Professional Documents
Culture Documents
Table of Contents
Preamble
Article I- Recognition
Article II- Bargaining Units
Article III- Management Clause
Article IV- Personnel Rules and Regulations
Article V- Scheduling of Employees
Article VI- Leave Regulations
Article VII- Sick Leave
Article VIII- Vacations
Article IX- Operation of Library in Extreme Weather Conditions
Article X- Transfers
Article XI- Benefits Funds
Article XII- Union Rights and Responsibilities
Article XIII- Checkoff
Article XIV- Grievance Procedure
Article XV- Arbitration
Article XVI- No Strike-No Lockout
Article XVII- Agency Shop
Article XVIII- Personnel Records
Article XIX- Safety and Security
Article XX- Mileage Allowance
Article XXI- Holidays
Article XXII- Pre-holiday Closings
Article XXIII- Special Holiday Observance
Article XXIV- Bonus Day
Article XXV- Uniforms
Article XXVI- Lateness
Article XXVII- Automation
Article XXVIII- ID Cards
Article XXIX- Transit Checks (Metro Cards)
Article XXX- Probation
Article XXXI- Job Description
Article XXXII- Disability Benefits
Article XXXIII- Death Benefits
Article XXXIV- Duration
Article XXXV- Savings Clause, Choice of Forum
Letters of Agreement
Index
PREAMBLE
Agreement made the 7th of February, 2002 by and between the Brooklyn Public Library
(hereinafter called the "Library"), and Brooklyn Library Guild Local 1482 and District Council 37,
of the American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter
collectively called the "Union").
WITNESSETH:
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ARTICLE I
RECOGNITION
A. 1. The Library recognizes the Union as the exclusive collective bargaining representative
of employees of the Library whose salaries are funded by the City of New York or by publicly
funded grant programs of at least eighteen months in duration employed in titles listed in
the bargaining units described in Article II. Such recognition, however, does not extend to
employees who are employed in a joint project involving institutions or agencies other than the
library, notwithstanding the above.
2. For the purposes of this Agreement, the terms "employee" or "employees" shall hereinafter
mean a person or persons for whom the Union is the collective bargaining representative under
this Agreement. For the purposes of this Agreement the terms "City-funded employee(s)"
or "Publicly-funded grant employee(s)" shall mean a person or persons for whom the Union is
the collective bargaining representative pursuant to Section A. 1. of this Article.
2. Collective bargaining between the Library and the Union for employees shall not include
appropriateness of titles assigned to a class of positions, appropriateness of the occupational
group to which a class of positions is assigned, or any other similar matter over which the
Library does not have sole control.
3. Nothing contained herein shall prevent collective bargaining between the Library and the
Union for employees with respect to the implementation of benefits for which the City of New
York has approved and allocated funds to the Library, or contingent on the approval and
allocation of such funds, or with respect to overtime, shift differential, holiday premium pay and
mileage allowance, or with respect to those benefits which are not contingent upon the approval
or allocation of such funds.
C. 1. Subject to the actual receipt by the Library of the necessary funds therefor, and to the
extent that, under existing law, contract and program requirements, the Library shall have the
power to do so, publicly funded grant program employees shall receive salaries and other
benefits, including payments to benefit trust funds on their behalf, equal to the salaries and
benefits provided to City-funded employees in the same or similar titles or in equated titles, as
set forth in Article II of this Agreement.
2. Nothing contained in this Agreement shall require the Library to make any application for
grants or projects, or for any renewal or modifications thereof except as the Library, in its sole
discretion determines, nor shall the Library be, in any way, prevented from making any such
application therefor. Any such application as may be made, however, shall be in such scope
and form as shall be necessary to comply with the provisions of this Agreement.
D. 1. If during the term of this Agreement an agreement entered into between the City of New
York and District Council 37 changes or improves benefits, other than salaries, provided by
the City to its employees, the Union, upon thirty days' notice to the Library, shall be entitled to
reopen collective bargaining for this Agreement solely as to the extent that such changes or
improvements shall apply to employees, subject to the provisions of this Article.
2. Upon the reopening of collective bargaining hereunder, such bargaining shall be limited to
the application of any such change or improvement in benefits presently provided to employees
under this Agreement and either party shall then be entitled to introduce bargaining with respect
to any such change or improvement.
E. Nothing in this Agreement shall be construed as requiring any employee to join the Union.
The right of any employee to join or withdraw from the Union, or to refrain from joining the
Union, is recognized by the parties to this Agreement.
F. The Library and the Union agree that they shall not interfere with the right of any employee
to become a member of the Union, if he/she so desires, or to refrain from union membership,
and the Library and the Union shall not discriminate against any employee because of his/her
membership or non-membership in the Union.
G. Nothing herein shall be construed to preclude or restrict the right of any individual employee
to discuss with the Library, or the right of the Library to discuss with any individual employee,
any matter relating to the terms and conditions of his/her employment, except that as to matters
which are the proper subjects of collective bargaining, any changes or modifications shall be
made only through negotiations with the Union.
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ARTICLE II
BARGAINING UNITS
A. The Bargaining Units represented by the Union shall include all persons employed under the
following titles:
Unit 1 - Librarian Classifications:
Library Information Assistant (Library Associate)
Librarian Trainee
Librarian
Senior Librarian
Supervising Librarian
Principal Librarian
except where the Office Title/Position is specifically excluded in Article II B.
B. Exclusions: All City Pay titles not mentioned above are specifically excluded from any
bargaining unit. In addition, the following Office Titles/Positions are excluded:
C. If the City establishes a new title which is adopted by the Library, and such title is solely a
change in the nomenclature of a title previously represented by the Union or such new title is a
combining of two or more titles all of which were represented by the Union, the Library hereby
recognizes the Union as the exclusive collective bargaining representative of Library employees
in any such new title. The effective date of such recognition shall be the date such title is or
was established in the Library. Upon such recognition such new title shall be in the appropriate
bargaining unit described in Article II. Any excluded position in the previous title shall continue to
be excluded in such new title unless otherwise agreed upon.
The Library shall notify the Union in writing of each new title affected by this subsection.
D. The Library shall notify the Union ten (10) days in advance of the posting or the creation
of a new title and shall provide the Union with the job description, salary/salary range and
appropriate city-equivalent title.
E. The Library shall not create new titles/office positions with duties similar to existing
represented titles in order to avoid union representation.
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ARTICLE III
MANAGEMENT CLAUSE
The Library has all the customary and usual rights and functions of management except those
rights and functions which are expressly modified by the written terms of this Agreement.
The Library is vested with but not limited to, the following specific reserved rights except
as otherwise provided in this contract: the right to determine its services, staffing, and the
scheduling thereof, including the hours of performing these services; the methods, processes
and means of its operations, including the introduction of new methods and facilities, and
changes in existing methods and facilities, the contracting and sub-contracting for work or
services, the right to open, relocate and close any agency, and the right to select a location for
any agency, the right to select its own employees, to hire employees on a regular, probationary,
seasonal or temporary basis and assign them to duties, the right to supervise and direct
employees in the performance of their duties, the right to schedule, transfer, promote and
demote employees; the right to suspend or discharge employees or take other appropriate
disciplinary action; the right to establish and promulgate rules and regulations and from time to
time add to or change such rules and regulations.
