Contract
Memorandum of Agreement
April 1, 2001 to June 30, 2006
This Agreement made this 21st day of April, 2005, by and between Day Care Council of New York, Inc. (hereinafter "Council") on behalf of its member centers (hereinafter "Employers") and Local 1, The Council of School Supervisors and Administrators AFL-CIO (hereinafter "Union").
Whereas, the parties have engaged in good faith negotiations for a successor collective bargaining agreement to replace the agreement which expired on March 31, 2001 and
Whereas, the parties have mutually agreed to all terms and conditions of a successor collective bargaining agreement.
Therefore, the parties agree as follows:
1. The terms and conditions of the collective bargaining agreement which expired on March 31, 2001 are hereby renewed except as modified herein.
2. The term of the new agreement shall be from April 1, 2001 through June 30, 2006.
3. Lump Sum Payment:
A. Effective upon ratification of this Agreement by the bargaining unit a lump cash sum payment in the amount of $1,200 shall be paid to all full-time employees who are in active pay status as of the date of ratification.
B. Employees who are in pay status on the date of ratification but are on approved leave without pay, will receive the applicable lump sum payment upon their actual return to work.
C. The lump sum cash payment shall not become part of the employee's base salary rate nor be added to the employee's base salary for the calculation of any salary based benefits including the calculation of future collective bargaining increase.
D. Permanent part-time employees shall receive a pro-rata portion of the lump sum cash payment based upon their scheduled hours as of the date of ratification.
4. General Wage Increase:
The general wage increases, effective as indicated shall be:
A. Effective April 1, 2005 all employees on the payroll as of the date of ratification shall receive a nine percent (9%) wage increase based upon the individual's gross salary as of March 31, 2005.
B. Effective April 1, 2005 all employees on the payroll as of the date of the ratification shall receive a three percent (3%) wage increase based upon the individual's gross salary as of March 31, 2005.
C. (1) Effective July 1, 2005 all employees on the payroll as of that date who were hired prior to April 1, 2005 shall receive a two percent (2%) wage increase based upon the individual's gross salary as of March 31, 2005 which is to be funded by productivity savings as set forth in Section 7 below.
(2) Effective July 1, 2005 employees on the payroll as of that date hired after March 31, 2005 shall receive a two percent (2%) wage increase based upon the individual's gross salary as of his/her date of hire.
D. (1) Effective June 30, 2006, all employees on the payroll as of that date who were hired prior to April 1, 2005 shall receive a .49% wage increase based upon the individual's gross salary as of March 31, 2005.
(2) Effective June 30, 2006 all employees on the payroll as of that date who were hired after March 31, 2005 shall receive a .49% wage increase based upon the individual's gross salary as of his/her date of hire.
5. Joint Labor management Committee on Productivity Gains and New Funding.
Up to an additional one percent (1%) of gross payroll shall be made available subject to identification of funding by the "Joint Labor Management Committee on Productivity Initiatives and New Funding." The committee, which shall include three (3) representatives each from the Union and the Council, shall work to identify and apply measurable savings to be used to fund additional employee compensation by the development of initiatives to generate workplace savings, maximize the potential of the workforce, and ensure the provision of enhanced daycare services. The unanimous recommendations of the committee shall be presented to representatives of the City to determine the amount of savings generated by the recommendation. The committee will also seek to identify new sources of funding. Upon City approval, the parties shall negotiate improvements in wages or other contractual benefits.
6. Welfare Plan
A. There shall be an additional annual payment of Thirty Thousand Dollars ($30,000.00) to be paid during the period July 1, 2005 through June 30, 2006 to the Daycare Director's Welfare Fund.
B. Effective July 1, 2005 Employers' contributions to the Day Care Directors Welfare Plan shall be increased by $45,000 each year.
7. New Hires
The following provisions shall apply to new employees hired after ratification:
A. During the first two (2) years of employment, such newly hired employees shall receive eleven percent (11%) less than the “applicable minimum contract job rate in effect for their job title upon hiring. Upon completion of two (2) years of employment such employees shall be paid the contractual gross salary that would have been in effect on the employee's two year anniversary date had the 11% reduction not been taken. Application for waiver of this reduction may be made to Administration for Children Services.
B. Newly hired employees shall accrue twenty eight (28) vacation days each year.
C. Newly hired employees shall accumulate nine (9) sick leave days with pay per calendar year.
D. Employees who transfer from one New York City funded day care program to another or are re-employed, within two (2) years from the date of last employment with the day care center, shall not be considered a "New Hire" for the purpose of Section 7.
