ARTICLE ELEVEN

May 22, 2006 4:59 PM

II. Education Administrators

 

A.  Applicability

      Education Administrators covered by this Agreement are all non-supervisory Education Administrators at Level I.

B.  Salaries

      1. Salary Adjustments, Ranges and Longevities

      a. During the term of this Agreement the salary range exclusive of longevities applicable to Education Administrators (Level I) in the unit shall be:

Effective Date               Minimum            Maximum

Current                            $67,167               $83,590

December 1, 2003          $68,510               $85,262

December 1, 2004          $70,908               $88,246

November 1, 2005          $74,808               $93,100

October 1, 2006             $77,242               $96,129

      b. Incumbent increases during the term of this Agreement shall be:

                        Effective Date                  Increase

                        December 1, 2003.................. 2%

                        December 1, 2004............... 3.5%

                        November 1, 2005............ ...5.5%

                        October 1, 2006….......... .3.254%

      c. Appointed Education Administrators are eligible for a twenty (20) year longevity increment in the amount set forth below in accordance with Appendix A II C:.

                        Effective Date..................Amount

                        Current.............................  $3,637

                        December 1, 2003............ $3,710

                        December 1, 2004............ $3,840

                        November 1, 2005...........  $4,051

                        October 1, 2006............... $4,183

      Education Administrators are eligible for a 22 year longevity increment in the amount set forth below in accordance with Appendix A II C:

                        Effective Date..................Amount

                        Current...............................$4,454

                        December 1, 2003............. $4,543

                        December 1, 2004............. $4,702

                        November 1, 2005............  $4,961

                        October 1, 2006................ $5,122

      2. Initial Appointment or Assignment

      Education Administrators newly assigned or appointed during the term of this Agreement shall be placed at the minimum of the applicable range except:

      a. E.A.’s whose service immediately prior to assignment or appointment as an E.A. was with the Board shall receive a 10% salary increase or the minimum salary of the range, whichever is greater.

      b. E.A.’s with service immediately prior to assignment or appointment as an E.A. in a non-Board position related to their E.A. position may receive up to 10% more than their salary in the related position.

      c. If, prior to appointment or assignment to a job, it is established that the scope of the duties and responsibilities of the job are substantially greater than the scope of the duties and responsibilities of related jobs at the minimum of the applicable salary range, a higher salary rate shall be set, consistent with the scope of the duties and responsibilities, following audit and review by the Division of Human Resources and after consultation with the Union and the approval by the Chancellor.  In case of disagreement as to the determination or the rate, the dispute may be submitted for a determination through the grievance and arbitration procedure.  Pending final determination of the dispute, the minimum of the applicable range shall be paid.  It is understood that the salary above the minimum is set for the specific job.

      d. Salary placement pursuant to paragraph a, b, or c above shall not exceed the maximum of the applicable range.

C.  Benefits and Working Conditions

      Education Administrators shall be covered by the provisions of this Agreement except:

      1. Only the following provisions of Article Three entitled “Salaries and Benefits of Day School Teachers’’ shall apply: Section G, “Health Insurance and Welfare Benefits’’; Section H, “Reimbursement for Medical Expenses”; Section I, “Damage or Destruction of Property’’; Section K2 “Transit Benefit Program”; Section L, “Salary Payment,” (Paragraphs 1 and 3); and Section M “ Performance Incentives Committee”.

      2. Only the following provisions of Article Five entitled “Licensure, Assignment and Appointment’’ shall apply: Section E, “Withdrawal of Resignation and Subsequent Reappointment’’ subject to the procedures set forth in Chancellor’s Regulation C-30; Section F, “Absence without Notice’’; and Section G, “Return to Former License of Appointment.’’

      3. Only the following provisions of Article Seven entitled “Programs, Assignments and Teaching Conditions in Schools and Programs’’ shall apply: Section I, “Acting Supervisory Positions’’ to be applicable to district offices and central headquarters Section P, “Regular Part-Time Assignments for Appointed Teachers’’ (to the extent consistent with status as an Education Administrator) and Section S, “Additional Facilities.’’

      4. Only the following provisions of Article Eight entitled “Education Reform’’ shall apply: Section I, “Reduction of Paperwork’’; Section J, “Evaluation/Observation System and Section L, “Labor/Management Committee on Long Term Reforms. ’’

      5. Only Part II of this Article Eleven shall apply.

      6. Only the following provisions of Article Sixteen entitled “Leaves’’ shall apply: Section F, “Military Service Pay’’; and Section G, “Payment for Jury Duty’’.