The adverse effect on the employees in the bargaining units in the exercise of the rights of
management as stated above shall be subject to the grievance and arbitration provisions of
this Agreement. Nothing herein shall be deemed to diminish an employee's right to bring a
grievance or arbitration in accordance with the terms and provisions of this Agreement as set
forth in Articles XIV and XV.
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ARTICLE IV
PERSONNEL RULES AND REGULATIONS
Except as otherwise provided by the terms of this Agreement, the Brooklyn Public Library
Rules Affecting Personnel and the written interpretation and revisions thereof which have been
promulgated by the Library are incorporated by reference into this contract and shall remain in
full force and effect.
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ARTICLE V
SCHEDULING OF EMPLOYEES
A. Shifts.
The Library agrees to establish employee work schedules so that no employee is regularly
scheduled to work a split shift except in temporary emergency situations.
B. Overtime.
1. General.
a. Employees shall be entitled to accrue up to five (5) workdays of overtime and/or
compensatory time credit.
b. All overtime under forty (40) hours shall be compensated by straight compensatory time.
c. All overtime over forty (40) hours shall be compensated at the rate of time and one-half in
cash or, at the option of the employee in the titles of Librarian, Senior Librarian, Supervising
Librarian and Principal Librarian, at the rate of time and one-half in compensatory time.
d. Schedules shall not be changed to avoid payment of overtime.
2. Approval.
All paid overtime in excess of forty (40) hours shall require the approval of the Director or his
designee prior to being granted.
a. Emergency overtime as used in this Article shall mean: work required to prevent or restrict
loss of or danger to life and property; or to prevent serious financial loss to the City; or to avert
widespread inconvenience to the public; or for work which is of unusual character or which can
only be performed on overtime.
C. Meal Allowances.
Effective on the signing of this Agreement, the following meal allowances shall be provided to all
employees who work authorized overtime not compensated for in cash:
Time off for meals shall not be computed as overtime. However, such time off shall not affect
the continuity requirement for the above meal allowances.
E. Work Week.
1. The Library operates on a six (6) day work week. Saturday is considered part of the regular
work week.
2. The full time work week shall consist of five (5) work days. The number of hours for full-time
employees during any work week will be thirty-five (35) or forty (40) hours depending on job
classification.
3. The workday for full-time employees will consist of seven (7) or eight(8) consecutive hours
of work depending on job classification and an unpaid meal period, except that employees who
work an evening schedule shall receive a paid thirty (30) minute meal break. Two (2) break
periods of fifteen (15) minutes are paid work time.
F. Work Schedules.
1. General.
a. Weekly work schedules shall be posted one month in advance in each work location.
b. Weekend schedules shall be posted three months in advance in each work location.
c. When feasible, employees shall be given at least twenty-four (24) hours notice of changes in
their work schedules.
2. Public Service.
a. Public service staff is defined in this article as clerical and librarian occupational titles who are
assigned to public service work at branches, Central Library units/divisions and/or the Business
Library.
b. Such staff who work on Saturday will be given priority for having a Scheduled Day Off
(SDO) on the following Monday or Friday, or, if the employee so requests another day in that
week. However, an employee who works more than two Saturdays in a month, shall then
have the option to earn compensatory time in their bank or a scheduled day off at the mutual
convenience of the parties.
c. Employees who volunteer or request to work a fixed schedule which includes Saturday are
not covered by this provision.
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ARTICLE VI
LEAVE REGULATIONS
Leave without pay for this purpose must be taken in units of one full day. A request for leave
without pay for this reason must be submitted in the usual manner at least ten days before the
requested leave is to start.
E. Terminal Leave
Terminal leave as presently computed shall be granted as a matter of right rather than at the
discretion of the director, with the following exception. As an alternative to the present method
of computing terminal leave due, an employee upon retirement may elect to receive a Terminal
Leave Allowance computed on the basis of one day of terminal leave for each two days of
unused sick leave accumulation, to a maximum of one Hundred twenty (120) days Terminal
Leave Allowance. Under the latter option Terminal Leave shall be computed on the basis of
work days, rather than calendar days.
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ARTICLE VII
SICK LEAVE
A. Sick leave shall be used only for personal illness of the employee. Approval of sick leave in
accordance with the Library's "Rules Affecting Personnel" is discretionary with the Director of
Human Resources and proof of illness/disability must be provided by the employee, satisfactory
to the Director of Human Resources.
1. An employee requests sick leave for more than three consecutive work days; or
2. An employee uses undocumented sick leave more than five times in any six-month sick leave
period; or
3. An employee uses undocumented sick leave more than four times in any six-month sick
leave period on a day immediately preceding or following a holiday or a scheduled day off.
C. For the purposes of B. 2. and B. 3. above, the year shall be divided into two six-month sick
leave periods. They shall be 1) July 1 to December 31, inclusive, and 2) January 1 to June 30,
inclusive. An employee who exceeds the allowable number of undocumented absences in any
sick leave period pursuant to paragraphs B. 2. and B. 3. above shall thereafter, commencing
with the next sick leave period, be required to submit medical documentation, satisfactory to the
Director of Human Resources, before further sick leave may be approved. The requirements
for such documentation shall continue in effect until the employee has worked a complete sick
leave period without being on sick leave more than two times.
D. For the purposes of this Article "one-time" shall mean the consecutive use of one-half or
more work days for sick leave. Sick leave taken in units of less than one-half work day shall be
counted as "one-time" on sick leave when the cumulative total of such sick leave amounts to
one-half day.
G. The medical documentation required by this Article shall be from a health practitioner
licensed by the state in which he/she practices to diagnose and certify illness or disability.
H. The number of sick days permitted to accumulate shall be unlimited. An employee's sick
leave reserve bank shall be transferred to his/her regular sick leave balance.
I. Upon reemployment, an employee's sick leave credit, including his/her sick leave bank, shall
be restored in full.
J. After all sick leave is exhausted the employee shall, upon a written request to the Human
Resources Department, have the option of either going on LWOP for up to ten working days, or
using annual leave allowances. If the employee does not exercise such option, such employee
shall be placed on annual leave first.
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ARTICLE VIII
VACATIONS
A. The Union recognizes that to provide and maintain adequate service to the public on a year-
round basis the Library must always be adequately staffed. In the establishment of vacation
schedules the Library shall have the sole right to determine staffing needs. Accordingly,
vacations shall be scheduled by the Library, to the extent possible, in each work location and
in each title, based on the first choice of those with the greatest seniority in title. Employees
in higher positions in the chain of command shall be given priority in choice of vacation over
title seniority. Such priority shall be given based on the higher order of position in the chain of
command.
B. The vacation year shall begin on July 1st and shall continue until June 30th. Agencies shall
not be required to submit vacation schedules prior to May 1st.
