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May 25, 1999

1999.05.25: ALAA Bylaws

Filed under: Union Democracy and Structure — nyclaw01 @ 12:55 pm
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bylaws-ratified

Bylaws of The Association of Legal Aid Attorneys, Local Union 2325 of The International Union, United Automobile, Aerospace And Agricultural Implement Workers of America (UAW), AFL-CIO
Ratified by the Membership on May 25, 1999
Article I: Name
The name of this union will be The Association of Legal Aid Attorneys (ALAA), Local Union 2325 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO.

Article II: Constitution
The Constitution of this union will be the Constitution of the International Union, UAW.

Article III: Principles and Purposes
It will be the purpose of this union to:
●Organize and unite into the union all staff attorneys of The Legal Aid Society;
●Improve the working conditions, treatment, wages, benefits and professional standing of staff attorneys of The Legal Aid Society and protect all staff attorneys from illegal, improper, arbitrary or discriminatory treatment;
●Ensure the provision of high-quality legal services to our clients and advocate for the improvement of these services within the Society and in other appropriate arenas;
●Advocate for the advancement of the interests of our clients and of poor and working people in general through political and legislative outreach;
●Maintain relations with other labor organizations and work cooperatively with other unions for the advancement of the interests of our members, our clients and of poor and working people; and
●Educate our members in the history of the labor movement and develop and maintain an informed and dignified membership in the ranks of organized labor.

Article IV: Membership
§ 1. Principle and Authority. Since the union seeks to benefit the members and thrives by virtue of their support, the membership will be the highest authority within the union. It alone will have the authority to determine all critical issues. These include to: ratify contracts, strike, return to work, set dues, and elect Officers and Delegates to UAW Conventions.
§ 2. Eligibility. Membership will be open to all employees of the bargaining unit(s) currently represented by the union and to those employees of other units who subsequently agree to the union’s representation.

§ 3. Good Standing. Members who have paid all dues and other financial obligations will be members in good standing, unless suspended or expelled from membership as specified in Article 31 of the Constitution. Members on leave or layoff will remain in good standing so long as they have paid all dues and other financial obligations established by the union unless suspended or expelled from membership as specified in Article 31 of the Constitution. Members in good standing will be entitled to the benefits of membership, including voting and participating in the union’s affairs.
§ 4. Termination. Membership in the union will be terminated under any of the following circumstances: (1) Final termination of employment within the bargaining unit; (2) Acceptance of a managerial position; provided, that acceptance of a Delegate Council (DC)-approved temporary management position of three months or less will result in an approved leave status during such period; (3) Expulsion by decision of the Trial Committee pursuant to Article 31 of the Constitution; or (4) Resignation pursuant to the procedures set forth in Article 6, § 17 of the Constitution.
§ 5. Reinstatement. Any member who has resigned, or been suspended or expelled, from the union and who seeks to rejoin or to become a member in good standing will pay a reinstatement fee established by the union.
§ 6. Meetings.
§ 6.1. Frequency. The membership will meet at least monthly in each of the offices where employed. There will be a citywide membership meeting at least thirty (30) days prior to Officer and Executive Board (EB) elections, at which nominations for such offices will be accepted and a candidates’ forum held. At other times, the membership will meet citywide upon the (1) call of the President; (2) majority vote of the EB or the DC; or (3), petition of twenty-five percent (25%) of the membership.
§ 6.2. Quorum. A quorum at any membership meeting will consist of twenty-five percent (25%) of the members in good standing as of the October 1 prior to the meeting, rounded down to the nearest multiple of ten (10). If applicable, absentee ballots, as permitted by the EB or the DC, can be counted toward establishing a quorum.
§ 7. Voting. Except for the election of Officers and Delegates, which requires in-person voting at designated offices or polling place(s) (see Article VIII), and votes to strike or call off a strike, which will occur at a membership meeting, the membership may vote by mail, at a citywide or other appropriate meeting, or in person at a designated office or polling place(s), as determined by the EB or DC. Provision for absentee ballots for membership votes may be made by the EB or DC to the extent that it is consistent with the Constitution Art. 19, § 3; Art. 38, § 10; or Art. 50, § 1(b).

