bereavement will apply for it to the Department Head or his/her designee. 1. In the event of the death of any of the following members of an employee's family parents, including foster or step-parents, spouse, children, including foster children or stepchildren, siblings, step-siblings, parents-in-law, step parents-in-law, sons-in-law, daughters-in-law, grandchildren, grandparents or members of the immediate household the employee shall be excused from work at his/her request and shall be paid on a daily basis for all days lost up to a maximum of four workdays within thirty (30) days of the employee’s receipt of notification of a qualifying death. The requested bereavement days must be used consecutively and cannot be spread out over the 30-day period. Where special circumstances exist which prohibits use within the 30-day period, a request may be made to the County Personnel Officer for other accommodations. The Personnel Officer shall have the sole authority to grant an exception. Such decision shall not be arbitrary or capricious. In addition, in situations involving late interment, an additional paid day will be granted if the employee was scheduled to work. 2. In the event of the death of an employee's brothers-in-law, sisters-in-law, aunts, or uncles, the employee shall receive one day of paid leave for bereavement. 6.08 Leave for Death in Family: Procedure An employee desiring leave under Article 6.07 Bereavement Leave: Amount, will apply for it to the Department Head or designee, and the leave will be effective as soon as practicable, not later than the employee’s next scheduled workday. 6.09 Personal Leave 1. Each regular employee shall be entitled to thirty (30) hours (for 7.5 hour per day employees) of paid personal leave per calendar year. Personal leave may be used in one-quarter (1/4) hour increments. 2. During the first year of hire, personal time shall be prorated as follows: Date of Hire Time Earned (7.5 hour day) 1/01 – 2/14 30 hours 2/15 – 3/31 26.5 hours 4/01 – 5/14 22.5 hours 5/15 – 6/30 18.75 hours 7/01 – 8/14 15 hours 8/15 – 9/30 11.25 hours 10/01 – 11/14 7.5 hours 11/15 – 12/31 3.75 hours ---PAGE BREAK--- 15 The amount of personal time to which an employee commences and terminates employment within the first year will be calculated by the Personnel Office. 3. Upon permanent separation form County Service, the time allowed for use prior to separation shall be prorated as follows: Date of Separation Time Earned (7.5 hour day) 1/01 – 2/14 3.75 hours 2/15 – 3/31 7.5 hours 4/01 – 5/14 11.25 hours 5/15 – 6/30 15 hours 7/01 – 8/14 18.75 hours 8/15 – 9/30 22.5 hours 10/01 – 11/14 26.5 hours 11/15 – 12/31 30 hours 4. Personal leave may be used on the day prior to or following a holiday or vacation provided that the use of personal time has been pre-approved by the Department Head or his/her designee, or in the case of emergency. 5. Personal leave shall not accumulate from year to year. Any unused personal leave remaining on December 31st of each year shall be applied to an employee’s accrued sick leave. 6. In the event an employee has used more than the appropriate calculated leave credits at the time of separation from County service, his/her final check shall be reduced by that amount. 6.10 Personal Leave: Procedure An employee must notify the Department Head or Supervisor before taking time off under Article 6.09 Personal Leave. Such time shall be granted according to staffing needs. 6.11 Military Leave, Jury Duty or Civil Proceeding Testimony A. Jury Duty An employee who has been summoned to serve as a trial or grand juror shall provide a copy of such summons to his/her Department Head upon receipt for notification of absence. It shall be the responsibility of the Department Head to forward the summons to the Personnel Office. An employee shall receive his/her regular hourly rate of pay for times of jury duty service when the employee was scheduled to work. The employee will notify the court of the fact that he/she is receiving his/her wages for the times of service. An employee who is dismissed for the day or from service within two hours or more remaining in his/her regular scheduled workday is required to return to work. For jury duty outside the County, an employee who is dismissed for the day or from service within three and one-half (3½) hours or more remaining in his/her regular workday is required to report to work. When an employee is released early from jury duty and the employee does not wish to ---PAGE BREAK--- 16 return to work, leave accruals can be utilized for the remainder of the day with the approval of the Department Head or designee. Employees are entitled to retain mileage and meal allowances paid by the court. B. Military Leave The Employer will comply with applicable Federal and State law with respect to Military Leave, including but not limited to the provisions of New York State law providing pay for "ordered Military Duty" (which includes ordered service in the reserve force) for a period not exceeding a total of thirty (30) days in any one calendar year and not exceeding thirty (30) days for any one continuous period of such absence. Part-time employees will receive proportionate benefits. C. Civil Proceeding Testimony In the event a member of this Collective Bargaining Agreement is subpoenaed or called upon to testify in a civil proceeding unrelated to his/her employment with Cortland County, the employee will charge his/her leave accruals (excluding sick leave) for the time away from work, or be absent without pay, at the employee's option. 6.12 Meeting Attendance Three local Association representatives may attend, without loss of pay, negotiations and legal proceedings which are scheduled during regular working hours to assist them in fulfilling their obligation to members. One representative may attend grievance proceedings which are scheduled during regular working hours. The Employer will provide a maximum of eight workdays per annum to the Association for its members to attend the Association meetings, provided that the Employer's operations can be maintained in a smooth and efficient manner. Notwithstanding the Employer's operational needs, distribution of the eight workdays per annum will be at the discretion of the bargaining unit. In the event all eight workdays provided for by the Employer are not utilized at the end of a year where employee(s) have used their benefit time to attend Association meetings, any remaining day(s) of the eight workdays provided by the Employer, shall be credited to such employee(s) benefit time he/she utilized for such purpose. 6.13 Rest Periods Clinic employees covered by this Agreement shall be scheduled for a fifteen (15) minute rest period in both the morning and afternoon. All other employees covered by this Agreement shall be allowed rest periods either as heretofore or as covered by the now current policy. 6.14 Leave Donation/Emergency Pool A. The purpose of this Section is to enable County employees to donate paid benefit time to other employees who are confronted with a personal or family emergency. B. An employee may donate accrued vacation, compensatory, floating holiday, personal, or sick leave hours to an Employee Emergency Pool by completing ---PAGE BREAK--- 17 and signing a “Donation to the Emergency Pool” form available in the Personnel/Civil Service Office. C. The Personnel/Civil Service Office shall keep track of the total hours available in the pool. D. The Committee to administer the pool shall be composed of:  One person appointed by CSEA  Personnel/Civil Service Officer  One person appointed by New York State Nurses Association  One person appointed by the Sheriff  Paralegal to the County Attorney  One Department Head  One Legislator appointed by the Chairman of the Legislature.  