D. In the event an agency head calls upon an employee to forego his/her vacation or any part
thereof in any year, that portion shall be carried over until such time as it can be liquidated.
Annual leave may be used in units of one-half hour with the permission of the agency head.
A certificate of illness or accident, signed by the attending physician, specifying the nature
and dates of the illness/disability and a signed statement from the employee requesting the
restoration of annual leave credits and specifying the nature and dates of illness/disability, and
the name of his/her attending physician, must be submitted by the employee within three (3)
work days of his/her return from leave.
Annual leave credits restored under the above provision shall not serve to extend the period of
annual leave during which the illness/disability occurred.
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ARTICLE IX
OPERATION OF THE LIBRARY
IN EXTREME WEATHER CONDITIONS
A. The Union acknowledges that in fulfilling its obligations to provide continuous service to the
public, the Library must remain open and maintain its services whenever possible despite bad
weather.
B. 1. Agencies shall be equipped with a hygrometer which shall be placed at the charge desk
and shall be read during periods of extreme heat and/or humidity. However, there shall be no
THI reading taken until three hours after the opening of an Agency, but no later than 1 P. M.
Subsequent readings will be taken at l/2 hour intervals commencing one hour after the first
reading.
2. When the hygrometer registers 81 or above, on any day except Wednesday, at the first
reading that agency shall close one hour after the reading. However, when the above conditions
occur on Wednesday, the agency shall go on reduced staff one hour following the reading
and remain open according to schedule. Reduced staff shall include employees scheduled
on the late shift, and one additional employee wherever needed to cover the supper period.
Such reduced staff shall receive straight compensatory time for any hours worked in excess
of four scheduled hours worked. The head of the agency or his/her designee shall notify the
appropriate office: Neighborhood Services, Central Library Administration, of all THI actions.
If a branch/division of the Library does not have evening hours on Wednesday, the Library shall
have discretion to implement the THI procedures for Wednesday provided for in this Article on
another single day per week, Monday through Thursday, in such a branch/division. In no case
shall such alternative procedures be in effect on more than one day per week. Employees in an
agency in which the Library exercises its discretion pursuant to this section shall receive prior
notice.
3. When the hygrometer does not register 81 or above at the first reading, but does so at a
subsequent reading, on any day except Wednesday, the agency shall close. However, when
the condition occurs on Wednesday, the agency shall go on reduced staff and remain open
according to schedule. Reduced staff shall include employees scheduled on the late shift, and
one additional employee wherever needed to cover the supper period. Such reduced staff
shall receive straight compensatory time for any hours worked in excess of four scheduled
hours worked. The head of the agency or his/her designee shall notify the appropriate office:
Neighborhood Services, Central Library Administration, of all THI actions.
C. 1. Multiple-floor agencies shall be equipped with an additional hygrometer for each floor
except basements to which staff are not regularly assigned. Placement of these hygrometers
will be at the charge desk on each floor provided there is a charge desk. Otherwise they will
be placed at a suitable location mutually agreed upon. Hygrometer readings on upper floors
will commence four hours after the opening of a Library. When the hygrometer on an upper
floor registers 81 or above, on any day except Wednesday, at the first reading, the agency
supervisor will reassign the staff to a floor where the hygrometer registers less than 81. When
the hygrometer does not register 81 or above at the first reading, but does so at a subsequent
reading, on any day except Wednesday, the agency supervisor will reassign the staff to a floor
where the hygrometer registers less than 81. When the hygrometer on a floor that has been
closed registers less than 81 the staff shall return to that floor and that floor shall be opened to
the public. When all staff in a multi-floor agency have been assigned to the first floor the same
rules shall apply as in a one-floor agency.
D. Special Provisions for Maintenance Staff, Regional Office Staff, Motor Vehicle Operators and
Custodians
1. Maintenance staff shall be governed by the hygrometer reading at the agency where, they
are working. However, there shall be a minimum maintenance staff of four on duty during their
normal work day, three of whom shall be responsible for branch emergencies and one for the
Ingersoll Building.
2. Regional Office staff shall be governed by the hygrometer reading at the agency at which
they are working.
3. Motor Vehicle Operators (except Library on Wheels drivers) shall be governed by the
hygrometer reading taken at Central Park. When the official THI at Central Part reaches 81,
Motor Vehicle Operators shall return with their trucks to the Interchange Department, where
they shall perform their regular duties for the remainder of the day. This THI provision shall not
apply until the driver has worked at least (4) hours.
4. Custodians who are scheduled to report to work before 9:00 A.M. shall take a hygrometer
reading four (4) hours after their scheduled arrival time. Subsequent readings shall be taken at
one half hour intervals. Such readings shall be taken at the charge desk on the first floor. When
the THI registers 81 degrees or above, on any day except Wednesday, the custodian(s) shall
be released. However, when the above condition occurs on Wednesday, the agency head shall
decide whether the custodian shall be released or continue working. If they continue working
after the THI reaches 81 custodians shall receive straight compensatory time off for any hours
worked in excess of four (4) scheduled hours worked. The agency head shall notify the Director
of Planning, Design & Facilities who, in turn, shall notify the appropriate office of public service
or support service of all THI actions.
E. When the indoor temperature at an agency remains below 65 degrees two hours after the
beginning of the work day, the agency supervisor shall call the appropriate office: Neighborhood
Services, Central Library Administration, to get a decision in regard to the closing of that
agency. However, if the temperature remains below 65 degrees for two hours after noon the
staff shall be reassigned or released by the appropriate office: Neighborhood Services, Central
Library Administration, Executive Deputy Director or Deputy Director for External Affairs.
F. In any instance in which a work location is closed because of extreme weather conditions, the
Library may reassign the employees of the closed work location to other work locations where
the extreme conditions do not exist. Where a work location is closed because of a breakdown
in the heating or air conditioning systems, the Library may request staff to remain at another
location until the system is repaired and conditions returned to normal.
G. Time off granted to employees because of extreme weather conditions shall not be charged
to leave accruals.
H. Employees shall not be permitted to work in buildings or on floors which have been
closed due to extreme weather conditions, except that maintenance staff shall be required
to investigate emergencies or potential emergencies, secure the building when necessary
or correct the conditions which caused the closing. Maintenance staff shall receive straight
compensatory time for hours worked after the agency's staff has been released.
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ARTICLE X
TRANSFERS
A. Voluntary Transfers.
1. The Library shall maintain a transfer list. Names shall be placed on a transfer list in order
of application for the list. A transfer list to be valid must consist of at least two names for each
identifiable vacancy. However, a new employee may not request a transfer until he/she has
completed six months of service. An employee shall be entitled to be on up to five transfer lists
at any one time. When a vacancy occurs, the Library shall fill the vacancy by selecting the most
qualified of the first three names who meet the minimum qualifications of the position on the
transfer list. Employees on a transfer list shall be notified if they are passed over for selection.
When in the sole determination of the Library, either two or all three of such three names are
equally qualified the employee first requesting transfer shall be selected. When a transfer list is
near exhaustion, the Library shall notify staff of this fact.
