Feb 1, 2007 11:54 AM
The following provisions of this Agreement are applicable to mental health workers:
Article One, Union Recognition
Article Two, Fair Practices
Article Three F 3, Health Care Flexible Spending Account
Article Three F 4, Dependent Care Assistance Program
Article Three H, Damage or Destruction of Property
Article Three J 2, Transportation Benefit Program
Article Three K, Performance Incentives Committee
Article Four D, Pension Legislation
Article Four E, Tax Deferred Annuity Plan
Article Four F Pension Benefits Agreement and Deferred Compensation Plan
Article Eight, Safety and Health
Article Nine C, Reduction of Paperwork
Article Nine F, Referral of Students for Evaluation
Article Nine G, Labor Management Committee on Long Term Reforms
Article Ten A7, Ten A12, Ten A13, and Ten A14 Cumulative Absence Reserves and Sick Leave
Article Ten F, Military Service Pay
Article Ten G, Payment for Jury Duty
Article Thirteen, Union Activities, Privileges and Responsibilities
Article Seventeen H, Expansion of Procedure to Include Supervisors
Article Twenty-Four, Conformity to Law-Saving Clause
Article Twenty-Five, No-Strike Pledge
Article Twenty-Six, Definitions
Article Twenty-Seven, Notice-Legislative Action
Article Twenty-Eight, Copy of Agreement
Article Twenty-Nine, Incorporation of Determination and Award
Article Thirty, Duration
Mental health workers are administrative employees of the Board and as such are covered by the Rules and Regulations for Administrative Employees (Non-Pedagogical).
Effective February 2006 mental health workers shall have their daily forty minute lunch periods reduced by ten (10) minutes.
1. Employees in the title of Mental Health Worker shall receive the following salaries:
Effective Min. Max.
September 1, 2002 $29,928 $32,634
December 1, 2003 $30,527 $33,287
December 1, 2004 $31,595 $34,452
November 1, 2005 $33,333 $36,347
October 1, 2006 $34,417 $37,529
2. Employees with 15 years or more of Board and City service shall receive a longevity increment as follows:
Effective Amount
September 1, 2002 $889
December 1, 2003 $907
December 1, 2004 $939
November 1, 2005 $991
October 1, 2006 $1,022
1. The Board will provide funds on a pro-rata basis per month for full-time per annum employees, on behalf of each mental health worker covered by this agreement, whether a member of the Union or not, for the purpose of making available for each such employee supplemental welfare benefits under a plan devised and established jointly by representatives of the Board and of the Union.
2. The Board will provide for such purposes funds at the same rate per year per each such employee as it provides for other administrative employees represented by the United Federation of Teachers.
3. Employees who have been separated from service subsequent to January 1, 1971, and who were covered by a welfare fund at the time of such separation pursuant to a separate agreement between the Board and the certified Union representing such employees, shall continue to be so covered, subject to the provisions hereof, on the same contributory basis as incumbent employees. Contributions shall be made only for such time as said individuals remain primary beneficiaries of the Board’s Health Insurance Program and are entitled to benefits paid for by the Board through such Program.
The Health Benefits Agreement, dated July 22, 2005 is deemed to be part of this Agreement. The side letter agreements between the City Commissioner of Labor Relations James F. Hanley, and UFT President Randi Weingarten, dated June 30, 2004 and July 13, 2005, are deemed to be part of this Agreement. Pursuant to those Agreements, the parties have agreed to a series of payments to the Welfare Fund.
Pursuant to the Municipal Labor Coalition Benefits Agreement, the Union Welfare Fund shall provide welfare fund benefits equal to the benefits provided on behalf of an active Welfare Fund-covered employee to widow(ers), domestic partners and/or children of any active Welfare Fund-covered employee who dies in the line of duty as that term is referenced in Section 12-126(b)(2) of the New York City Administrative Code. The cost of providing this benefit shall be funded by the Stabilization Fund.
Employees shall receive a copy of any evaluatory statement of their work performance or conduct which is placed in their permanent personnel folder. Employees shall be given an opportunity to answer any such evaluatory statement placed in their folder, and their written answer shall be attached to the evaluatory statement in the folder.
