WHERAS, FMCC (College) and CSEA, Local 1000 AFSCME, AFL-CIO have been negotiating the terms and conditions of a successor collective bargaining agreement to the present collective bargaining agreement effective September 1, 2019-August 31, 2023.

WHERAS, the parties have reached agreement with respect to the terms and conditions and wish to memorialize them in a memorandum of agreement:

NOW, THEREFORE, the parties agree as follows: All other contract language remains intact with the exception of the following:

Article III Rights of Association and Employees

Replace (F) with: The College agrees to make all dues deductions in accordance with all applicable laws. Dues will be transmitted to CSEA, Inc., 143 Washington Avenue, Albany, New York at least monthly in a separate check. A listing of employees covered shall accompany each check.

Article IV Wage and Salary Schedule:

A. Effective 9/01/19 the base annual salary (not including longevity) of returning bargaining unit members shall be increased by 2 %. Effective 9/01/20 the base annual salary (not including longevity) of returning bargaining unit members shall be increased by 2 %. Effective 9/01/21 the base annual salary (not including longevity) of returning bargaining unit members shall be increased by 2 %. Effective 9/01/22 the base annual salary (not including longevity) of returning bargaining unit members shall be increased by 2 %. The salary schedule shall be increased by 2% of the base annual salary increases for each year of the agreement.

D. Longevity. An annual longevity increment in the amount of $350 will be granted full-time employees commencing the fifth (5th) or subsequent year of continuous service with the College, continuing through the fifteenth (15th) year of service. An annual longevity increment in the amount of $400 will be granted full-time employees, commencing the sixteenth (16th) year of continuous service with the College and continuing through the twentieth (20th) year of service. In addition, commencing the twenty-first year (21st) of continuous service with the College, an annual longevity increment of $500 will be granted to full time employees and for each subsequent year. This benefit is not retroactive or accumulative.

G. Retirement Incentive: “Employees with a maximum of ten (10) years full-time continuous service with the College may elect early retirement and receive $100. per year for each of the first ten (10) years of service and $150 for each year thereafter, up to a maximum of $1,750. Notice of early retirement must be given at least three months prior to this retirement date. Payments shall be made in the employee’s final payroll check.

Notice of early retirement must be given at least three months prior to this retirement date. Payments shall be made in the employee’s final payroll check.

Article V Health Insurance

Add : A. (3) New full time employees hired on or after September 1, 2019 shall pay 10% of the health insurance premium of both (or either) the individual and dependent coverage for the duration of their employment.

D. Replace “An employee may elect to resume coverage in the College’s hospitalization and major medical insurance plan on the first day of the following month provided the employee gives the College a minimum of five business days’ notice. The employee shall be subject to any terms, conditions and/or limitations pertaining to preexisting medical conditions as set forth in the contracts issued by the carrier.”

With: “An employee may resume coverage only during the Open Enrollment Period. The employee shall be subject to any term, conditions and/or limitations pertaining to preexisting medical conditions as set forth in the contracts issued by the carrier.”

Article VI Fringe Benefits

B Sick Leave B (3). Replace “Certification may be evaluated in conjunction with the circumstances of the absence to determine legitimate use of leave. Where an employee has demonstrated misuse of sick leave accruals during this fiscal year, the employee shall be counseled by management and shall be notified in writing that the employee may be required to provide a doctor’s certificate for each future absence for a period of no more than six months from the date of written verification. At the conclusion of the six month period attendance will be reevaluated and if the employee has demonstrated proper use of accruals, the College shall notify the employee in writing that misuse has ceased. If misuse is deemed to have continued, the requirement to bring in doctors certification may be renewed for another six month period and will be reevaluated. Misuse of sick leave may be subject to discipline.”