2. The Library reserves the right to waive use of a transfer list when the transfer of an employee
on the list will lead to a vacancy that can be filled only by invoking the mandatory transfer clause
in this Article. However, the Library may not exercise such waiver when an employee requesting
transfer has performed for at least 18 months in his/her current assignment.
3. An employee who places his/her name on a transfer list shall be required to accept the
transfer if called to work in that location. Prior to implementation of this new provision (A.3) the
Library shall provide each employee with a list of their transfer requests for review.
4. Once an employee accepts a voluntary transfer from a list or a promotion his/her name shall
be removed from all transfer lists, and he/she must serve in his/her new assignment for a period
of at least one year prior to being eligible to apply for a transfer under the provisions of the
voluntary transfer clause of this Article.
B. Involuntary Transfers.
1. Where a transfer to fill a vacancy must be made from a work location, the Library may
request any person in the office title, in the proper class of position to transfer. Such a transfer
would be mandatory for the person with the least seniority in the office title in the Brooklyn
Public Library.
2. In determining employee seniority for mandatory transfer purposes, the Library may exclude
employees in agencies carrying more than the average system wide vacancy rate in the class of
position and office title involved in the transfer.
3. For mandatory transfers, an employee's seniority will not be effective until he/she has
accrued at least 6 months service in title in that level of employment.
4. There shall be no involuntary transfers that would entail employees having to travel for more
than two fares or travel more than one hour from his/her home to his/her work location if he/she
is a resident of Brooklyn.
The Library and the Union, recognizing the special nature and needs of the Human Resources
Department and the Finance Department of the Library, agree that the Library shall have the
right to waive the provisions of Section A and B of Article X for any position to be filled in these
departments. This paragraph shall not change the applicability of Sections A and B with respect
to transfers out of either the Human Resources Department or the Finance Department.
E. Temporary Reassignment
When an employee arrives at his/her work location, and is then reassigned to another work
location, he/she shall receive the cost of public transportation to the new location.
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ARTICLE XI
BENEFITS FUNDS
A. Employees, retirees and appointed part-time employees (working at least one-half the regular
hours of full time employees in the same title) employed in or retired from any of the titles in the
bargaining units set forth in Article II shall be entitled to payments on their behalf to the District
Council 37 Health and Security Plan, provided that the City of New York has agreed or agrees
to make such payments, or has approved and allocated funds to the Library for such purpose, in
such amounts as shall be determined from time to time by agreement between the City of New
York and District Council 37, AFSCME, AFL-CIO.
B. 1. The Union hereby agrees that the Library and/or its officials and other persons employed
by it, individually and collectively, shall not be liable for any mistake, error of judgment,
embezzlement, defalcation, or any other wrong-doing or misfeasance, whether intentional,
negligent, or otherwise, or any other act of omission, commission, misfeasance, or malfeasance
of the Union or any of its officers, agents or other persons employed by it in the receipt and/or
transmission of payments to the District Council 37 Health and Security Plan, or to the District
Council 37 Education Fund, Legal Services Fund, or District Council 37 Benefits Fund Trust
hereinafter provided for, and/or in the operation or administration of any of the said Plans
or Funds and/or for any failure or omission of the Union for any reason whatsoever, to carry
out the terms of any agreement which the Union and the City of New York have made or will
make in the future as to payments to be made to the said Plans or Funds on behalf of Library
employees.
2. The Union hereby further agrees to hold the Library and/or its officials and persons employed
by it harmless against any claim whatsoever arising out of the receipt and/or transmission of the
aforesaid payments and/or in the operation or administration of the said Plans or Funds and/or
out of the failure or omission of the Union for any reason whatsoever to carry out the terms of
any agreement which the Union and the City of New York have made or will make in the future
as to payments to be made to the said Plans or Funds.
C. 1. The Library agrees that certain of its employees shall be entitled to payment of
contributions on their behalf to the District Council 37 Education Fund. The employees for whom
such contributions shall be paid shall be those in titles of the Library which are the same as the
titles of employees of the City of New York for whom the City has agreed or agrees to make
contributions to the District Council 37 Education Fund.
The Agreement of the Library covering certain of its employees under this Section shall be
subject to the agreement of the City of New York to make such payments in such amounts as
shall be determined from time to time by agreement between the City of New York and District
Council 37, AFSCME, AFL-CIO.
2. Attendance at a course shall not interfere with staff coverage requirements of the Library.
D. The Union may utilize a portion of the contribution to provide legal services for employees
through a legally trusteed Fund established for such purpose.
E. The Union shall be entitled to receive such separate contributions as may be provided in
this Agreement for welfare, training and legal services benefits as a single contribution. In such
event, this contribution shall be paid into a trusteed District Council 37 Benefits Fund Trust,
to be established by the Union and shall be held by the trustees of that fund for the exclusive
purpose of providing, through other trusteed funds, welfare, training and legal service benefits
for the employees so covered as well as any other benefits as the Library and the Union may
agree upon.
F. The Union may allow the District Council 37 Benefits Fund Trust to utilize an amount not to
exceed ten dollars per person covered per year from Welfare Fund contributions to help defray
the costs of health insurance and pension counseling for such persons.
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ARTICLE XII
UNION RIGHTS AND RESPONSIBILITIES
A. Bulletin Boards.
At each location where there are employees covered by this agreement, the Library shall furnish
space on a staff bulletin board approximately twenty (20) by twenty-eight (28) inches in size, or
such other equivalent facilities usually used for bringing notices to staff attention, for exclusive
use by the Union.
The bulletin board shall be used only for legitimate Union business. Any other notices may be
posted only with the Library's prior approval.
Notices and announcements shall not contain anything of a public political nature or anything
reflecting unfavorably upon the Library, or any of its employees, and no material, notices or
announcements which violate the provisions of this section shall be posted.
2. Individuals who are not employees of the Library who are found to be engaged in any Union
related activity on Library premises will be requested to refrain from continuing such activity
except as provided by Section D of this Article.
D. Visitation.
Officers, agents, representatives or members of the Union who are not employees of the Library
shall be admitted to the Library for the purpose of conferring with an employee who has a
grievance, investigating a grievance and representing an employee at a grievance hearing as
provided in the grievance procedure. Arrangements for such visits shall be made in advance
through the Human Resources Department and such visits shall be limited to those portions of
Library premises as shall be designated for this purpose.
E. Stewards.
The Library recognizes the right of the Union to designate shop stewards whose function shall
be the investigation and presentation of grievances. The performance of this function shall in no
way interrupt the normal functioning of the Library.
The Union shall notify the Library of the work locations under the jurisdiction of each shop
steward.
Employees must receive advance approval for participation at such Union negotiations or
conferences. Except as otherwise provided in the grievance procedure, no other union activity
shall be conducted on Library time.
