Professional Services Unit
MEMORANDUM OF UNDERSTANDING ON CONTRACTING OUT
ARTICLE A. REDEPLOYMENT CONSIDERATION: PROCESS AND PROCEDURES
The process and procedures contained herein were developed to support the provisions of Article 36 regarding the redeployment of employees affected by the State's right to contract out for goods and/or services. It is the State's intent to redeploy employees to the maximum extent possible in instances where positions will be eliminated as a result of the contracting out for goods and/or services. All campuses will work cooperatively to ensure that every opportunity to redeploy is explored. Employees will be flexible in considering redeployment alternatives.
Section 1. Definitions
§1.1 An "affected employee" or an "employee affected" by contracting out shall mean a current employee whose position will be eliminated as a result of the State's exercise of its right to contract out for goods and/or services provided by that position. An "affected employee" or "an employee affected" is also the least senior employee displaced in accordance with Section 3.2 (f) of Article A of this Memorandum of Understanding.
Employees subjected to the following actions shall not be regarded as affected employees or employees affected by contracting out:
§1.2 A "fillable vacancy" is a vacant position that the campus has decided to fill, subject to available funding.
§1.3 An "employee separates from employment" when an employee voluntarily resigns employment with the State University or when employment with the State University ceases in accordance with Article A of this Memorandum of Understanding.
§1.4 The term "same position" shall mean a position that is equivalent in its content, duties, responsibilities, requirements and obligations as the position which had been held by the affected employee at the time a Request for Proposal for contracting out was issued.
The determination of whether a position in the same job title is the "same position" for purposes of this Memorandum of Understanding shall be based upon an examination of the employee's most recent position description and performance program as compared to the most recent position description and performance program for the position vacancy under review. In the event the vacancy under review is a new or substantially modified position, such comparison shall be with the new position description and proposed performance program.
§1.5 An employee "meets the qualifications" of the position when:
§1.6 The "date a Request for Proposal for contracting out is issued" shall, for all purposes, be regarded as the date a copy of the Request for Proposal is received by UUP. Such copy to UUP shall be transmitted by certified or registered mail, return receipt requested, or by personal service at the time it is sent to potential contractors. Upon personal service, the recipient of such documents, upon request, shall acknowledge, in writing, the receipt thereof. Proof of personal service shall specify the person who was served and the date, place and manner of service.
Concurrent written notification shall be provided by the campus to employees whose positions are likely to be contracted out under such Request for Proposal.
Section 2. Redeployment List Procedures: General Provisions
§2.1 This section shall apply to the following categories of employees who are affected by contracting out:
§2.2 Employees in the above listed categories shall be placed on a redeployment list and shall remain on such list until one of the following occurs:
§2.3 Where a fillable vacancy exists and an employee on a redeployment list meets the qualifications for that vacancy, the campus shall offer the position to the employee. In the event that more than one employee meets the qualifications for the position, the campus shall offer the position to the employee who the campus, in its discretion, deems most qualified. However, in such instances, qualified professional employees holding permanent appointments shall be offered positions before professional employees holding term appointments. If the employee deemed most qualified declines the offer, the campus shall offer the position to the next employee who the campus, in its discretion, deems most qualified. The campus may fill the vacancy through other means where no one on a redeployment list meets the qualifications for a vacancy, or where all employees on a redeployment list who were deemed qualified decline offers. Academic employees on term appointments shall be considered for any fillable academic vacancy. Professional employees shall be considered for any fillable professional vacancy.
§2.4 Offers of redeployment shall be in writing and must be accepted in writing within ten working days after receipt of such offer by the employee. An employee who accepts an offer of redeployment shall be appointed to such position. In the event that the position the employee is offered is over 50 miles from either the employee's residence or the work site at the contracting out campus, the employee may decline the offer and remain on a redeployment list until appointed to a position or otherwise separated from employment, whichever occurs first. In the event that the position the employee is offered is 50 miles or less from either the employee's residence or the work site at the contracting out campus, the employee who declines such offer or fails to accept such offer in writing within ten working days shall be removed from a redeployment list and no further redeployment consideration shall be accorded such employee. However, upon expiration of an affected employee's right to remain employed at the contracting out campus as set forth in Sections 3.1, 4.2 (a), or 4.3 (a) of Article A of the Memorandum of Understanding, as appropriate to the employee's term or permanent appointment status, such employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.
