ARTICLE III -- Salaries ARTICLE VII -- Transfer Policy ARTICLE VIII -- Personnel Practices

Section 1.

a. This Article lII is subject to the provisions, terms and conditions of the Alternative Career and Salary Pay Plan Regulations.dated March 15, 1967 as amended, except that the specific terms and conditions of this Article shall supersede any provisions of such Regulations inconsistent with this Agreement subject to the limitations of applicable provisions of law.

b. Except as otherwise specified, all salary provisions of this Agreement, including minimum and maximum salaries, advancement increases, general increases, education differentials and any other salary adjustments, are based upon a normal work week of 35 hours. The normal work week for employees in the titles of Community Assistant and Houseparent Aide shall be 40 hours and for employees in the titles of Houseparent and Senior Houseparent shall be 60 hours. An employee who works on a part-time per annum basis and who is eligible for any salary adjustments provided in this Agreement shall receive the appropriate pro-rata portion of such salary adjustment computed on the relationship between the number of hours regularly worked each week by such employee and the number of hours in the said normal work week, unless otherwise specified.

c. Employees who work on a per diem or hourly basis and who are eligible for any salary adjustment provided in this Agreement shall receive the appropriate pro-rata portion of such salary adjustment computed as follows, unless otherwise specified:

Per diem rate	-1/261 of the appropriate minimum basic salary.
Hourly Rate	35 hour week basis - 1/1827 of the appropriate minimum basic salary. 37th hour week basis - l/1957.5 of the appropriate minimum basic salary. 40 hour week basis - 1/2088 of the appropriate minimum basic salary 60 hour week* basis - 1/3132 of the appropriate minimum basic salary.

All time in full pay status in a calendar week in excess of 40 hours shall be paid at a rate of one and one-half ( 1 1/2 x).

d. The maximum salary for a title shall not constitute a bar to the payment of any salary adjustment or pay differentials provided for in this Agreement but the said increase above the maximum shall not be deemed a promotion.

1 -- This Article shall apply only to the Administration for Children's Services ("ACS"), the Department of Correction ("DOC"), the Department of Employment ("DOE"), the Department of Health ("DOH"), the Department of Homeless Services ("DHS"), the Department of Housing Preservation and Development ('HPD"). the Department of Juvenile Justice ("DJJ"), the Department of Youth and Community Development ("DYCD''), the Health and Hospitals Corporation ("HHC"), the Human Resources Administration ("HRA"), and successor agencies thereto.

Section 1 -- Definitions:

a. TRANSFER: The term transfer shall mean the shifting of an employee from one program, division, Health and Hospitals Corporation institution, or site used by an agency to another, without any significant change in duties, responsibilities and remuneration, except the following personnel actions shall not be considered transfers

i. The movement within the Human Resources Administration as defined in Section 9(d) below shall not be considered a transfer.

ii. A change of physical location within a Health and Hospital Corporation institution or Central Office Cost Group does not constitute a transfer.

iii. The initial assignment of newly appointed employees after an initial period of training.

iv. Reassignment of employees returning from unpaid leave of more than twenty-three (23) working days. Where feasible, employees returning from such leaves shall not be assigned to a location which creates a hardship for them.

b. HARDSHIP: The term hardship shall mean an undue burden to an employee resulting from a proposed involuntary transfer which results in:

i. An increase in travel time to fifty-five (55) minutes or more for any employee who is a City resident;

ii. An increase in travel time to one and one-quarter (1~/~) hours or more if the employee is not a City resident;

iii. Documented serious family, personal or medical problems.

c. TRAVEL TIME: The term travel time shall mean running time as established by the Transit Authority and/or any private carrier.

d. VOLUNTARY TRANSFER REQUEST FILE:

i. The term voluntary transfer request file for Mayoral Agencies shall mean a file maintained by the Agency of all requests for transfers made by employees. All voluntary transfer requests shall expire at the end of the calendar year except for those submitted in the last three (3) months of the year. These requests shall remain in effect during the following calendar year.

ii. For the Health and Hospitals Corporation only:

Voluntary Transfer Request List: The term voluntary transfer request list shall mean a list maintained by Central Office and each institution or other premises used by HHC of all requests for transfer made by employees in the Hospital Care Investigator occupational group.

