Court rules grievance denial based on wrong time standard

The NYS Court of Appeals has agreed with PEF that the Governor’s Office of Employee Relations (GOER) used a wrong time standard in denying two contract grievances brought by PEF concerning nurses working out of title. 

The court sent the grievances back to GOER for reconsideration applying the proper time standard which depends on whether the time spent working out of title was merely “occasional and infrequent,” rather than whether the nurses worked a “majority of their time” out of title.
The cases involved nurse 2s from Rochester Psychiatric Center and Western New York Children’s Psychiatric Center working regularly out of title as nurse administrator 1s or performing lower level tasks of staff in another bargaining unit. 

PEF contends these nurse 2s were working out of title up to 18 percent of their time and should be paid the four-grade salary difference for time spent working as nurse administrators. 

PS&T Contract Article 17 states employees can work out of title only in temporary, unscheduled emergencies and they must be compensated if the work is at a higher pay grade. 

GOER had denied the grievances because the nurse 2s were not working a “majority” of their time on out-of-title assignments. 

“After GOER denied the grievances, PEF appealed to the Third Department of the state Supreme Court Appellate Division which ruled that, GOER improperly applied the majority-of-time standard,” said PEF associate attorney Jeff Plant. “The proper standard of ‘occasional and infrequent,’ is in the state’s revised nurse 2 classification standards.”  — Rachel Cahill

Communicator Homepage March 04

Inside This Issue
Features
PEF tells lawmakers to keep
Court rules grievance denial
Battle for Middletown Psych Center
PEF rejects state’s contract offer
Take the contract pledge
Saving Camp McGregor
Shadow agencies undercutting trust
Parole rule changes spark concerns

Departments
President's Message
Member's Mailbag
PS&T Contract Update
Nurses' Station
Member Mobilization
Health Notes
Retirees In Action
Back Cover Ad
PEF Membership Benefits &Travel

Union Matters
PEF victory allows Downstate nurses
State lagging to help its 9/11 ‘heroes’
Struggle to save members at OCFS
WTC recovery worker still sick, hurting
PEF political volunteers get out the vote
Nurses set Lobby Day for May 4
Mobilizer conference, workshops
Vacant PEF Board seat filled
Attention Veterans

Save these dates:
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Somos El Futuro!
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For more information, to volunteer, or make reservations for the reception, call Helen Brooks at the PEF Legislative Office, 1-800-724-4997.

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