Article V: Delegates Council
§ 1. Authority. The DC will be the highest authority in the union after the membership. Among other powers, it will elect the at-large (non-Officer) members of the EB, three pension Trustees, the Election Committee and three union Trustees from among the Vice-Presidents. No grievance will be arbitrated without its approval.
§ 2. Composition. The DC will consist of: (1) Delegates elected by members of each work site (complexes in the Criminal Defense Division (CDD), offices in the Juvenile Rights Division (JRD) proper and the Civil Division, units in the Criminal Appeals Bureau (CAB) proper (Parole Revocation Defense Unit (PRDU), Prisoners Rights Project (PRP), etc.), according to the following formula: one (1) Delegate per every ten (10) members, rounded up to the nearest multiple of ten (10), with each office, unit and complex entitled to at least one (1) Delegate; and (2) All Officers. There will be a reapportionment every October 1 for the purposes of establishing the number of Delegates to which each office, unit and complex is entitled.
§ 3. Meetings. The DC will meet citywide at least every two (2) months, and at other times as scheduled by the President, the EB or itself. Delegates from each office, unit and complex will meet at least monthly. A quorum consists of twenty percent (20%) of the total number of Delegate positions allocated, regardless of whether they are filled.
§ 4. Voting. Each Delegate is entitled to one (1) vote. The members of each office, unit and complex may elect up to three (3) ranked alternates, who may vote only if the Delegate is absent at a DC or office, unit or complex Delegates meeting. Officers, other than the President, will be entitled to vote as if they were Delegates. The President may vote only when the DC is equally divided and the President is presiding. If an Officer other than the President is presiding, that Officer will only have a right to vote when the DC is equally divided.

Article VI: Executive Board
§ 1. Authority. The EB will be empowered to represent the union between meetings of the union when urgent business requires prompt and decisive action. The EB will also serve as the union’s Bargaining Committee.
§ 2. Composition. The EB will be composed of the following Executive Officers: (1) President;
(2) Financial Secretary-Treasurer;
(3) Recording Secretary;
(4) Vice-President for the Civil Division;
(5) Vice-President for the Criminal Appeals Bureau, Capital Defense Unit and Federal Defender Division;
(6) Vice-President for the Criminal Defense Division/Brooklyn;
(7) Vice-President for the Criminal Defense Division/Bronx;
(8) Vice-President for the Criminal Defense Division/ Manhattan;
(9) Vice-President for the Criminal Defense Division/Queens;
(10) Vice-President for the Juvenile Rights Division; and
(11) Vice-President for the Volunteer Division/Community Law Offices.
The EB will also include seven (7) at-large members representing the following areas: (1) Senior Attorneys;
(2) Junior Attorneys;
(3) Attorneys of Color of Legal Aid (ACLA);
(4) Gay and Lesbian Attorneys;
(5) Affirmative Action;
(6) Health Benefits; and
(7) Health and Safety.
Except for the Health Benefits and Health and Safety representatives, the at-large EB members will be responsible for calling regular ongoing meetings of the caucus or committee s/he represents and for arranging advance notice of such meetings to the membership.
§ 3. Election. The President, Financial Secretary-Treasurer, and the Recording Secretary will be elected by the entire membership; the Vice-Presidents by their respective constituencies; and the at-large representatives by the DC.
§ 4. Meetings. The EB will meet at least monthly, except during August. The Recording Secretary will take the minutes of EB meetings, unless unavailable, in which event the President will designate another EB member to take the minutes.
§ 5. Voting. Each EB member is entitled to one (1) vote. The members of constituencies represented by a Vice-President may elect up to two (2) ranked Alternate Vice-Presidents, who may vote only in the Vice-President’s absence. Alternate Vice-Presidents may simultaneously serve as Delegates on the DC; however, in the absence of the Vice-President, no Alternate Vice-Presi¬dent/Delegate may cast more than one (1) vote.