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ARTICLE XIII
CHECKOFF
A. The Library shall deduct the bi-weekly Union dues from the wages of any employee who is a
member of the Union and who submits to the Library a written personally signed authorization
card therefor. The Library shall deduct from the wages of employees in the bargaining units
who do not choose to become members of the Union, a contract consideration fee which shall
be an amount of money equal to that paid by other employees in the bargaining unit who are
members of the Union as provided for in Article XVII. The Library shall submit to the Union a list
of employees in the bargaining units, indicating the decision made by each employee regarding
check-off for membership dues or contract consideration fee. Any change in the bi-weekly dues
shall require a statement from the Union that the dues were changed in accordance with Local
1482's Constitution. Such change shall become effective two payroll periods after receipt by the
Library.
B. The total amount of dues and contract consideration fee withheld, less a charge for Library
expenses incurred in connection with this deduction, as specified in section G below, shall be
remitted to the Union no later than seven days following the pay period in which such dues and
contract consideration fees were deducted, with a list of additions and deletions.
C. An authorization for the deduction of Union dues shall be accepted by the Library only if
submitted on the approved checkoff authorization card which shall be personally signed and
submitted complete in all respects. All checkoff authorization cards shall be dated as of the date
of submission to the Library and shall become effective beginning the second payroll period
after receipt.
D. Authorization may be revoked and deduction of Union dues terminated by the employee
giving the Library and/or the Union thirty (30) days written notice in advance. Authorization of
deductions shall remain in effect for the duration of this Agreement, except as provided above.
E. The Union shall designate an officer who shall be responsible for receipt of the remittance of
dues and contract consideration fees. The Library and/or its officials and employees shall not
be liable either to the Union or to any employee member of the Union in connection with the
deduction of Union dues, contract consideration fees or the checkoff system, for any mistake,
error of judgment or any other act of omission or commission with respect thereto or to see the
application or disbursement of these funds by the recipient thereof.
F. It is the understanding and agreement of the Library and the Union that this checkoff system
is for the collection of dues and contract consideration fees only and shall not be used for the
collection of any Union-imposed fines, penalties, or assessments, nor shall it be used for the
collection of initiation fees or any other type of Union collection of monies. It is understood that
in the event that an employees earnings are insufficient to provide for all authorized deductions,
Union dues and contract consideration fees shall be considered last in arithmetical sequence;
therefore, where the residual amount of pay after all deductions is less than the full amount of
dues or contract consideration fees, no fractional amount of deduction shall be made or carried
over for deduction in any subsequent payroll period.
G. A service charge of five cents (.05) per employee per pay period shall be withheld by the
Library from the bi-weekly checkoff remittance to the Union.
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ARTICLE XIV
GRIEVANCE PROCEDURE
A. 1. The term grievance shall mean any dispute between the Library and the Union or between
the Library and any employee or group of employees within the bargaining units concerning
the meaning and application and the alleged violation of the express written provisions of
this collective bargaining agreement, or any inequitable application of the Library's rules,
regulations, procedures and policies which have an adverse effect on an employee, group of
employees or all employees within the bargaining units. The term grievance shall also include
the discipline of an employee or group of employees.
2. The term grievance shall also mean a dispute concerning any adverse action taken by
the Library as a result of Administrative decisions following a Special Probation Rating. Such
grievance will commence at the Step 2. Such grievance must be submitted no later than thirty
(30) work days after the grievance arises.
4. Such grievances will be handled according to the following procedure, but nothing herein will
prevent any employee from discussing any problem with his/her supervisor, branch or agency
head.
5. Any employee in the bargaining unit who is not satisfied with the problem as informally
resolved may file a grievance with respect to those matters expressly made subject to the
grievance procedure, and no other matters, in a form and under the terms and conditions of this
procedure as follows. Any such grievance filed must be in writing.
6. The Library shall notify the Union in writing of any grievance filed by employees acting
independently. The Union shall have the right to have an observer present at the hearing. The
observer shall not participate in the hearing unless requested to do so by the grievant. The
Library shall notify the Union of the determination subsequent to the hearing.
B. Procedure.
1. STEP 1. To initiate a grievance under the formal grievance procedure, the employee shall
submit in writing a statement of the grievance to the employee's immediate supervisor, who
shall show that he/she has seen it by placing his/her initials thereon. The employee shall
then forward the statement through the normal channels so that it reaches the director of the
department in question within thirty work days after the grievance arose or after the aggrieved
employee may reasonably be presumed to have had knowledge of the matter.
The department head shall render a written decision within ten (10) work days after the receipt
of the grievance. In the submission of this grievance the employee may be assisted by an
individual who is an employee of the Library.
2. STEP 2. The grievance shall be deemed to have been satisfactorily disposed of under STEP
1 unless within five work days after the recipient in STEP 1 has rendered his/her decision,
the aggrieved employee or his/her representative submits in writing an appeal to the Labor
Relations Officer who shall conduct a grievance hearing within fourteen (14) work days after the
receipt of the appeal. At any such hearing the employee may appear with a union shop steward
or a representative of his/her own choosing. The party conducting the hearing shall at his/her
discretion render a decision at the conclusion of the hearing or within fourteen (14) work days
after the conclusion of the hearing.
3. STEP 3. The grievance shall be deemed to have been satisfactorily disposed of under the
preceding steps unless within ten (10) work days after receiving the determination of the party
designated in STEP 2, the employee or his/her representative presents an appeal in writing to
the Executive Director. The Executive Director or his/her designee may, at his/her discretion,
conduct a further hearing. At any such hearing, the employee may appear with a union shop
steward or representatives of his/her own choosing, one of whom may be an employee of the
Library. The Executive Director or his/her designee shall render a decision within twenty (20)
work days after receipt of the grievance. A copy of this decision shall be sent to the Union.
4. If the Library exceeds any of these time limits, the grievant and/or the Union may invoke the
next step in the grievance procedure by giving written notice; except, however, that only the
Union may invoke arbitration under Article XV.
C. Disciplinary Procedure.
1. Where as a result of the Library's investigation it is determined that an employee is to be
disciplined, he/she shall receive a written statement of charges. A hearing shall be held on
these charges at the STEP 2 level of the grievance procedure. Such a hearing shall be held
within ten (10) working days after the receipt of the statement of charges by the grievant. At
such hearing the employee may appear with a union shop steward or representatives of his/her
own choosing. The Labor Relations Officer shall serve as the Hearing Officer.
2. The decision of the Hearing Officer shall be made within fifteen (15) working days after the
close of the Hearing. The disciplinary grievance shall be deemed satisfactorily disposed of
under the preceding step unless within five (5) working days after receipt of the decision the
employee presents an appeal in writing to the Director. The Director or his/her designee may
at his/her discretion conduct a further hearing. At such hearing the employee may appear with
a union shop steward or representatives of his/her own choosing, one of whom may be an
employee of the Library. The Director or his/her designee shall render a decision within 15
working days after receipt of the appeal.
3. Where the disciplinary action would involve a suspension without pay for five (5) working
days or more, or termination, the imposition of such discipline shall become effective only after
the final step in the disciplinary proceeding, except that such disciplinary action shall be taken
summarily by the Library where the acts of the employee are criminal in nature or involve the
health, welfare or safety of the staff or the public, or which endanger Library property. Any other
disciplinary action shall be taken at the conclusion of the disciplinary hearing.