Section 3. Professional Employees with Permanent Appointments and Professional Employees in Titles Listed in Appendix A to Article XI of the Policies of the Board of Trustees who are Serving in Five Year Term Appointments
§3.1 A professional employee with a permanent appointment, or a professional employee in a title listed in Appendix A to Article XI of the Policies of the Board of Trustees who is serving in a five year term appointment, shall have the right to remain employed at the contracting out campus and shall continue to receive the same basic annual salary for a period of two years from the date the Request for Proposal for contracting out is issued. In addition, these employees shall have the following rights and/or entitlements:
&§3.2 Using the inverse order of appointment within each affected group of employees as set forth in Article 35.2 (a) and (b) of the Agreement, an employee shall be entitled to displace the least senior employee in the same job title performing the same position at the contracting out campus. Where an employee is entitled to displace as set forth herein, the following shall apply:
§3.3 An employee shall be entitled to be redeployed to the same position at the same campus, where a fillable vacancy exists. Such redeployment shall be in accordance with Section 2 of Article A of this Memorandum of Understanding. Where an employee is redeployed to the same position at the same campus, the following shall apply:
§3.4 An employee shall be entitled to be redeployed to the same position at any campus, where a fillable vacancy exists. Such redeployment shall be in accordance with Section 2 of Article A of this Memorandum of Understanding. Where an employee is redeployed to the same position at any campus, the following shall apply:
§3.5 If as a result of redeployment in accordance with Section 2 of Article A of this Memorandum of Understanding, an employee is offered a different position at the same campus, the following shall apply:
§3.6 If as a result of redeployment in accordance with Section 2 of Article A of this Memorandum of Understanding, an employee is offered a different position at a different campus, the following shall apply:
Section 4. Employees Serving on the Basis of a Term Appointment
§4.1 This Section shall apply to an affected academic employee or an affected professional employee serving on the basis of a term appointment, other than professional employees in titles listed in Appendix A to Article XI of the Policies of the Board of Trustees serving in five year term appointments.
§4.2 If the employee has completed fewer than 3 years of consecutive service at the contracting out campus on the date that the Request for Proposal for contracting out is issued:
§4.3 If the employee has completed 3 or more years of consecutive service at the contracting out campus on the date that the Request for Proposal for contracting out is issued:
§4.4 A permanent or continuing appointment can only be granted by the Chancellor. In no event shall the extension of a term appointment under this section render a term employee eligible for consideration for either a permanent or continuing appointment.
Section 5. Academic Employees with Continuing Appointments
§ 5.1 An academic employee with a continuing appointment shall retain continuing appointment, the same title, and the same basic annual salary at the time a Request for Proposal for contracting out is issued.
§5.2 An academic employee with a continuing appointment shall be offered redeployment at the contracting out campus or elsewhere within the State University system.
§5.3 The redeployment offer shall be in writing and the employee must accept or decline the offer in writing within ten working days after the employee's receipt of such offer.
Section 6. General Rules
§6.1 Notification to the Union Prior to the Request for Proposal for Contracting Out
The State University shall provide written notification to the United University Professions (UUP) where positions currently held by PSNU employees will be eliminated as a result of the State's exercise of its right to contract out for goods and/or services. Such notification shall be provided at least two weeks prior to the issuance of the Request for Proposal for contracting out and shall be required only in instances where current employees will be affected. Upon UUP's receipt of such written notification, UUP may request a meeting to discuss the campus' plan to contract out for goods and/or services.
§6.2 Work Force Impact Plan
At the time a Request for Proposal for contracting out is issued, the contracting out campus shall forward in writing to the Tripartite Redeployment Committee a Work Force Impact Plan. The Work Force Impact Plan shall specify the goods and/or services to be contracted out, identify the employees who will be affected by contracting out, and describe the measures the campus expects to undertake to redeploy affected employees to the maximum extent possible, including any campus retraining initiatives that might facilitate redeployment.
§6.3 Redeployment Hiring Incentive
A redeployment hiring incentive of 90 calendar days salary support shall be paid by the contracting out campus to a hiring campus for each employee redeployed in accordance with this Article A of this Memorandum of Understanding.
