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New York State/CSEA Agreement Index of Sideletters

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2016-2021 State/CSEA Agreement Side Letters

Governor's Office of Employee Relations

February 1, 2018

To: Mr. Ross D. Hanna, Chief Negotiator, The Civil Service Employees Association, Inc.

Address: 143 Washington Avenue, Albany, New York 12210

Index of Sideletters

Article 4 — Electronic Communications

Article 7 — Hudson Valley DDSO Closure/Downstate Adjustment

Article 7 — Longevity Step/Reallocation

Article 7 — Retroactive Payments Relating to Performance Evaluation

Article 7 — Trainee Salary Calculation

Article 7 — Treatment of Employees Moving from NS Positions to Salary Graded Positions

Article 7 — Special Assignment to Duty Labor/Management Committee

Article 7 — Special Assignment to Duty Side Letter

Article 7 — Holiday Pay

Article 8 — Travel

Article 9 — Ten-month Employees

Article 10 — Time and Attendance Issues

Article 10 — Extraordinary Circumstances

Article 10 — Floating Holiday Leave Credits

Article 10 — Holidays for Employees Working Extended Work Days

Article 10 — Liquidation of Vacation Credits

Article 10 — Medical Documentation for Personal Illness

Article 10 — Hold on Shift, Pass Day and Work Location

Article 10 — Sick Leave Accumulation

Article 11 — Mandatory Alternate Duty (Compensation Entitlement)

Article 11 — Privacy of Medical Information

Article 13 — Employee Payroll Information

Article 14 — Employee Development and Training

Article 15 — Safety and Health

Article 17 — Parking (LOBA)

Article 18 — Personal History Folder

Article 22 — Contracting Out / Preferential Employment / Alternative Proposals / Redeployment / Severance

Article 24 — Out-of-Title Work

Article 27 — Overtime Eligibility / Compensatory Time / Overtime Calculation

Article 30 — Employee Benefit Fund / Administrative Guidelines

Article 33 — Discipline Issues / Select Panel / Procedural Review / Temporary Reassignment / Time and Attendance Grievances

Articles 33 and 34 — Duty of Fair Representation / Contract Grievance Issues / Use of Technology

Article 38 (A/I/O) / Article 29 (D) — Employee Assistance Program / Work-Life Services

Article 40 (A/I/O) / Article 37 (D) — Performance Evaluation System Review

Committee Funding, Employee Identification Cards, Housing and Meals, Labor/Management Committee Funds

Long-term Seasonal Employees, Minimum Wage, Pre-tax Adoption Program, Pre-tax Transportation Program

Promotion List Eligibility for Transferred Employees, Reopener, Rosters for Part-time Employees

Roswell Park Cancer Institute Exam Fee Waiver, Temporary and Seasonal Employees Paid on an Hourly or Per Diem Basis

Temporary Service Employees, Use of Technology, Administrative Services Unit Recruitment Procedures

Division of Military and Naval Affairs: Airport Firefighter positions, Civil Service Law Section 72, Miscellaneous

Institutional Services Unit: Inconvenience Pay, Education and Training Labor/Management Subcommittees, Filling of Job Vacancies, Licensed Practical Nurses, Overtime in Direct Care Titles, Pre-shift Briefing Pilot Program, Seniority for Part-time Employees

Operational Services Unit: Clothing and Tool Allowances, Pass Days System, Safety Related Noon Meal Subsidy

Agreement Summary Form

Please review the side letters below and acknowledge the provisions as applicable.

Article 4 — Electronic Communications

Union access to electronic bulletin boards and e-mail may be permitted under labor/management agreements consistent with Article 4 and agency e-mail policy.

Article 7 — Hudson Valley DDSO Closure/Downstate Adjustment

Eligible employees reassigned outside Rockland County may continue to receive the Downstate Adjustment at the frozen rate.

Acknowledged

Article 7 — Longevity Step/Reallocation

Service at the job rate in the lower grade may be creditable toward longevity step eligibility in the higher grade.

Acknowledged

Article 7 — Retroactive Payments Relating to Performance Evaluation

Retroactive payments remain available when performance evaluations are not completed on time.

Acknowledged

Article 7 — Trainee Salary Calculation

Trainees should receive whichever salary calculation method yields the higher salary in the new grade.

Acknowledged

Article 7 — Treatment of Employees Moving from NS Positions to Salary Graded Positions

NS service and hourly service may be credited under the applicable scenarios described in the side letter.

Article 7 — Special Assignment to Duty Labor/Management Committee

A joint committee will review additional qualifying activities for Special Assignment to Duty pay.