One person appointed by CPAC E. The Committee shall develop rules for the administration of the pool and may modify said rules as needed by a majority vote of the Committee. F. In conformance with the rules, the Personnel Officer is authorized to permit the use of hours in the pool by any current County employee who qualifies and makes a request for such hours based on a personal or family emergency. All decisions by the Personnel Officer shall be final and binding and will not be grievable or arbitrable. G. Employees covered by this Agreement who are less than full-time shall receive a prorated value of the full-time equivalent of the scheduled full-time hours. 7. MONETARY BENEFITS: INSURANCE 7.01 Statutory Insurance Employer will insure each employee under Federal Insurance Contribution Act to the extent required by law and New York State Workers' Compensation law. 7.02 Health/Dental/Vision Insurance The Employer shall provide a Health Insurance Plan equal to or better than the current Health Insurance Plan provided by the Employer which shall include a nationwide provider network. Employees hired prior to January 1, 2023 will be enrolled in the Indemnity/Traditional plan if they wish to enroll in the County insurance. Employees hired on or after January 1, 2023 will be enrolled in the Personal Choice PPO Plan if they wish to enroll in the County insurance. The Employer contribution rate shall be eighty percent (80%) of the premium for both full-time and part-time employees (regardless of single or family coverage): The County Health Insurance Plan shall include a three tier formulary plan for prescription drugs. Each employee who participates will contribute a five dollar ($5.00) co-pay for generic prescriptions, a ten dollar ($10.00) co-pay for brand- name prescriptions, and a twenty-five dollar ($25.00) co-pay for non-formulary ---PAGE BREAK--- 18 prescriptions. Effective January 1, 2013 the prescription co-pay will increase from $5/$10/$25 to $5/$15/$30. Effective 1/1/17 prescription co-pays will increase to $10/$20/$35. Effective January 1, 2023 the co-pay for specialty drugs will be up to fifty dollars ($50.00) for a thirty (30) day supply. Employees may utilize the multi-month mail order maintenance program for prescriptions and pay one co-pay per three-month supply. Effective January 1, 2023, employees may utilize the multi-month mail order maintenance program for prescriptions and pay ten dollars ($10) for generic, forty dollars ($40) for brand and seventy dollars ($70) for non-formulary medications per three-month supply. Prescriptions for maintenance drugs filled at a retail pharmacy will require one co-pay for each one-month supply. Effective January 1, 3013 employees will pay fifty percent (50%) of the cost of the drug upon the fourth (4th) refill at a retail setting for maintenance drugs. Maintenance medications that are not able to be filled through the mail order program are excluded from the fourth refill penalty and may be processed as non-maintenance medications. Employees shall be required to fill all prescriptions with the generic brand when available. Should the employee voluntarily elect not to fill with the generic brand, the employee will be responsible for the cost between the generic and the drug selected (name brand or non-formulary), plus the co-pay for the name brand or non-formulary. In the event that the employee cannot take a generic drug due to a medical reason determined by the prescribing medical provider, the employee will not be required to pay the difference between the generic drug and the drug selected. The co-pay will be required for either the name brand or non-formulary. Employees may participate in an Alternative Prescription Drug Program established by the County through Cortland Meds which provides for lower cost maintenance prescription drugs through mail order with no co-pay. Employee contributions for the health/dental/vision insurance premiums shall be deducted in equal amounts from each bi-weekly paycheck. Coverage for new employees hired prior to the 16th of the month shall become effective on the first of the following month. Coverage for new employees hired on or after the 16th of the month shall become effective on the first day of the second month following employment (e.g. date of hire May 17 would result in coverage July Enrollment in the health/dental/vision insurance plans shall take effect as described above or during the annual open enrollment period in November for coverage effective January 1. Retirees will continue to be eligible to participate in the County’s Health Insurance program in retirement as delineated herein. Health Insurance Coverage Upon Retirement: Employees shall be eligible to continue health insurance upon retirement provided they have met the requirements in Sections A, B, C, D and E below: A. Employees must complete a minimum of ten (10) years of service; employees hired after June 1, 2006 will require ten (10) consecutive years with Cortland County. This ten years of consecutive service may include work as full-time, part-time, and/or per diem; however, at least five years must be as a full- time or part-time employee and the employee must be in a full- time or part- ---PAGE BREAK--- 19 time status at the time of retirement; B. Are employed by Cortland County at the time of retirement; C. Are enrolled in the health plan for at least one year prior to time of retirement except if the employee has a qualifying event for obtaining health insurance coverage or an event which qualifies for a leave of absence under FMLA; D. Provide the Employer with proof of retirement and otherwise meet the definition of retirement as specified by the NYS Retirement system; and E. Be at least 55 years old. The payment for premium shall be as follows: County Employee  Hired prior to 3/15/90 90% 10%  Hired 3/16/90 – 5/31/06 80% 20% For employees hired on or after June 1, 2006: Employee Share County Share 10 years of service but less than 15 years 50% 50% 15 years of service but less than 20 years 35% 65% 20 years of service or more 20% 80% All employees shall be eligible to join the County's Dental and Vision Insurance Plans. The coverage shall be for the employee and/or family and will be provided as follows:  The cost of single coverage shall be shared equally by the Employer and the employee.  The additional cost for family coverage shall be borne by the employee. 7.03 Professional Liability Insurance 1. Employer will continue to provide for each regular employee, each permanent part-time employee, and each per diem employee, Professional Liability Insurance equal to or greater than the Professional Liability Insurance provided by the Employer at the time of the signing of this contract. The Employer shall be responsible for paying one-hundred percent (100%) of the cost but no more than one hundred fifty dollars ($150.00) premium per annum for employees other than Nurse Practitioners for the period the employee is employed by Cortland County. The Employer shall be responsible for one- hundred percent (100%) of the cost, but no more than five-hundred dollars ($500.00) per annum for Nurse Practitioners for the period the employee is employed by Cortland County. Any amount paid by the Employer in excess of the amounts established in this paragraph will be reimbursed to the Employer through payroll deduction. 2. An employee who is permanently separated from County employment for any reason other than death, shall sign a letter to the insurance company requesting a refund be issued to the County for Professional Liability Insurance for the number of months remaining in the insurance policy year at the time of separation. If the employee prefers to maintain said policy after separation from County employment, reimbursement for the number of months remaining in the insurance year shall be deducted from the employee’s final paycheck. If the final paycheck is not sufficient to cover the ---PAGE BREAK--- 20 amount owed, the employee shall be responsible for paying the balance owed to the County. 