D. General Provisions.
1. By mutual written agreement between the Library and the Union, the time to appeal and the
time to answer mentioned in any of the steps of the grievance procedure may be extended or
waived. The waiver of a step of the grievance procedure must be by mutual agreement but need
not be in writing.
2. At least (3) days' notice of any hearing under STEP 2 or STEP 3 shall be given to the
employee or employees affected.
3. No person may represent an employee under this grievance procedure who is an agent of
another employee organization.
4. Saturdays, Sundays, holidays and any days on which the Library shall not be open shall be
deemed excluded from the computation of "work days" as said term is used in this procedure.
5. A grievance contending that the performance of certain job functions are allegedly
inconsistent with job specifications may be presented only on his or her own behalf by an
employee required or directed to perform such job functions, or by an employee on behalf of a
group of which he or she is a member, other members of which group have been required or
directed to perform such job functions, or by the Union. Except as provided herein, no employee
may present a grievance with respect to the performance by other employees of job functions
allegedly inconsistent with job specifications.
6. Any employee-grievant shall be released from work with pay for the time necessary to testify
at his/her grievance and arbitration hearings. Upon request by the said grievant or by his/
her attorney or by the Union stating the name and location of each, a reasonable number of
employee witnesses shall also be released for the time necessary for each to testify at such
hearings.
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ARTICLE XV
ARBITRATION
A. If a grievance is not resolved at the last step of the grievance procedure, the Union may,
within fifteen (15) working days, take the grievance to arbitration by submitting a written request
for arbitration to the American Arbitration Association. A copy of the request for arbitration shall
be sent to the Library.
B. The American Arbitration Association shall submit a list of the names of arbitrators to the
parties. The parties shall strike from the list of arbitrators until an arbitrator is selected in
accordance with the rules and procedure of the said Association. The fees and expenses of the
arbitrator shall be equally shared by the Library and the Union.
C. The resolution of any arbitration and the resulting Arbitration Award shall not in any way
diminish the Library's rights of management as defined in Article III, nor shall an arbitrator's right
to make a fair and equitable finding in a matter brought by a grievant or group of grievants be
diminished in any way.
D. 1. The decision of the arbitrator shall be binding upon the Library, the Union, their officers
and agents, and the affected employee or employees. However, the arbitrator shall not in any
manner, whether by drawing inference or otherwise, modify, add to, subtract from, or otherwise
alter the provisions of this Agreement. The authority of the arbitrator shall be limited to the
interpretation and application of the express written provisions of this Agreement.
2. The arbitrator shall expressly confine himself/herself to the precise issues submitted for
arbitration and shall have no authority to determine any other issue not so submitted to him/her
or to submit observations or declarations of opinion which are not directly essential in reaching
the determination.
E. The arbitrator shall have the authority, subject to the availability of appropriate funds within
the applicable payroll program for this purpose, to order or deny reinstatement of the employee
with or without back pay in full or in part. In the event there is an award of any back pay, any
earnings by the employee in other employment or supplementation of income from any source
during this period of unemployment which would not have been earned or received had the
employee not been unemployed, shall be offset and deducted from this award.
F. 1. The arbitrator shall have no authority to make any award which is not within the sole power
of the Library to implement, including, but not limited to, payment for salaries and other items
which, under this Agreement, are contingent upon the allocation to the Library of appropriate
funds within the applicable and appropriate payroll or funding program and for which such funds
have not been allocated.
2. The arbitrator shall have no authority to change rates of wages, salaries and other
compensation for any job title, position or classification or determine that employees should be
classified or reclassified to a different title, position or classification.
G. 1. Nothing contained in the arbitration or grievance Articles of this Agreement shall preclude
an employee or group of employees from obtaining an arbitrator's decision that finds an
employee or group of employees are performing job functions which are inconsistent with their
job specification.
2. Notwithstanding any other provision of this Agreement, the arbitrator upon finding that an
employee or group of employees are or have been performing job functions inconsistent with
their job specifications, shall have the authority to order back pay for performing such job
functions from the appropriate payroll program, subject, with respect to publicly funded grant
employees, to the availability of appropriate funds in the applicable and appropriate payroll
program. In no event shall back pay be awarded for any period in excess of thirty work days.
H. The Library shall not have the right to initiate a grievance or request an arbitration under this
Agreement.
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ARTICLE XVI
NO STRIKE -NO LOCKOUT
A. The Union shall neither cause nor counsel its members, or any of them, to strike, to directly
or indirectly commit any concerted acts of work stoppage, slowdown, or mass absenteeism,
or to refuse to faithfully and properly perform, in whole or in part, any customarily assigned
duties for the Library. The members of the Union shall not strike, directly or indirectly commit
any concerted acts of work stoppage, slowdown, mass absenteeism, or refuse to faithfully
and properly perform, in whole or in part, any customarily assigned duties for the Library. The
occurrence of any such acts or actions prohibited in this section either on the part of the Union
or its members shall be deemed a violation of this Agreement and shall render the Union and/or
its officers, agents, and members subject to the penalties provided herein.
2. In the event any employee or a group of employees engages in the prohibited actions and
activities mentioned above, the Library shall have the right to impose the aforementioned
disciplinary action, which action shall be subject to the arbitration provisions of this Agreement
only on the question of whether the employee or employees did or did not participate in such
action. Any claim of involuntary participation shall not be considered as a defense in such
arbitration. If the arbitrator decides that the employee did engage in such action or activities, he
shall sustain the disciplinary action imposed by the Library.
2. In addition to any damages to which the Library is entitled under this section, the Library,
without prejudice thereto, may enforce any other legal right to which by law or equity it is
entitled.
D. No Lockout.
The Library will not lock out its employees. However if any employee is unable to work because
equipment or facilities are not available due to a strike, work stoppage, or slowdown by any
other employees, such inability to work shall not be deemed a lockout under the provision of
this section. In the event of a lockout the Library shall be liable to the Union for reasonable
damages. In no event shall these damages exceed the wages which would have been earned
had the employees not been locked out.
The provisions of this clause shall not be subject to the arbitration clause.
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ARTICLE XVII
AGENCY SHOP
All employees in the bargaining units who are not Union members upon completion of 30 days
of employment or 30 days after execution of this Agreement, whichever is later, shall, as a
condition of continued employment, pay to the Union, the employees exclusive bargaining
representative, an amount of money equal to that paid by other employees in the bargaining
unit who are union members, which amount shall be limited to an amount equal to the Union's
regular monthly dues, and the deduction from wages of such amount shall be based upon a
written personally signed authorization card. The provisions of this Article shall in no way impair
the rights set forth in Article I of the collective bargaining agreement. An employee shall have
the right to join or not to join the Union. The Union agrees that it will indemnify and hold the
Library harmless from any recovery of damages sustained by reason of any action taken under
this Article.
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ARTICLE XVIII
PERSONNEL RECORDS
The employee shall acknowledge that he/she has read such material by affixing his/her
signature on the actual copy to be filed with the understanding that such signature merely
signifies that he/she has read the material to be filed, and does not necessarily indicate
agreement with its content.