Article VII: Executive Officers
§ 1. President. The President will be the chief executive Officer of the union. In addition to the duties specified in the Constitution, the President will preside over meetings, and be charged with carrying out all resolutions of the membership, DC and EB. The President will be responsible for the administration of the union between meetings of those bodies, and will represent the union in its dealings with other UAW bodies, organizations, and any public entities. The President, and the Financial Secretary-Treasurer in his/her absence, will be an ex-officio member of all union committees.
§ 2. Financial Secretary-Treasurer. The Financial Secretary-Treasurer will, in case of resignation, illness, removal, death or absence of the President, carry out all duties of the President, until, if necessary, an election for President is held pursuant to Article VIII, § 3. In addition to the duties specified in the Constitution, the Financial Secretary-Treasurer will carry out all duties prescribed by the President and resolutions of the membership, DC and EB, and attend all meetings, and take custody of all votes and minutes of meetings of those bodies. The Financial Secretary-Treasurer will also have custody of all union funds, keep records of all receipts and disbursements, and submit periodic accountings of the union’s financial transactions to the union Trustees, the DC and the EB.
§ 3. Recording Secretary. In addition to the duties specified in the Constitution, the Recording Secretary will take the minutes of EB and DC meetings.
§ 4. Vice-Presidents. The Vice-Presidents will carry out all duties prescribed by the President and their respective constituencies and attend all meetings, and carry out all resolutions of the membership, DC and EB. The Vice-Presidents will preside over all meetings of the members and Delegates of their respective constituencies.

Article VIII: Elections
§ 1. Eligibility. Executive Officer candidates must be either a member in good standing for one (1) year prior to the nomination, or a current Officer. Candidates for Delegate must be a member in good standing for six (6) months prior to the election. The Senior Attorney representative must be in the tenth (10th) year or greater of service within the bargaining unit. The Junior Attorney representative must be at seniority step 4 or below, and, once elected, cannot continue to serve after step 6. The ACLA & Gay and Lesbian representatives must be members of their respective constituencies.
§ 2. Terms. Pursuant to Article 38, § 2 of the International Union Constitution, all terms of office for Officers, Alternate Vice-Presidents, at-large members of the EB, and Trustees will be three years. Pursuant to Article 45 of the Constitution, Delegates and Alternate Delegates will have a two-year term. The first general elections under these bylaws will take place by October 31, 1999. The precise date of subsequent general elections will be set by the EB or DC, provided that it occurs within thirty (30) days of the three (3)-year anniversary of the previous general elections of EB members and Trustees, and the two (2)-year anniversary of the previous election of Delegates. The election of members of the Election Committee will occur at a DC meeting prior to general elections. Nominations for Trustees and at-large members of the EB will be received at the first DC meeting after general elections and election of those offices will occur at the second DC meeting.
§ 3. Vacancies. Officer vacancies which occur more than three (3) months prior to the next general election will be filled by a special election. Vacancies which occur less than three (3) months prior to the next general election will be filled, in relation to the President by the Financial Secretary-Treasurer; in relation to the Financial Secretary-Treasurer or the Recording Secretary by a member elected by the EB; and in relation to a Vice-President by the Alternate Vice-President. Alternate Vice-President vacancies will be filled by a special election within one (1) month of the vacancy; Trustee vacancies will be filled by the DC; and Delegate vacancies will be filled by the Alternate Delegate until a new Delegate is chosen at a special election within one (1) month of the vacancy.
§ 4. Elections.
§ 4.1. Elections Committee. An Elections Committee, comprised of non-candidates and elected by the DC, will conduct, oversee and certify all union elections. Non-candidate Officers, Delegates and Alternates may assist in conducting elections.
§ 4.2. Nominations. Written Officer nominations will be accepted during a period thirty (30) days prior to a citywide membership meeting during which additional oral nominations will also be accepted and a candidates forum conducted.
§ 4.3. Time and Notice of Voting. Elections will occur not earlier than seven (7) days after the close of nominations and regardless of whether a quorum was present at the nominations/candidate forum meeting. Fifteen (15) days notice of general elections and special Officer elections must be given.
§ 4.4. Location of Voting. Members will vote in person in their offices or at designated polling place(s).
§ 4.5. Margin Required. Pursuant to Article 38 of the Constitution, election of Executive Officers will require a majority of votes cast. All other elections will be by plurality vote. § 4.6. Uncontested Elections. An election will take place even if the position is uncontested.
§ 4.7. Voting Procedure. Voting procedures utilized will be designed to accommodate the greatest number of members, particularly those assigned to work night arraignment shifts.

