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DEADLINES FOR MEMBER'S ACTIONS RELATING TO HER OR HIS EMPLOYMENT

--prepared by Paul Zarembka, grievance officer for academics, UUP SUNY at Buffalo Chapter, with the assistance of Tara Singer-Blumberg, NYSUT labor relations specialist assigned to UUP, and dated October 15, 2008.

Deadlines are very important. Your opportunity for redress, regardless of the merits of your case, can be lost by missing a filing deadline.

Below are deadlines most relevant to your employment here under the State-UUP contract. Also included are some deadlines which management must meet, violations of which can result in an employee grievance or the filing of an "Improper Practice" charge in order to obtain rectification of a violation. No attempt is made to include every management obligation.

Your State-UUP contract is available on line at
http://uupinfo.org/contract/contract.html
although it needs updating for the 2007-2011 contract.

The Policies of the SUNY Board of Trustees are available online at http://www.suny.edu/board_of_trustees/PDF/Policies.pdf and provides additional important information.

This web page is intended to be as brief as can be warranted and is no substitute for knowing your contractual rights and relevant state and federal laws. It is specifically intended to alert you to deadlines for actions. Extension of timeline for certain redresses available under the contract can be achieved by your Labor Relations Specialist or appropriate Grievance Officer, but only if that request is itself timely. Sometimes,extensions have been obtained month by month, your rights being maintained while an attempt at resolution is on-going. There is, however, no obligation on the part of management to agree to a request.

The language here is exact text, except words in [...]. Quotation marks are not included. Generally, deadline timing commences when an employee knew or should have known of a violation. It is necessary to pay attention to a distinction between calendar days and business days. It is advisable to file as soon as possible and no later than one day before the required deadline.

We advise contacting your Labor Relations Specialist Tara Singer-Blumberg,your Grievance Officer for Academics, Paul Zarembka, or Grievance Officer for Professionals, Pat Donovan, with any and all questions and concerns.

OUTLINE:

1. Notification Timelines for Management for Term appointments and Non-renewals

2. Notification Timeline for Employee Decision to Leave Service

3. Chancellor's Review of Campus Decisions for Denial of Tenure/Permanent Appointment

4. Grievance Filings under the Contract

5. Taylor Law Violations -- Improper practice regarding a change in a term and condition of employment not covered by the Collective Bargaining Agreement, i.e., our State-UUP contract

6. Professional Employees Only: Performance Programs and Evaluation

7. Discrimination Filings with the U.S. Equal Employment Opportunity Commission, New York State Division
for Human Rights, or the campus UB Office of Equity, Diversity and Affirmative Action Administration


1. Notification Timelines for Management for Term appointments and Non-renewals:

Article 32 -- Notice of Non-Renewal

§32.1 Written notice that a term appointment is not to be renewed upon expiration is to be given to the employee by the College President, or designee, not less than:

a. 45 calendar days prior to the end of a part-time service term appointment;

b. Three months prior to the end of a term expiring at the end of an appointee's first year of uninterrupted service within the University.

c. Six months prior to the end of a term expiring after the completion of one, but not more than two years of an appointee's uninterrupted service within the University. For such employees serving on the basis of an academic year professional obligation and mentors at the Empire State College whose terms end in June, July or August, notice shall be given no later than December 15;

d. Twelve months prior to the expiration of a term after two or more years of uninterrupted service within the University.

e. Notwithstanding the above provisions, full-time employees with titles in Appendix B-1 and B-2 of Article XI of the Policies of the Board of Trustees shall receive not less than six months notice prior to the expiration of a term appointment.


2. Notification Timeline for Employee Decision to Leave Service:


§32.2 Employees who intend to leave the employ of the University shall give30 days notice to the President or designee.

3. Chancellor's Review of Campus Decisions for Denial of Tenure/Permanent Appointment:



Article 33 -- Job Security Review Procedures

§33.2 Request for Reasons
An academic or professional employee, within 10 working days following receipt of written notice that the employee's term appointment will not be renewed upon its expiration, further employment following which expiration would be required by the Policies of the Board of Trustees to be on the basis of continuing or permanent appointment, as the case may be, may submit to the College President, in writing, a request that the employee be apprised of the reasons for the notice of non-renewal.

§33.3 Response of College President

Within 10 working days following receipt by the College President of the employees request pursuant to Section 33.2 of this Article, the College President shall respond thereto in writing. Such response shall be as follows:

a. Academic Employees

3. Where the initial academic review committee has recommended that the employee be granted continuing appointment and a subsequent academic review committee, if any, has recommended that the employee be granted continuing appointment, the College President shall indicate the reasons for the notice of non-renewal and shall inform the employee of the right to a review.

b. Professional Employees

1. ... where, throughout the employees employment, each of the employees formal, written evaluation reports prepared in accordance with provisions of Article XII, Title C, Section 4 of the Policies have characterized the employees performance as satisfactory and the employees immediate supervisor has recommended that the employee not be granted permanent appointment, the College President shall indicate the reasons for the notice of non-renewal and shall inform the employee of the right to a review.

2. Where the employee's immediate supervisor has recommended that the employee be granted permanent appointment, the College President shall indicate the reasons for the notice of non-renewal and shall inform the employee of the right to a review.

§33.4 Procedure for Review

a. Within 10 working days following receipt by an employee of notification,in writing, by the College President of the right to a review of the reasons for non-renewal, such employee may submit to the Chancellor a request, in writing, that the Chancellor, or designee, review the reasons for such notice of non-renewal.