§6.4 Reemployment in a Contracting Out Situation
Notwithstanding the above, in the event a specific position eliminated due to contracting out is restored in its entirety at the contracting out campus within two years of issuance of the Request for Proposal for contracting out, the employee who held that specific position at the time of issuance of the Request for Proposal shall be offered reemployment in such position. An offer of reemployment shall be made by the campus in writing to the employee and must be accepted in writing within ten working days after receipt of such offer by the employee. The employee's failure to accept such offer within ten working days shall constitute a declination.
§6.5 President's Discretionary Redeployment Leave
The President's Discretionary Redeployment Leave shall be applicable in the following two instances:
§6.6 Transition Benefits
Transition Benefits as set forth in Article 36.2 (a) and (b) of the Agreement shall be payable by the contracting out campus.
ARTICLE B. EDUCATION STIPEND
Section 1. Eligibility
§1.1 The education stipend shall solely apply to affected employees who have agreed to accept the terms as set forth in this Article of the Memorandum of Understanding and who have been notified of their acceptance by the State.
§1.2 Employees who have exercised one of the options described in Article 36.2(b) or (c) of the Agreement shall be ineligible for the education stipend set forth herein.
Section 2. Stipend
An employee may elect to receive an education stipend for full tuition and fees at an educational institution or organization of the employee's choosing to pursue course work or training offered by such institution or organization provided, however, that the employee meets the entrance and/or course enrollment requirements. The maximum stipend cannot exceed the one year (two semesters) SUNY tuition maximum for Resident Graduate Students. Such tuition will be paid by the State directly to the institution in which the employee is pursuing course work, subject to review and verification of the employee's training plan by the campus.
ARTICLE C. SEVERANCE OPTION
Section 1. Definitions
§1.1 The definition of the terms "affected employee" and "employee affected" are found in Article A, Section 1.1 of this Memorandum of Understanding.
§1.2. The term "Service" shall mean an employee's State service as determined by the State University.
Section 2. Eligibility
§2.1 The severance benefits provided by this Severance Option shall apply solely to affected employees:
Section 3. Payment Schedule
§3.1 All affected employees with at least six (6) months, but less than one year of service, other than those covered under Section 3.2 below, are eligible to receive $2,000 or two weeks' base pay, whichever is greater.
Each additional year of service will result in a $600 increase per year to a maximum of $15,000. However, employees in the following categories will receive the amount specified if that amount exceeds that which would be otherwise payable.
§3.2 Affected employees 50 years of age and over may elect to receive payment pursuant to either the schedule in Section 3.1 above or are eligible to receive the following:
Section 4. Payment Conditions
§4.1 All payments made to affected employees under the Severance Option shall be reduced by such amounts as are required to be withheld with respect thereto under all federal, state and local tax laws and regulations and any other applicable laws and regulations. In addition, the severance payment made pursuant to Section 3 of this Severance Option shall not be considered as part of salary or wages for the purposes of determining State and member pension contributions and for the purposes of computing all benefits administered by the New York State Employees Retirement System, New York State Teachers' Retirement System or the Optional Retirement Program.
§4.2 All payments made to affected employees under this Severance Option are considered to be one-time payments and shall not be pensionable. Each affected employee must execute a Severance Agreement as set forth in Article D of this Memorandum of Understanding prior to separation from State service in order to be eligible to receive said payment.
§4.3 In no event shall an affected employee who returns to State service receive severance pay in an amount that would exceed that which he or she would otherwise have received as base annual salary during the period of separation from State service. Should the severance pay exceed the amount of base annual pay otherwise earned during the period of separation from State service, said employee shall repay the difference pursuant to the following rules:
Section 5. Savings Clause
§5.1 If any provision of this Severance Option is found to be invalid by a decision of a tribunal of competent jurisdiction, then such specific provision or part thereof specified in such decision shall be of no force and effect, but the remainder of this Severance Option shall continue in full force and effect.
ARTICLE D. SEVERANCE AGREEMENT
I hereby apply for the severance benefits as described in the Severance Option as set forth in Article C of the Memorandum of Understanding on Contracting Out as set forth in the 1995-99 Collective Bargaining Agreement between the parties and agree to accept such benefits if my application is approved by the State of New York. I understand that the State of New York shall approve applications of all employees who are eligible to apply for such benefits pursuant to the provisions of Article 36.2 (b) of the 1995-99 Collective Bargaining Agreement.
