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Article 5Union Rights5.1Bulletin Boards(a) The Employer agrees to furnish and maintain suitable lockingglass enclosed bulletin boards in convenient places in each working area to beused exclusively by the PBA.(b) The PBA agrees to limit its postings of notices and bulletins tosuch bulletin boards.(c) The PBA agrees that it will not post material which may beprofane, derogatory to any individual, or constitute election campaign materialfor or against any person, organization or faction thereof except that electionmaterial relating to internal PBA elections may be posted on such bulletinboards. During the period in which the PBA has the exclusive right to bulletinboards, no other employee organization, or affiliate thereof, except employeeorganizations which have been certified or recognized as the representative forcollective negotiations of other State employees employed at such locations,shall have the right to post material on State bulletin boards or distributeliterature at work locations of bargaining unit members. All bulletins or noticesshall be signed by a PBA Executive Committee member, a PBA Delegate ortheir respective designee.(d) Any material which the Employer alleges to be in violation of thisAgreement shall be promptly removed by the PBA. The matter will thenimmediately be referred to Step 3 of the grievance procedure for resolution.(e) In regions, headquarters or campuses which have repeatedviolations, the Director of the Governor's Office of Employee Relations mayrequire advance approval of all future material which is to be posted.5.2Access to Employees and Meeting Space(a) Department or agency heads may reach understandings with thePBA for reasonable and appropriate arrangements whereby the PBA mayadvise employees of the availability of the PBA representatives forconsultations during non-working hours concerning PBA membership, servicesand programs.(b) The PBA representatives shall, on an exclusive basis foremployees covered by this Agreement, have access to employees duringworking hours to explain the PBA membership, services and programs undermutually developed arrangements with department heads wherein such accessshall not interfere with work duties or work performance. Such consultationsshall be no more than 15 minutes per employee per month, not to exceed anaverage of fifteen percent per month of the employees in the agency orinstitution.(c) The departments or agencies shall provide meeting space to thePBA upon written notice from a PBA Executive Committee member, a PBADelegate or their respective designee in buildings owned or leased by theState. Meeting space shall be provided under the following circumstances:(1) suitable space is not reasonably available elsewhere inthe area;8

(2) the PBA agrees to reimburse the Employer for anyadditional expenses incurred by the Employer including furnishing janitorialservices, and any other expense which would not have been incurred had thespace not been available to the PBA;(3) a request for the use of such space is made in advancepursuant to the rules of the department or agency concerned;(4) the purpose of the meeting is made known to and isapproved by the Employer.5.3Employee Organization LeaveEmployee organization leave shall be release time without charge tothe member’s leave credits. Employee organization leave shall be grantedprovided the leave is requested with proper notice and the resulting absencewill not interfere with the proper conduct of governmental functions.Time spent by members on employee organization leave, during theirduty tours, shall be considered time worked for overtime purposes. However,in no event shall time spent performing duties which would otherwise qualify foremployee organization leave but are performed beyond the scheduled dutytour, or that are performed on pass days, be considered as time worked for thepurpose of computing overtime pay.Employee organization leave shall be categorized as either BankedLeave or Non-Banked Leave.A. Banked Leave(1)(2)Members of the PBA Board of Directors, PBA Delegates andPBA representatives and designees shall be provided with atotal of 200 days (one day being one duty tour) of BankedLeave credit each year. Banked Leave shall be used in aminimum of one (1) day blocks.Under specialcircumstances and upon advance request, additional BankedLeave may be granted by the Director of the Governor'sOffice of Employee Relations, or his/her designee. Leaveunder this paragraph may be used for the following purposes:(a) Attending PBA Board of Directors Meetings;(b) Attending Board of Directors CommitteeMeetings;(c) Attending local PBA Meetings;(d) Attending PERB conferences and hearings (fortime in addition to that set forth in paragraph5.3 B[1][i]); and(e) Other necessary organizational purposes. Insuch event, the Director of the Governor’sOffice of Employee Relations, or his/herdesignee, shall be advised of the name,general reason and general location of theindividual on Banked Leave.Members of the PBA Board of Directors, PBA Delegates andPBA representatives and designees shall also be providedwith a total of 10 days (one day being one duty tour) of9