The employee shall have the right to answer any material filed and his/her answer shall be
attached to the file copy.
The employee shall subsequently have the right to see and/or reproduce any document he/
she has initialed. Any evaluatory statement with respect to the employee's work performance
or conduct which he/she has not seen previously shall not be introduced into evidence in any
subsequent disciplinary action against the employee.
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ARTICLE XIX
SAFETY AND SECURITY
A. Safety.
1. Adequate, clean, structurally safe and sanitary working facilities shall be provided for all
employees in conformance with minimum standards of applicable law.
2. Motor vehicles and power equipment which are in compliance with minimum standards of
applicable law shall be provided to employees who are required to use such devices.
4. The Library shall make reasonable efforts to provide for the personal security of employees
working in library agencies during such hours as said locations are open to the public.
5. At no time will there be less than two employees assigned to work at any given time at the
Central Library.
6. The sole remedy for alleged violation of this Article shall be a grievance pursuant to Article
XIV of this contract. Any employee who withholds services as a means of redressing or
otherwise protesting alleged violations of this Article shall be docked pay for any unauthorized
nonperformance of work and may be subject to any appropriate disciplinary action.
7. In construing this Article, an arbitrator shall have the power only to decide whether the
subject facilities meet the required standards, but may not affirmatively direct how the library
should comply with this Article. If the arbitrator determines that the Library is in violation of this
Article, the Library shall take appropriate steps to remedy the violation. If a remedy requires an
expenditure of funds not expressly provided for that purpose in the Library's budget by the City
of New York, funds will be requested by the Library from the City of New York. The Library will
not be expected to implement such remedy until funds for that purpose are authorized by the
City of New York.
B. Security.
1. Two-way cellular communication devices shall be provided to security staff who are called to
respond to emergencies after the library in question is closed.
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ARTICLE XX
MILEAGE ALLOWANCE
A. Employees authorized to use their own car for Library business shall be paid twenty-eight
cents ($0.28) per mile with a minimum guarantee of 30 miles for each day of authorized and
actual use.
B. Said mileage allowance shall not include payment for the distance traveled from the
employee's home to the first work location in a given day or from the last work location to the
employee's home unless the employee is authorized and required to carry special equipment or
materials which cannot feasibly be transported via mass transit.
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ARTICLE XXI
HOLIDAYS
B. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a
holiday falls on a Sunday, it shall be observed on the following Monday.
C. Effective, upon implementation of this contract, an Employee shall be entitled to one floating
holiday in each calendar year in lieu of Election Day. Effective 2002, an Employee shall be
entitled to an additional floating holiday in each calendar year in lieu of Lincoln's Birthday.
Employees who are in active pay status on the day before the holiday shall receive the floating
holiday and shall have one year in which to use the respective holiday, subject to the following
conditions.
1. The floating holiday shall be taken at the employee's discretion, subject to the needs of
the Library. Employees must request to use their floating holidays in writing at least 30 days
in advance on a form supplied by the Library. Approval or disapproval of the request shall be
made on the same form by the branch librarian/division chief/agency head. Decisions shall be
made within ten (10) working days of the submission.
2. Employees wishing to use their floating holiday to observe Election Day shall file such
request by October 1st. Employees wishing to use their floating holiday to observe Lincoln's
Birthday shall file such request by January 15th. Approval shall not be unreasonably denied.
3. Once a floating holiday request has been approved, the approval may not be rescinded
except in writing by the Director of Human Resources. If an employee is required to work on
a floating holiday once the request for it has been approved, the employee shall receive a fifty
percent (50%) cash premium for all regularly scheduled hours worked on the floating holiday
and shall, in addition, receive compensatory time off at the employee's regular rate of pay.
4. The floating holiday must be used within one year of when the holiday, as listed in section A,
occurs.
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ARTICLE XXII
PRE-HOLIDAY CLOSING
The Library shall remain open no later than 1: 00 P. M. on the day preceding Christmas Day
and on the day preceding New Year's Day. Time off after 1: 00 P. M. on these days shall not be
charged to employee's leave credits.
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ARTICLE XXIII
SPECIAL HOLIDAY OBSERVANCE
On the following holidays employees desirous of taking time off shall be granted such time
by the head of their agency. This time shall be charged against annual leave or accrued
compensatory time.
A. Rosh Hashanah
B. Yom Kippur
C. Good Friday
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ARTICLE XXIV
BONUS DAY
All employees on active pay status on December 1st of each year shall receive a bonus day
available to be used through the end of each fiscal year. All bonus days shall be scheduled, in
advance, on a day mutually agreed upon between the supervisor and the employee.
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ARTICLE XXV
UNIFORMS
A. Custodial personnel not currently covered by contractual uniform service shall be provided
two uniforms. Employees receiving these uniforms shall be responsible for maintaining
them. Replacement of uniforms shall be consistent with normal wear and tear. It is expressly
understood that the uniforms are the property of the Brooklyn Public Library. They must be
returned to the Library in the event an employee leaves the employ of the Library.
D. The Library shall supply one poncho per library agency for use by custodians in inclement
weather.
E. Replacement of smocks and ponchos shall be consistent with normal wear and tear.
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ARTICLE XXVI
LATENESS
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ARTICLE XXVII
AUTOMATION
The Union shall be given reasonable notice where possible in advance of the introduction of
automation or technological changes.
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ARTICLE XXVIII
ID CARDS
The Library may at its sole discretion issue ID Cards to its employees. Should an employee lose
his/her ID card, the first replacement will be issued at no cost to the employee. The fee to the
employee for replacement other than the first one will be $3.00. A $3.00 deduction will be made
from the employee's final pay check should he/she not return the ID Card upon termination of
his/her employment.
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ARTICLE XXIX
TRANSIT CHECKS (METRO CARDS)
Unless mutually agreed by the parties, no later than 60 calendar days after the contract
is signed the Library with the Union's participation shall implement procedures enabling
employees to purchase Transit Checks (Metro Cards) through pre-tax payroll deductions.
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ARTICLE XXX
PROBATION
A. Each newly hired employee shall have a probation period of not more than six months.
Notwithstanding, the Library may terminate an employee who commits an act of misconduct at
any time during the probationary period without recourse to the grievance/arbitration procedure.
B. 1. Unless a special rating is required at the discretion of the Library at the end of the first
three months of the probation period an initial service rating shall be prepared by the Library at
the conclusion of the probation period and in accordance with existing procedures.
2. An employee who receives a satisfactory or better evaluation in such rating for the probation
period shall have successfully completed such period.
3. An employee who receives an unsatisfactory evaluation in such rating for the probation
period may, in the discretion of the Library, have his/her employment terminated, and such
an action by the Library shall not be subject to the grievance or arbitration provisions of this
Agreement.
D. If a service rating covering probation shall be delayed beyond the period of probation, such
rating shall not include the evaluation of any matter beyond such period, and a successful
completion of probation shall be effective retroactively to the conclusion of such period. In no
event shall such a rating be delayed for any reason more than 120 calendar days beyond the
period of probation.