3. Effective July 1, 2016, each regular employee, each permanent part-time employee, and each per diem employee may purchase their own liability insurance. The receipt for the liability insurance and a copy of the policy, will be submitted to the County for reimbursement. The Employer shall be responsible for paying one-hundred percent (100%) of the cost but no more than one-hundred fifty dollars ($150.00) premium per annum for employees other than Nurse Practitioner for the period the employee is employed by Cortland County. The Employer shall be responsible for one-hundred percent (100%) of the cost, but no more than five-hundred dollars ($500.00) per annum for Nurse Practitioners for the period the employee is employed by Cortland County. Reimbursement should be paid within thirty (30) days of receipt submission. 7.04 Retirement The County shall participate in the New York State Employees Retirement System with all the rights and benefits presently provided by the Career Retirement Plan under Section 75 of the Retirement and Social Security Law. In addition to the adoption of the 75 Plan, the County Legislature shall provide the following options:  Section 41 (application of unused sick leave as additional service credit upon retirement)  Service 41 (military service credit buy back)  Section 60 (guaranteed minimum death benefits of up to three times the employee’s annual rate of pay depending on length of service of employee at the time of death and the retirement tier). 7.05 New York State Nurses Association Disability Income Protection Plan The Employer shall provide for payroll deduction for eligible employees who desire, in writing, to purchase the New York State Nurses Association Disability Income Protection Plan. 7.06 Workers’ Compensation The Employer shall provide Workers’ Compensation Insurance, in compliance with the New York State Workers’ Compensation Law, for an employee who has an illness or injury as a result of employment with Cortland County. An employee may elect to use sick leave for a work related illness or injury provided s/he indicates his/her intentions in writing, files the required claim form and assigns his/her workers’ compensation entitlement to the Employer, whereupon the Employer shall credit the employee’s sick leave accruals equal to the settlement amount divided by the employee’s hourly rate of pay, at the time of illness or injury, when the Employer is reimbursed. ---PAGE BREAK--- 21 8. MONETARY BENEFITS: MISCELLANEOUS 8.01 Experience and Education Differential: Entitlement and Amount On recommendation of the Department Head or designee, or other applicable division head, and approval from the Cortland County Department of Personnel/Civil Service, overscale appointments may be approved for new employees, regular or part-time, on the basis of prior experience and/or advanced education on the following schedule: A. Experience Differential Experience differential for comparable, verifiable experience, six months of which must have been worked within the preceding twenty-four (24) months, may be: 1 year experience………..1 step above Step 1 2 years experience………2 steps above Step 1 3 years experience………3 steps above Step 1 B. Educational Differential – for related degrees Bachelor's $750 per annum Master's $850 per annum Doctorate $1,150 per annum The educational differential would not apply if the position filled requires such education to be eligible for appointment. 8.02 Tuition Refund: Entitlement and Amount Employer will, after one year of continuous employment, at the end of each semester, reimburse a regular employee in accordance with the following guidelines: Employees will receive reimbursement for actual costs of fees, books and one hundred percent (100%) of the SUNY rate for tuition, unless the actual tuition is less. Courses must be completed with a grade or better for the employee to receive reimbursement. Up to two courses of advanced study in nursing or a related field, creditable toward a nursing degree from an accredited educational institution, for a total of seven credit hours per semester may be allowed. For the Spring and Fall semesters, a maximum of one course of three or four credit hours equaling up to six hours of class time per week may be taken during working hours. If the course is offered during non-working hours, the employee shall not request time off during working hours to attend the course. If more than six hours of class time per week are required by the course, employees may flex their hours to permit school attendance. Employees may also flex their hours to permit school attendance for additional course work, staffing needs permitting, and/or for travel time. During the Summer sessions, courses shall not be taken during working hours, except for exceptional circumstances where special arrangements can be made at the discretion of the Department Head or designee. ---PAGE BREAK--- 22 Part-time employees shall be allowed a maximum of three credit hours which shall be taken during non-working hours. Employee will obtain prior approval from the Department Head or designee. Employer will reimburse certain job related examination fees with the understanding that a maximum of four such challenge fees per employee would be approved in one calendar year upon satisfactory completion of such exams. Employer will reimburse job related examination fees where such examination(s) are required. In the event that a specific course is required by either the County of Cortland or the State of New York as a condition of employment, the Employer shall arrange for such courses to be offered at no cost to the employee. It is expressly understood that in the event the State shall require unit members to undertake continuing education units in order to be eligible for licensure as a Registered Professional Nurse, the Employer shall have no obligation to provide such courses. An employee who resigns from County employment within six months of the completion of a semester, excluding for reasons of disability or death, and has received tuition reimbursement shall be required to refund the Employer according to the following schedule: # of Months Since % Refund Due Course Completion to the County 0 - 3 50 4 - 6 30 In the event an employee fails to make such refund by the resignation date, the employee shall forfeit payment of accrued vacation and other benefit time, not to exceed monies owed. 8.03 Transportation Allowance Employer will reimburse an employee at the then current Internal Revenue Service (IRS) business deduction rate when an employee uses his/her own transportation in discharging his/her functions and responsibilities. This reimbursement will not be determined compensation for any purpose. 