8. Article XIV (Duration of Agreement) shall be amended to provide that the terms of the Agreement shall continue in full force and effect during the negotiations for a successor agreement except that either party may terminate the continuation of the agreement after its expiration upon service of twenty (20) days written notice to the other party.
9. Consistent with past practice, employees in the bargaining unit shall be entitled to the following holidays: New Year's Day, 3rd Monday in January (Martin Luther King Day), President's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve Day, Christmas Day, and New Year's Eve Day, any holiday that fall on a weekend day shall be celebrated either on the following Monday or preceding Friday as determined by the Board of Directors of each center.
10. Employees shall be allowed to extend periods of bereavement leave by applying available vacation time with the approval of the Board of Directors, which approval shall not be unreasonably withheld.
11. Any additional funding made available to the Employers to cover retroactive pay increases not otherwise covered by this Agreement shall be used to pay employees.
12. This Agreement is subject to ratification by the bargaining unit employees and written approval for the funding of its economic terms by the City of New York.
Collective Bargaining Agreement
March 1, 1996 to March 31, 2001
The following is the text of CSA's Collective Bargaining Agreement with The Day Care Council of New York, INC. (on behalf of participating Day Care Centers); March 1, 1996 to March 31, 2001.
Agreement made by and between Day Care Council of New York, Inc. (hereinafter referred to as the "Council"), for and on behalf of those of its member Centers (hereinafter individually referred to as "Center" or "Employer") that have authorized the Council to represent them for the purposes of collective bargaining, and the Council of Supervisors and Administrators of the City of New York, Local 1, American Federation of School Administrators, AFL-CIO (hereinafter referred to as the "Union"), Witnesseth Whereas, the union has been duly designated and certified as the collective bargaining representative of the employees in the unit described below. Therefore, the parties hereto do hereby agree as follows:
Article I – Recognition
Sec. 1. The collective bargaining unit covered by this agreement consists of full time: 1. Educational Directors. 2. Administrative Directors. 3. Assistant Directors (Education) and Assistant Directors (Administrative). 4. Regular Part-time Assistant Directors in the titles set forth in (3) above, who are regularly employed 18 hours per week or more. 5. Family Day Care Coordinators. 6. Directors of Career Family Day Care Centers.
Sec. 2. The Council recognizes the Union as the sole and exclusive collective bargaining unit as defined in Sec. 1, of this Article.
Sec. 3. All supervisory/administrative positions which are established or maintained by a covered employer as a result of Day Care/Head Start collaboration shall be covered by this Agreement.
Article II – Union Security
Sec. 1. All Employees in the bargaining unit who are or who hereafter become members of the union in good standing shall, as a condition of employment, maintain their Union membership in good standing during the term of this Agreement. All new employees shall, as a condition of employment, become members of the Union in good standing or pay a sum equivalent to Union dues and initiation fee, beginning after the 30th day of employment. Tender by an employee of the initiation fee and the periodic dues uniformly required as a condition of membership in the Union shall constitute membership in the Union in good standing for the purpose of this provision.
Sec. 2. Union initiation fees and monthly dues will be deducted by each center from the pay of employees who have authorized such deduction in writing. The monies so deducted shall be held in trust by each Center for the Union, and the Center shall promptly forward said monies to the Union directly.
Sec. 3. It is specifically agreed to that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions, or proceedings by any Employee arising from deductions made by the Employer hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
Article III – Salary Scales and Rates
Sec. 1. All Directors shall receive the following wage increases:
(a) Effective June 1, 1998 a three (3%) percent wage increase based upon their May 31, 1998 gross salary.
(b) Effective March1, 1999 a two (2%) percent wage increase based upon their February 28, 1999 gross salary.
(c) Effective September 1, 1999 a two (2%) percent wage increase based upon their August 31st, 1999 gross salary.
(d) Effective May 1, 2000 a three 58/100 (3.58%) percent wage increase based upon their April 30, 2000 gross salary.
Gross salary as used in this section shall include the increments specified in Article III, Sections 3, 4, 6 and 8, but shall not include the increments specified in Article III, Sections 5 and 7.
The minimum salary for all covered job titles shall be increased in accordance with the above wage increase.
Sec. 2. Teacher certified Directors shall be defined as all employees covered by this agreement who hold a valid New York State teacher’s certificate.