Employees may not grieve material in file. However, the employee shall have the right to append a response to any letter. If disciplinary charges do not follow, the letter and response shall be removed from the file three years from the date the original material is placed in the file.
Knowingly false accusations of misconduct against employees will not be tolerated. If an accusation of sexual misconduct or physical abuse against an employee is found by the Board or Special Commissioner of Investigation to have been knowingly false when made, the Board will take the following actions to restore the falsely accused employee’s reputation: removing all references to the charges from the employee’s personnel file(s) and adding evidence of the unfounded nature of the charge to any Board files that may have to be maintained to satisfy other legal requirements, if any; and restoring any back pay owed with interest and, at the employee’s request, confirming to any regulatory agency the finding that the employee was falsely accused. In addition, where the knowingly false accusation was made by a student of the employee, absent compelling and extraordinary circumstances the student will be permanently reassigned from the employee’s class.
It is the policy of the Board to encourage discussion on an informal basis between a supervisor and an employee of any employee complaint. Such discussion should be held with a view to reaching an understanding which will dispose of the matter in a manner satisfactory to the employee, without need for recourse to the formal grievance procedure. An employee’s complaint should be presented and handled promptly and should be disposed of at the lowest level of supervision consistent with the authority of the supervisor. In order to accomplish its stated purpose, a grievance conference must be attended by those individuals who may be able to promote resolution or, if resolution is not possible in a particular case, to provide the necessary information for a fair determination of the grievance. At the Chancellor’s level, principals and superintendents will be expected to attend or to have a suitable representative present at the conference. Failure to attend may result in sustaining the grievance on procedural grounds.
Upon request to the appropriate supervisor or regional administrator, a Union staff representative shall be permitted to meet with employees in the unit during their non-working time, within the region, for the purpose of investigating complaints and grievances, under circumstances which will not interfere with the program. When necessary, any employee in the unit who is a regional chair in the region in which the aggrieved employee is assigned will be given time off to represent the employee in the presentation of his/her grievance.
It is desirable that any employee having a complaint should discuss it informally with his/her immediate supervisor or with any other appropriate level of supervision in the region.
The employee should request an opportunity to discuss the matter, and the supervisor should arrange for the discussion at the earliest possible time. At such informal discussion, the employee may be accompanied by a Union representative or by another employee in the unit who is not an official or agent of another employee organization. The Union representative shall be the regional chair in the region or his/her alternate.
The objective should be to dispose of the majority of employee complaints in this manner.
If the matter has not been disposed of informally, an employee having a complaint concerning any condition of employment within the authority of the Board of Education may, within a reasonable period of time following the action complained of, present such complaint as a grievance in accordance with the provisions of this grievance procedure.
Complaints concerning matters which are not within the authority of the Board should be presented in accordance with the review procedures of the agency having authority over such matters.
The grievance procedure does not apply to complaints concerning disciplinary matters, performance ratings, or out-of-title work assignments.
Complaints of employees, who have served the full and appropriate probationary period prescribed by or in accordance with law, concerning disciplinary matters shall be disposed of in accordance with Section 5.3.3 of the by-laws of the Board. Complaints concerning performance ratings shall be processed in accordance with Section 5.3.4 of the by-laws of the Board and may thereafter be brought to the New York City Civil Service Commission. Complaints concerning out-of-title work assignments shall be referred for decision to the Executive Director of Human Resources and his/her decision may thereafter be appealed to the New York City Civil Service Commission. It is understood, however, that complaints of employees in title against out-of-title assignments made to other employees are subject to the grievance procedure.
If a group of employees has the same complaint, a member of the group may present the grievance in the group’s behalf under this procedure.
The Union has the right to initiate or appeal a grievance involving alleged violation of any term of this agreement. Such grievance shall be initiated with such Board official as may be appropriate.
Following is the procedure for presentation and adjustment of grievances:
Step 1
The employee shall initiate the grievance at Step 1 with his/her supervisor or the regional administrator as may be appropriate.