(1) The original of the transfer request is to be sent to the Patient Accounts Manager of the institution to which the employee wishes to transfer. Copies are to be sent to the Personnel Director of the institution to which the employee wishes to transfer, Central Office, and the Patient Accounts Manager and the Personnel Director of the institution where the employee is currently working. The Transfer Request List maintained at the Central Office shall take precedence.
(2) The life of the list shall be one calendar year. -All requests submitted on or after December 15th shall remain in effect for the following calendar year.
(3) If an employee is offered an opportunity to transfer and declines such transfer, the transfer request shall be removed from the file and Central Office shall be notified of such action. All declinations shall be in writing.

e. SENIORITY:

i. In Mayoral Agencies, the term seniority shall mean an employee's service in title including uninterrupted provisional service and temporary Civil Service, time spent on a preferred list and time spent in a previous title if the employee has been "6.1.9'd" into his/her current title.

ii. For employees in the Hospital Care Investigator occupational group the term seniority shall mean an employee's service in title, including uninterrupted provisional and temporary service. An employee who worked in the Department of Social Services prior to July 1, 1970, in the Caseworker occupational group whose title was changed to the equivalent title within the Hospital Care Investigator occupational group, retains as his or her date of entry into that title, his or her date of appointment to his or her former Caseworker occupational group title.

iii. For all other employees in HHC covered by this Agreement the term seniority shall mean:

(1) The length of continuous service in the parent affiliate and continuous full-time Corporation employment since July 1, 1972 or July 1, 1973, depending upon when they were transferred to the Corporation payroll.
or

(2) The length of continuous full-time Corporation and Department of Hospitals employment in the employee's current and previous title (or titles) including all provisional and temporary service.

f. QUALIFICATIONS: In HRA, the term qualifications shall mean the skills or abilities required for the performance of the tasks of a position as identified in the non-managerial performance evaluation Functionally Assigned Cluster of Tasks (FACT), and/or education, training or work experience identified by HRA as required for the position.

g. SECONDARY VACANCY: The term secondary vacancy shall mean a vacancy created by the voluntary transfer of an employee which vacancy the Agency has decided to fill.

Section 2. ACS. HRA. DHS. DJJ and DOE Transfer Procedure:

When the Agency (ACS, HRA, DHS, DJJ or DOE) decides it is necessary to transfer employees in any title into a particular work location or locations, such transfers shall be made in accordance with the following provisions:

a. VOLUNTARY TRANSFERS:

i. Employees who possess the required qualifications' if any, from the Voluntary Transfer Request File, regardless of location, in seniority order.

ii. Any additional volunteers, who possess the required qualifications, if any regardless of location, in seniority order.

iii. Notwithstanding the above, the Agency reserves the right to limit the number of volunteers transferring from any particular location to fill a vacancy in the period of a year to no more than 10 percent of employees, but not less than one (1) employee; in the title affected. For purposes of this clause' the year shall be defined as July 1 to June 30.

b. INVOLUNTARY TRANSFERS:

If there are insufficient volunteers to fill the vacancies the Agency desires to fill, or if secondary vacancies are created, the following procedure shall govern:

i. The Agency shall select a location or locations as a source for such transfers. The Agency may establish limits on the number of employees in a particular title to be involuntarily transferred from any particular work location.

ii. The following order of priority among employees possessing the required qualifications, if any, shall be followed:

(1) Volunteers from within the designated locations up to the established limits,

if any.

(2) Non-volunteers by inverse order of seniority, except employees who fall within the Section 2(b)(ii)(3) shall, for the purpose of this Section 2(b)(ii) be the last to be involuntarily transferred. If such employees are transferred involuntarily, they shall be transferred in order set forth in Section 2(b)(ii)(3)

(3) Exceptions:

(a) Employees under extended probation or special evaluatory supervision who have received written notice of such status.

(b) Employees involuntarily transferred twice within the previous twelve (12) months.

(c) Travel hardship cases.

(d) Medical or personal hardship cases.

c. MISCELLANEOUS PROVISIONS:

i. Requests for transfer to any position which the Agency may decide to fill by transfer shall be submitted on a form provided by the Agency for this purpose directly to the HRA Transfer Unit with ~ copy to the location administration. The Transfer Unit shall maintain a voluntary transfer request file of such requests.

ii. When the Agency decides to fill a vacancy by transfer, the Union will be advised of the date of such decision and whether there are sufficient volunteers on file.

iii. Employees in the voluntary request file shall be granted transfers in order of seniority to positions which the Agency has decided to fill by transfer. Such transfers may not be granted to employees falling within the priority category in Section 2(b)(ii)(3).

