INTERDEPARTMENTAL MEMORANDUM - Interest Arbitration Award between the State of Connecticut and the Connecticut State Employees Association-SEIU Local 2001, NP-8 Bargaining Unit Effective July 1, 2008 through June 30, 2012
COMPTROLLER'S SEAL STATE OF CONNECTICUT

STATE OF CONNECTICUT

NANCY WYMAN
COMPTROLLER
OFFICE OF THE STATE COMPTROLLER
55 ELM STREET
HARTFORD, CONNECTICUT 06106-1775
MARK OJAKIAN
DEPUTY COMPTROLLER

INTERDEPARTMENTAL MEMORANDUM

March 13, 2009

To: The Honorable Theresa C. Lantz, Commissioner
Department of Correction
24 Wolcott Hill Road
Wethersfield, Connecticut 06109

Subject:

Interest Arbitration Award between the State of Connecticut and the
Connecticut State Employees Association-SEIU Local 2001, NP-8 Bargaining
Unit Effective July 1, 2008 through June 30, 2012

I. AUTHORITY

The interest arbitration award between the State of Connecticut and the Connecticut State Employees Association (CSEA) NP-8 bargaining unit for the period July 1, 2008 through June 30, 2012, will take effect on May 17, 2009 by operation of CGS Section 5-278(b).


II. TUITION REIMBURSEMENT (ARTICLE 11)

The State will allocate for tuition reimbursement each fiscal year the following:

Fiscal Year
Amount
2008-2009
$20,000
2009-2010 $20,000
2010-2011 $20,000
2011-2012 $20,000

Funds that are unexpended in one fiscal year will carry over into the next fiscal year provided however that the tuition reimbursement fund will expire on June 30, 2012.

Applications for tuition reimbursement that are submitted and approved within the final six months of the contract may be paid with any remaining available funds, up to three months following the expiration of the contract.

The maximum reimbursement for credit courses at accredited institutions of higher education, including distance learning courses offered by such institutions, will be 75% of the per credit rate, including fees, for undergraduate and graduate courses at the University of Connecticut at Storrs. For other courses or programs, maximum tuition reimbursement is 50% of the per credit rate for undergraduate and graduate courses at the University of Connecticut at Storrs.

III. TRAINING - WORKSHOP AND CONFERENCE FUND (Article 12)

The State will allocate for attendance by NP-8 employees at the workshops or conferences the following:

Fiscal Year
Amount
2008-2009
$5,000
2009-2010 $5,000
2010-2011 $5,000
2011-2012 $5,000

Funds that are unexpended in one fiscal year will carry over into the next fiscal year provided however that the fund will expire on June 30, 2012.

Each eligible employee will be entitled to a maximum of $600 reimbursement per contract year toward the cost of fees, travel, food and/or lodging related to attendance at such events. Reimbursement will be consistent with standard state travel regulations.


IV. HOURS OF WORK, WORK SCHEDULES, AND OVERTIME (Article 19)
Overtime (Section 3)

The supplemental list will consist of bargaining unit members from non-facility based units who have previously worked in that
facility.

V. COMPENSATION (Article 21)

A.General Wage Increases (Section 1)

General wage increases will be effective as follows:

Effective Date Increases
June 20, 2008 (retroactive) 3% of Base Salary
July 3, 2009 2% of Base Salary
July 2, 2010 2% of Base Salary
July 2, 2011
3.5% of Base Salary

B. Night Shift Differential (Section 2)

All employees in this bargaining unit whose assigned work shift begins anytime after 2:00 p.m. and before 6:00 a.m. will be eligible to receive shift differential. Night shift differential will remain at eighty-five ($.85) cents per hour. Shift differential will only be paid when an employee is actually working. The provisions will also apply to Captains and Counselor Supervisors.

C. Weekend Differential (Section 3)

A weekend is defined as beginning with the start of the third shift on Friday and terminating with the end of the second shift on Sunday. The weekend differential will be paid for working a minimum of six hours on a shift.