Article IX: Removal of Union Representatives
§ 1. Major Charges.
§ 1.1 Preliminary Stages.
§ 1.1.1. Initiation and Grounds. Any member of the DC may prefer charges to remove any Officer, Delegate, or Alternate of the union for just cause, which will include malfeasance, misfeasance, or nonfeasance in office.
§ 1.1.2. Notice and Pleadings. Within five (5) days of the filing of charges, the Financial Secretary-Treasurer (or President, if the accused is the Financial Secretary-Treasurer), will formulate specifications and forward the charges and specifications by registered mail to the accused, who has the right to answer the charges. Such answer must be postmarked or delivered within thirty (30) days of the registered mail receipt date upon the notice sent to the accused.
§ 1.1.3. Finding of Merit. Within five (5) days of receipt of the answer, the Financial Secretary-Treasurer (or President) will forward the charges, specifications and answer to the EB, which will vote at its next meeting on whether there is merit to the charges. An EB finding of merit must be reviewed de novo by the DC at its next meeting, while an EB finding of no merit may be so reviewed by the DC. If the accused fails to answer the charges and specifications within thirty (30) days, the EB will proceed as if the answer had been received on the thirtieth (30th) day after the registered mail receipt date from the notice sent to the accused.
§ 1.2 Trial Board.
§ 1.2.1 Convening. Within ten (10) days after its vote of merit on the charges, the DC will convene as a Trial Board to consider removal of the accused from office.
§ 1.2.2. Chair. The President (or Financial Secretary-Treasurer) will preside at the Trial Board hearing, which will be recorded by any means authorized by the Trial Board.
§ 1.2.3. Presumption and Counsel. At the hearing, the accused is presumed innocent and has the right to be represented by counsel.
§ 1.2.4. Evidentiary Rules. The rules of evidence will be within the discretion of the Trial Board; formal judicial evidentiary rules are not mandatory. The Trial Board will exclude evidence deemed irrelevant, immaterial, unduly repetitious, or legally privileged; it may call for further evidence or testimony at any stage in the hearing. Refusal of a witness to answer a proper question at the hearing will be grounds for the Trial Board to strike all testimony previously given by the witness. Every person whose interests are or may be affected by the hearing will have the right to present oral or documentary direct or rebuttal evidence, to examine witnesses or evidence and to object to admissions or exclusions of evidence. After the hearing is closed, no further information will be received by the Trial Board unless such provision has been made at the hearing or if it reopens the hearing.
§ 1.2.5. Decision. Within five (5) days after the hearing closes, the Trial Board will vote by secret ballot whether to sustain the charges and, if so, whether to remove the accused from office. A vote of at least two-thirds (⅔) of the Trial Board is required to sustain any charge and for removal. The Trial Board will send the accused its decision forthwith by registered mail. It will also establish an effective date for removal no less than five (5) days after its decision.
§ 1.3. Appeal.
§ 1.3.1. Filing. Prior to the effective date of his/her removal, the accused may appeal to the membership by filing a notice of appeal with the President (Financial Secretary-Treasurer). Timely notice of appeal by the accused stays his/her removal pending the membership’s resolution of the appeal.
§ 1.3.2. Decision. Within twenty (20) days of receipt of the notice of appeal, the President (Financial Secretary-Treasurer) will convene a membership meeting at which she/he presents the Trial Board’s findings and the accused has the right to make a presentation. The membership will vote upon the appeal by secret ballot. If upheld by a majority vote of the membership, the Trial Board’s decision to remove the accused will be effective immediately.
§ 2. Other Charges. Additional grounds for removal from office will include pursuit of a management position by a serving Officer; or three consecutive, unexcused absences from an EB or DC meeting by any of its members. An absence is not unexcused where the body where the absence occurred votes to excuse the absentee or where the absentee’s constituency is represented by an elected Alternate. Upon the accused receiving ten (10) days notice and an opportunity to be heard at a DC meeting for which the accused’s removal has been noticed, the DC may remove the accused from office upon a two-thirds (⅔) vote of those present, provided a quorum is achieved. Where the charge is unexcused absences, the accused may proffer an excuse(s) at the time his/her removal is being considered. The accused will have the same right of appeal specified in § 1.3 herein.
§ 3. Effect of Removal. Removal will result in forfeiture of all pay, allowances and fees due from the union to the removed Officer, Delegate or Alternate from the date of removal.