Sec. 3. All Directors (other than teacher certified Directors as defined in the agreement) shall receive a longevity increase, effective October1, 1985, of $500 upon completion of 15 years of continuous service in New York City funded Day Care programs. Thereafter, any employee who becomes eligible for this longevity increase shall receive such increase on January 1 or July 1, whichever is sooner after having attained the necessary years of experience.
Sec. 4. Effective July 1, 1986, teacher certified Directors shall receive the following longevity increase for all years of continuous service in the New York City funded day care programs during which time they held a New York State teacher's certificate.
(a) 5 years of service -$200
(b) 10 years of service – an additional $200
(c) 15 years of service – an additional $200
Thereafter, longevity increases shall be paid on either January 1, or July 1, whichever is sooner, upon completion of the required years of service.
Sec. 5. All Directors who receive a doctoral degree (Ph.D.) in early childhood education shall receive an increase of $750, effective July 1, 1985.
Sec. 6. Effective January 1, 1990, all directors shall be eligible to receive a $200 longevity increase per year based upon years if service as a director. This experience differential shall be paid at the rate of $200 per year for the first five years and upon completion of the 10th year of service (for a total of $1200 prior to May 1, 1995).
These payments shall be made in addition to the longevity payment provided for in Article III, Section4, of the current agreement.
Sec. 7. Effective May 1, 1995, there shall be an increase in the existing five (5) year longevity step (sec.6) by an additional $175 (to $375) for teacher certified directors and $100 for all other directors to ($300). There shall be no increase in these rates in the future unless specifically agreed to by the parties.
Sec. 8. Effective February 1, 1999 all Directors who have twenty (20) years of vested services in New York City funded day care programs shall receive a longevity increase of $231; effective May1, 2000 the longevity payment shall be increased by an additional $1719; effective March 15, 2001, the longevity payment shall be increased by an additional $461, for a total cumulative longevity increase as of March 15, 2001 of $2411 for all Directors who obtain twenty (20) years of vested service. The twenty (20) year increment effective March 15, 2001 shall be increased in all successor collective bargaining agreements by the same percentage as the then agreed upon general wage increases.
Sec. 9. Those directors in charge of a center which has 8 or more classrooms, and Directors of Career Family Day Care who are in charge of programs with 40 or more homes, shall be classified as Directors C and shall receive an additional $675 per year (without a master's degree) or $925 per year (with a master's degree).
Sec. 10. Employees shall continue to be paid bi-weekly. The pay of an employee each payroll period shall be computed by multiplying the number of compensable days in the payroll period by the fraction obtained by multiplying 1/number of school days in the year by the employee's annual rate of pay. The pay day of each Center shall be 3 working days after the end of the payroll period, except those Centers which currently have a pay day more than 3 working days after the end of their payroll period may continue the same pay lag they have now.
Sec. 11. Newly hired employees covered by its agreement shall be paid at the minimum rate of their category or job title until verification of their credentials has been completed. Verification of each newly hired employee shall be done through the Agency for Child Development to ensure the consistency of salary assignments to the city. When verification has been completed, they shall be entitled thereafter to the applicable rate for their category or job title and shall also be paid the difference, if any, retroactive to the date of employment.
Sec. 12. Regular Part-time employees performing in the title specified in Article I, Sec. 1.4 shall be paid that proportion of the applicable rate of pay for the title, as set forth in Schedule A annexed hereto, that their scheduled hours of work bear to the hours scheduled for a full-time employee acting in the same title . For all hours worked by a regular part-time employee, performing in the same title specified in Article I, Sec. 1.4 in excess of the employee’s regular part-time schedule and up to the regular workweek for the employee’s title, the employee shall be paid the applicable rate for that title, as set forth in Schedule A annexed hereto.
Sec. 13. Administrative directors and assistant directors (administrative) hired on or after July 1, 1984 shall be required to have a baccalaureate degree as a qualification for being hired.
Sec. 14. Assistant Directors who are asked to temporarily fill a directors position due to extended illness or a vacancy shall receive the appropriate Director salary starring with the beginning of the fourth month of the employee filling the director's position.
Sec. 15. With respect to longevity increase, an employee shall be deemed to have fulfilled the requirements of continuous service provide the employees, upon transferring from N.Y.C. funded day care center program to another such program, does not have ay employment during the interim period and the employee commences employment with the new day care center within thirty (30) days from the last day of employment with the former day care center.