With: B (3) The attendance policy applies an occurrence system whereby an employee that violates an attendance rule is automatically assessed an occurrence. Accumulating a certain number of occurrences as outlined below will lead to progressive, corrective action. Occurrences Defined:

  1. Tardiness of more than seven (7) minutes. Time tardy can be made up at the end of the shift with supervisor’s approval, however, time tardy will still be counted as an occurrence.
  2. Unauthorized absence for a shift or part of a shift.
  3. Authorized use of sick time: The employee is not in attendance for any portion of a shift for a period of two hours or more due to sick time use. A continuous absence for the same medical reason will be treated as a single occurrence.
  4. Exclusions: Jury duty, military leave, time off to vote, absence due to lack of work, administrative leave , approved and properly utilized (per notification rules) vacation or personal leave time, an absence due to approved Family Medical Leave, Workers Compensation or Disability leave, annual cancer screen appointments per NYS law, or for bereavement are excluded from above. The College reserves the right to designate other rare exclusions, especially to maintain compliance with evolving local, state, or federal law.

Correction Action In Response to Occurrences:
Corrective Action Number of Occurrences Within Fiscal Year
Verbal Counseling 6
First Written 8
Second Written 10
Two Day No Pay Suspension 12
Discharge 14

Progressive discipline will continue for those persons with 10 occurrences or more within a fiscal year until such time that occurrences within a twelve (12) month period are less than six (6), at which time the number of occurrences and disciplinary process resets to Zero (0).

Correction Action Further Defined:

  • When a “Two day suspension is imposed” the College will expressly advise the employee in writing within five (5) working days of the employee returning from the occurrence and his/her immediate supervisor and the CSEA, that if the employee has a fourteenth occurrence within the fiscal year the disciplinary step will be discharge.
  • Prior to imposing the penalty of discharge, the College will conduct an impartial investigation into the employee’s discharge occurrence to determine the reasons for the discharge absence and whether it supports the penalty of discharge (e.g. the discharge occurrence was beyond the employee’s control). If not, the College, with discretion, will provide a different appropriate penalty, if any.
  • Prior to discharge, the College will review the employee’s underlying occurrences and determine whether some or all of them were excusable and then determine whether discharge or some other lesser penalty, or no penalty, is appropriate.
  • If the College determines that unusual circumstances exist that warrant more severe discipline than provided in the attendance policy, it shall expressly so advise the employee in writing and his/her immediate supervisor and the CSEA that the next disciplinary occurrence will result in discharge.
  • Under appropriate circumstances, as determined by the arbitrator and set forth in writing, the arbitrator may modify the penalty imposed, including but not limited to increasing or decreasing the penalty.
  • CSEA and the College will reconvene in one year from the effective date of the contract to consider the effectiveness of the attendance policy.

Attendance Incentive: All bargaining unit members shall be eligible for this incentive. Part time employees shall receive a prorated amount of time based upon hours worked. The chart below identifies the number of additional vacation days that shall be gained based upon the number of occurrences that occur during the fiscal period.

Number of Occurrences Number of Vacation Days Gained

0 – 1    3 Days
2 - 3    2 Day
4         1 Day

B (6) Replace “Notice of retirement must be given no later than September 1st prior to retirement”.

With: “Notice of retirement must be given in writing at least three (3) months prior to retirement.”

B (9) Replace: “Employees shall be required to notify their supervisor at least one-half (1/2) hour prior to the start of the shift they are requesting sick leave.”

With “Employees shall be required to notify their supervisor at least two (2) hours prior to the start of the shift they are requesting sick leave.”

B (10) Replace “An employee must use all available leave credits before using a no pay sick day.”

With “ An employee must use all available leave credits, subject to the notification rules of the respective leave types, before using a “no pay” sick day.”

G. Funeral Leave

Replace (3) Immediate Family” is understood to include, parent, child, spouse, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative living in the household of the employee.

With: “Immediate Family is understood to include, parent, child, spouse, brother, sister, grandparent, grandchild, in-law, step family, or any relative living in the household of the employee.”