Article X: Dues And Fees
§ 1. Initiation Fee. There will be a fifty dollar ($50) initiation fee for new members. The fee will not apply to any former member in good standing who paid the initiation fee, resigned from his/her job, and was subsequently rehired within two (2) years.
§ 2. Reinstatement Fee. Any member who resigned, or who was suspended or expelled from the union, and who now seeks to rejoin, will pay a reinstatement fee as determined by the EB.
§ 3. Dues. Any changes in the dues structure must be approved by the membership.

Article XI: Strikes
§ 1. Violating a Strike. Any member who works for The Legal Aid Society (LAS) or another bargaining unit represented by the union during a strike at that employer will be guilty of violating a strike. Any member accused of violating a strike will be subject to a trial under Article 31 of the Constitution and, if found guilty, to the penalties specified therein and to a fine not to exceed one (1) day’s gross pay for each day worked.

Article XII: Staffing
Finances permitting, the President and Financial Secretary-Treasurer, in that order, will be on union staff, and will receive the same salary and benefits they would have received on active LAS staff. Any additional union staff will be determined by the EB.

Article XIII: Parliamentary Order
Robert’s Rules of Order will apply in all situations not covered by the International Union Constitution or these bylaws.

Article XIV: Amendments
These bylaws may be amended by a majority vote of the members, after thirty (30) days notice of the proposed amendment, or by a majority vote of the DC, after the proposed amendment is noticed on the agenda of two (2) consecutive DC meetings.

Article XV: Savings Clause
A declaration that any provision of these bylaws is null and void will not in any way affect the validity of other provisions or the bylaws as a whole.

Article XVI: Adoption
These bylaws will become effective upon their adoption by a majority vote of the membership.

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May 5, 1999

1999.05.05: Proposed ALAA Contract Agreement

Filed under: Collective Bargaining,Union Democracy and Structure — nyclaw01 @ 4:20 pm
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From: MLetwin@HQWEST.WEST [mailto:MLetwin@HQWEST.WEST]
Sent: Wednesday, May 05, 1999 1:09 PM
To: Everyone at the Legal Aid Society@HQWEST.WEST
Subject: Proposed ALAA Contract Agreement
Importance: High

M E M O

TO:  ALAA Members
FR:  Michael Letwin
RE:  Proposed ALAA Contract
DA:  May 5, 1999
———————————————————————————————————————–
Last night, the Executive Committee voted 29-1 to recommend to the membership the proposed contract agreement reached with the Society late last week.

It also voted to hold meetings in the major offices to discuss the contract (TBA), and to set Tuesday, May 25, 4 p.m. (subject to space availability) for a membership meeting to vote on the contract, and on proposed new ALAA by-laws which have been pending for many months.

Following a second EC meeting tomorrow night on the draft by-laws, materials concerning both issues will be mailed to each member’s home.  Meanwhile, attached are the  summary and text of the proposed contract (to print them, right-click on the attachment(s) below and choose “print”).

Please reply with any questions and/or comments that you may have.

May 4, 1999

1999.05.04: Summary of ALAA 1998-2000 Contract Settlement

Filed under: Collective Bargaining,Union Democracy and Structure — nyclaw01 @ 3:13 pm
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[Download .pdf version: summary]

Summary of ALAA 1998-2000 Contract Settlement

Presented to the Executive Committee on May 4, 1999

This summary highlights the contract agreement which the Bargaining Committee, meeting on April 29, voted unanimously to recommend for membership ratification.  This summary is subject to pending agreement on the final memorandum of agreement, which will be distributed separately.
Compensation Package
Item Year 1 (10/1/98) Year 2 (10/1/99)

%

Salary & New Senior Steps[1] Increases[2](See table at p. 3) Increases & new steps 15-25 separated by 2-3 yr. intervals(See table at p. 4)

