Onondaga Community College’s Health Information Management Memo
Onondaga Community College’s Health Information Management Memo
The College and the Professional Administrators enter into this agreement willingly andwith the full optimism that the written agreement of the conditions for administrativeemployment at the College will be for the distinct benefit of the College operation as awhole. They mutually pledge to work conscientiously within the framework of theagreements herein displayed. It is their goal to allow clarity of rights and responsibilities,and process for the settlement of disagreements and for all to act in the good interests ofthe continuous and orderly management of the College.The parties to this agreement do not and will not discriminate in any matter contrary to lawwith regard to the application of the terms and conditions of this agreement to any memberof the Professional Administrators unit.STATUTORY COMPLIANCESection 204 (a) of the Civil Service Law of the State of New York, commonly referred toas the Taylor Law, requires the following paragraph to be included within any laboragreement executed between a public employer and its public employees:IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANYPROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVEACTION TO PROMOTE ITS IMPLEMENTATION BY AMENDMENTOF LAW OR BY PROVIDING THE ADDITIONAL FUNDSTHEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THEAPPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.ARTICLE I – AGREEMENT SCOPEThe College and the PA of OCCFTA acknowledge that during the negotiations whichpreceded this agreement each party had the unlimited right and opportunity to makedemands and proposals with respect to any subjects or matter and that the understandingand agreements arrived at between the parties after the exercise of that right andopportunity are set forth in this agreement. Therefore, the College and the PA ofOCCFTA agree that during the life of this agreement neither the College nor the2PA of OCCFTA shall be obliged to negotiate collectively with respect to any subject ormatter referred to or covered in this agreement or with respect to any subject or matter notspecifically referred to or covered in this agreement, even though such subjects or mattermay not have been within the knowledge or contemplation of the parties at the time theynegotiated and signed this agreement.ARTICLE II – MANAGEMENT RIGHTS
Except as expressly modified or limited by the provisions of this agreement, the Boardof Trustees and the College President retain all authority, rights, and responsibilitiespossessed as regular and customary functions of management including but not limitedto:A. The right to determine the mission, purposes, objectives, and policies of theCollege.B. To determine facilities, methods, means, and number of personnel required for theconduct of such College programs.C. To formulate any reasonable rules and regulations.D. To schedule classes and other activities.E. To select, recruit, hire, evaluate, train, retain, promote, assign and transferemployees.F. To direct, assign, and utilize employees.G. To establish specifications for positions and to classify or reclassify and to allocateor reallocate new or existing positions.H. To discipline or discharge employees in accordance with law and the provisions ofthis agreement.I. To contract for, subcontract or purchase any work, operation or delivery of service,program or activity of the College currently performed by the PA of the OCCFTAin their respective functional areas upon prior notification to the OCCFTAPresident.
All the rights, powers, and authority which have not been specifically abridged,terminated, or modified by this agreement are recognized by the PA of OCCFTA asbeing retained by the Board of Trustees and the College President.ARTICLE III – ASSOCIATION STATUS
The PA unit of the OCCFTA comprises positions in the professional service as definedby subdivision 2 of section 6306 of New York Education Law as determined by theOnondaga Community College Board of Trustees with the approval of the Chancellorof the State University of New York.Excluded from this definition are personnel (1) who formulate policy, (2) who assistdirectly in the preparation for and conduct of collective negotiations or have a majorrole in the administration of agreements or in personnel administration, (3) who assistand act in a confidential capacity to personnel described in the preceding clauses of3this sentence, and (4) the following titles annexed herein and others as mutually agreedby the OCCFTA and the College.Inclusion or exclusion in the PA unit of new positions created by the Collegesubsequent to the date of this agreement shall be preceded by discussion with theOCCFTA. Any impasse in this area shall be submitted to the Public EmploymentRelations Board for resolution.
Recognition. The College hereby recognizes the OCCFTA as the bargainingrepresentative for the PA positions listed in Appendix 2.
No-Strike Provision. The OCCFTA affirms that it does not assert the right to strike orto assist, to participate in any strike, nor to impose an obligation to conduct, assist,participate in any strike, slowdown or work stoppage during the life of this agreement.
Membership. Membership in the OCCFTA shall not be a condition of employment andthe College agrees that there shall be no discrimination, interference, restraint, orcoercion by the College against any employee because of his/her membership and/orhis/her activities in OCCFTA business.
Payroll Deduction. College will, upon thirty (30) days notice and upon receipt of awritten and signed direction from each employee deduct from the wages due suchemployee in any month the regular dues fixed by the OCCFTA.As long as permitted by law, the College will deduct an agency shop fee, equal inamount to dues, from the wages of those individuals who are members of the PA unitbut who choose not to become OCCFTA members.The College will remit dues and agency shop fee deductions to the OCCFTA on aregular basis.The OCCFTA affirms that it has adopted such procedures for refund of agency shopfee deduction as required by Section 208.3 (b) of the New York State Civil ServiceLaw.VOTE-COPE. A program providing for VOTE-COPE check-off and remission ofpayments to NYSUT will be started. Under the program, the Federation will provideto the College the appropriate authorization form from each participant; the VOTECOPE check-off shall be deducted from each participating bargaining unit member’sbiweekly paycheck (20 paychecks annually); and an annual time frame for participantsto authorize or to cancel the check-off will be established.