      7. Only the following provisions of Article Seventeen entitled “Retention, Excessing and Layoff’’ shall apply: Section B, “Excessing Rules—Appointed Teachers’’; Section C, “Appointment to New Program, License or Title’’; and Section D, “Layoff’’.

      8. Only Section A, "General Transfers" and Section D, “Hardship Transfers,’’ of Article Eighteen entitled “Transfers and Staffing’’ shall apply.

      9. Article Nineteen, entitled “Union Activities, Privileges, and Responsibilities’’ shall apply except for Section B, “Time for Union Representatives’’ and Section C, “Leaves of Absence for Union Officers’’.

      10. The following Articles shall not apply: Article Six entitled “Hours’’; Article Nine entitled “Procedures for Handling Special Behavior Problems’’; Article Twelve entitled “Schools and Programs with Modified Work Schedules‘’; Article Thirteen entitled “Working Conditions of Per Diem Substitutes, Substitute Vocational Assistants, and Teacher’s Assistants’’; Article Fourteen entitled “Rates of Pay and Working Conditions of Adult Education Teachers’’; Article Fifteen entitled “Rates of Pay and Working Conditions of Per Session Teachers’’; and Article Twenty-Four entitled “Professional Conciliation’’.

D.  Workweek

      The hours of work for Education Administrators shall be thirty-six and two-thirds hours per week (thirty-seven and one-half hours per week effective February 2006), exclusive of a daily forty-minute (effective February 2006, thirty minute) lunch period.

E.   Workyear

      Education Administrators shall have a workyear beginning September 1 and ending the following August 31.

      Education Administrators will be paid for all Board of Education holidays and all other days on which their office is closed for special observance or emergency pursuant to action of the Chancellor or community superintendent.

F.   Sick Leave

      1. A sick leave allowance of one day per month of service shall be credited to Education Administrators and shall be used only for personal illness of the employee.

      2. Effective September 2002, Education Administrators may use two of the sick days allowed per year for the care of ill family members.

      For the purpose of this provision, family member shall be defined as: spouse; natural, foster or step parent; child; brother or sister; father-in-law; mother-in-law; any relative residing in the household; and domestic partner, provided such domestic partner is registered pursuant to the terms set forth in the New York City Administrative Code Section 3-240 et seq.

      3. Sick leave allowance is cumulative up to 200 days

      4. Proof of illness may be required for absences of more than three consecutive workdays.

      5. The normal unit of charge against sick leave allowance is one-half day.  However, the Education Administrator’s immediate supervisor may approve the use of units of one hour.

      6. In the calculation of sick leave allowance, a full month’s credit shall be given to an Education Administrator who has been in full pay status for at least 15 calendar days during that month, provided that: (a) where an Education Administrator has been absent without pay for an accumulated total of more than 30 calendar days in the workyear, he/she shall lose the sick leave credits earnable in one month for each 30 days of such accumulated absence even though in full pay status for at least 15 days in each month during this period, and (b) if an Education Administrator loses sick leave allowance under this rule for several months in the workyear because he/she has been in full pay status for fewer than 15 days in each month, but accumulated during said months a total of 30 or more calendar days in full pay status, the Education Administrator shall be credited with the sick leave allowance earnable in one month for each 30 days of such full pay status.

      7. Where an Education Administrator is hospitalized on annual leave the period of such verified hospitalization shall be charged to sick leave and not to annual leave. Where an Education Administrator is seriously disabled but not hospitalized while on annual leave and providing the Education Administrator submits proof of such disability satisfactory to the Executive Director of Human Resources, written approval of the Executive Director may be given to charge such leave time to sick leave and not to annual leave at the employee’s option.

      8. Sick leave allowances accumulated in another Board or City position shall be transferred to the employee’s bank when he/she becomes an Education Administrator.

      9. At the discretion of the Executive Director of Human Resources and upon the recommendation of the appropriate superintendent:

      (a) Education Administrators who have exhausted all earned sick leave balances may be permitted to use unearned sick leave allowance up to the amount earnable in one year of service, chargeable against future earned sick leave; and

      (b) Education Administrators may also be granted sick leave with pay for three months after 10 years of City service, after all credits have been used.  In special instances, sick leave with pay may be further extended, with the approval of the Executive Director of Human Resources.  The Executive Director shall base the determination in this matter on the nature and extent of illness and the length and character of service. Such extension, if granted, may not exceed nine months.