iv. At least five (5) working days prior to the filling of a vacancy which the Agency decides to fill by transfer and has the authority to fill (except for vacancies filled pursuant to Section 2(c)(x) on an emergency basis), notice of such vacancy shall be posted on relevant Agency bulletin boards. Qualified employees wishing to volunteer shall submit a written request. This subsection shall not be applicable y there are sufficient names in the voluntary transfer request file to fill the vacancies.

v. Employees shall receive receipts for voluntary transfer requests and rescissions.

vi. Notwithstanding any other provisions, the Agency may limit the number of

voluntary transfers for any employee to no more than one in any twelve (12) month period.

vii. Hardships:

(1) Travel hardship cases shall be judged by the Agency based upon the employee's last official address on file with the Agency's personnel division or bureau. Employees notifying the Agency's personnel division or bureau of a change of address shall receive a receipt attesting to the fact that he/she has filed the necessary change.

(2) When an employee submits a medical or personal hardship, the Agency must immediately give a receipt and give a written decision to the employee in a timely manner. Approval of such a request shall include the length of time of such approval.

(3) In the event that a claimed hardship is invalidated or disallowed by the Agency, the matter shall be subject to the grievance procedure directly to Step II or, at the option of the Union, directly to arbitration. If an involuntary transfer is imminent, an expedited Step III determination shall be issued.

(4) An employee who has requested exemption from the performance of some

of the duties of his/her title and has been determined by the Agency to have a medical hardship which makes it unfeasible for said employee to perform field or other duties shall, where feasible, be reassigned to an appropriate vacancy within the work location or be given preference when there is an appropriate vacancy which the agency has determined to fill by transfer. Otherwise, at the Agency's discretion, such an employee may be involuntarily transferred to an appropriate vacancy. Involuntary transfers shall be in inverse order of seniority from among any such affected employees, and the hardship priorities of Section 2(b)(ii)(3) shall apply.

viii. The Agency shall not transfer any employee as a penalty without the presentation of charges in accordance with established disciplinary procedures.

ix. Upon notification by the Union, the Agency, where feasible, agrees to effectuate a mutual exchange of employees wishing to transfer between two locations. Such exchanges shall be based on seniority within the respective locations. Denial of such exchanges shall not be arbitrary and capricious.

x. The Agency shall have the right to transfer an employee on an emergency basis for not more than fifteen (15) working days. Extensions of this period shall be made by mutual consent of the parties. Where feasible, the Agency will not assign an employee on an emergency basis more than once every six (6) months. The need for an emergency transfer shall be declared by the agency head or his/her designee.

xi. Employees to be involuntarily transferred shall be given a list of vacancies which are to be filled. The employee shall have the right, in seniority order, to select any such vacancy for which he/she meets the requirements, if any.

xii. The Agency agrees that workers to be involuntarily transferred shall receive five (5) working days notice in writing, where feasible.

xiii. Where feasible, the voluntary transfer request file shall be utilized before employees are reassigned to new locations.

xiv. The reporting date of an employee selected for voluntary transfer shall not be unreasonably delayed.

.

xv. The Office of Personnel Services shall return to the employee any request for transfer submitted which does not contain the qualifications, if any, for the position.

D. If the Agency wishes to reassign employees between two locations performing the same or similar functions in the same site and program, the following procedure shall govern:

i. The Agency after determining the number of employees in title to be transferred, shall reassign between the locations in order of seniority from the available volunteers.

ii. If there are insufficient volunteers, the Agency shall reassign involuntarily in accordance with the applicable provisions of Section 2(b)(ii) above.

e. Variations of this Section 2 may be made with the mutual consent of the Agency and the Union.

Section 3. HHC Transfer Procedure (Hospital Care Investigator Occupational Group Only):

a. Transfers shall be made on the basis of greatest seniority from among employees on the voluntary transfer request list; provided. however. that an institution or Central Office Cost Group may require facility in a specified foreign language, in which event the most senior employee possessing facility in such language shall be transferred. The vacancy shall be for specific shifts and work days if so stated but in no event shall such work schedule be considered permanent.

b. LIMITATIONS TO AN EMPLOYEE'S ENTITLEMENT TO TRANSFER:

i. An employee who is on his or her probationary period following permanent appointment from the Civil Service List shall not be entitled under the terms of this Agreement to a transfer until completion of such probationary period.

ii. A provisional employee with less than six (6) months of service in the title shall not be entitled under the terms of this Agreement to a transfer.

iii. An employee who has disciplinary action pending or who is under special evaluatory supervision shall not be entitled under the terms of this Agreement to a transfer.

