Onondaga Community College’s Health Information Management Memo

The College and the Professional Administrators enter into this agreement willingly and
with the full optimism that the written agreement of the conditions for administrative
employment at the College will be for the distinct benefit of the College operation as a
whole. They mutually pledge to work conscientiously within the framework of the
agreements 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 of
the continuous and orderly management of the College.
The parties to this agreement do not and will not discriminate in any matter contrary to law
with regard to the application of the terms and conditions of this agreement to any member
of the Professional Administrators unit.
STATUTORY COMPLIANCE
Section 204 (a) of the Civil Service Law of the State of New York, commonly referred to
as the Taylor Law, requires the following paragraph to be included within any labor
agreement executed between a public employer and its public employees:
IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY
PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE
ACTION TO PROMOTE ITS IMPLEMENTATION BY AMENDMENT
OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS
THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE
APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
ARTICLE I – AGREEMENT SCOPE
The College and the PA of OCCFTA acknowledge that during the negotiations which
preceded this agreement each party had the unlimited right and opportunity to make
demands and proposals with respect to any subjects or matter and that the understanding
and agreements arrived at between the parties after the exercise of that right and
opportunity are set forth in this agreement. Therefore, the College and the PA of
OCCFTA agree that during the life of this agreement neither the College nor the
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PA of OCCFTA shall be obliged to negotiate collectively with respect to any subject or
matter referred to or covered in this agreement or with respect to any subject or matter not
specifically referred to or covered in this agreement, even though such subjects or matter
may not have been within the knowledge or contemplation of the parties at the time they
negotiated and signed this agreement.
ARTICLE II – MANAGEMENT RIGHTS

Except as expressly modified or limited by the provisions of this agreement, the Board
of Trustees and the College President retain all authority, rights, and responsibilities
possessed as regular and customary functions of management including but not limited
to:
A. The right to determine the mission, purposes, objectives, and policies of the
College.
B. To determine facilities, methods, means, and number of personnel required for the
conduct 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 transfer
employees.
F. To direct, assign, and utilize employees.
G. To establish specifications for positions and to classify or reclassify and to allocate
or reallocate new or existing positions.
H. To discipline or discharge employees in accordance with law and the provisions of
this 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 OCCFTA
in their respective functional areas upon prior notification to the OCCFTA
President.

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 as
being 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 defined
by subdivision 2 of section 6306 of New York Education Law as determined by the
Onondaga Community College Board of Trustees with the approval of the Chancellor
of the State University of New York.
Excluded from this definition are personnel (1) who formulate policy, (2) who assist
directly in the preparation for and conduct of collective negotiations or have a major
role in the administration of agreements or in personnel administration, (3) who assist
and act in a confidential capacity to personnel described in the preceding clauses of
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this sentence, and (4) the following titles annexed herein and others as mutually agreed
by the OCCFTA and the College.
Inclusion or exclusion in the PA unit of new positions created by the College
subsequent to the date of this agreement shall be preceded by discussion with the
OCCFTA. Any impasse in this area shall be submitted to the Public Employment
Relations Board for resolution.

Recognition. The College hereby recognizes the OCCFTA as the bargaining
representative for the PA positions listed in Appendix 2.

No-Strike Provision. The OCCFTA affirms that it does not assert the right to strike or
to 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 and
the College agrees that there shall be no discrimination, interference, restraint, or
coercion by the College against any employee because of his/her membership and/or
his/her activities in OCCFTA business.

Payroll Deduction. College will, upon thirty (30) days notice and upon receipt of a
written and signed direction from each employee deduct from the wages due such
employee 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 in
amount to dues, from the wages of those individuals who are members of the PA unit
but who choose not to become OCCFTA members.
The College will remit dues and agency shop fee deductions to the OCCFTA on a
regular basis.
The OCCFTA affirms that it has adopted such procedures for refund of agency shop
fee deduction as required by Section 208.3 (b) of the New York State Civil Service
Law.
VOTE-COPE. A program providing for VOTE-COPE check-off and remission of
payments to NYSUT will be started. Under the program, the Federation will provide
to the College the appropriate authorization form from each participant; the VOTECOPE check-off shall be deducted from each participating bargaining unit member’s
biweekly paycheck (20 paychecks annually); and an annual time frame for participants
to authorize or to cancel the check-off will be established.

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