4. Grievance Filings under the Contract:



Article 7 -- Grievance Procedure

§7.3 Requirements for Filing Grievances

a. A grievance must be submitted in writing on forms to be provided by the State.

b. Each grievance shall identify the specific term or provision of the Agreement claimed to have been violated and shall contain a short, plain statement of the grievance, the facts surrounding it and the remedy sought.

§7.5 Procedures for Processing Grievances and Grievance Appeals

a. Step 1.
A grievance shall be filed by an employee, or UUP upon an employee's request, with the College President, or designee, within 45 calendar days following the act or omission giving rise thereto, or within 45 calendar days of the date on which the employee first knew or reasonably should have known of such act or omission if that date is later.

Article 19 -- Discipline

§19.4 Disciplinary Procedure

c. The notice of discipline may be the subject of a disciplinary grievance which shall be filed with the Chancellor, or designee, in person or by registered or certified mail, return receipt requested, by the employee, or the employee's representative, on a disciplinary grievance form to be provided by the State, within 10 days of the date of service of notice of discipline.



5. Taylor Law Violations -- Improper practice regarding a change in a term and condition of employment not covered by the Collective Bargaining Agreement, i.e., our State-UUP contract:


An original and four copies of a charge that any public employer or its agents, or any employee organization or its agents, has engaged in or is engaging in an improper practice may be filed with the director within four months thereof by one or more public employees or any employee organization acting in their behalf, or by a public employer.

Reference to Taylor Law, Article 209-a: http://www.perb.state.ny.us/stat.asp#ips
Source for deadline is Article 209-a-1.


6. Professional Employees Only: Performance Programs and Evaluation


APPENDIX A-28

Memoranda of Understanding Between State University of New York and United University Professions Relating to Systems of Evaluation and Promotion for Professional Employees Revised 1989

(6) Performance Program

(b) Copies of this program, signed and dated by the professional employee and the immediate supervisor, shall be distributed to the professional employee and the evaluators supervisor, and a copy shall be placed in the professional employees personnel file. If the supervisor and the employee do not concur on the performance program, the employee has the right to attach a statement to the performance program within 10 working days from receipt.

(9) Disposition of Final Evaluation Report

(a) The immediate supervisor shall provide the professional employee with a dated copy of the final evaluation report as soon after completion of the evaluation process as practicable, but not less than forty-five (45)calendar days prior to the notification date for non-renewal of a term appointment for a professional employee serving on such appointment. The original written, dated and signed evaluation report shall be placed in the professional employees personnel file, a copy of which shall be forwarded to the evaluators supervisor.

(b) A professional employee who seeks a review of a final evaluation report characterized as unsatisfactory must inform in writing the immediate supervisor, the Chair of the Committee on Professional Evaluation, and the college president or designee within ten (10) working days of receipt of the report. Upon being notified that the professional employee is requesting a review, the immediate supervisor shall, within five (5) working days, provide the Chair of the Committee on Professional Evaluation a dated copy of the final evaluation report.
Source: http://uupinfo.org/contract/text.html#app28

7. Discrimination Filings with the U.S. Equal Employment Opportunity Commission, New York State Division for Human Rights, or the campus UB Office of Equity, Diversity and Affirmative Action Administration

 

Prefactory Note: Contract Article 10

§10.4 Claims of discrimination under Sections 10.1 and 10.2 shall, at the election of the employee, be subject to review in accordance with State and Federal procedures established for such purpose, but shall not be subject to review under provisions of Article 7, Grievance Procedure, of this Agreement.

[UUP does not represent employees in these fora. UUP, however, does have a Legal Defense Fund to reimburse some or all legal expenses for claims of discrimination. Applications and guidelines are available at www.uupinfo.org.]

A. U.S. Equal Employment Opportunity Commission

The Federal laws prohibiting job discrimination are:

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Source: www.eeoc.gov/abouteeo/overview_laws.html

Note by Paul Zarembka: For EPA, only U.S. Equal Employment Opportunity Commission is available for agency review; otherwise, I understand that currently NY State enforcement is faster and perhaps more effective (see below).

What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by U.S. Equal Employment Opportunity Commission, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Source: www.eeoc.gov/charge/overview_charge_filing.html

B. New York State Human Rights Law

New York State's comprehensive anti discrimination statute is know as the New York State Human Rights Law. Under the Human Rights Law it is an "unlawful discriminatory practice" for an employer "to refuse to hire or employ or to bar or to discharge from employment" or "to discriminate against an individual in compensation or in terms of conditions or privileges of employment" because of an individual's age, race, creed, color, national origin, sex, disability, or marital status.

Statutory time period: One year (New York Executive Law, Article 15 '297(5); see also '297(9) (may also file civil action first, but administrative action is then precluded).

Source: http://home2.nyc.gov/html/eepc/html/laws/laws.shtml

C. UB Office of Equity, Diversity and Affirmative Action Administration

[No explicit deadline. UUP advises discussion first with the Labor Relations Specialist and/or appropriate chapter Grievance Officer.]

The Mission of the office of EDAAA is to promote a campus environment that values the tenets of a democratic and pluralistic society; an environment that supports the intellectual, personal and professional development of each individual; an environment that generates understanding, attitudes, and perspectives that create an atmosphere of civility, collegiality, appreciation and mutual respect for diversity and cultural differences. The office is committed to ensuring, for all individuals, a work and educational environment that is free of discrimination and harassment.

Source: http://affirmativeaction.buffalo.edu/about.htm

 

 

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