Sec. 16. The parties agree to reopen negotiations to allocate any additional funds legislatively appropriate for day care salaries.
Article IV – Hours of Work
Sec. 1. The regular workweek for Full-time employees shall be 38 hours per week Monday to Friday inclusive.
Sec. 2. All Full-time employees covered by this agreement will be allowed 1 hour per day free time.
Article V – Vacations
Sec. 1. Full-time employees covered by this contract shall earn vacation at regular rates of pay as follows: two and one half (2 1/2) days per month.
Sec. 2. Vacation earned on the basis of 2 1/2 days per month and up to two (2) years of service may be accumulated in excess thereof may be converted into sick leave credit.
Sec. 3. In the fixing of vacation schedule preference shall be given on the basis of the operational needs of the Center. The vacation dates shall be fixed by mutual agreement between the board and the employee. An employee shall submit a written request for a vacation leave at least one month prior to the requested leave. The vacation dates requested shall not be arbitrarily or capriciously denied. Approved vacation dates shall not be arbitrarily or capriciously changed.
Sec. 4. Pay for earned and unused vacation shall, if the employee dies, be paid to the deceased employee's surviving spouse, child or children, parent or parents, next of kin or legal representative, in that order. Such payment by a Center to any such beneficiary shall constitute a complete discharge of the Center's obligation.
Article VI – Sick Leave
Sec. 1. Full-time and regular part- time employees shall accumulate sick leave with pay at the rate of one working day per calendar month of service or twelve (12) days per year. Sick leave may be accumulated without limit.
Article VII – Jury Duty
Sec. 1. Employees called to serve as jurors shall continue to turn in to their Centers the checks they receive in payment for their services as jurors. They are to receive their full pay at regular rates for the time spent in jury service, plus whatever amount they were paid as jurors by way of transportation allowances. Employees relieved from jury services during any workday on which they are called to serve shall promptly report to work at their Centers.
Article VIII – Employee Files
Sec. 1. A personal file shall be maintained for each employee, subject to the following:
1. No material derogatory to an employee's conduct, service, character, or personality shall be placed in the file unless the employee has had an opportunity to read the material. The employee shall acknowledge that he or she has read such material by affixing his signature on the copy that is to be filed, but such signature shall signify only that the employee has read the material to be filed and not necessarily agreement with its content. The Center or Board shall promptly reduce to writing any incident or occurrence brought to its attention...
2. The employees shall have the right to answer any material filed and said answer shall be attached to the file copy...3. The employee shall be permitted to examine his file at the mutual convenience of the employee and the Center, and in the presence of a Center designee...4. The employee shall be entitled to a copy of any material in his file to be provided by the center upon reasonable notice at the expense of the employee.
Article IX – Leaves of Absence
Sec. 1. Sabbatical Leave: Employees in the unit with five (5) years or more of continuous service with any one Day Care Center shall be eligible for a sabbatical leave without pay. Such leave shall be granted on not less than six (6) months advance notice and application by the employee and shall be granted only if it is to be devoted to an educational program that, in the judgment of the Center, fits into the policies and programs of the Center. The period of the sabbatical leave shall be fixed by mutual agreement between the Center and the employee and shall be based on the educational program that the employee plans for the period of leave. Upon return from the leave the employee shall e entitled to reinstatement to the same job title and at the same pay and seniority.
Sec. 2. In the event of the death of the employee’s parent, spouse, domestic partner or child, the employee will be give four (4) days off with pay; in the event of the death of the employee’s brother, sister or grandparent, the employee will be given two (2) days off with pay; in the event New York City changes its rules regarding domestic partner benefits, the Council agrees to consider and discuss reopening this section of Agreement. (Domestic Partner is defined as per N.Y.C. Personnel Dept. rule or regulation.
Sec. 3. Pregnancy and Child Care Leave: Pregnancy shall be treated like any other disability. Within the first year of birth of a child an employee will be granted up to nine (9) months of leave without pay. Upon return from a leave the employee shall be entitled to reinstatement to the same job title and at the same pay and seniority.
Article X – Health and Welfare
Sec. 1. The Center will pay for the cost of the individual or family coverage (non- extended), as appropriate under Blue Cross (Associated Hospital Services of New York), plus either Group Health Insurance or Health Insurance Plan/ Health Maintenance Organization coverage at the option of the employee. An employee who is o authorized extended leave without pay as provided in this agreement shall have the option of continuing coverage under Blue Cross plus GHI or HIP/HMO at his own expense if such continued coverage is permitted. During the tern of this agreement the labor management committee may continue discussions to upgrade the health coverage currently provided in the GHI/ Blue Cross option.
