The New York State Labor Relations Act (Art. 20 of Chap. 31 of the New York State Consolidated Laws) governs collective bargaining in
New York
State
and requires schools and other employers to bargain in good faith with groups of employees. That does not sound so bad until you read the contracts, or even the table of contents:
Joint Intentions and Commitments
Agreement
Article One-Union Recognition
Article Two-Fair Practices
Article Three-Salaries and Benefits of Day School Counselors
A. Salaries and Differentials
1. Salary Schedules
2. Longevity Increments
3. Salary Placement
4. Additional Compensation
5. Eligibility Requirements
B. Staff Development Rate
C. Credit for In-Service Courses
D. Vacation Pay
1. Summer Vacation Pay
2. Vacation Pay Credit and Service Credit
E. Welfare Benefits
1. Choice of Health Plans
2. Supplemental Benefits
3. Health Care Flexible Spending Account
4. Dependent Care Assistance Program
F. Reimbursement for Medical Expenses
G. Damage or Destruction of Property
H. Salary Payment
I. Transportation Benefits
1. Reimbursement for Travel Expenses
2. Transportation Benefit Program
J. Performance Incentives Committee
Article Four-Pension and Retirement Program
A. Annuity Fund
B. Support for Program
C. Board of Education Retirement System
D. Pension Legislation
E. Tax Deferred Annuity Plan
F. Pension Benefits Agreement and Deferred Compensation Plan
Article Five-Licensure and Appointment
A. Regularized Licensure
B. Provisional Counselors
C. Withdrawal of Resignation and Subsequent Re-Employment
D. Absence Without Notice
E. Return to Former License of Appointment
Article Six-Hours
A. Hours of Work
B. Activities Included in Working Time
C. Work Year
Article Seven-Assignments and Counseling Conditions
A. Selection for Available Assignments
B. Limitation on Assignments
C. Conferences with Teachers
D. Split Assignments
E. Regular Part-Time Assignments for Appointed Counselors
F. Basic Instructional Supplies
G. Involvement in Planning
H. Return from Leave
I. Guidance Counselors Serving as Education Evaluators
J. Workload Disputes
Article Eight-Safety and Health
A. Assistance in Assault Cases
B. School Safety Plan
C. Citywide Security and Discipline Committee
D. Environmental Health and Safety Joint Committee
E. Safe Environment
F. Renovation and Modernization
Article Nine-Education Reform
A. School-Based Management/Shared Decision-Making (SBM/SDM)
1. Eligibility and Involvement
2. SBM/SDM Teams
3. Staff Development
4. Waivers
B. School Allocations
C. Reduction of Paperwork
D. Evaluation/Observation Joint Committee
E. Professional Development and Differential
F. Labor-Management Committee on Long Term Reforms
Article Ten-Leaves
A. Cumulative Absence Reserves and Sick Leave
B. Sabbatical Leaves
C. Special Study Sabbatical to Achieve Certification
D. TB Sabbaticals
E. Leaves Without Pay
1. Purposes for Which Granted
2. Per Diem Service While on Leave
F. Military Service Pay
1. Excuse for Selective Service Examination
2. Pay During Military Service
G. Payment for Jury Duty
H. Terminal Leave
Article Eleven-Excessing and Layoff
A. Excessing Rules—Appointed Counselors
B. Appointment to New Program, License or Title
C. Layoff
D. Tipping
Article Twelve-Transfers and Staffing
A. General Transfers
B. Hardship Transfers
C. Staffing New or Redesigned Schools
Article Thirteen-Union Activities, Privileges and Responsibilities
A. Restriction on Union Activities
B. Time for Chapter Leader
C. Exclusive Check-Off
D. Agency Fee Deduction
E. Consultation Meetings
F. Information to the Chapter
G. Official Circulars
H. Political Check-off
Article Fourteen-Matters Not Covered
Article Fifteen-Due Process and Review Procedures
A. Counselor Files
B. Counseling Memos
C. Summons
D. Discontinuance of Probationary Service and Appeals of Unsatisfactory Ratings
E. Suspension
F. Rating "Not Applicable"
G. 3020-a Procedures
1. Time and Attendance
2. Rotational Panel
3. Expedited Hearings
4. Investigations
5. Serious Misconduct
6. Sexual Offenses Involving Students or Minors
7. Other Felony Offenses
8. Discovery Procedures
9. Incompetence Cases
10. Attorney Teams
H. False Accusation
I. Peer Intervention Program
J. Medical Review Procedures
1. Requests for Medical Examination
2. Injury in the Line of Duty
3. Medical Report and Review
Article Sixteen-Grievance Procedure
A. Definition
B. Adjustment of Grievances
1. General Procedure
2. Procedures for Special Groups
3. Special Procedures for Grievances Relating to Salary and Leave Matters
4. Special Procedures for Grievances Arising out of School Reorganization
5. Priority Handling of Grievances
6. Initiation or Appeal of Special Types of Grievances or Complaints
7. Appearance and Representation
8. Time Limits
C. Arbitration
D. General Provisions as to Grievances and Arbitration
Article Seventeen-Special Complaints
A. Definition
B. Filing and Priority Handling
C. Joint Investigation and Informal Resolution
D. Administrative Hearing and Continued Attempt at Informal Resolution
E. Decision of the Chancellor
F. Fact Finding and Recommendations
G. Board Consideration
H. Expansion of Special Complaint Procedure to Include Supervisors
Article Eighteen-Professional Conciliation
A. School Level
B. District Level
Article Nineteen-Rates of Pay and Working Conditions of Per Session Counselors
A. Rates of Pay
B. Working Conditions
1. Sick Leave
2. Retention
3. Appeals from Unsatisfactory Ratings
4. Preference for Positions
5. Counselor Files
6. Sabbatical Leaves
Article Twenty-Counselors Assigned
A. Benefits and Working Conditions
B. Assignment as a Counselor Assigned
C. Hours of Service
D. Work Year
Article Twenty-One-Schools and Programs With Modified Work Schedules
A. Chapter 683 Program
B. Extended Time Schools
1. Time and Compensation
2. Staffing
3. Service Commitment
4. Miscellaneous
C. Second Opportunity Schools Program
Article Twenty-Two-Working Conditions of Per Diem Substitutes
A. Applicability
B. Pro-Rata Vacation Pay
C. Welfare Benefits
D. Sick Leave
E. Inapplicable Provisions
F. Continuation of Benefits
Article Twenty-Three-Charter Schools
A. Conversion Charter Schools
B. New Charter Schools
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
Appendix A-Grievance Forms
Appendix B-Use of Guidance Counselor Title
Appendix C-Health Insurance
Appendix D-ETS Guidance Counselors Salary Schedule
Appendix E-Procedures For Probable Cause Hearings