I. Vacations

Replace (1) “Vacation requests shall be submitted in writing on a form provided by the College”. Summer vacation (June through August) requests shall be submitted by May 15th. Vacation shall be granted on the basis of seniority on each shift. Requests for full weeks of vacation by less senior employees shall be given preference over single vacation day requests by more senior employees.

With (1).Summer vacation (June through August) requests shall be submitted by May 15th. Vacation shall be granted on the basis of seniority on each shift. Requests for full weeks of vacation by less senior employees shall be given preference over single vacation day requests by more senior employees. Vacation requests for non-summer vacation days (all months other than June, July, or August) must be provided at least twenty-four (24) hours in advance of the vacation day(s) being requested. Vacation requests shall be submitted in writing on a form provided by the College or via text, email, or voice mail, provided the communication includes a time stamp.

(2) All permanent and continuous employees shall be granted a vacation in accordance with the following schedule:

10 days after 1 year;
15 days after 5 years;
20 days after 10 years;

P. Leave for Association Business:

Replace “The College will allow an aggregate five (5) work days off with pay to CSEA officers employed at the College for purposes of attending CSEA conventions, workshops, or Executive Board meetings; provided, however, the College is given at least forty-eight (48) hours advance notification. Only one CSEA officer is to be permitted time off at any one time.”

With ““The College will allow an aggregate five (5) work days off with pay to CSEA officers employed at the College for purposes of attending CSEA conventions, workshops, or Executive Board meetings; provided, however, the College is given at least forty-eight (48) hours advance notification. When a CSEA officer works on second or third shift, an additional forty (40) hours or five (5) days shall be applied to the aggregate of the five (5) work days. This will allow for a total of eighty (80) hours for those officers that may work second or third shift. Only one CSEA officer is to be permitted time off at any one time.”

S. Tardiness

Replace “Employees who are unable to report to work on time, shall be required to notify their supervisor one-half (1/2) hour prior to the start of their scheduled shift.”

With: “ Employees who are unable to report to work on time, shall be required to notify their supervisor two (2) hours prior to the start of their scheduled shift.”

Article VII Employment Policies

  1. Work Schedule and Hours
    Add A (6) An Employee that is absent without notice for three (3) consecutive, scheduled work days, shall be considered as having abandoned his/her job, and the College will treat this as a voluntary separation.
     
  2. (2) Snow Emergencies

    Replace: “Employees who actually work during the snow emergency shall receive two times their regular rate of pay for those hours worked during such officially closed hours. For purposes of application of this paragraph, day class closing affects first shift maintenance employees and evening class closing affects second shift maintenance employees. Reasonable judgment shall be used in the application of snow days to third shift employees.”

    With: “Employees who actually work during times the College is closed for an emergency shall receive two times their regular rate of pay for those hours worked during such officially closed hours. For purposes of application of this paragraph, day class closing affects first shift maintenance employees and evening class closing affects second shift maintenance employees. Reasonable judgment shall be used in the application of emergency work time for third shift employees.”

Appendices that include signed Memorandums of Agreements:

It is agreed that the following MOA’s will be incorporated into relevant sections of the successor agreement:

  1. Appendix C MOA Implications of forgoing language
  2. Appendix E MOA regarding NY44 Trust.
  3. Appendix F MOA regarding Job Posting.
  4. Appendix G MOA regarding Supplemental Part Time Employees.
  5. Appendix H MOA regarding Liberty ARC.
  6.  Appendix K MOA regarding Health Insurance Buyouts _________________________________________________________________

It is further understood that upon agreement by both Negotiating Committees, that this agreement must be approved by the CSEA Members at large, the FMCC Board of Trustees, the Montgomery County Legislature and the Fulton County Board of Supervisors. _________________________ 

Ryan Weitz 
Edward Herbert 
Dustin Swanger 
Vincent DePalma 
Edmund Jasewicz  
Darrin Whitehouse  
Nicole Yaggle 
William Waldron 
David Morrow
Jason Rauch
Joshua Fleming 

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