The weekend differential will remain at sixty ($.60) cents per hour. Effective July 1, 2010, the weekend differential will be seventy ($.70) cents per hour. Effective July 1, 2011, the weekend differential will be eighty ($.80) cents per hour. The weekend differential will only be paid when an employee is actually working. The provisions will also apply to Captains and Counselor Supervisors.

D. On-Call Pay (Section 4)

Employees who are required by the appointing authority to be "on standby" or "on call" in order to ensure "after hours" coverage must receive a written notification of this status. Pay for such status will be $1.00 per hour for all days on-call except for holidays. Holiday on-call payment will be $2.50 per hour.

E. Call Back Pay (Section 5)

Call Back - Definition:
Employees who have left work after their regularly scheduled shift and are called back to work.

Employees called back to duty after the completion of a regular shift will receive a minimum of four hours pay at the applicable overtime rate. This provision does not apply to employees who are called in prior to their regular starting time and work through a regular shift.

F. Shift Commander Pay (Section 6)

Bargaining unit members in the Lieutenant or Training Officer classifications who are required to serve as shift commanders will be paid a stipend at the rate of $26.40 per shift worked as a shift commander in addition to their daily pay rate. The acting shift commander pay shall apply to a Lieutenant or Training Officer who is designated as the acting shift commander at the start of a particular shift and who performs that function for a substantial portion of that shift (i.e., at least six hours of the shift). If a Captain is working overtime as part of the supervisory coverage, the Captain will function as the shift commander.

G. Facility Meal Reimbursement (Section 7)

Effective July 4, 2008, the meal reimbursement rate will be $8.50 for each shift actually worked. Effective June 18, 2010, the meal reimbursement rate will be $9.00 for each shift actually worked.

H. Annual Increments (Section 8)

Annual increments and maximum rate lump sum payments for 2008-2009 and 2009-2010 will be delayed six months. Annual increments and maximum rate lump sum payments for 2010-2011 and 2011-2012 will be paid on time.


Effective Date


Payable
January 2008 (delayed 6 months) (retroactive) January 2009
January 2009 (delayed 6 months) July 2009
July 2009 (delayed 6 months) January 2010
January 2010 (delayed 6 months) July 2010
July 2010 July 2010
January 2011 January 2011
July 2011 July 2011
January 2012
January 2012

I. Lump Sum Payment for Maximum Step Employees (Section 9)

Effective June 28, 2002 and thereafter, those employees at the maximum rate of the salary schedule and those employees who will exceed the maximum rate of the salary schedule because of the receipt of an annual increment, will receive a salary adjustment, which exceeds the salary maximum, in the form of a lump sum payment. Lump sum payments will be effective on the employee's annual increment or anniversary date. The value of the lump sum payment will be two and one half percent (2.5%) of the employee's annual salary. Captains and Counselor Supervisors will be eligible for the lump sum payment.

J. Longevity (Section 10)

Employees will be eligible for longevity payments for the life of this contract. Employees in the bargaining unit who were in the classifications of Correctional Lieutenant (MP 56) or Correctional Training Officer (MP 58) on or before December 3, 2001, will be eligible for longevity payments in accordance with the longevity schedule of the classified service Management Pay Plan. Employees in the classifications of Captain and/or Counselor Super visor on or before May 31, 2007 will continue to eligible for longevity payments in accordance with the longevity schedule of the classified service Management Pay Plan (MP-60). Additionally any employee who was in the bargaining unit on or before December 3, 2001, and is promoted to the position of Captain and/or Counselor Supervisor on or after May 31, 2007 will continue to be eligible for longevity payments in accordance with the longevity schedule of the classified service Management Pay Plan, MP designation (MP-60).

The Management Pay Plan longevity schedule referenced in this section will be the longevity pay schedule applicable to managerial employees that was in effect on July 1, 2008.

