Educational Opportunity Centers

SUPPLEMENTAL AGREEMENT ON EDUCATIONAL OPPORTUNITY CENTERS

Pursuant to an agreement entered into the 25th day of April, 1980 by and between The City University of New York and the Professional Staff Congress/CUNY.

1.        RECOGNITION

The Professional Staff Congress/CUNY is recognized by the City University as the exclusive collective bargaining representative under the Public Employees’ Fair Employment Act for the period beginning April 25, 1980 for persons employed at the Educational Opportunity Centers sponsored by the Borough of Manhattan Community College, New York City College of Technology, Bronx Community College and York College in the following titles:

EOC Adjunct Lecturer
EOC Adjunct College Laboratory Technician
EOC College Laboratory Technician
EOC Higher Education Officer
EOC Higher Education AssociateEOC Higher Education Assistant
EOC Assistant to Higher Education Officer
EOC Lecturer
EOC Substitute (full‑time title)

Employees in the following functions or titles are excluded:

Director
Associate Director
Assistant Director
Coordinator (Number of Coordinators not to exceed those specified in contract between the State University of New York (“SUNY”) and the individual college)

2.         APPLICABLE PROVISIONS

The terms and conditions of employment for the above titles shall be those contained in the University’s Bylaws and written policies of the Board for parallel titles, except that application of such Bylaws and policies may require modification because of the special organizational structure of the EOCs; the provisions of a) listed below; and, in addition, the following provisions of the 2017-2023 Agreement between The City University of New York and the Professional Staff Congress/CUNY (the “Master Agreement”) set forth in b) below shall be applicable to EOC titles.

(a)        Effective September 1, 1988, for employees of the Bronx, Brooklyn and Manhattan Educational Opportunity Centers, and, effective July 1, 1999, for employees of the Queens Educational Opportunity Center, benefits will be provided.

1. Health Insurance:

(i) Effective December 31, 2008, eligible active full-time EOC employees became eligible for coverage under the New York City Health Benefits Program as a result of the transition of EOC employees to the New York State and New York City payrolls.[32]

(ii) Effective August 25, 2016, qualified EOC adjuncts shall be eligible to enroll in the New York City Health Benefits Program on the same basis as other qualified adjuncts, as defined in paragraphs a, b, and c of Appendix J.

2. Retirement: TIAA/CREF (Mandatory)

3. Supplemental Health Benefits:

(i) Per capita per annum contributions shall be made to the PSC-CUNY Welfare Fund as set forth below.  The specified amounts will be paid on a per capita pro-rated monthly basis to the PSC-CUNY Welfare Fund for all full-time eligible members of the instructional staff.

Effective November 30, 2017             $1,890
Effective February 28, 2023               $1,925

Determination of eligibility and benefits is made by the PSC‑CUNY Welfare Fund.

(ii) Qualified EOC adjuncts eligible to participate in the New York City Health Benefits Program will also be provided with supplemental health benefits through the PSC-CUNY Welfare Fund effective August 25, 2016.  The per capita per annum contributions set forth below will be paid on a pro-rated monthly basis to the PSC-CUNY Welfare Fund for all eligible EOC adjuncts.[33]

Effective November 30, 2017             $1,350.01
Effective February 28, 2023               $1,375.01      

                     4. Workers’ Compensation

(b) The following articles of the Master Agreement shall be applicable to employees of the EOCs except that application of such articles may require modification of the procedures and practices because of the special funding and organizational structure of the EOCs.

Preamble

Article 1                Recognition

Article 2                CUNY-PSC Relationships

Article 3                Unit Stability

Article 4                Union Dues and Membership

Article 5                Information and Data

Article 6                Reassigned Time

Article 7                Organizational Use of Facilities

Article 8                Non‑Discrimination

Article 9                Appointment and Reappointment except 9.6 and 9.8

Article 10              Schedule for Notification of Reappointment and Non‑Reappointment except 10.1(b)

Article 11              Classification of Titles except for 11.1 (the last two (2) sentences), 11.2, 11.5, 11.6, 11.7

Article 12              Certificate of Continuous Employment except 12.6

Article 13              Appointments and Reappointments in the Higher Education Officer (HEO) Series, except that an employee who meets the qualifications in an EOC HEO series title shall gain a multiple-year appointment in that EOC upon recommendation to and approval by the Board of Trustees.  Such appointment or service toward a multiple-year appointment is not transferable to any other EOC or unit of The City University.

Article 14              Leaves and Holidays, except that, effective August 25, 2006, the period of annual leave for EOC Lecturers shall be from the day after commencement at the Center until the third day, excluding Saturday and Sunday, preceding the thirtieth of August that follows such commencement, or an equivalent consecutive period.  The annual leave period for EOC Lecturers appointed or assigned as counselors or to other student personnel assignments is governed by Article 14.3 c).

Article 15              Workload except 15.1(c), 15.3

Article 16              Temporary Disability and Parental Leave, except 16.5, 16.6

Article 17             Jury Duty

Article 18             Professional Evaluation, to the extent applicable and practicable and in accordance with the organizational structure of the EOCs

Article 19              Personnel Files

Article 20              Complaint, Grievance and Arbitration Procedure

Article 21              Disciplinary Actions

Article 22              Increased Promotional Opportunities, except 22.1, 22.2, 22.3, 22.4

Article 24              Salary Schedules except that the salary schedules therein are not applicable to the EOCs and the schedules set forth in Section 3 “Salary Schedules” below shall be applicable. Effective March 19, 2010, employees serving in the titles EOC Assistant to Higher Education Officer and EOC College Laboratory Technician who hold a master’s degree from an accredited university in a field related to their job duties shall receive a $1,000 annual salary differential, and those who hold a doctoral degree from an accredited university in a field related to their job duties shall receive a $2,500 annual salary differential.