Banked Leave which may only be used for necessary traveltime in conjunction with the events set forth in paragraph5.3(A)(1). Travel time shall be defined as time duringregularly scheduled work hours spent in actual andnecessary travel to attend a meeting or series of meetings onconsecutive days.Travel time shall be used in a minimum of two (2) hourblocks.B.In the event that the 10 days for the travel time areexhausted by the PBA prior to the end of a given year, thePBA can use the Banked Leave provided in paragraph5.3(A)(1) for necessary travel time.(3)In addition to using Banked Leave, members of the PBABoard of Directors, PBA Delegates and PBA representativesand designees can choose to use their own off duty time or,when approved by a supervisor, their own leave accruals forthe purposes set forth in paragraph 5.3(A)(1) and (2). Exceptas provided in Paragraph 5.3(B)(1)(c), Non-Banked Leaveshall not be used for any of the purposes set forth inparagraphs 5.3(A)(1) and (2).(4)The allocation of Banked Leave shall be the sole prerogativeof the PBA.(5)All requests for Banked Leave must be made to the Directorof the Governor’s Office of Employee Relations or his/herdesignee. Absent circumstances beyond the PBA’s control,the PBA must request permission to use Banked Leave atleast 3 days in advance of such leave.Absentcircumstances beyond the PBA’s control which preventgiving such notice, failure to provide such notice shall resultin the denial of the request for Banked Leave. In the eventthat the request for Banked Leave is denied based on failureto give proper notice, but where such leave would otherwisebe approved, the member shall be allowed to use his/herleave accruals to cover the period of absence.(6)The Director of the Governor's Office of Employee Relations,or his/her designee, shall send the PBA a statement every 60days detailing the Banked Leave used under paragraphs5.3(A)(1) and (2). This statement shall be presumed correctunless the PBA, within thirty (30) working days of their receiptof the statement, advises the Director of the Governor'sOffice of Employee Relations, or his/her designee, of anyerrors.Non-Banked Leave10

(1)(2)Non-Banked Leave, which shall include travel time andreasonable preparation time, shall be used for the followingpurposes:(a) Negotiations for a successor agreement to thisAgreement;(b) Interest arbitration and mediation proceedings;(c) PERB conferences and hearings limited to two(2) PBA representatives;(d) Other occasions as approved by either theAgency or the Director of the Governor's Officeof Employee Relations, or his/her designee.Notice Requirements:(a)(3)(4)C.Requests for Non-Banked Leave shall be made tothe Director of the Governor’s Office of ances beyond the PBA’s control, the PBAmust request permission to use Non-Banked Leaveat least 72 hours in advance of such leave. Absentcircumstances beyond the PBA’s control whichprevent giving such notice, failure to provide suchnotice shall result in the denial of the request forNon-Banked Leave. In the event that the requestfor Non-Banked Leave is denied based on failure togive proper notice, but where such leave wouldotherwise be approved, the member shall beallowed to use Banked Leave, if he/she is a PBABoard Member including the President, or if he/shechooses, his/her leave accruals to cover the periodof absence.Upon approval, leave under paragraph 5.3(B)(1)(a) and (b)shall be granted to the members of the PBA negotiatingcommittee, whose numbers shall not exceed the number ofmembers on the Board of Directors. The PBA shall providethe State with the names of the PBA negotiating committeemembers prior to the start of negotiations.Travel TimeTravel time used in conjunction with an event set forth inparagraph 5.3(B)(1) shall not exceed the reasonable andcustomary time necessary for travel each way in connectionwith any meeting or series of meetings.Under special circumstances and upon advance request, additionalEmployee Organization Leave for additional meetings may be granted bythe Director of the Governor’s Office of Employee Relations or his/herdesignee.11

D. The PBA shall provide the State and each Agency with the names and PBAdesignation of all members of the Board of Directors and shall notify theState and each Agency of any changes.E. Employee organization leave provided pursuant to this Article shall be inaddition to that provided elsewhere in this Agreement for PBArepresentation in processing of grievances and labor/managementmeetings.5.4Unchallenged RepresentationThe Employer and the PBA agree, pursuant to Section 208 of the CivilService Law, that the PBA shall have unchallenged representation status forthe maximum period permitted by law on the date of execution of thisAgreement.5.5Agency ShopMandatory agency shop fee deductions shall be continued for theperiod required by law.5.6Union LeaveA permanent employee or employees nominated by the PBA may begranted by the Employer a leave or leaves of absence with full salary from theirregular position for the purpose of serving with the employee organizationsubject to the conditions of this paragraph. Each such leave, its term andrenewal, shall be subject to the discretionary approval of the Director of theGovernor's Office of Employee Relations. The PBA shall periodically, asspecified by the Director of the Governor's Office of Employee Relations,reimburse the State for the salary or wages paid to each employee by theEmployer during such leave of absence together with the cost of fringe benefitsat the percentage of salary or wages as determined by the Comptroller. ThePBA shall purchase an insurance policy in the form and amount satisfactory tothe Director of the Governor's Office of Employee Relations to protect the Statein the event the State is held liable for any damages or suffers any loss byreason of any act or omission by such employee during the period of suchleave of absence with full salary.5.7ExclusivityThe Employer will not meet or confer with any other employeeorganization or affiliate thereof with reference to terms and conditions ofemployment of employees. If such organizations request meetings, they will beadvised by the Employer to transmit their requests concerning terms andconditions of employment to the PBA, and arrangements will be made by thePBA to fulfill its obligation as a collective negotiating agent to represent theseemployees and groups of employees.5.8New Employee Membership PacketsThe Employer agrees to provide each new employee in the AgencyPolice Services Unit with a membership packet furnished by the PBA withinone workweek following his first day of work and to the extent possible on thefirst day of work. The materials which may be included in such packet shall besubject to the restrictions set forth in paragraphs 5.1(c) and 5.1(d) of thisArticle.12