Any employee promoted to the classification of Correctional Lieutenant on or after December 4, 2001 will receive longevity in accordance with the following schedule:

Years
Amount
10
$141.50
15 $283.00
20 $424.50
25+
$566.00

Any employee promoted to the classification of Captain or Counselor Supervisor on or after May 31, 2007 and who was not a member of the bargaining unit on or before December 3, 2001, shall receive longevity in accordance with the following schedule:

Years
Amount
10
$159.00
15 $318.00
20 $477.00
25+ $636.00

K. Educational Stipend (Section 11)

On or about September 1, 2006, permanent employees in the classifications of Correctional Lieutenant or Correctional Training Officer who have achieved a Bachelors degree in a job-related discipline from an accredited institution of higher learning and submitted adequate documentation of the degree will receive a five hundred dollar ($500) lump sum payment. Lieutenants or Training Officers who complete a qualifying Bachelors degree and satisfy the above criteria after September 1, 2006 will be eligible for the five hundred dollar ($500) payment within 60 days of the agency's receipt of the required documentation. Captains and Counselor Supervisors will be eligible for the educational incentive payment on or about September 1, 2007.

Effective the pay period including July 1, 2009, permanent employees who have achieved a Master's degree in a job-related discipline from an accredited institution of higher learning and who submit adequate documentation of the degree will receive a one thousand dollar ($1,000) lump sum payment. Employees who complete a qualifying Master's degree and satisfy the above criteria after July 1, 2009 will be eligible for the one thousand dollar ($1,000) payment within 60 days of the agency's receipt of the required documentation.

pEffective the pay period including July 1, 2009, permanent employees who have achieved an Associates degree in a job-related discipline from an accredited institution of higher learning and who submit adequate documentation of the degree will receive a two hundred and fifty dollar ($250) lump sum payment. Employees who complete a qualifying Associates degree and satisfy the above criteria after July 1, 2009 will be eligible for the two hundred and fifty ($250) payment within 60 days of the agency's receipt of the required documentation.

L. Emergency Medical Technicians (new Section 12)

Effective October 1, 2009, and on or about October 1 of each contract year, the State shall pay a four hundred seventy-five dollars ($475) annual skill premium to each employee who is certified as an Emergency Medical Technician and who had volunteered and been designated by the agency to provide such services at his/her work location during the prior contract year. Employees receiving this stipend are expected to respond to emergency calls and provide EMT services on or about State Facilities in accordance with applicable laws and regulations.

M. Payment for Compensatory Time (new section)

Effective July 1, 2009, any Captain or Counselor Supervisor that has accrued compensatory time (not Holiday time) shall receive pay for such compensatory time at their rate of pay in effect on July 1, 2009.

VI. TRAVEL (Article 25)

Any employee who is required to travel on official State business will be reimbursed for lodging, mileage and/or meals in accordance with the terms outlined in the Standard State Travel Regulations.

Lieutenants and Training Officers will generally be provided transportation. The employer will make every effort to provide transportation. The employee required to use his/her own vehicle in extraordinary circumstances will be entitled to mileage payments in accordance with the contract and State regulations. Notwithstanding the prior provisions, Captains and Counselor Supervisors may be expected to use their personal vehicles on state business under ordinary circumstances.

When on temporary assignment and State transportation is provided, such State transportation may be garaged at the employer's residence during the period of such assignment. When an employee is assigned to be on-call and state transportation is provided, the agency may authorize the garaging of such State vehicle at the employee's residence during the period of such on-call assignment.

An employee who is required to travel on employer business will be reimbursed for meals at the following rates:

Breakfast $8.00
*Lunch $10.00
Dinner $20.00

*Applicable to out-of-state travel or when authorized in accordance with the Standard State Travel Regulations

An employee who is required to remain away from home overnight in order to perform the regular duties of his/her position may be reimbursed for lodging expenses in accordance with the Standard State Travel Regulations.

The mileage reimbursement rate will be the U. S. General Services Administration (GSA) rate, currently 55 cents per mile. Such rate will be readjusted within 30 days of any adjustment by the GSA.