Y1:  3.36

Y2:  3.64

Bar Registration Fee Full payment on permanent basis
TransitCheks Guaranteed to 1/1/00[3]
Health Benefit Plan Levels Guaranteed to 9/30/00[4]
Lobster Shift (Manhattan CDD) $175/shift increase (eff. 6/1/99)
Junior Attorney Cash Payment $1000 to Steps LG-5[5]

.75

Comp Time for Non-CDD Divisions 5 personal days/year3 vacation days/year buy-back (individual option)

1.1

Other Compound cost of all above

.15

Affirmative Action
Subject Change
Categories Broadens definition of affirmative action from race and gender to include ethnicity, age, sexual orientation and disability.
Goals Endorses ABA goal of reflecting the diversity of the Society’s client population.
Criteria Specifies second language a relevant criteria.
Joint Committee Formalizes broader Joint Affirmative Action Committee composition.
Quality of Representation
Subject Change
Workload Strengthens Union involvement in determining workload provisions of Society’s contracts with funders, hiring workload consultants, and monitoring workload
Continuity Broadens to all divisions the requirement that continuity changes be negotiated with the Union
Training Requires full initial training for new attorneys in basic practice areas of their division
Supervisory Hiring Formally expands Staff Attorney role in hiring decisions to include supervisory positions in all divisions
Computers Guarantees computerization of all offices by June 30, 2000
Quality of Work Life
Subject Change
Flexible Hours Provides reasonable adjustment in work hours due to off-hours work assignments
Part-Time Expands part-time schedules beyond child-care reasons and increases the number of minimum positions available
Bar Passage Establishes 1-year recall rights for third time bar passage
Probation Replaces current, two-part, probationary period with one 8-month period, subject to no more than 2 extensions, with broader grievance rights
Parental Leave Expands paid parental leave to fathers, step-parents and adoptive parents
Bereavement Supplements current bereavement leave with additional 10 days/career for death of those specified in current provision, or for unspecified deaths
Telecommuting Establishes telecommuting, when feasible
Union Activity
Subject Change
Release Time Creates a full-time release position for Union activity (thus reducing upward pressure on ALAA membership dues)
Leave Removes time limit on return from Union leave
Salary Schedule:  First Year (10/1/98 -9/30/99)
Step # of Att’ys On Step 9/30/98 Salary 10/1/98 Salary % Increase $ Increase
LG 76 34,460 35,500 3.0 1040
1 18 34,750 35,800 3.0 1050
2 59 36,250 37,400 3.2 1150
3 48 39,780 41,000 3.1 1220
4 36 44,040 45,350 3.0 1310
5 37 47,620 49,050 3.0 1430
6 35 51,530 52,800 2.5 1270
7 31 53,635 55,000 2.5 1365
8 43 55,713 57,100 2.5 1387
9 33 57,522 59,000 2.6 1478
10 51 61,685 63,250 2.5 1565
11 48 65,390 67,000 2.5 1610
12 54 68,250 70,000 2.6 1750
13 155 71,750 73,550 2.5 1800
Salary Schedule:  Second Year (10/1/99 – 9/30/00)
Step Att’ys On Step 9/30/99 Salary 10/1/99 Salary % Increase $ Increase
LG 35,500 36,750 3.5 1,250
1 76 35,800 37,500 4.7 1,700
2 18 37,400 39,000 4.3 1,600
3 59 41,000 42,100 2.7 1,100
4 48 45,350 46,500 2.5 1,150
5 36 49,050 50,200 2.3 1,150
6 37 52,800 53,900 2.1 1,100
7 35 55,000 56,250 2.2 1,250
8 31 57,100 58,350 2.2 1,250
9 43 59,000 60,250 2.1 1,250
10 33 63,250 64,500 2.0 1,250
11 51 67,000 68,500 2.2 1,500
12 48 70,000 71,500 2.1 1,500
13 64 73,550 75,000 2.0 1,450
15[6] 25 73,550 76,000 3.3 2,450
17 28 73,550 77,000 4.7 3,450
20 20 73,550 78,000 6.1 4,450
22 18 73,550 79,000 7.4 5,450
25 54 73,550 80,000 8.8 6,450

[1]Raises are in addition to annual step increases.

[2]Lump sum retro to 10/1/98, payable prior to 7/1/99.