8.04 Uniform Allowance Employees who are required to wear a lab coat shall be reimbursed for the purchase of three lab coats in their first year of employment and two lab coats in subsequent years, up to a maximum of two hundred dollars ($200) in any given year. Other regular or part-time employees who are required to wear a uniform will receive a uniform allowance of two hundred dollars ($200) per year with eighty dollars ($80) to be paid on or before the first (1st) day of March with the remainder being paid on or before the first (1st) day of September. Newly hired employees eligible for a uniform allowance shall receive a prorated amount for his/her first payment according to the following schedule: ---PAGE BREAK--- 23 Hire Date Amount March - May $80.00 June 60.00 July 40.00 August 20.00 September - November 120.00 December 90.00 January 60.00 February 30.00 8.05 Closing of the Worksite(s) The following contingency plan is for all employees of the bargaining unit: A. Employer Obligations In the event the Chairperson of the Legislature closes the worksite(s), employees who are scheduled to work shall suffer no loss of time, wages, or other benefits. Employees who work after the closing will be compensated in pay or time off at their regular compensation rate for actual hours worked in addition to receiving their regular day’s pay per the previous sentence. If during employees’ hours of work, it is determined by the County Administrator or designee that travel should be restricted, the employees in the field will be notified by the Department to report back to the main office or be sent home. Such employees shall suffer no loss in time or pay. If worksite(s) is/are not officially closed but employees do not report to work, they may charge the time off to compensatory time, personal, holiday or vacation leave. B. Employee Obligations - Nursing Duties If an employee is unable to report to work or continue to work, said employee shall report to the Department the names and treatment plans of those patients who must be seen. When the worksite(s) is/are closed, the Employer will assign only the necessary number of nurses to carry out required duties. Volunteers will be sought before assignments are made. The County will provide for said volunteer(s)/assignee(s) safe and adequate transportation. C. Employee Obligations - Other In the event an E.O.C. (Emergency Operations Center) is activated in Cortland County, employees may be required to work despite the closure of their specific worksite. Employees may only be assigned tasks commensurate with their skills and ability. Employees will be paid for their scheduled day during such closure and shall receive compensatory time equivalent to the time worked after the closing became effective. The County will provide for safe and adequate transportation in situations where travel is unsafe or roads are impassable. ---PAGE BREAK--- 24 8.06 Terminal Benefits Employer, except in cases of discharge based on cause, will give an employee ten (10) workdays' notice of termination or compensation to the extent such notice is deficient. For purposes of computing monies due, vacation time will be considered under terminal benefits and will be paid pro rata to the date of termination (in accordance with Article 6.04 In the event that an employee should die while employee is on leave of absence, any wages, accumulated vacation days will be paid to his/her heirs. An employee will give Employer at least ten (10) working days' written notice of resignation or retirement to the Department Head and to the Personnel Officer, and the employee must work ten (10) working days following the day written notification is given, unless the employee has a death in his/her immediate family (as defined by Article 6.08 Leave for Death in Family: Procedure), or is required to be absent from work for any other unforeseen reason that, at the discretion of the Personnel Officer, constitutes a valid reason for absence. (For this clause only, if a paid holiday falls within the ten (10) day notice period, it shall be considered a day worked if all other required days are worked by the employee.) Failure to give notice or to work as required will result in the forfeiture of any and all accrued leave. At the sole discretion of the Personnel Officer, in consultation with the Department Head or designee, the ten (10) day requirement may be waived and the employee paid for accrued but unused vacation time. 9. UNPAID TIME OFF 9.01 Meal Period An employee will have a one-half (1/2) hour meal period at a reasonable time each day as Employer may assign. 9.02 Leave of Absence: Entitlement, Amount and Procedure Unless otherwise required by Family and Medical Leave Act (FMLA), a leave of absence will be as follows by Cortland County Civil Service Rule XIX: Whenever possible, such request must be made at least four weeks in advance of the requested time off. The first thirty (30) calendar days of unpaid leave of absence may be granted at the discretion of the Department Head or designee. A leave of absence without pay in excess of thirty (30) days may be granted under Cortland County Civil Service Rule XIX when approved by the Department Head or designee, the Personnel Officer and the County Administrator or designee. Such leave shall not be for a period in excess of one year. In an exceptional case, the Personnel Officer may, for good cause shown, waive the provisions of this rule to permit an extension of the leave of absence for an additional one year period. In no case may such leave of absence exceed in aggregate two years from the date of commencement of the leave. ---PAGE BREAK--- 25 Veteran’s Education Leave A leave of absence without pay, not to exceed four years, shall be granted by an appointing officer to an employee who is a veteran of the Armed Forces of the United States, providing such a leave of absence is for the purpose of taking courses under the educational benefits provided for in Title 38, United States Code or under a New York State Board of Regents War Service Scholarship, Education Law, Section 614. An employee taking such a leave shall be reinstated to his/her position, provided he/she makes application for such reinstatement within sixty (60) days after the termination of his/her courses of study. Other An employee on an unpaid leave of absence shall accumulate benefit time for time off the payroll which is less than half of the working days per month. Credits towards retirement, jury duty, or military leave are available to employees only when on paid time. An employee on an unpaid leave of absence will continue to receive health/dental/vision insurance benefits as prescribed in Article 7.02 Health/Dental/Vision Insurance for a period not to exceed three months. At the end of three months, the employee shall be eligible for such benefits in accordance with the law (COBRA). An employee on a leave of absence without pay who has filed for disability retirement with the New York State Retirement System may continue to receive health insurance benefits prescribed by Article 7.02 Health/Dental/Vision Insurance for a period not exceed six months. If an employee wishes to return to work prior to the original expiration date of the approved leave, he/she shall contact his/her Department Head to make mutually agreeable arrangements. Use of an unpaid leave of absence for purposes other than for which it was granted shall be deemed a resignation upon the date such leave commenced. Continuation or acceptance of other employment while on leave without pay shall be deemed a resignation upon the date such leave commenced. Employees who take an unpaid leave of absence to attend schools or colleges may take part- time, interim, or internship employment without violation of this Article. If possible the County will offer a reduced work schedule to an employee attending a school or college, who has requested such a leave, that meets the employee’s educational needs. An employee granted a leave of absence shall be required to use sick, vacation, personal, compensatory, and floating holiday except as follows: an employee may retain up to five vacation days and four personal leave days per calendar year. Unused personal leave days convert to accrued sick leave pursuant to Article 6.10 Personal Leave: Procedure. 10. HEALTH AND SAFETY 10.01 Employer Obligation Employer will observe all applicable health and safety laws and regulations, and will take all steps reasonably necessary to assure employee health and safety. ---PAGE BREAK--- 26 10.02 Employee Obligation Every employee will observe all applicable health and safety laws and regulations and comply with all Employer health and safety rules and regulations. 