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ARTICLE XXXI
JOB DESCRIPTION
The Library will prepare job descriptions which will be reviewed by the Union who will make
recommendations. However, final responsibility for content of the job descriptions rests solely
with the Library.
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ARTICLE XXXII
DISABILITY BENEFITS
The Library shall elect to be covered by the City Wide Disability benefit. Upon the City's
approval the following benefits shall be implemented:
A. Upon the determination of the Executive Director that an employee has been physically
disabled because of an assault arising out of and in the course of his/her employment,
the Executive Director will grant the injured employee a leave of absence with pay not to
exceed eighteen (18) months. No such leave with pay shall be granted unless the Workmen's
Compensation Division of the Law Department advises the Executive Director in writing that
the employee's injury has been accepted by the Division as compensable under the Workmen's
Compensation Law, or if such injury is not accepted by the Division as compensable under such
law, unless the Workmen's Compensation Board determines that such injury is compensable
under such law. If an employee is granted a leave of absence with pay pursuant to this Section,
he/she shall receive the difference between his/her weekly salary and his/her compensation
rate without charge against annual leave or sick leave. The employee shall, as a condition of
receiving benefits under this Section, execute an assignment of the proceeds of any judgment
or settlement in any third party action arising from such injury, in the amount of pay received
pursuant to this Section and medical disbursements, if any, made by the City, but not to
exceed the amount of such proceeds. Such assignment shall be in the form prescribed by
the Corporation Counsel. The injured employee shall undergo such medical examinations as
requested by the Workmen's Compensation Division of the Law Department and the Executive
Director of the Library, and when found fit for duty by the Workmen's Compensation Board shall
return to his/her employment.
Benefits provided under this section shall be in addition to but not concurrent with benefits
provided currently by the Library.
B. Upon the determination of the Executive Director that an employee has been physically
disabled because of an injury arising out of and in the course of his/her employment, through
no fault of his/her own, the Executive Director will grant the injured employee an extended
sick leave with pay not to exceed three (3) months after all his/her sick leave and annual leave
balances have been exhausted. This additional leave must be taken immediately following the
exhaustion of such balances. No such leave with pay shall be granted unless the Workmen's
Compensation Division of the Law Department advises the Executive Director in writing that
the employee's injury has been accepted by the Division as compensable under the Workmen's
Compensation Law, or if such injury is not accepted by the Division as compensable under such
law, unless the Workmen's Compensation Board determines that such injury is compensable
under such law. If an employee is granted extended sick leave with pay pursuant to this Section,
he/she shall receive the difference between his/her weekly salary and his/her compensation
rate for the period of time granted. The employee shall, as a condition of receiving benefits
under this Section, execute an assignment of the proceeds of any judgment or settlement in any
third party action arising from such injury, in the amount of the pay and medical disbursements
received pursuant to this Section, but not to exceed the amount of such proceeds. Such
assignment shall be in the form prescribed by the Corporation Counsel.
The injured employee shall undergo such medical examinations as are requested by the
Workmen's Compensation Division of the Law Department and the Executive Director of the
Library, and when found fit for duty by the Workmen's Compensation Board shall return to his/
her employment.
Benefits provided under this Section shall be in addition to but not concurrent with benefits
already provided. The benefits provided by this Section shall not be provided or continued
beyond the date of which disability retirement benefits become effective.
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ARTICLE XXXIII
DEATH BENEFITS
The Library shall elect to be covered by the City Wide Death benefit. Upon the City's approval
the following benefit shall be implemented. If an employee dies while in the Library's employ,
his/her beneficiary or estate shall receive payment in cash for the following:
2. All unused accrued compensatory time earned subsequent to March 15, 1968 and retained
pursuant to this contract, verifiable by official agency records, to a maximum of two hundred
(200) hours.
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ARTICLE XXXIV
DURATION
This Agreement shall become effective as of February 7, 2002 and shall remain in full force
and effect up to and including midnight of the February 6, 2005. Either party, by written notice,
not earlier than 90 days prior to the February 6, 2005 nor later than 60 days prior to said date,
may notify the other party of its desire to extend, modify, or terminate this Agreement. In the
event such notice is served by either party, the parties agree to meet within the 60 day period
for the purpose of determining upon what conditions this contract may be modified, or amended
instead of terminated.
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ARTICLE XXXV
SAVINGS CLAUSE; CHOICE OF FORUM
A. This Agreement supersedes the collective bargaining agreement between the parties dated
September 29, 1981, for the period April 1, 1979 to June 30, 1982, and as extended to February
6, 2002.
B. In the event that any provision of this Agreement is found to be invalid by order, ruling
or award of any court, administrative tribunal, arbitrator or other entity having proper and
appropriate jurisdiction over the parties and the subject matter, such invalidity shall not impair
the validity and enforceability of the remaining provisions of this Agreement.
C. Any action, proceeding, complaint or charge with respect to this Agreement by any party to
this Agreement or by any person claiming rights under it shall be brought in a court, tribunal or
agency of appropriate jurisdiction in or covering the Counties of Kings or New York.
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Letters of Agreement
By _____________________________
ANTONIO RICO, Assistant Director BROOKLYN LIBRARY GUILD,
Human Resources Department LOCAL 1482, DISTRICT COUNCIL 37,
AFSCME, AFL-CIO
By___________________________________
MARLENE ROSENBERG, President
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
Re: 2001-2004 Working Conditions Contract
a. The Service Rating Form and Manual shall be changed to delete references
to "Recommended for Promotion".
b. Supervisors will no longer be required to rate (comment in the essay sections) employees on
demonstrated ability or potential for promotion.
c. All employees in the next lower title shall be eligible to apply for promotions.
d. Employees currently on promotion lists will be grandfathered in and shall have priority in
promotions.
e. Promotional opportunities shall be posted for 15 calendar days
All other items in the Promotions Procedure and Service Rating Manual shall remain the same.
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
This letter is to confirm that during the negotiations for the above captioned agreement the
parties agreed to establish the following joint labor-management committees:
February 7, 2002
Marlene Rosenberg, President
Brooklyn Library Guild, Local 1482
District Council 37, AFSCME
125 Barclay Street
New York, NY 10007
This is to confirm our mutual understanding and agreement that during the negotiations for the
above captioned agreement, the Library agreed to provide the Local 1482's president with a
monthly list of additions, deletions, transfers and promotions to and from the bargaining units.
February 2, 2002
This is to confirm our mutual understanding and agreement that during the negotiations for the
above captioned agreement the Library agreed to issue the following memoranda:
1. The Library shall inform branch librarians that employees required to attend community
board meetings shall be able to use petty cash to cover the cost of car service to and from the
meeting.
2. The Library shall inform branch librarians that they have discretion to excuse lateness of
employees who are late due to unforeseen public transportation delays or other circumstances
which may arise after an employee leaves for work.
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INDEX
WEBSITE NOTE: Numeric page numbers correspond to the printed contract. Please send an
email to local1482@gmail.com if you need a copy.
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