The Employer agrees to provide the PBA with the name, duty locationand, when possible and applicable, shift of each employee promoted or hiredinto the unit within seven (7) days of appointment.13

Article 6Management Rights6.1Except as expressly limited by other provisions of thisAgreement, all of the authority, rights and responsibilities possessed by theEmployer are retained by it.14

Article 7Grievances and Arbitration7.1DefinitionsFor the purposes of this Agreement, all disputes shall be subject to thegrievance procedure as outlined below:(a) A dispute concerning the application and/or interpretation of thisAgreement is subject to all steps of the grievance procedure includingarbitration, except those provisions which are specifically excluded.(b) Any other dispute or grievance concerning a term or condition ofemployment which may arise between the parties or which may arise out of anaction within the scope of authority of a department or agency head and whichis not covered by this Agreement shall be processed up to and including theconference phase of the Alternate Dispute Resolution Process, and notbeyond, except those issues for which there is a review procedure establishedby law or by or pursuant to rules or regulations filed with the Secretary of State.(c) A claim of improper or unjust discipline against an employee shallbe processed in accordance with Article 8 of this Agreement.7.2ProcedureThe purpose of this Article is to provide a prompt, equitable, peacefuland efficient procedure to review and resolve grievances, and to further thepurpose of this Agreement to promote harmonious employee relations. Boththe Employer and the PBA recognize the importance of, among other aspectsof the procedure, the timely issuance of decisions to filed grievances and theresponsible use of this procedure. Upon failure of the Employer to provide adecision within the time limits provided in this Article, the PBA may appeal tothe next step of the grievance procedure. The grievance will not revert back tothe previous step where it was originally untimely unless mutually agreed to byboth parties.Prior to initiating a formal written grievance pursuant to this Article, theemployee or the PBA is encouraged to resolve disputes subject to this Articleinformally by reviewing them with the appropriate immediate supervisor, localadministration or agency or department.(a) GrievancesStep 1. The employee and/or the PBA shall present the grievance inwriting to the campus, headquarter or regional management representativewithin twenty (20) days of the act or omission giving rise to the grievance orwithin twenty (20) days of the date on which the employee and the PBA firstknew of such act or omission, whichever is later. The campus, headquarter orregional management representative shall each designate a regularrepresentative, who shall meet with the PBA and the grievant during theemployee's regular work shift within ten (10) days of receipt of the grievanceand shall render a decision in writing within ten (10) days from the day of suchmeeting. The decision shall include a brief statement of relevant facts andreasons on which the decision is based. A meeting will not be held if there ismutual agreement that the file sufficiently clarifies the issue, that there is no15

new evidence to consider or the matter has been previously reviewed and/orresolved.Step 2. In the event that the grievance has not been satisfactorilyresolved at Step 1, an appeal may be taken by the PBA in writing to theDepartment or Agency head, as appropriate, within fifteen (15) days fromreceipt of the Step 1 decision. The written appeal shall contain a description ofthe relevant facts from which the grievance derives, why the decision at theStep 1 level is inadequate, and specific references to all sections of theAgreement, if any, which the PBA claims have been violated. The Departmentor Agency Head, or designee, shall meet with the PBA to review the grievancewithin ten (10) days from receipt of the Step 2 written appeal and shall render awritten decision which shall include a brief statement of the relevant facts onwhich the decision is based to the PBA within ten (10) days from the day of theStep 2 meeting. Communications concerning appeals and decisions at thisStep shall be made by personal service or by registered or certified mail. Ameeting will not be held if there is mutual agreement that the file sufficientlyclarifies the issue, that there is no new evidence to consider or the matter hasbeen previously reviewed and/or resolved.Step 3. In the event that the grievance has not been satisfactorilyresolved at Step 2, an appeal to the Director of the Governor's Office ofEmployee Relations may be taken by the PBA in writing within fifteen (15) daysfrom the day on which the PBA received the Step 2 decision. Such appealshall contain a copy of the Step 2 decision. All communications concerningappeals and decisions at this Step shall be made by personal service,registered or certified mail.Once a month (on a designated day), representatives from the PBAand the Governor's Office of Employee Relations will meet and review allgrievances that have been appealed to the Step 3 level during the previousmonth. At these meetings, the grievance will be read, reviewed and tacticallydistributed for processing in one of the following ways:1. Expedited Decision. For grievances with respect to which eitherside believes that the decision is going to be traditional, and involves issueswhich cannot be resolved by the grievance process, the Governor's Office ofEmployee Relations shall provide, within ten (10) days, a written Step 3response in the form of a brief answer.2. On-site Review. If both representatives believe that a Step 3hearing review is necessary, the parties will agree to schedule such a reviewon the next trip to the work location in question. Trips to regions or worklocations will be scheduled in advance on a "circuit" basis to ensure that eachwork location c

(A) An employee shall be entitled to PBA representation at each and every step of the grievance procedure set forth in this Agreement. (B) An employee shall be entitled to PBA representation, including a PBA lawyer, at each stage of a disciplinary proce