10.03 Health Examination Employer will, at its expense, give each employee a general health examination (including blood work, urinalysis, pap smear, Mantoux test and/or chest x-ray, whichever is medically indicated) when the employee enters Employer's employment and at least annually thereafter if the employee’s health insurance does not cover the charges in full. In lieu of the foregoing, an employee may submit a receipt for such an examination from a private physician. Employer will reimburse employee up to one hundred dollars ($100.00) in this instance. Based on the result and findings thereof, regardless of any other term or condition of this Agreement, Employer may refuse to hire or maintain any new or present employee if such results or findings indicate a danger to the health, safety or welfare of the patients of Cortland County. A current employee could face discharge if the employee does not take corrective measures regarding any recommendations of the Personnel Officer after medical consultation. Employer will assume the cost of Hepatitis B vaccine for blood handling employees at the employees' request. Employer will pay for a Hepatitis B titer to be done two months after completion of the Hepatitis B Series, as per the Centers for Disease Control recommendation. 10.04 Latex Allergy Prevention The Employer will implement a latex allergy policy which will follow NIOSH recommendations, reduce exposure to latex, train and educate staff regarding latex exposure and allergies, substitute non-latex products when appropriate, and discontinue use of powdered latex gloves. If an Employee has latex sensitivity or allergy, the Employer shall take any available steps to reduce the individual’s exposure to latex, including but not limited to, reassignment of the employee to another work area with reduced exposure to latex. 10.05 Workplace Violence The Employer will develop and implement a workplace violence prevention policy whereby establishing a system for documenting violent incidents in the workplace. The Employer shall provide critical training to employees which addresses hazards in the workplace and offers prevention strategies. Such training will not only provide measures to reduce or eliminate such activity but will also lead to increased knowledge and awareness of risks regarding workplace violence situations. 11. BUSINESS OR EMPLOYMENT INTERRUPTION Neither Association nor employees will, directly or indirectly, cause, engage or participate in any strike, work stoppage, work interruption, work interference, slowdown, picketing, or boycott during the life of this Agreement. Employer will not, directly or indirectly, cause, engage or participate in any lockout during the life of this Agreement. ---PAGE BREAK--- 27 12. STAFF DEVELOPMENT 12.01 Staff Development Committee The Employer and the Association shall establish a Professional Committee whose responsibility will be to develop and organize a comprehensive staff development program including, but not limited to, professional relationship, orientation and in-service education. The Committee shall consist of two members of the County Legislature appointed by the County Chairperson, two members of the Local Bargaining Unit appointed by the Chairperson, the County Personnel Officer, and two persons appointed by the Director of Public Health. Attendance at said meetings covered under this paragraph shall be considered as time worked. A minimum of four meetings per contract year shall be held with a minimum of two members of the Association and the Public Health Director and other applicable division head as appropriate. An additional two meetings per year will be held with the entire Staff Development Committee. 12.02 Notice to Employees Employer will provide each employee with a copy of this Agreement (to be supplied by Association) and any stated personnel policies supplemental hereto and will provide each employee, at the time of appointment, transfer or promotion, with written confirmation of such personnel action and the job description and regular compensation rate of the position to which the employee is appointed, transferred or promoted, and hours of work. 12.03 Labor/Management Committee Meetings between a representative of Budget and Finance Legislative Committee, Personnel Officer, together with other representatives of Health Department Management, an Association Representative and two nursing employees shall be held by mutual agreement. The function of this Committee shall be to facilitate communication between the parties, to promote a climate conducive to positive employee relations, to recommend resolutions of employee relations problems which may arise in the administration of this Agreement and to discuss other matters of mutual interest. Results of such discussion will be made effective by a Legislative Resolution, an amendment of applicable rules and regulations and/or personnel manuals or by other administrative directive. 12.04 Committee on Nursing Practice A Committee shall be established entitled "Committee on Nursing Practice" composed of three members chosen by the Association. The Public Health Director and/or other applicable division head shall meet with the Committee on Nursing Practice when requested by the Chairperson of the Committee on Nursing Practice. Attendance at such meetings shall be considered as time worked. The Committee on Nursing Practice may make written recommendations to the Employer. The Employer must respond in writing within twenty-one (21) days of the receipt of the recommendations. The Employer's response shall include the reasons thereof. 12.05 Safety Committee NYSNA shall appoint up to two members to serve on the County's Safety Committee which shall meet as necessary to review and consider issues relating ---PAGE BREAK--- 28 to safety and health on the job. The committee may also be composed of representatives from other employee organizations. Meetings shall be called by the Chairperson of the Safety Committee. Minutes shall be kept of all Safety Committee meetings, including any recommendations that the Committee may have made. Copies of the minutes shall be forwarded to the appropriate legislative committee(s) for review and consideration. The appropriate County official(s) shall respond, in writing, to all Safety Committee recommendations within sixty (60) days of receipt of same. A copy of such response shall be sent to each NYSNA representative on the Safety Committee. The contents of the County's response shall not be subject to the grievance procedure. 13. GRIEVANCE ADJUSTMENT 13.01 Purpose The purpose of this Article is to provide the individual employee with a just, prompt and equitable method for resolving any grievance arising under this Agreement with the Employer. 13.02 Definitions A. Grievant: A grievant or "aggrieved party" is any employee of the County who is a member of the bargaining unit, who alleges to be harmed by a violation of this Agreement. However, when a complaint involves a matter affecting more than one employee, the grievant may be the New York State Nurses Association. B. Grievance: A grievance is any alleged violation of the terms and conditions of employment as defined in the Agreement or any past practice, misinterpretation or misapplication of this Agreement which is alleged to have occurred. C. Department Head: The Public Health Director or Director of Community Mental Health Services. D. County Chairperson: The County Chairperson is the person duly elected as the Chairperson of the Cortland County Legislature. E. Designee: The designee is the person appointed by the Department Head or County Chairperson to act on his/her behalf in matters pertaining to this Agreement. F. Association: The Association is the New York State Nurses Association. G. Representative: A representative is any person duly authorized by the New York State Nurses Association to represent the grievant in procedures hereunder. H. Day: A day is one full working day in the normal workweek in which the employee worked, was scheduled to have worked or could reasonably have worked. 