[3]Negotiated previously, but chargeable to this contract.  Continuance after 1/1/00 subject to negotiations regarding health benefit costs, etc.

[4]Negotiated previously, but chargeable to this contract.

[5]Cash payment is in addition to salary and step increases.  Lump sum payment by 7/1/99 in CDD, CAB, CDU, and by 9/30/99 in Civil, JRD, Volunteer.

[6]Steps 15, 17, 20, 22 & 25 salary levels commence, respectively, 2, 4, 7, 9 and 12 years after a Staff Attorney commences attainment of a step 13 salary level.

1999.05.04: Memorandum of Agreement ALAA Collective Bargaining Agreement 1998-2000

Filed under: Collective Bargaining — nyclaw01 @ 1:47 pm
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Memorandum of Agreement

ALAA Collective Bargaining Agreement

1998-2000

It is hereby agreed by and between the Association of Legal Aid Attorneys/UAW Local 2325 (AFL-CIO)  and The Legal Aid Society that the collective bargaining agreement (CBA) that expired on September 30, 1998 is hereby renewed and extended, as modified herein.

1.         Length.  The term of the CBA will be October 1, 1998 through September 30, 2000, inclusive.

2.         Compensation.

2.1.      Salary Schedule [Replaces Article II(1)(A)-(1)(A)(1)].  Effective October 1, 1998, the Salary Schedule will be set as provided for in Addendum A to this MOA.  Effective October 1, 1999, steps 15-25 will be established and the Salary Schedule set as provided for in Addendum B.

2.2.      One-Time Cash Payment [Added to Article II(1)(A)].  A $1000 one-time cash payment will be paid to each Staff Attorney who was on steps LG-5 as of October 1, 1998 and who remains an employee as of the date of contract ratification; Staff Attorneys who were hired into any of these steps subsequent to October 1, 1998 and prior to contract ratification will receive a pro rata one-time cash payment proportional to that part of the contract year (October 1, 1998-September 30, 1999) during which they were on the eligible steps.  Due to cash-flow considerations, this payment shall be paid by July 1, 1999 to eligible CDD/CAB/CDU Staff Attorneys and by September 30, 1999 to eligible Civil, JRD and Volunteer Staff Attorneys.

2.3.      Compensatory Time.

2.3.1.   Personal Days and Vacation Buy-Back (Non-CDD) [Replaces Article II(3)(B)].  Each Staff Attorney in the Capital Defense Unit, Civil Division, Criminal Appeals Bureau, Federal Defender Division, Juvenile Rights Division and Volunteer Division will receive five [5] personal days per calendar year; such days cannot be cashed-in or carried over from year to year.  Attorneys in these divisions will also have the option of selling back three [3] vacation days per contract year.

 

2.3.2.   Flexible Hours.  The Society will continue to make reasonable adjustments in attorneys’ hours at the workplace, subject to the demands of workload coverage, in consideration of such assignments as night-time tenant or other group meetings concerning clients, jury deliberations, late court time, line-ups, etc.

2.4.      Bar Registration Fee.  The Society will pay Staff Attorney bar registration fees.

2.5.      TransitChek.  TransitChek is guaranteed through January 1, 2000, at which time their continuance will be subject to negotiations between the parties with respect to, inter alia, the cost of health benefits.

2.6.      Lobster Shift (Manhattan CDD) [Modifies Article II(1)(C)].  Effective June 1, 1999, lobster shift pay will be increased by $175/shift.

2.7.      Travel Reimbursement [Add to end of current Article III(9)].  The individual Staff Attorney may elect payment either by car voucher or reimbursement.  Alternative arrangements for travel beyond NYC limits will be discussed with Management on a case-by-case basis.

2.8.      Long-Term Disability.  In order to ensure that long-term disability benefits are paid on a tax-free basis, Staff Attorneys will have the individual option of paying any extra premium for such coverage, provided that this arrangement is cost-neutral to the Society.

