26.3 Rules Applicable to Employees in Negotiating Units

Attendance and Leave Manual

Applicability (Part 26)

Section 26.3 - Rules Applicable to Employees in Negotiating Units

R-1 Purpose

To define and clarify the relationship between the Attendance Rules for State employees and provisions of negotiated union agreements on attendance and leave matters.

Effect of Negotiated Agreements on Attendance Rules

The provisions of the Attendance Rules are continued for all employees subject to those Rules including employees in negotiating units established pursuant to Article 14 of the Civil Service Law (The Taylor Law).
The provisions of the Attendance Rules and the attendance and leave provisions of negotiated agreements are both applicable and must be considered together.
Provisions of negotiated agreements which are different from provisions of the Attendance Rules are controlling; e.g., if the Rules provide that sick leave may be accumulated up to a maximum of 150 days and a negotiated agreement provides that employees in one or more negotiating units may accumulate up to 200 days of sick leave, the 200-day maximum will apply to such employees.
Attendance and leave provisions in negotiated agreements may apply only to employees subject to the Attendance Rules or may apply to all employees covered by the agreement irrespective of whether they are covered by the Attendance Rules. They may or may not relate directly to matters included in the Attendance Rules and they may or may not apply to all employees in the unit covered by the agreement. For example, a contract item may provide that personal leave may be used "as vacation" but may not otherwise contain any reference to how personal leave should be credited or how unused personal leave should be cancelled. In such case, the provisions of the Attendance Rules which govern the crediting and cancellation of personal leave continue to be applicable.
In general, disputes concerning implementation of attendance and leave items included in negotiated agreements are not subject to resolution by appeal to or review by the Civil Service Commission but should be resolved as contract grievances. For example: ...

R-2...

An employee covered by the Institutional Services Unit agreement who believes he/she has been denied workers' compensation benefits in violation of that agreement must contest such denial as a contract grievance. He/She cannot request review by the Civil Service Commission as provided under Section 21.8 of the Attendance Rules.
An employee covered by the Administrative Services Unit agreement who believes he/she has been denied sick leave at half-pay in violation of that agreement must contest such denial as a contract grievance. He/She cannot appeal to the Civil Service Commission for a reversal or modification of his/her appointing authority's determination as an action inconsistent with the intent of the Attendance Rules.
An employee covered by the Security Services Unit agreement who is denied the use of sick leave because of illness or death in his/her immediate family and who wishes to dispute such denial must do so as a contract grievance (violation of Bereavement Leave provision of the Security Services Unit agreement). He/She cannot appeal the denial to the Civil Service Commission as a violation of the Attendance Rules.
The Civil Service Commission cannot approve an appointing authority request for suspension of the Attendance Rules to permit the accumulation of vacation in excess of 40 days. Since exceptions to maximum vacation accumulations are covered by provisions of the negotiated agreements, relief from the terms thereof cannot be extended by the Commission.

Revision History	TM-1 - 1/3/87
R-1 and R-2	No Substantive Changes

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