13.03 Procedure: Level I Within ten (10) days after occurrence of the alleged grievance, or within ten (10) days within which the grievant knew or should have known of the alleged grievance, the grievant shall discuss the grievance with the Department Head or designee who will render a decision, in writing, within ten (10) days. If the grievance involves a monetary item which would be noted on an employee's pay check stub, the time for filing the grievance shall be thirty (30) days from the time ---PAGE BREAK--- 29 the alleged grievance occurred or the time the grievant knew or should have known of the alleged grievance. 13.04 Level II Within ten (10) days of the receipt of the decision at Level I, the grievant may submit his/her grievance, in writing on a form provided by the Association, to the appropriate Department Head. Within ten (10) days of the receipt of the written grievance, the Department Head shall convene a meeting with the aggrieved employee, the grievant's representative, and any other persons deemed appropriate by the Department Head for the purpose of resolving the grievance. If the grievance is not resolved as a result of this meeting, then not later than five days, the Department Head shall deliver, in writing, his/her decision on the grievance. If the meeting is not convened, the Department Head shall render his/her decision in the matter, in writing, within fifteen (15) days of having received the original written grievance. If the written decision does not result in a satisfactory resolution, the grievance may proceed to Level III. 13.05 Level III Within five days of receipt of the decision at Level II, the grievant may submit the grievance, in writing, accompanied by copies of prior documentation and correspondence to the County Chairperson. The Chairperson or his/her designee shall convene a meeting within ten (10) days of receipt of the written grievance, with the aggrieved party, the grievant's representative and any other persons deemed appropriate by the Chairperson for the purpose of resolving the grievance. If the grievance is not resolved as a result of this meeting, within ten (10) days, the Chairperson shall deliver, in writing, his/her decision on the grievance. If the meeting is not convened, the Chairperson shall deliver his/her decision in the matter within fifteen (15) days of having received the original written grievance. If the written decision does not result in a satisfactory resolution, the grievance, at the Association's option, may proceed to Level IV. 13.06 Level IV Within five days of receipt of the decision at Level III, the grievant may submit a demand for arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally by the Employer and the New York State Nurses Association. The arbitrator shall place his/her decision in writing, setting forth his/her findings, reasoning, conclusions and award. The arbitrator shall be limited to the issues submitted to him/her and shall be without power to make a decision which is violative of the contract, Federal, State or local laws, rules or regulations, nor shall he/she have the power to alter, add to or detract from this Agreement. 13.07 Level of Resolution The Association and/or the grievant may initiate the grievance at a higher level if the Employer representative(s) specified in the lower level(s) of the grievance procedure does (do) not have the power or authority to effectively resolve the grievance. ---PAGE BREAK--- 30 14. MISCELLANY 14.01 Definitions As stated in this Agreement, and except as otherwise clearly required by its context: A. "Agreement" means this Agreement and each Appendix, Schedule, Amendment or supplement thereto; B. "Employer" means the County of Cortland; C. "Association" means the New York State Nurses Association; D. "employee" means an employee covered by Article 1; E. "day" means a calendar day except under the Articles of Article 13 of this Agreement; F. "week" means a calendar week; G. "month" means a calendar month; H. "year" means a calendar year; I. "Department Head" or “appointing authority” is the executive ultimately responsible for the management of the individual County Department or the Department Head’s designee i.e. the Public Health Director or Director of Community Mental Health; J. Division Head: A Managerial non bargaining unit position appointed by the Department Head to manage a division of the Health Department or Mental Health Department; K. “proportionate benefit”, where provided for a permanent part-time employee, means that part of any stated compensation rate or other employee benefit determined by multiplying the applicable benefit for a regular employee with the same job title and same seniority by the hours scheduled to work; L. Department: An individual County department such as Department of Health, Department of Mental Health, Department of Social Services; M. Division: A division within a department such as the Division of Nursing, and the Division of Children with Special Health Care Needs; N. Reassignment: the change, without further examination, of a permanent employee from one position to another similar position under the jurisdiction of the same appointing authority; O. Transfer: the change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a similar position under the jurisdiction of another appointing authority. 14.02 Non-Discrimination Neither Employer nor Association will discriminate against any employee or applicant for employment as an employee, in any matter relating to employment, because of race, color, creed, national origin, sex, marital status, age, disability or activity on behalf of Association. 14.03 Meetings Employer and Association will meet at mutually convenient times and places to consider employment conditions and the operation of this Agreement. 14.04 Meeting Facilities Employees may meet on Employer premises to consider employment conditions. Employees will notify the Department Head or designee in advance of use of Employer facilities. ---PAGE BREAK--- 31 14.05 Agreement Construction The Article titles throughout this Agreement are merely editorial identifications of their related text and do not limit or control that text. 14.06 Notices Any notice required to be served on Employer under this Agreement will be either mailed to Employer by certified mail or delivered to Employer or so mailed or delivered to such person and at such address as Employer may designate by written notice served on Association. Any notice required to be served on Association, under this Agreement, will be mailed to Association's Executive Director by certified mail addressed to Association's headquarters office, 131 West 33rd Street, 4th Floor, New York, NY 10001. All other notices shall be sent to the Association’s Albany office, 155 Washington Avenue, Albany, NY 12210, or to such other person and at such address as Association may designate by written notice served on Employer. 14.07 Separability This Agreement and its component provisions are subordinate to any present or future laws and regulations. If any federal or New York State law or regulation, or the final decision of any federal or New York Court or administrative agency, affects any provisions of this Agreement, each such provisions will be deemed amended to the extent necessary to comply with such law, regulation or decision, but otherwise this Agreement will not be affected. 14.08 Agreement: Printing The County and the Association agree that the costs of printing this Agreement shall be equally shared. 