Acknowledged

Article 7 — Special Assignment to Duty Side Letter

Employees working qualifying highway ROW assignments may be eligible for a lump sum payment subject to the conditions listed.

Acknowledged

Article 7 — Holiday Pay

Additional compensation for the Christmas holiday shall only be paid for work on Sunday, December 25.

Acknowledged

Article 8 — Travel

The State retains the right to establish centralized lodging and transportation reservation systems and designate specific facilities or modes.

Acknowledged

Article 9 — Ten-month Employees

Certain ten-month employees may continue NYSHIP enrollment during summer session if conditions are met.

Acknowledged

Article 10 — Time and Attendance Issues

Discretionary time and attendance policies may be discussed to seek standardization.

Article 10 — Extraordinary Circumstances

The parties will meet in the Executive Labor/Management forum upon request to discuss State policy on extraordinary circumstances.

Acknowledged

Article 10 — Floating Holiday Leave Credits

Floating holiday leave credits should be adjusted when basic workweek changes occur.

Acknowledged

Article 10 — Holidays for Employees Working Extended Work Days

Scheduling options may be discussed locally to avoid charging credits on holidays for extended schedules.

Acknowledged

Article 10 — Liquidation of Vacation Credits

Agencies are encouraged to allow liquidation of vacation credits above 30 days prior to separation from service.

Acknowledged

Article 10 — Medical Documentation for Personal Illness

A brief diagnosis is not required unless absence exceeds 30 consecutive calendar days, subject to stated exceptions.

Acknowledged

Article 10 — Hold on Shift, Pass Day and Work Location

Local labor/management committees may discuss increasing the three-month period provided in the cited articles.

Acknowledged

Article 10 — Sick Leave Accumulation

The issue of sick leave accumulation for retiree health insurance and the current 200-day cap will be reviewed.

Acknowledged

Article 11 — Mandatory Alternate Duty (Compensation Entitlement)

Eligible employees denied alternate duty may receive a supplement to achieve the net equivalent statutory benefit or 60% of pre-disability wages, whichever is greater.

Acknowledged

Article 11 — Privacy of Medical Information

The State will amend the medical waiver form to restrict medical information while preserving carrier needs.

Acknowledged

Article 13 — Employee Payroll Information

The parties will meet with the Office of the State Comptroller to identify earnings and deduction codes for pay stubs.

Article 14 — Employee Development and Training

The Partnership will continue education, training, wellness, and quality of work life programs.

Article 15 — Safety and Health

Safety committees, training, patient handling, and network development initiatives are encouraged.

Acknowledged

Article 17 — Parking (LOBA)

The attached LOBA procedure applies where negotiations under Article 17.3 do not produce agreement.

Acknowledged

Article 18 — Personal History Folder

Documents removed from an employee’s personal history folder shall be permanently removed and not reinserted.

Acknowledged

Article 22 — Contracting Out / Preferential Employment / Alternative Proposals / Redeployment / Severance

Transition opportunities, alternative proposals, and severance service credit provisions apply as detailed in the side letters.

Article 24 — Out-of-Title Work

The Extended Out-of-Title Work Agency Protocol applies to assignments extending beyond 30 days.

Acknowledged

Article 27 — Overtime Eligibility / Compensatory Time / Overtime Calculation

Grade 22 and below are overtime eligible; Over40 CompTime and denominator changes apply as specified.

Article 30 — Employee Benefit Fund / Administrative Guidelines

Existing guidelines for reporting Fund expenditure activities remain in effect for the contract term.

Acknowledged

Article 33 — Discipline / Time and Attendance / Temporary Reassignment

Select Panel, expedited discipline, and procedural review provisions remain applicable.

Article 34 — Contract Grievance Issues / Use of Technology

Video, telephone conferencing, e-mail, and other technologies may be used for Step 2 and related proceedings.

Acknowledged

Article 38 / Article 29 — Employee Assistance Program / Work-Life Services

EAP and Work-Life Services continue, with advisory board, coordinator, and funding provisions.

Article 40 / Article 37 — Performance Evaluation System Review

The performance evaluation system review continues with CSEA input and possible revisions.

Acknowledged

Committee Funding

Committees funded through the agreement shall be funded through December 31, 2021, with prorated appropriations as needed.

Acknowledged

Employee Identification Cards

Replacement fees vary based on prior replacement history; some security and wear-and-tear replacements are free.

Acknowledged

Housing and Meals

Housing and meal charges are adjusted annually by CPI-U, and classification rules for residences may be amended.

Labor/Management Committee Funds

Funds may be redirected among labor/management activities by mutual agreement.