I understand that by accepting these severance benefits, I agree to be bound by the terms and conditions set forth in Article C of the Memorandum of Understanding on Contracting Out, which is incorporated herein by reference. These terms and conditions include the following:
I understand that I shall not be required to make any payment on account of the monetary severance payment and/or any other benefits I receive pursuant to this agreement into any retirement or pension system or plan of which I am or may become a member, nor shall any such payment be permitted.
I understand that the State of New York shall not be required to make any contribution or payment into any retirement or pension system or plan of which I am or may hereafter become a member based upon the cash severance payment, and/or any other benefits I receive pursuant to this agreement.
I understand that any monetary severance payment and/or other benefits paid to me pursuant to this agreement shall not be considered in determining rights, benefits or allowances to which I or my beneficiaries or heirs may be entitled under any Retirement or Pension System or Plan of which I am or may hereafter become a member.
I understand that, in exchange for my agreement to all the terms and conditions set forth in Article C of the Memorandum of Understanding on Contracting Out, the State will do the following:
The State will pay me a monetary severance payment in the amount determined in accordance with my length of service, as described in Article C of the Memorandum of Understanding on Contracting Out.
This written agreement, including Article C of the Memorandum of Understanding on Contracting Out referenced herein, contains all the terms and conditions agreed upon by the parties. In the event that the terms of this agreement conflict with the 1995-99 Collective Bargaining Agreement between the State and the United University Professions, the terms of the 1995-99 Collective Bargaining Agreement shall prevail.
I accept the severance benefits as described in Article C of the Memorandum of Understanding on Contracting Out as set forth in the 1995-99 Collective Bargaining Agreement between the United University Professions and the State of New York.
Employee's Social Security No. ____________________________
Employee's Campus ______________________________
Employee's Official State Title _____________________________
Sworn to before me this _________________date of
________________________ Notary Public
Dr. William E. Scheuerman, President
RE: Contracting Out/Preferential Consideration With Contractor
Dear Dr. Scheuerman:
This will confirm the understanding reached during negotiations of the 1995-99 State/UUP Agreement regarding transition benefit of Article 36.2 (c) of the Agreement concerning preferential employment with the contractor.
In an effort to create possible placement opportunities with the contractor, the State University will include as part of the Request for Proposal a requirement that the contractor give preferential consideration to affected employees for positions with the contractor on such project, if available.
The contracting campus shall be responsible for making affected employees aware of any job opportunities with the contractor which the contractor notifies the campus are available. This responsibility may include providing names of interested employees to the contractor, arranging interviews, and otherwise providing information and assistance regarding contractor hiring. Such responsibility shall cease at such time as either the affected employees have gained employment with either the State or the contractor or have selected and received a transition benefit from Article 36.2 (a) or (b).
Also, the State will seek legislation which shall permit employees to exercise this option without violation of the revolving door provisions of the State Ethics Law.
Dear Dr. Scheuerman:
Should the State University contract out for services currently performed by employees represented by the United University Professions (UUP), this shall confirm that the following information will be provided by the campus upon the union's written request:
Dear Dr. Scheuerman:
This is to confirm our mutual understanding that with respect to the State's right to contract out for goods or services as provided for in Article 36 of the Agreement, the provisions of the Ethics Law, as set forth in Public Officers Law Sections 73 and 74, must be adhered to. When the State is contracting for goods or services performed by PSNU employees, the contract bidding process and any contract must comply with the provisions of the Ethics Law. In this regard, the parties agree that the bidding process and the contract must conform to the Ethics Law provisions concerning potential and actual conflicts of interest.
The parties acknowledge that any subsequent amendments or exception to and/or changes in the Ethics Law, or the application thereof, are binding on the parties.
Dear Dr. Scheuerman:
This is to confirm our mutual understanding that the State's right to contract out as specified in Article 36 of the Agreement shall apply to all positions, including vacancies. However, in the event current PSNU employees would be affected, the State shall not contract out for goods or services performed by PSNU employees with the following organizations: the Research Foundation, any campus foundation, the SUNY Construction Fund, University Auxiliary Services Corporation, or any Faculty Student Association.
Furthermore, with respect to vacant positions, the State shall not contract out with the aforementioned organizations for goods and/or services which have been exclusively performed by PSNU employees.