VII. MISCELLANEOUS (Article 27)

A. Meal Breaks (Section 1)
All facility employees shall be granted up to twenty (20) minutes without loss of pay during each work shift during which they may eat their lunch. Employees are required to respond to facility incidents if necessary during such period.

B. Equipment and Clothing (Section 3)
The Department shall issue to all employees standard uniforms and all necessary equipment to carry out the performance of duties.

C. Reimbursement for Commercial Drivers License (Section 4)
The state shall reimburse employees who are required to hold Commercial Drivers licenses for purposes of employment with the Department of Correction.

VIII. RETROACTIVE PAYMENTS

Payments will be separately identified and subject to mandatory deductions only, i.e., federal withholding tax and state income tax annualized, social security tax, retirement contributions, and garnishments (if applicable).

An interest penalty of 5% is payable if all the retroactive amounts due the employee under the arbitration award are not paid in the check dated June 5, 2009.

A. Retroactive General Wage Increase

A. Retroactive General Wage Increase

Effective Date Period Covered Check Date
June 20, 2008 06/20/08 - 05/07/09 06/05/09

B. Retroactive Annual Increments and Lump Sum Payments

Effective Date Period Covered Check Date
July 1, 2008 (delayed 6 months) 12/19/08 - 05/07/09 06/05/09

IX. INTEREST PENALTY

Pursuant to Section 5-276b of the Connecticut General Statutes, an interest penalty of 5% per annum is to be paid for late implementation of the provisions of the NP-8 interest arbitration award issued April 6, 2009. Whenever payments called for in an interest arbitration award are not paid within sixty days of the date the award was issued, the agency will have an obligation to pay interest on late payments.

X. CALCULATION OF INTEREST PENALTY

An interest penalty of 5% is payable for the period April 6, 2009 until the date the eligible employee receives all retroactive amounts due him/her under the arbitration award.

In the examples below, the check date of *June 19, 2009 is being used. The agency must calculate to the actual check date of the payment.

74 days/360 days multiplied by 5% multiplied by the retroactive payment:

Example: If the amount owed is $300:

74 days/360 days x .05 x $300 = $3.08

Multiply the retroactive amount paid by the number of days between April 6, 2009 and the date of the payment,*June 19, 2009 (which is 74 days) divided by 360; then the product multiplied by 5%.

XI. SCHEDULED PAYMENT DATES

A. General Wage Increase

Effective Date Period Covered Check Date
July 3, 2009 07/03/09 - 07/16/09 07/31/09
July 2, 2010 07/02/10 - 07/15/10 07/30/10
July 1, 2011 07/01/11 - 07/14/11 07/29/11

B.Annual Increments and Lump Sum Payments
Annual increments will be entered centrally at the proper time as follows:

Effective Date Pay Period Check Date
January 1, 2009 (delayed 6 months) 06/19/09 - 07/02/09 07/17/09
July 1, 2009 (delayed 6 months) 01/01/10 - 01/14/10 01/29/10
January 1, 2010 (delayed 6 months) 06/18/10 - 07/01/10 07/16/10
July 1, 2010 06/18/10 - 07/01/10 07/16/10
January 1, 2011 12/31/10 - 01/13/11 01/28/11
July 1, 2011 07/01/11 - 07/14/11 07/29/11
January 1, 2012 12/30/11 - 01/12/12 01/27/12

C. Lump Sum Payments

The agency must process these lump sum payments manually and follow the effective dates of annual increments.
 

XII. PAYROLL PROCEDURES

A. Payroll Procedures For Interest Arbitration Award
Interest paid on a wage award is not considered wages (IRS Revenue Ruling 72-268). Therefore, the subject interest
penalty would not be subject to withholding for income taxes, employment taxes, and retirement contributions.