Acknowledged

Long-Term Seasonal Employees

Certain long-term seasonal employees may receive lump sum awards and additional prorated benefits.

Acknowledged

Minimum Wage and Full-time Annual Salaried Employees

The parties will meet to discuss implementation issues associated with the minimum wage.

Acknowledged

Pre-tax Adoption Program

A pre-tax adoption assistance program will be made available as soon as practicable after ratification.

Acknowledged

Pre-tax Transportation Program

The pre-tax transportation benefit will be expanded statewide to eligible employees.

Acknowledged

Promotion List Eligibility for Transferred Employees

Transferred employees may remain eligible for agency-specific exams and promotion lists for one year after transfer.

Acknowledged

Reopener

CSEA may reopen negotiations if another bargaining unit exceeds a 2.0% general salary increase in a fiscal year.

Acknowledged

Rosters for Part-time Employees

Local parties may establish rosters for the distribution of extra work for part-time employees.

Acknowledged

Roswell Park Cancer Institute Exam Fee Waiver

Roswell Park employees in ASU, ISU, and OSU receive the same exam fee waiver benefit as State employees in those units.

Acknowledged

Temporary and Seasonal Employees Paid on an Hourly or Per Diem Basis

A committee will review current practices and possible permanent placement opportunities.

Temporary Service Employees

A committee will review temporary service employees, consultants, and contractors during the agreement term.

Acknowledged

Use of Technology

Video, telephone conferencing, fax, and e-mail may be used for grievances, hearings, and related processes.

Administrative Services Unit Recruitment Procedures

A supervisory guide will be developed with CSEA consultation to support fair consideration of vacancies.

Acknowledged

Division of Military and Naval Affairs

Airport firefighter positions, Civil Service Law Section 72, and miscellaneous DMNA provisions are addressed in side letters.

Institutional Services Unit

Inconvenience pay, education and training subcommittees, filling vacancies, LPN issues, overtime, briefing programs, and seniority are addressed.

Operational Services Unit

Clothing and tool allowances, pass days, and safety-related noon meal subsidy provisions are addressed.

Signatory - Governor's Office

Director

Signatory - CSEA

Chief Negotiator

Date

Date

Please sign below to acknowledge receipt and review of the side letters and related provisions.

Employee / Representative Signature

Title / Role

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What the New York State/CSEA Agreement Index of Sideletters Is

The New York State/CSEA Agreement Index of Sideletters is a consolidated record that catalogs sideletters, memoranda, and supplemental agreements tied to a primary collective bargaining agreement. It identifies each sideletter by title, effective date, parties, subject matter, and location within personnel or payroll systems to ensure consistent application of terms across state agencies and CSEA-represented bargaining units.

Why maintaining an indexed sideletter record matters

A maintained index reduces ambiguity, improves payroll and benefits administration, and preserves enforceability by documenting intent and scope. It supports audit readiness and dispute resolution while aligning records with electronic signature law such as the ESIGN Act (15 U.S.C. §7001) and New York’s ESRA (NY Tech Law §301–309).

Why maintaining an indexed sideletter record matters

Who uses the Agreement Index and how they benefit

Proper indexing reduces rework, shortens dispute timelines, and creates a single source of truth for application and enforcement.

  • Human resources and payroll teams who need authoritative references for pay, step, and benefit changes across bargaining units.
  • Labor relations and counsel who reference sideletters during negotiations, grievance preparation, and contract interpretation.
  • Union representatives and stewards who confirm application of negotiated changes at agency or worksite level.

Core elements of a professional sideletter index

A professional index captures consistent metadata, links to source documents, and records signature and distribution history so administrators can locate and verify applicable sideletters quickly.

Identifier

Unique reference code or number assigned to each sideletter to prevent misfiling and to allow quick lookup across systems and reports.

Title

Concise descriptive title reflecting subject matter, such as 'Salary Adjustment — Unit 1000' to aid search and human recognition.

Effective Date

Date the sideletter takes effect; used to determine payroll application, seniority treatment, and retroactivity calculations.

Parties

Named parties including the State agency and CSEA unit or chapter, plus signatory names and titles for authentication.

Reference Link

Location path or attachment reference to the full executed sideletter PDF, plus any exhibits or payroll change memos.

Status & Notes

Current status (active, superseded, expired) and administrative notes such as payroll codes, retro pay instructions, or grievance outcomes.

Required fields to record for each sideletter

Unique ID: Short code
Document Title: Short name
Effective Date: MM/DD/YYYY
Signatories: Names/titles
Stored Location: File path
Status: Active/superseded

How to create and maintain the index—step by step

Follow a consistent workflow when adding or updating sideletters so records remain accurate, searchable, and auditable.