15. MANAGEMENT RIGHTS Except as expressly limited by other provisions or provisions of this Agreement, all of the authority, rights, and responsibilities possessed by the County are retained by it, including, but not limited to, the right to determine the mission, purposes, objectives, hours, scheduling, days off, and policies of the County; to determine the facilities, methods, means and number of personnel required for conduct of County programs; to administer the merit system, including the examination, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment or transfer of employees pursuant to law; to direct, deploy, and utilize the work force; to establish specifications for each class of positions and to classify and reclassify and to allocate or reallocate new or existing positions in accordance with law; and to discipline or discharge employees in accordance with law and the provisions of this Agreement. These rights will not be exercised in an arbitrary, capricious or discriminatory manner. 16. AMENDMENT This Agreement may be amended or supplemented only by further written agreement executed by the parties. 17. CONTINUATION OF BENEFITS Except as otherwise provided in this Agreement, Employer will continue in effect without change during the life of this Agreement all existing benefits heretofore applicable to any employee. No benefit conferred by this Article shall be construed to limit to any extent ---PAGE BREAK--- ---PAGE BREAK--- 33 APPENDIX A Regular Compensation Rate A-1.01 A regular employee's compensation rate will be as follows: RN Effective 1/1/2022 Effective 1/1/2023 Effective 1/1/2024 Effective 1/1/2025 Effective 1/1/2026 1st Step $29.6033 $31.0835 $32.0160 $32.9764 $33.9657 2nd Step $30.3434 $31.8606 $32.8164 $33.8009 $34.8149 3rd Step $31.1019 $32.6571 $33.6368 $34.6459 $35.6853 4th Step $31.8793 $33.4735 $34.4777 $35.5120 $36.5774 5th Step $32.6762 $34.3103 $35.3396 $36.3998 $37.4918 6th Step $33.4931 $35.1681 $36.2231 $37.3098 $38.4291 7th Step (8 yr) $34.0789 $35.8714 $37.1287 $38.2426 $39.3898 8th Step (10yr) $34.6753 $36.5889 $38.0569 $39.1986 $40.3746 PHN Effective 1/1/2022 Effective 1/1/2023 Effective 1/1/2024 Effective 1/1/2025 Effective 1/1/2026 1st Step $31.8942 $33.4889 $34.4936 $35.5284 $36.5942 2nd Step $32.6914 $34.3261 $35.3559 $36.4166 $37.5091 3rd Step $33.5088 $35.1843 $36.2398 $37.3270 $38.4468 4th Step $34.3464 $36.0639 $37.1458 $38.2602 $39.4080 5th Step $35.2051 $36.9655 $38.0745 $39.2167 $40.3932 6th Step $36.0852 $37.8896 $39.0263 $40.1971 $41.4030 7th Step (8 yr) $36.7163 $38.6474 $40.0020 $41.2020 $42.4381 8th Step (10yr) $37.3587 $39.4204 $41.0020 $42.2321 $43.4990 ---PAGE BREAK--- 34 HCM/SCHN Effective 1/1/2022 Effective 1/1/2023 Effective 1/1/2024 Effective 1/1/2025 Effective 1/1/2026 1st Step $33.4562 $35.1290 $36.1829 $37.2684 $38.3864 2nd Step $34.2926 $36.0072 $37.0875 $38.2001 $39.3461 3rd Step $35.1498 $36.9074 $38.0146 $39.1551 $40.3297 4th Step $36.0286 $37.8301 $38.9650 $40.1340 $41.3380 5th Step $36.9292 $38.7759 $39.9391 $41.1373 $42.3714 6th Step $37.8524 $39.7453 $40.9376 $42.1657 $43.4307 7th Step (8 yr) $38.5145 $40.5402 $41.9610 $43.2199 $44.5165 8th Step (10yr) $39.1885 $41.3510 $43.0101 $44.3004 $45.6294 NP/SPHN/ Coordinator Effective 1/1/2022 Effective 1/1/2023 Effective 1/1/2024 Effective 1/1/2025 Effective 1/1/2026 1st Step $35.0478 $36.8002 $37.9042 $39.0413 $40.2126 2nd Step $35.9239 $37.7202 $38.8518 $40.0174 $41.2179 3rd Step $36.8222 $38.6632 $39.8231 $41.0178 $42.2483 4th Step $37.7428 $39.6298 $40.8187 $42.0432 $43.3045 5th Step $38.6863 $40.6205 $41.8391 $43.0943 $44.3871 6th Step $39.6533 $41.6360 $42.8851 $44.1717 $45.4968 7th Step (8 yr) $40.3469 $42.4688 $43.9572 $45.2760 $46.6342 8th Step (10yr) $41.0529 $43.3181 $45.0562 $46.4079 $47.8001 ---PAGE BREAK--- 35 NP w/ Masters** Effective 1/1/2022 Effective 1/1/2023 Effective 1/1/2024 Effective 1/1/2025 Effective 1/1/2026 1st Step $38.5571 $40.4850 $41.6995 $42.9505 $44.2390 2nd Step $39.5208 $41.4971 $42.7420 $44.0243 $45.3450 3rd Step $40.5089 $42.5345 $43.8105 $45.1249 $46.4786 4th Step $41.5215 $43.5979 $44.9058 $46.2530 $47.6406 5th Step $42.5596 $44.6878 $46.0284 $47.4093 $48.8316 6th Step $43.6235 $45.8050 $47.1792 $48.5945 $50.0524 7th Step (8 yr) $44.3870 $46.7211 $48.3586 $49.8094 $51.3037 8th Step (10yr) $45.1638 $47.6555 $49.5676 $51.0546 $52.5863 Includes current NP staff hired prior to 1/1/03 A new step has been inserted between Step 6 and the last step of the current wage scale. The new Step 7, which is reached after seven years of service or two years at Step 6, is 1.25% above Step 6. The new last step, or Step 8 of the wage scale is 1.25% above the new Step 7 and reached after ten (10) years of service or three years at Step 7, based on time in title. As of 1/1/16 Wages rates for Steps 2 through 6 are 2.5% above the next lower step. The wage rate for Step 7 is 1.75% above Step 6. The wage rate for Step 8 is 1.25% above Step 7. Effective 1/1/19, the wage rate for Step 8 will be 1.5% above Step 7 and effective 1/1/20, the wage rate for Step 8 will be 1.75% above Step 7. Effective 1/1/2023, Step 7 will be 2% above Step 6 and Step 8 will be 2% above Step 7. Effective 1/1/2024, Step 7 will be 2.5% above Step 6 and Step 8 will be 2.5% above Step 7. Employees move to Step 7 after 7 years of service or 2 years at Step 6. Employees move to Step 8, after 10 years of service or 3 years at Step 7, based on time in title. A-1.02 All part-time employees will receive compensation directly proportional to the hours they work. A-1.03 Step Movement shall be annually on the employee’s anniversary date for Steps 1 through 6. Movement to Step 7 shall be on the employee’s anniversary date upon seven years of continuous service or two years at Step 6, based on time in title. Movement to Step 8 shall be on employee’s anniversary date upon ten (10) years of continuous service or three years at Step 7, based on time in title. A-1.04 Per diems who are working as RNs or as PHNs shall be placed on the wage scale in accordance with 8.01 B Experience and Education: Entitlement and Amount and shall receive an additional fifteen percent (15%) differential. ---PAGE BREAK--- 36 A-1.05 The minimum increase upon promotion from one job classification to a higher rated job classification shall be one thousand dollars ($1000.00). The Employer, with agreement of the Association, may place upon promotion an employee on a step(s) higher than the step which would produce the minimum required increase. ---PAGE BREAK--- 37 APPENDIX B LONGEVITY SCHEDULES FOR EMPLOYEES ON APPENDIX A SALARY SCHEDULE Employees in positions listed on the Cortland County Salary Schedule, Appendix A, herein, shall be entitled to receive longevity payment when they have completed at least fifteen (15) years of continuous County employment, or as defined in 3.16 Re-hire. Longevity payments shall commence in the year in which the employee becomes eligible. Employees who move from less than half-time to half-time or more will receive service credit for longevity purposes from the initial part time date of hire as long as the service is continuous. Only regularly scheduled employees who are on the County payroll and employees on approved leave without pay at the time of longevity payment will be entitled to the longevity benefit. Employees who retire prior to the longevity payment will receive a prorated amount at the time of retirement based on his/her date of retirement. Longevity payments shall be made according to the schedule below. Years of Service Annual Amount At least 15 but less than 20 $1,500 At least 20 but less than 25 $2,000 At least 25 but less than 30 $2,500 At least 30 but less than 35 $3,000 At least 35 but less than 40 $3,500 Longevity payments shall be made by the County in one lump sum payment in a separate paycheck to the employee in the payroll period after the employee’s anniversary date. (Example: Anniversary date is April 10. For 2006, pay period #9 includes 4/10-4/23 and the pay date is 4/27/06. However, the longevity payment will be issued on the next pay date, which is 5/11/06.) Longevity is not calculated in the rates for overtime. Employees covered by this Agreement who are less than full-time shall receive a prorated value of the full-time equivalent of the full-time hours. A leave of absence without pay will not affect longevity. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 40 Individual Overtime Agreement as attached. The parties enter into this Agreement for the purpose of promoting quality patient care and employee job satisfaction. It is anticipated that nurses choosing this option will be able to better meet the needs of their patients while at the same time enjoy a more flexible work schedule. Nothing in this Agreement nor its implementation is intended to negatively impact other nurses in the program to which the nurse electing this option is assigned, nor will any nurse selecting this option receive repetitive unanticipated assignments merely due to the selection of this Agreement. This option shall become effective January 1, 2009 with an implementation date of the pay period beginning April 6, 2009. Joint informational meetings by management and the Association to the nurses will be held in the month of January. It is recognized such informational meeting may need to be provided multiple times or days to reach all staff. Application for this Agreement shall be made by interested nurses February 1 – 15. All applications will be considered. Management in each program will determine if the applications are feasible for that work area and notify each individual nurse who applied whether or not their application is accepted. The parties recognize that every application may not be approved due to the needs of the particular program. If more applications are received for identical proposed hours in a particular program than can be approved, the more senior applicant(s) shall first be approved. Following the initial implementation/application process, all other requests for an individual overtime agreement will be considered as they are received. The County will provide to the Association a list of all nurses electing to participate in this Agreement, the normal hours of work agreed upon, and the program in which the nurse is assigned following the initial implementation period. In addition the County will notify the Association when such an agreement is ended by either the nurse or management. The parties agree to discuss the effect/impact and participation of this individual overtime agreement program in their regularly scheduled labor management committee meetings. ---PAGE BREAK--- 41 MEMORANDUM OF AGREEMENT BETWEEN THE NEW YORK STATE NURSES ASSOCIATION AND COUNTY OF CORTLAND (Individual Overtime Agreement) This Memorandum of Agreement modifies the collective bargaining agreement between the parties dated July 1, 2022 – December 31, 2026. It is agreed that individual nurses in Cortland County may elect to be exempt from the provisions of Article 5, Section 5.02 Regular Compensation Rate: Overtime Work by mutual agreement with the Department Head, or designee. Such exemption shall become effective only upon the signing of an "Individual Overtime Agreement," as follows: SUBJECT: INDIVIDUAL OVERTIME AGREEMENT It is agreed that , as (title) chooses to work a flexible schedule. Therefore, it is agreed that the above-named nurse shall be exempt from the provisions of Article 5, Section 5.02 Regular Compensation Rate: Overtime Work and shall be paid time and one-half (1½) for all hours worked in excess of seventy five hours (75) hours in a pay period. The nurse’s planned work schedule shall be determined at the time this agreement is signed. It is understood this schedule may vary dependent on client/staff needs. Such changes shall be reported to the supervisor in advance when possible or as soon as practicable after the occasion. For purposes of this agreement all paid time shall be included in the computation of seventy five (75) hours in a pay period. This agreement is intended for regularly scheduled work hours, it does not include those hours a nurse may be required to be on-call or assigned last minute visits. This agreement is subject to review every three months and may be terminated by either party at that time. If the decision to terminate this agreement affects the posted schedule, the manager and the nurse will mutually agree when this agreement will be terminated, understanding that this will occur as soon as possible. (signature of nurse) (date) (for Department head or designee) (date) (for NYSNA) (date) ---PAGE BREAK--- 42 Index A Agreement Construction 31 Agreement Scope 1 Agreement: Printing 31 AMENDMENT 31 Association Business: Bulletin Board 2 Association Business: General Representative 2 Association Business: Local Representative 2 Association Dues Deduction 1 Association Membership 1 ASSOCIATION STATUS 1 B Bereavement Leave: Amount 14 Bulletin Board 2 BUSINESS OR EMPLOYMENT INTERRUPTION 26 C Civil Proceeding Testimony 15 Classification: General 2 Classification: Part-time Employee 2 Classification: Per Diem Employee 3 Classification: Regular Employee 2 Closing of the Worksite(s) 23 Committee on Nursing Practice 27 CONTINUATION OF BENEFITS 31 D Definitions 30 Dental Insurance 17 E EFFECTIVE DATE AND DURATION 32 EMPLOYEE STATUS 2 Establishing Variation in Normal Workday/Workweek 8 EXECUTION 32 Experience and Education Differential: Entitlement and Amount 21 ---PAGE BREAK--- 43 F Family and Medical Leave Act See Leave of Absence G Grievance Adjustment Definitions 28 Level I (Informal Step) 28 Level II (Step I) 29 Level III (Step II) 29 Level IV 29 Level of Resolution 29 Procedure 28 Purpose 28 GRIEVANCE ADJUSTMENT 28 H HEALTH AND SAFETY 25 Employee Obligation 26 Employer Obligation 25 Health Examination 26 Health/Dental/Vision Insurance 17 Holidays: Compensation 11 Holidays: Designation 10 J Jury Duty 15 L Labor/Management Committee 27 Latex Allergy Prevention 26 Layoff and Recall 7 Leave for Death in Family: Procedure 14 Leave of Absence: Entitlement, Amount and Procedure 24 Letter of Understanding Disability Benefit Program 38, 39 Local Representative 2 Longevity Schedules Appendix B 37 M MANAGEMENT RIGHTS 31 Meal Period 24 Meeting Attendance 16 Meeting Facilities 30 ---PAGE BREAK--- 44 Meetings 30 Military Leave 15 Military Leave, Jury Duty or Civil Proceeding Testimony 15 MISCELLANY 30 MONETARY BENEFITS: COMPENSATION FOR TIME NOT WORKED 10 MONETARY BENEFITS: COMPENSATION FOR TIME WORKED 9 MONETARY BENEFITS: INSURANCE 17 MONETARY BENEFITS: MISCELLANEOUS 21 N New York State Nurses Association Disability Income Protection Plan 20 Non-Discrimination 30 Normal Workday 7 Normal Workweek 7 Notice to Employees 27 Notices 31 Nursing Practice Committee 27 P Pay Period 10 Personal Leave 14, 15 Personal Leave: Procedure 15 Personnel Records 6 Post-Probationary Period 3 Printing of Agreement 31 Probationary Period 3 Professional Liability Insurance 19 Q Qualifications 2 R Reassignment/Transfer of Position 3 Recognition 1 Regular Compensation Rate 9 Limitations 10 Overtime Work 9 Saturday, Sunday and Holiday Work 9 Regular Compensation Rates Appendix A 33 Re-hire 6 Rest Periods 16 S Safety Committee 27 ---PAGE BREAK--- 45 Seniority: Acquisition/Accrual/Rete 4 Seniority: Application 5 Seniority: Bidding and Posting 5 Seniority: Definition and Types 4 Seniority: Lists 5 Seniority: Loss 5 Separability 31 Shift Differential 10 Sick Leave: Amount 13 STAFF DEVELOPMENT 27 Staff Development Committee 27 Statutory Insurance 17 T Terminal Benefits 24 Transfer of Position 3 Transportation Allowance 22 Tuition Refund: Entitlement and Amount 21 U Uniform Allowance 22 UNPAID TIME OFF 24 V Vacations: Amount 12 Vacations: Pay 13 Vacations: Scheduling 13 W WAGES 32 Work Obligation: Employee 7 WORK TIME 7 Workers’ Compensation 20 Workplace Violence 26