Step 2
If the grievance is not resolved at Step 1, the aggrieved employee may appeal from the decision at Step 1 to the Chancellor within 10 school days after the decision at Step 1 is received.
When a grievance is appealed to the Chancellor at Step 2, the Union may advise the arbitrator of that appeal, in order to expedite possible scheduling before the arbitrator in the event that the grievance is subsequently appealed to the arbitrator.
At each step, the employee may be accompanied by a Union representative or by an employee in the bargaining unit who is not an official or agent of another employee organization. At Step 1, the Union representative shall be the regional chair in the region. At Step 2, the Union representative shall be a Union staff representative.
At each step of this grievance procedure, a conference shall be arranged by the Board representative, or his designee, with the aggrieved employee and his representative, if any. Conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend. When such conferences are held during working hours, employees who participate shall be excused with pay for that purpose.
Every attempt should be made to reach a mutually satisfactory resolution of the grievance at the conference held under this procedure. If the grievance is not resolved at the conference, then a decision must be rendered by the Board representative. The decision at each step should be communicated to the aggrieved employee and his/her representative within the following time limits:
1. At Step 1, within five school days after the grievance is initiated;
2. At Step 2, within ten school days after the appeal is received;
If a satisfactory resolution is not reached or if a decision is not rendered within the time limit at Step 1 or 2, the employee or the Union, as applicable, may appeal the grievance to the next higher step.
A grievance which has not been resolved by the Chancellor at Step 2 may be appealed by the Union to arbitration. A grievance may not be appealed to arbitration unless a decision has been rendered by the Chancellor at Step 2, except in cases where the decision on the grievance has not been communicated to the aggrieved employee and his/her representative by the Chancellor within the time limit specified for Step 2 appeals.
The appeal to arbitration shall be within ten (10) school days after receipt of the decision of the Chancellor. Where no hearing has been held, or no decision has been issued, within ten (10) school days following receipt of the grievance by the Chancellor at Step 2, the appeal to arbitration shall be filed within ten (10) school days following the expiration of the ten (10) day period.
A panel of seven arbitrators shall be designated by mutual agreement of the parties to serve for any case or cases submitted to them in accordance with their ability to promptly hear and determine the case or cases submitted.
Any costs relating to the participation of the arbitrator shall be shared equally by the parties to the dispute.
With respect to grievances which involve the application or interpretation of the provisions of this agreement, the arbitrator shall be without power or authority to make any decision:
1. Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this agreement or of applicable law or rules or regulations having the force and effect of law;
2. Involving Board discretion under the provisions of this agreement, under Board by-laws, or under applicable law, except that the arbitrator may decide in a particular case whether the provision was disregarded or applied in a discriminatory, arbitrary or capricious manner so as to constitute an abuse of discretion, namely whether the challenged judgment was based upon facts which justifiably could lead to the conclusion as opposed to merely capricious or whimsical preferences or the absence of supporting factual reasons.
3. Limiting or interfering in any way the powers, duties and responsibilities of the Board under its by-laws, applicable law, and rules and regulations having the force and effect of law.
With respect to grievances which involve the application or interpretation of the provisions of this agreement, the decision of the arbitrator, if made in accordance with his/her jurisdiction and authority under this agreement, will be accepted as final by the parties to the dispute and both will abide by it.
With respect to all other grievances, if the grievance is not resolved at the conference, then a report and recommendation of the arbitrator shall be transmitted to the Chancellor. Within ten school days after the date that the report and recommendation are received by the Chancellor, he shall indicate whether he will accept the arbitrator’s recommendation. Unless the Chancellor disapproves the recommendation within ten school days after the date it is received by him the recommendation shall be deemed to be his decision.
A recommendation of the arbitrator which has been approved by the Chancellor, or which has not been disapproved by the Chancellor within the ten-day limit specified above, shall be communicated to the aggrieved employee and the Union. If the Chancellor decides to disapprove a recommendation of the arbitrator, he shall notify the aggrieved employee and the Union of his decision.