ARTICLE ELEVEN

May 22, 2006 4:59 PM

III. Education Officers and Education Analysts

 

A.  Applicability

      Education Officers and Education Analysts covered by this Agreement are: employees in the titles Education Officer, Education Analyst, Associate Education Officer, and Associate Education Analyst except those serving in the Offices of the Chancellor, Deputy Chancellors, Labor Relations and Collective Bargaining, and Legal Services; those serving in the Office of Budget Operations and Review and in the Division of Human Resources, except employees who are neither managerial nor confidential as defined in Section 201.7 of Article 14 of the CSL; and those serving elsewhere in the Board of Education who are managerial or confidential as defined in Section 201.7 of Article 14 of the CSL.

B.  Salaries

      1. Salary Adjustments, Ranges and Longevities

      a. The salary ranges exclusive of longevities applicable to Education Officers and Education Analysts in the unit shall be:

 

Education Analyst/Officer

 

Effective Date                 Annual                        Hourly

Current                              $46,907–60,659          $25.67–33.20

December 1, 2003            $47,845–61,872          $26.18–33.86

December 1, 2004            $49,520–64,038          $26.69–34.52

November 1, 2005            $52,244–67,560          $26.69–34.52

October 1, 2006               $53,943–69,758          $27.56–35.64

 

Associate Education Analyst/Officer

 

Effective Date                 Annual                        Hourly

Current                              $61,566–79,715          $33.70–43.64

December 1, 2003            $62,797–81,309          $34.37–44.51

December 1, 2004            $64,995–84,155          $35.04–45.38

November 1, 2005            $68,570–88,784          $35.04–45.38

October 1, 2006               $70,801–91,672          $36.18–46.86

 

      b. Incumbents will have the following salary adjustments:

      Effective Date                  Increase

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

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

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

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

 

      c. Longevities

      Longevities for Education Analysts, Education Officers, Associate Education Analysts and Associate Education Officers are set forth below, and are received upon completion of the requisite service in the Board of Education and the City of New York:

Effective Date           10-Year        15-Year        20-Year

Current                        $755             $1,511          $3,023

December 1, 2003      $770             $1,541          $3,083

December 1, 2004      $797             $1,595          $3,191

November 1, 2005      $841             $1,683          $3,367

October 1, 2006         $868             $1,738          $3,476

 

      2. Initial Appointment or Assignment

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

      a. Education Officers and Analysts whose service immediately prior to assignment or appointment as an Education Officer or Education Analyst was with the Board shall receive a salary no less than they were receiving immediately prior to such assignment or appointment.

      b. Education Officers and Education Analysts whose service immediately prior to assignment or appointment as an Education Officer or Analyst was in a non-Board position related to their Education Officer or Analyst position shall receive a salary no less 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 approval of the Chancellor. In case of disagreement as to the determination of 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 exclusive of longevities.

C.  Benefits and Working Conditions

      Education Officers and Analysts 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 H, “Reimbursement for Medical Expenses’’; Section I, “Damage or Destruction of Property’’; Section K2 “Transit Benefit Program” Section L, “Salary Payment’’ (paragraph 3); and Section M,” Performance Incentives Committee.” Section G, “Health Insurance and Welfare Benefits’’ shall apply to employees assigned to work twenty hours or more per week.

      2. Only the following provisions of Article Four entitled “Pension and Retirement Program” shall apply: Section C, “Pension Legislation”; Section D, “Tax Deferred Annuity Plan”, and Section E, ‘‘Pension Benefits Agreement and Deferred Compensation Plan”.

      3. Only the following provision of Article Five entitled “Licensure, Assignment and Appointment’’ shall apply: Section F, “Absence without Notice’’.

      4. Only the following provision of Article Seven entitled “Programs, Assignments and Teaching Conditions in Schools and Programs’’ shall apply: Section S, “Additional Facilities’’.

      5. Only the following provisions of Article Eight entitled “Education Reform’’ shall apply: Section H, “Reduction of Paperwork’’ and Section L, “Labor/Management Committee on Long Term Reforms’’.

      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 Section B, “Hardship Transfers’’, of Article Eighteen entitled “Transfers and Staffing’’ shall apply.

      8. 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.’’

      9. 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’’; Article Seventeen entitled “Retention, Excessing and Layoff’’; and Article Twenty-Four entitled “Professional Conciliation”.

D.  Workweek

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

E.   Holidays

      Full-time Education Officers and Analysts 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 full-time Education Officers and Analysts and shall be used only for personal illness of the employee.

      2. Effective September 2002, Education Officers and Analysts 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 Officer’s or Analyst’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 Officer or Analyst who has been in full pay status for at least 15 calendar days during that month, provided that: (a) where an Education Officer or Analyst has been absent without pay for an accumulated total of more than 30 calendar days in the work-year, 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 he/she loses sick leave allowance under this rule for several months in the work-year 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 Officer or Analyst 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 Officer or Analyst is hospitalized on annual leave the period of such verified hospitalization shall be charged to sick leave and not to annual leave. Where he/she is seriously disabled but not hospitalized while on annual leave and providing the Education Officer or Analyst 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 Officer or Education Analyst only if any break in service is thirty-one days or less.

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

      (a) Education Officers and Analysts 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 Officers and Analysts 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 the Division 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, full-time Education Officers and Analysts shall have an annual leave allowance as follows:

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

 

Years of 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 Officers and Analysts hired before September 9, 1985 shall accrue as follows:

 

Years of Continuous Board and/or City Service	Monthly Accrual Rate	Annual Leave Allowance
Less than 8 Years	1 2/3 days	20 workdays
8 to 15 years	2 days plus one additional day in December	25 workdays
15 years or more	2¼ days	27 workdays

 

      2. Education Officers and Analysts 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 this provision, 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 thirty-one days.

      4. Up to two years’ annual leave allowance may be accumulated by an Education Officer or Analyst and carried over from one workyear to another.

      5. For good reason, Education Officers and Analysts may request and the appropriate community or assistant 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 Officer or Analyst and his/her superior.  The employee’s preference shall not be unreasonably denied.

      If an Education Officer’s or Analyst’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 vacation 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 hereunder, 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 vacation 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 vacation 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.

      9. The vacation year shall begin on May 1 and end the following April 30.

H.  Leaves Without Pay

      1. Leaves of absence without pay may be granted to Education Officers and Education Analysts on the same basis as apply to other administrative employees.

      2. No Education Officer or Analyst upon return to actual service shall be placed at a salary lower than his/her salary 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 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 Officer or Analyst 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.

J.   Posting Vacancies

      Vacancies in Education Officer and Education Analyst positions shall be posted in places accessible to employees, and incumbents shall be invited to apply before a new employee is hired.  Appointed employees shall have preference over provisionals.

K.  Reduction of Positions

      If there is a reduction of positions in any office or other organizational unit, the junior Education Analyst or Education Officer, as appropriate shall be excessed to a vacancy or, if there is no vacancy, to the position held by a junior employee in the Board of Education. Provisionals shall be excessed before probationers, and probationers shall be excessed before permanent employees.  Where a layoff situation exists in the Board of Education, the applicable provisions of law will be followed and those Education Officers or Education Analysts who are laid off without fault or delinquency will be placed on a preferred list for reinstatement to their positions.

L.   Seniority

      Except where otherwise applicable for layoff or for benefit entitlements, the seniority of Education Analysts and Education Officers shall be computed as the length of service as an Education Analyst or an Education Officer in the Board of Education.