Sec. 2. Contributions will be made by the Centers to the “Day Care Director’s Welfare Fund” at the same rate of $1015 per full-time equivalent employee per year, effective March 1, 1996 and shall be increased by $82 dollars to a total of $1197 per full-time equivalent employee per year effective May 1, 2000
Sec. 3. Coverage under the New York State Disability Benefits Law shall be continued for all employees. The Centers shall continue to make the deductions from employee's salaries authorized by the provisions of the New York State Disability Benefits Law. Upon receipt by a Center of disability benefits payments from any insurance carrier pursuant to the Disability Benefits Law for a period of time for which the Center obligated to pay an employee sick leave under this agreement, the employee shall be credited with and the Center shall be obligated to grant additional sick leave equal to the amount of the benefits payment received by the Center, which additional sick leave shall computed and make available promptly upon exhaustion by the employee of the sick leave to which he was entitled at the time that his absence because of his illness began. The additional sick leave time shall be computed on the basis of the employee's rate of pay.
Article XI – Union Activity
Sec. 1. There shall be no strike, stoppage, slow down, picketing or any other interference of any kind with the work of the Centers by the Union or by the employees covered by this agreement. There shall be no lockout by the Centers of any of the employees covered by this agreement.
Sec. 2. A Union representative shall have the right to enter the Employer’s premises. Advance notice shall be given the Employer of any such visit. Those visits shall not interfere with the performance by employees of their duties. A place for discussion shall be provided, if available
Sec. 3. Upon request by the Union, up to two (2) employees in the entire bargaining unit shall be granted leaves of absence without pay for the purpose of attending to Union business for a period of up to one year. Such leave shall be renewable for one additional year.
Sec. 4. There shall be no Union activity, including distribution of the Union literature by employees or by Union representatives during work time. Union material shall be posted on a separate bulletin board to be provided and designated by the Center.
Article XII – Grievances and Arbitration
Sec. 1. A grievance is any dispute between parties as to the interpretation or application of any of the terms of this agreement, or the asserted breach thereof including the discharge of any employee.
Sec. 2. Grievances shall be handled in accordance with the following procedures:
Step1: An employee shall within 30 days following the act or condition on which the complaint is based discuss the matter with a representative of the Center designated by the Board in an effort to resolve the problem informally as promptly as possible. It is understood that, if the complaint is resolved informally, no record of the procedures at this level shall be made or kept without the written consent of the aggrieved employee.
Step 2: A grievance not resolved in Step 1 may, within 10 working days after the completion of Step 1, be submitted in writing by the grievant the Board of Directors of the Center, which shall give its written decision thereon with 10 working days after receipt of the written grievance.
Step 3: A grievance not resolved in Step 2 may, within ten (10) working days after completion of Step 2, be submitted in writing by the Union or the Center to the Director of the Day Care Council’s Labor Relations Assistance and Mediation Service for mediation. In the event the matter is not resolved via mediation efforts, the Director of the Labor Relations Assistance and Mediation Service shall notify both parties in writing that mediation efforts have been completed.
Step 4: A grievance not resolved in Step 3 maybe submitted to arbitration to an arbitrator agreed upon by the parties or, if they cannot agree, to the American Arbitration Society in the City of New York under its then obtaining Voluntary Labor Arbitration Rules, unless the grievance involves a dispute which is not subject to arbitration under the terms of this agreement. The fee and expense of the arbitrator and the charges of the American Arbitration Association shall be borne equally by the parties. The award of the arbitrator shall be final and binding except for proceedings to enforce or vacate the award as permitted by law.
Sec. 3. Only the Council, a Center or the Union may file a request for arbitration. .Request for arbitration must be made by the party desiring it within thirty (300 working days after completion of Step 3 and shall be made in writing to the other party specifying the issue or issues to be arbitrated. A grievance not submitted at any step of the grievance procedure or not submitted to arbitration in due time shall be deemed settled on the basis of the decision last given, if any, and further prosecution thereof shall in any event be barred. If a decision on a grievance is not given in due time, the grievance may be taken to the next step.