G.  Annual Leave

      1. Except as otherwise provided in subsection 2 of this Section G, Education Administrators shall have an annual leave allowance as follows:

      a.   The annual leave allowance for Education Administrators hired on or after September 9, 1985 shall accrue as follows:

 

Years in Service	Monthly Accrual	Annual Leave Allowance
At the beginning of the employee’s first year	One (1) day per month after the first two (2) months	10 workdays
At the beginning of the employee’s second year	One (1) day per month plus one (1) additional day at the end of the second year	13 work days
At the beginning of the employee’s third year	One (1) day per month plus one (1) additional day at the end of the third year	13 work days
At the beginning of the employee’s fourth year	1¼ days per month	15 work days
At the beginning of the employee’s fifth year	1 2/3 days per month	20 work days
At the beginning of the employee’s eighth year	Two (2) days per month plus one additional day at the end of the eighth through the fourteenth year	25 work days
At the beginning of the employee’s fifteenth year	2¼ days per month	27 work days

      b.   The annual leave allowance of Education Administrators hired before September 9, 1985 shall accrue as follows:

 

Years of Continuous Board               Monthly Accrual                    Annual Leave

And/or City Service                                    Rate                                  Allowance

 

Less than 8 Years                                       1 2/3 days                          20 work days

 

8 to 15 years                                        2 days plus one                         25 work days

                                                            additional day

                                                            in December

 

15 years or more                                  2¼ days                                   27 work days

 

      2. Education Administrators entitled to 31 days annual leave prior to September 9, 1980 shall continue to earn annual leave at the rate of 31 days per year (based on a monthly accrual rate of two and one-half (2½) days per month, plus one additional day (3½ days) for the month of December).

      3. In calculating years of continuous service for purposes of annual leave allowance under subsection 1 of this Section G, credit shall be given for all active City service, including pedagogical and nonpedagogical service in the Board of Education and service in City agencies. Continuity of service shall not be deemed to be interrupted except by separation from service for a continuous period of more than one year and one day.

      4. Up to two years’ annual leave allowance may be accumulated by an Education Administrator and carried over from one work year to another.

      5. For good reason an Education Administrator may request and the appropriate superintendent may permit the use of up to ten days of annual leave allowance before it is earned.

      6. Use of accrued annual leave shall be scheduled by mutual agreement of the Education Administrator and his/her superior.  The employee’s preference shall not be unreasonably denied.

      If an Education Administrator’s request to use annual leave is denied, he/she shall be entitled to carry over that portion of his/her annual leave allowance so denied for one additional work year notwithstanding that his/her accrual of annual leave may thereby exceed two years’ entitlement.

      7. The minimum unit of charge against annual leave allowance shall be one hour.

      8. For the earning of annual leave allowance under subsection 1 of this Section G, a full month’s allowance shall be earned by an employee who had been in full pay status for at least 15 calendar days during that month, provided that: (a) where an employee had been absent without pay for an accumulated total of more than 30 calendar days in the work year, the employee shall lose the annual leave allowance earnable in one month for each 30 days of such accumulated absence, even though in full pay status for at least 15 calendar days in each month during this period; and (b) if an employee loses annual leave under this rule for several months in the work year because the employee had been in full pay status for fewer than 15 days in each month, but accumulated during said months a total of 30 or more calendar days in full pay status, such employee shall be credited with annual leave earnable in one month for each 30 days of such full pay status.

H.  Leaves Without Pay

      1. Leaves of absence without pay may be granted to Education Administrators on application for a period of three years or less for the purpose of study, restoration of health, or for other satisfactory reasons on the same basis as apply to other pedagogical employees.

      2. No Education Administrator upon return to actual service shall be placed on a salary step or salary level lower than his/her salary step or salary level immediately prior to the initial date of the leave.

      3. Through at least July 31, 1995 the Board will implement a liberal policy concerning the granting of leaves of absence without pay to UFT bargaining unit members who meet the stated criteria for such leaves.  Bargaining unit members who are denied such a leave at the school or district level may appeal to the Executive Director of the Division of Human Resources for review and final determination.

I.    Vested Benefits

      All annual leave, sick leave, sabbatical leave, compensatory and Cumulative Absence Reserve time balances to the credit of an Education Administrator as of March 31, 1979 shall remain to the employee’s credit.  Such balances may be used in accordance with leave regulations and to the extent not used are applicable toward terminal leave, leave in lieu of sabbatical and/or separation or termination from employment.