Article 29              Waiver of Tuition Fees

Article 30              Facilities and Services

Article 31              Rehiring of Persons Who Are Discontinued

Article 32              Discontinuances

Article 33              Faculty and Staff Development, except Article 33.5, which applies only to the extent set forth below in Sections 4 and 5.

Article 38              Workers’ Compensation

Article 39              Occupational Safety and Health

Article 40              No Strike Pledge

Article 41              Legislative Action

Article 42              2017-2023 Financial Provisions

Article 43              Duration

3.         SALARY SCHEDULES

EOC LECTURER

EOC LECTURER DOCTORAL SCHEDULE^#

^# See provisions of Article 24.2(a)

EOC HIGHER EDUCATION OFFICER

EOC HIGHER EDUCATION ASSOCIATE

EOC HIGHER EDUCATION ASSISTANT

EOC ASSISTANT TO HEO

EOC COLLEGE LABORATORY TECHNICIAN

EOC COLLEGE LABORATORY TECHNICIAN,
EOC ADJUNCT COLLEGE LABORATORY TECHNICIAN

4.        PROFESSIONAL DEVELOPMENT EOC LECTURER SERIES

Effective July 1, 2009, EOC Lecturers and EOC Lecturers (Doctoral Schedule) shall be eligible to participate in the HEO/CLT Professional Development Fund established pursuant to Article 33.5 of the PSC/CUNY collective bargaining agreement. Funding for such participation shall be capped up to a maximum of $45,000 per year.

5.        PROFESSIONAL DEVELOPMENT IN THE EOC HIGHER EDUCATION OFFICER SERIES AND THE EOC COLLEGE LABORATORY TECHNICIAN SERIES

Effective July 1, 2009, employees in the EOC Higher Education Officer series and the EOC College Laboratory Technician and EOC Adjunct CLT titles will be eligible to participate in the HEO/CLT Professional Development Fund established pursuant to Article 33.5 of the PSC/CUNY collective bargaining agreement.

6.        TENURE PROVISIONS

An employee who meets the qualifications shall be awarded tenure in a respective EOC upon recommendation to and approval by the Board of Trustees.  Such tenure or service toward tenure is not transferable to any other EOC or unit of The City University.

7.        WORKLOAD IN THE EOC LECTURER SERIES

EOC Lecturers and EOC Lecturers on the Ph.D. schedule may be assigned three additional contact teaching hours per academic year.  It is understood that, after consultation with the Lecturer, and as near to the beginning of the academic year as is feasible, the additional three teaching hours may be assigned as one contact hour in each trimester, as two contact hours in one trimester and one contact hour in another trimester, or as three contact hours in one trimester.  In the event an EOC operates on a semester basis, rather than a trimester basis, in any given academic year, the three additional contact hours may be assigned as two in one semester and one in the other semester, or as three in one semester.  In no event shall EOC Lecturers or EOC

Lecturers on the Ph.D. schedule be assigned more than three (3) additional contact hours per academic year or more than 18 contact hours in any one trimester or semester as a result of this provision.  In no event shall the increase in teaching contact hours extend the overall work week beyond thirty hours.

8.         LABOR MANAGEMENT COMMITTEES

(a)        There will be a labor management committee for the Educational Opportunity Centers composed of two members designated by the University and two members designated by the PSC to hear concerns from individual employees in EOC Higher Education Officer series titles concerning workload.  The Committee, as appropriate, may make non-binding recommendations to the Director of the respective Educational Opportunity Center. The Committee may also consider requests from an individual member of the Higher Education Officer series for a reclassification of his/her position. If the Committee deems such a request to have merit, it will refer the matter for consideration to the Director of the respective Educational Opportunity Center.

(b)       There will be a labor management committee for the four Educational Opportunity Centers, composed of five members designated by the PSC and five members designated by the University to develop non-binding proposals on further enhancements to the professional lives of the EOC instructional staff, including but not limited to a consideration of a promotional series and sabbaticals.    

9.         RETIREE IDENTIFICATION CARD

Each Educational Opportunity Center will provide, upon request by a retiree, a college-retiree identification card, which will provide the retiree with library privileges at the college with which the Educational Opportunity Center is affiliated.

10.       PENSION CONTRIBUTIONS FOR FULL-TIME INSTRUCTIONAL STAFF WITH HOURLY OVERLOAD ASSIGNMENTS

Effective January 2, 2003, full-time EOC instructional staff members who, in addition to their regular full-time assignments, are assigned overloads on an hourly basis at a CUNY EOC, shall have employee and employer pension contributions made based upon the hourly earnings from the overload assignment.

11.       RETIREE HEALTH INSURANCE BENEFIT

(a)      Effective December 31, 2008, eligible PSC-represented retirees of the EOCs shall be covered by the New York City Health Benefits Program for retiree health insurance benefits and by the PSC-CUNY Welfare Fund for supplemental health benefits.[34]

(b)      This Article 11 constitutes the entire agreement entered into by the parties in connection with the provision of health insurance to PSC-represented employees who retire at the EOCs, and it cannot be supplemented, amended, or modified in any manner, except in writing by agreement of the parties.

12.       LIMITATIONS

The City University’s obligations to employees at each of the Educational Opportunity Centers covered by this agreement shall be subject to

(a)        renewal of the agreement between The City University and the State University of New York;

(b)       provisions for the payment of such obligations in the budget of each Educational Opportunity Center approved by the State University of New York.

13.       EFFECTIVE DATE

This agreement shall become effective upon acceptance by The City University, the Professional Staff Congress/CUNY, and the State University of New York.