iv. An employee shall not be entitled under the terms of this Agreement to a transfer until completion of one (1) year of service following a voluntary transfer to the employee's current location.

v. An institution or Central Office Cost Group may refuse to honor a transfer request from an employee who has previously worked at such location and whose services were not satisfactory at such location during the period of employment at such location. Such refusal shall not be arbitrary and capricious. However, the employee will not be denied eligibility to transfer to any other available vacancy.

c. POSTING:

At least five (5) working days prior to the filling of a vacancy which the institution or Central Office Cost Group decides to fill and has authority to fill, notice of such vacancy shall be posted on the bulletin board and a copy of such posting given to the local Union representative of that institution or Central Office Cost Group.

d. Variations of this Section 3 may be made with the mutual consent of HHC and the Union.

Section 4. HHC Transfer Procedure (Except Hospital Care Investigator Occupational Group

a. Voluntary transfers between hospitals when vacancies arise shall be made on the basis of

greatest seniority in the hospital or other work location from among per annum employees who are qualified. Involuntary transfers shall be made on the basis of least seniority within a hospital. However, if transfers are directed out of seniority, such transfers should not be arbitrary and capricious. Any complaint with respect to such transfers shall constitute a grievance subject to the grievance procedure under this Agreement.

b. POSTING:

i. At least five (5) working days prior to the filling of a vacancy which the institution or central office location decides to fill and has authority to fill, notice of such vacancy shall be posted on the bulletin board and a copy of such posting given to the local Union representative of that institution or central office location.

ii. Within five (5) working days of the posting of such notice, any qualified employee wishing to volunteer for such vacancy shall submit a written memorandum to the Personnel Director of the institution or central office location where the vacancy occurs, stating his or her name, title, present position, length of time on staff and in a brief statement any other data which he or she believes to be relevant.

c. Variations of this Section 4 may be made with the mutual consent of HHC and the Union.

Section 5. DOC. DOH (except Community Service Aides) & HPD Transfer Procedure:

When the Agency [DOC, DOH or HPD] decides to transfer employees in any title (except Community Service Aides) into or out of a particular work location or locations, such transfers shall be made in accordance with the following provisions:

a. VOLUNTARY TRANSFERS: The following order of priority for voluntary transfers shall be followed:

i. Employees from the voluntary transfer request list in order of seniority.

ii. Any additional volunteers in seniority order.

b. INVOLUNTARY TRANSFERS: The following order of priority shall be followed:

i. Non-volunteers by inverse order of seniority, except employees who fall within the Section 5(b)(ii) shall, for the purpose of this Section 5(b) be the last to be involuntarily transferred. If such employees are transferred involuntarily, they shall be transferred in order set forth in Section 5(b)(ii).

ii. Exceptions:

(a) Employees under extended probation or special evaluatory supervision who have received written notice of such status.

(b) Employees involuntarily transferred twice within the previous

twelve (12) months.

(c) Travel hardship cases.

(d) Medical or personal hardship cases.

c. MISCELLANEOUS PROVISIONS:

i. The Agency shall grant normal transfers from the voluntary transfer request list in seniority order on a regular routine basis. Such transfers may not be granted to employees falling within the priority subsections listed in Section 5(b)(ii)(a) and 5(b)(ii)(b). Notwithstanding the preceding limitation, employees who have been involuntarily transferred twice within the last twelve (12) months may be granted a voluntary transfer.

ii. Notwithstanding any other provisions, the Agency may limit the number of voluntary transfers for any employee to no more than one (1) in any twelve (12) month period.

iii. The Agency shall not transfer any employee as a penalty without the presentation of charges in accordance with established disciplinary procedures.

iv. Travel hardship cases shall be judged by the Agency based upon the employee's last official address on file with the Agency's personnel division or bureau. Employees notifying the Agency's personnel division or bureau of a change in address shall receive a receipt attesting to the fact that he or she has filed the necessary change.

v. The validity of an employee's claim for medical or personal hardship shall be mutually agreed upon by the Agency and the Union. In the event of a dispute, the Agency shall have the right to transfer or pass over the employee pending the final resolution of the dispute.

vi. In the event that a claimed hardship is invalidated or disallowed by the Agency. the matter shall be subject to the grievance procedure directly to Step II or, at the option of the Union, directly to arbitration.

vii. The Agency may establish eligibility requirements for transfers to fill vacancies limited to time in service and specialized skills, or specialized training.