  • 01
    Collect Document: Obtain the fully executed sideletter PDF and any exhibits.
  • 02
    Assign ID: Create a unique identifier following your naming convention.
  • 03
    Enter Metadata: Populate title, parties, dates, and status fields in the index.
  • 04
    Link File: Attach or link to the stored PDF and record distribution history.

Where to file, send, and store indexed sideletters

Designate authoritative storage and distribution paths so stakeholders use the same source of truth and audit trails remain intact.

  • Central Repository: State records or HR shared drive.
  • Payroll Office: Provide updated codes and effective dates.
  • Union Office: Share final executed copies with CSEA representatives.
  • Legal Counsel: Retain for interpretation and dispute records.

Distribution and digital access considerations

Ensure the chosen system supports secure storage, versioning, and searchable metadata so audit requests and grievance reviews are efficient and reproducible.

  • Formats: PDF and DOCX
  • Integrations: HRIS and payroll
  • Audit Trail: Timestamped logs

Typical timelines and processing expectations

Set internal deadlines for indexing, distribution, and payroll updates to ensure sideletters take effect without administrative delay.

Index Entry Window:

Enter within 10 business days of execution.

Distribution to Parties:

Provide copies within 14 days of execution.

Payroll Update Timing:

Implement adjustments by next available payroll cycle when possible.

Grievance Trigger Period:

Follow contract-specific deadlines for claims after notification.

Audit and Review:

Perform annual reconciliations between index and payroll records.

Common mistakes to avoid when preparing the index

  • Failing to attach the executed PDF can lead to disputes about the precise terms and create interpretive risk during grievances.
  • Using inconsistent titles or IDs makes it hard to match a sideletter to payroll changes, causing retro pay errors and administrative delay.
  • Neglecting to record the effective date or status invites wrongful application of terms after a sideletter is superseded.
  • Sharing unsigned drafts as final copies can create false expectations and expose the agency to legal challenges.

Penalties and operational risks from incorrect indexing

Payroll Errors: Overpayments or underpayments
Grievance Exposure: Increased arbitration risk
Legal Challenge: Contract enforcement issues
Reputational Harm: Stakeholder trust loss
Audit Findings: Noncompliance citations
Financial Liability: Retro pay obligations

Real-world examples of indexed sideletters in use

These short examples show how an indexed sideletter record can prevent confusion and speed administrative actions.

Optica Ventures (payroll example)

A small HR team centralized executed agreements into a single index to avoid duplicate entries.

  • The index prevented duplicate payroll codes from being issued.
  • As a result the HR team resolved several pay discrepancies within days instead of weeks by cross-referencing the indexed document and attached payroll memo.

Martin Properties (compliance example)

A property manager stored sideletters with consistent IDs and version notes.

  • This allowed quick confirmation of tenant-related bargaining adjustments.
  • During a contract audit the indexed records provided immediate proof of execution, distribution, and applied payroll changes, reducing auditor follow-up time substantially.

Who typically signs and approves sideletters

HR Director

The HR Director or delegated official usually approves administrative implementations, validates payroll coding, and signs on behalf of the agency following internal delegation protocols.

Union President

A named union officer or authorized representative of CSEA signs to bind the bargaining unit and must be correctly identified to avoid challenges to authority or enforceability.

Practical tips for accurate and efficient indexing

Apply consistent conventions and periodic reviews so the index remains reliable and minimizes administrative risk.

Standardize naming conventions
Adopt a fixed ID format and title template across agencies to prevent duplicates and to simplify automated reconciliation with payroll and HRIS systems.
Capture execution metadata
Record signer names, titles, signature dates, and method of execution (wet ink, electronic, RON) to support enforceability and to document chain of custody.
Link payroll instructions
Attach explicit payroll memos or change codes; vague instructions force manual interpretation and increase the chance of incorrect payments.
Schedule audits
Run annual reconciliation between index entries and payroll actions to surface missing sideletters, expired terms, or misapplied provisions before grievances arise.

How an indexed sideletter differs from related document types

Understanding differences helps administrators apply the correct process and controls depending on whether a record is a sideletter, standalone sideletter, or the master collective agreement.

Criteria Index Entry Sideletter Doc Collective Agreement
Document type reference record supplemental agreement primary contract
Purpose locate terms modify terms establish baseline rights
Binding scope indexed reference limited parties entire bargaining unit
Update method administrative entry signed amendment negotiated ratification

Frequently asked questions about the sideletter index

Answers to typical questions about indexing, signatures, distribution, and legal enforceability to help administrators avoid common pitfalls.


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