1. On the Timesheet Page: Amount; Earnings Code XINTA.

2. On the Additional Pay Page: Amount; Earnings Code INT.

B. Implementation of General Wage Increase
New pay plans will be implemented centrally with the new hourly rate and
bi-weekly salary effective with the pay period, at the proper time.

Retroactive Payments:

1. On the Timesheet Page: Amount or Hours; Time Reporting Code XRTRA or XRTRH.

2. On the Additional Pay Page: Amount or Hours; Earnings Code RTR.

C. Payment of Lump Sum(s)

1. On the Timesheet Page: Amount; Time Reporting Code XMISP.

2. On the Additional Pay Page: Amount; Earnings Code MPS.

These lump sum payments are subject to mandatory deductions; i.e., federal withholding and state income tax annualized,
social security tax, retirement contributions, and garnishments (if applicable).

D. Payment of Retroactive Lump Sum

1. On the Timesheet Page: Amount or Hours; Time Reporting Code XRTRA or XRTRH.

2. On the Additional Pay Page: Amount; Earnings Code RTR.

E. Shift Differentials

1. On the Timesheet Page: Hours; Shift 1; Account 50180 or Hours; Shift 2 (Time and a Half); Account 50180 or
Amount; Shift 3; Account 50180.

2. On the Additional Pay Page: Hours or Amount; Earnings Code SD1 (Shift1); Account 50180 or Hours or Amount; Earnings Code SD2 (Shift 2); Account 50180 or Amount; Earnings Code SD3 (Shift 3); Account 50180.

F.On-Call Pay

1. On the Timesheet Page: Amount; Time Reporting Code XOCXA.

2. On the Additional Pay Page: Amount; Earnings Code OCA.

G.Call Back Pay

1. On the Timesheet Page: Hours; Time Reporting Code XCBPH.

2. On the Additional Pay Page: Hours; Earnings Code CBP.

H.Shift Commander Pay

1. On the Timesheet Page: Amount; Time Reporting Code XINCA.

2. On the Additional Pay Page: Amount; Earnings Code INC.

I. Meal Allowances

1. On the Timesheet Page: Amount, Time Reporting Code XML8A.

2. On the Additional Pay Page: Amount, Earnings Code M11.

For Retroactive Payments:

1. On the Timesheet Page: Amount; Time Reporting Code XMLA.

2. On the Additional Pay Page: Amount; Earnings Code MLA.

J. Educational Stipend

1. On the Timesheet Page: Amount; Time Reporting Code XMISA.

2. On the Additional Pay Page: Amount; Earnings Code MIS.

K. EMT Skill Premium

1. On the Timesheet Page: Amount, Time Reporting Code XSKPA.

2. On the Additional Pay Page: Amount, Earnings Code SKP.

XIII. PROCESSING OF TUITION REIMBURSEMENTS AND WORKSHOP AND CONFERENCE FUNDS

All union funded tuition reimbursement requests should be forwarded to the Comptroller's Fiscal Policy Division - Tuition Unit for processing. All tuition reimbursements must be submitted on an approved Application for Tuition Reimbursement form, CO-101. Please see Comptroller Memorandum 2006-41, dated December 7, 2006 for additional procedures.

Travel Authorizations (CO-112) and Conference and Workshop reimbursement requests should be forwarded to the Comptroller's Fiscal Policy Division - Travel Unit.

Note: Reimbursement cannot be made until the release of funding by the Office of Policy and Management. In the past, this funding was not made available to coincide with the implementation date of the contract provision. Please expect delays in reimbursements at the beginning of contract years.

XIV. GENERAL
Questions may be directed as follows:

Contract Issues: Agency Personnel Officers;

Payroll Procedures: Office of the State Comptroller, Payroll Services Division,
(860) 702-3463;

Tuition Reimbursement: Office of the State Comptroller, Fiscal Policy Division,
(860) 702-3344;

Memorandum Interpretation:
Office of the State Comptroller, Fiscal Policy Division, (860) 702-3440.


NANCY WYMAN
STATE COMPTROLLER

NW:CH

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