viii. The Agency shall have the right to transfer an employee on an emergency basis for not more than fifteen (15) working days.

ix. At least five (5) working days prior to the filling of a vacancy which the Agency decides to fill by transfer and has the authority to fill (except for vacancies filled pursuant to Section 5(c)(viii) on an emergency basis), notice of such vacancy shall be posted on relevant Agency bulletin boards. Qualified employees wishing to volunteer shall submit a written request. This clause shall not be applicable if there are sufficient names on the voluntary transfer request list to fill the vacancies.

x Employees to be involuntarily transferred shall be given a list of vacancies which are to be filled. The employee shall have the right. in seniority order, to select any such vacancy for which he/she meets the requirements, if any.

d. Variations of this Section 5 may be made with the mutual consent of the Agency and the Union.

Section 1.

Employees of the Human Resources Administration who are newly hired, reinstated or due to be restored to payroll and who are not paid on the first pay day after their appointment date or return to active employment shall, upon request. until paid, receive an advance each pay day in an amount equal to the amount specified for new hires in relevant Human Resources Administration procedures.

Section 2.

Any employee shall be given a one day leave with pay, without charge to annual leave or overtime credits, on each day that such employee is scheduled and required to take a G.E.D. examination, up to a limit of four (4) examinations per annum.

Section 3.

Any employee required by the Employer to take a physical examination shall be allowed sufficient time to do so without charge to leave credits. For the Homemaker occupational group, or the Home Aide title, wherever possible such examinations shall be scheduled in the morning, and if the examination must be scheduled in the afternoon, the employee shall be allowed a full day without charge to leave credits for such examination.

Section 4.

Upon assignment to a new case a Homemaker or Senior Homemaker or Home Aide shall be given available pertinent information required to effectively perform their duties with respect to such case.

Section 5.

When employees receive their pay checks in advance of their normal pay day and when the agency has advance notice of the alternate pay procedure, every reasonable effort will be made to have the employees in the Homemaker occupational group and Home Aide title paid at the same time as other employees.

Section 6.

Wherever possible, travel time shall be taken into consideration in the assignment of Homemakers, Senior Homemakers, and Home Aides.

Section 7.

Searches of employees in the Correctional Counselor occupational group shall be done in accordance with Department of Correction procedures.

Section 8.

Employees in the Human Resources Administration, in agency-approved school programs, shall be given field placements as agreed to by the educational institution and the Agency.

Section 9.

For Community Assistants, Comrnunity Associates, and Comrnunity Coordinators only, if equipment is lost or stolen or damaged while the employee is properly executing his or her job function and through no fault of his or her own, such lost, stolen or damaged property shall not be charged against the employee.

Section 10.

Any employee who is shifted to duties or functions substantially different from those performed prior to the shift shall be provided with the appropriate training as may be required by the Agency.

Section 11.

The parties agree that the relationship between Employer and employee shall be dignified and professional at all times. This means that the Employer and employees shall not use indecent, abusive, profane language and/or behavior. Claimed violations of this provision are limited to such language and/or behavior.

Section 12.

Each employee of the Department of Health in the Community Service Aide title who works with poisons or litter shall be entitled to a physical examination and tetanus inoculation prior to employment. Thereafter, on paid working time, on a biannual basis, an examination shall be conducted for the detection of poisons. If a medical condition develops in the course of and as a result of working with poisons or litter, that employee shall be entitled to another such examination immediately

Section 13.

On satisfactory completion of the probationary period, all employees in the Juvenile Counselor occupational group shall have institutional seniority from the date of first employment in any classification and departmental seniority from the date of first employment in a department. Regularly part-time employees in such occupational group shall have separate seniority from regular employees and shall be subordinate to regular employees. Any reassignment within the Agency shall not affect the departmental seniority of an employee in such occupational group as long as that employee is in an equivalent department and holding the same title.

Section 14.

The Employer agrees to provide for all Mayoral agency employees covered by this Agreement, if the size of the affected staff warrants, a lounge area in (1) a building where the Employer moves into newly rented offices; (2) a newly constructed building owned by the Employer; and (3) Employer offices in existence at the time of signing this Agreement if space is available.

Section 15.

In the Human Resources Administration the Employer agrees that employees who are promoted and assigned to a new work location shall report to their new assignment on the date determined by OPS except in the case of an emergency determined by OPS.

Section 16.

The agency shall review the voluntry transfer request file and, where feasible, transfer qualified volunteers before new hires or promotions.