Sec. 4. The Union, as such, and any Center shall have the right to submit grievances. Grievances of general application may be initiated by the Union or the Council at Step 3 and shall be processed in accordance with the procedure set forth herein. A question concerning interpretation of the collective bargaining agreement must be referred to by the Council in the first instance. The union shall not file grievance or arbitration against the Day Care Council of New York, Inc, as the Day Care Council is not a Center nor an employer of the employees under the terms of this Agreement and, therefore, assumes no legal liability for the actions of its member day care centers.
Sec. 5. In connection with any grievance that has reached Step 2, a meeting shall be held at the request of either party hereto between the Board of Directors of the Center involved, or a committee or designee thereof, the Union, and the aggrieved employee or the appropriate grievance committee, for the purpose of discussing the grievance before a decision is made.
Sec. 6. No grievance settlement or arbitration award shall be retroactively effective to a date preceding the date on which the cause of the grievance first occurred or arose to a date more than thirty (30) days before the first written submission of the grievance, whichever is later.
Sec. 7. A union officer, the grievant and up to two witnesses shall be granted necessary time off with pay for the purpose of handling grievances.
Article XIII– Miscellaneous
Sec. 1. The Council shall provide the Union with a copy of any communications from it to its constituents Day Care Centers relating to the terms and conditions of employment of employees in the bargaining unit.
Sec. 2. Employees shall not be required to perform non-supervisory duties on a regular basis or as a regular part of their employment.
Sec. 3. Each new employee shall serve a probationary period of six (6) months. During or at the end of the probationary period an employee may be terminated with or without cause, and without recourse to the grievance-arbitration procedure.
Sec. 4. Good faith efforts will be made to rearrange schedules for Directors to attend required educational courses needed for eligibility for advancement within the day care center whenever these courses are not otherwise available.
Sec. 5. The Day Care Council shall provide legal representation to directors who are named as individual defendants in judicial proceedings provided that the director has acted within the scope of his/her authority with respect to the underlying dispute. The Day Care Council shall investigate the allegations and shall determine in its sole discretion whether the director has acted within the scope of his/her authority for determining weather legal representation is required. In order to be eligible for such representation, the director must forward to the Day Care Council all papers served upon the director within 10 days of receipt or in advance or any earlier required court appearance or response.
Sec. 6. The labor-management committee shall continue to develop appropriate job descriptions and responsibilities.
Sec. 7. The labor-management committee shall establish at least semi-annual consultation meetings to be attended by 3 representatives of the CSA and 3 representatives of the DCC. An agenda for the meeting shall be submitted at least 10 days in advance of the meeting. The committee may agree to additional meetings, and may invite representatives from A.C.D. as deemed appropriate.
Sec. 8. An employee who is called for an interview by the Sponsoring Bd. Or a member of the Board and reasonably believes that the interview may lead to disciplinary action may request a postponement of the interview for 48 hours (work days) in order to obtain a CSA representative.
Sec. 9. CSA and DCC will jointly seek to obtain additional funding in order to create additional Clerical, Social Worker and Intake Worker positions where appropriate.
Sec. 10. The labor management committee will continue discussions concerning the impact on the NYC procurement plan.
Article XIV – Duration of Agreement
Sec. 1. This agreement shall be in full force and effect for the period March 1, 1996 to March 31, 2001, inclusive.
Article XV – Anti-Discrimination Clause
Sec. 1. There shall be no discrimination against any employee because of such employee's race, creed, color, religious affiliation, age, sex, national origin, disability, marital status, citizenship status or sexual orientation, with respect to terms or conditions of employment as contained in this agreement.
Article XVI – Termination and Resignation
Sec. 1. Discharge of an employee shall be for just cause. An employee whose employment is to be terminated (except where the circumstances warrant summary dismissal or where operation of a Center is discontinued permanently or for an indefinite period) shall receive four weeks’ written notice in advance of the effective date of termination stating the grounds thereof. A copy of such notice shall be given to the Union.
Sec. 2. An employee who resigns shall give written notice of resignation to the President or Board Chairman of his/her Center four weeks in advance of effective date of resignation. If an employee fails to give at least one week notice of resignation, the employee will forfeit all accrued unpaid vacation pay. The day upon which the notice is given shall not be counted.
Article XVII – Financial Emergency
Sec.1. This agreement is subject to and modified by any applicable provision of New York State law and local law of the City of New York, and of executive orders, regulations and determinations of any agency of either the State or City government, prohibiting, revoking, suspending, or deferring increases in salaries or wages or other benefits of employees of agencies under contract with the City of New York.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers and representatives, have executed this agreement this 7th day of January, 1994.
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