3.         Affirmative Action [Modifies Article III(1)].

3.1.      Preamble [To be added to the current language].  The Legal Aid Society will continue to pursue affirmative action and diversity with regard to race, ethnicity, age, gender, sexual orientation and disability and to pursue a truly inclusive workplace where colleagues of diverse backgrounds and lifestyles feel accepted, respected and encouraged to grow professionally.  The Society recognizes that, given the high degree of diversity of its client population, it has a responsibility to continue its affirmative action efforts, in accordance with ABA standards, beyond simply meeting traditional utilization measures for the relevant labor pool.  The Society will also continue to pursue diversity with respect to skills in languages commonly-spoken by the Society’s eligible client population.  Diversity will be considered a relevant criterion in hiring and selection decisions.  The Joint Union-Management Affirmative Action Committee will refine and articulate more specific objectives and strategies through the affirmative action planning process.

3.2.      Joint Committee Composition  [Replaces the first sentence of Article III(B)(2)].  There will be a Joint Union-Management Affirmative Action Committee to which the Society and the Union will each appoint one [1] representative for each division and each CDD borough.

  4.       Hiring [Replaces Article III(2)].  Consistent with the goals and procedures discussed above (“Fair Employment Practices”), each division will establish a joint Union-Management committee to ensure Staff Attorney participation in regard to Staff Attorney and supervisory hiring.

5.         Quality of Representation.

5.1.      Workload.

5.1.1.   Negotiations of Society Contracts.  The Society will, in consultation with the Union, use its best efforts to negotiate for all divisions contracts that provide sufficient resources to handle the workload contemplated, and that further provide for necessary adjustments of resources and/or workload over the term of the contract.

5.1.2.   Monitoring.  The Union will participate with Management in regular monitoring of workload in all divisions, including, but not limited to, monthly counts of Staff Attorneys, caseload, institutional assignments and filings per office.  In some divisions, current technology lacks the necessary capacity to fully maintain this information; the Society will make its best effort to manually maintain the information and to update the technology as soon as practicable.

5.1.3.   Consultants.  The Union will participate in decisions as to whether outside consultant expertise is appropriate to assist in workload and other analysis related to client representation, and in the selection of such consultants when they are to be retained.

5.2.      Continuity [Replaces Article IV(2)(C)].  Divisions other than the Criminal Defense Division shall maintain continuity of representation.  Any modification of continuity must first be negotiated with the Union.

5.3.      Training [Added to Article IV(7)].  Each division shall provide full initial training for new attorneys in the division’s basic practice areas.

5.4.      Computers.  The Society will complete the computerization of all offices by June 30, 2000.

6.         Quality of Work Life.

6.1.      Part-Time Work Schedules [Replaces Article III(7)(“Parental Care Schedules”)].      The Society will provide a flexible work environment, consistent with the Society’s primary obligation to its clients.

6.1.1.   Definition and Workload.  A part‑time schedule shall be any schedule of less than one hundred [100] percent of an ordinary schedule.  A part‑time attorney’s workload will be adjusted in proportion to her schedule.

6.1.2.   Positions.  All Staff Attorneys may apply for a part‑time schedule.  Assuming the necessary demand, there will be a minimum of ten [10] positions in CAB, twenty [20] positions in CDD, five [5] positions in Civil, four [4] positions in Volunteer, ten [10] positions in JRD, and two [2] positions in FDD.  Many part‑time positions in CDD and JRD must be worked in job share teams in order to be feasible from a workflow standpoint.  Part‑time positions in FDD are subject to any applicable Federal requirements.  A Staff Attorney who is working part‑time as a transitional (less than ninety [90] days) accommodation for a disability shall not be counted towards these minimum numbers, although part-time schedules in accommodation of a disability that is expected to last in excess of ninety [90] days would be considered to be part of the division’s minimum allocation.   The Society shall make reasonable efforts, subject to staffing considerations, to grant requests for part‑time schedules above the minimum levels.

6.1.3.   Scheduling and Selection.  A request for a part‑time schedule shall be submitted, to the extent possible, at least ninety [90] days in advance of the intended start date of the schedule.  If the minimum number of positions for that attorney’s division are not filled, the request will be granted and the starting date will be arranged to match the request as closely as possible.  If the minimum number of positions for that attorney’s division are filled, the Society may delay or deny commencement of a part-time schedule due to workload and staffing considerations.  Any necessary delay or denial of a part-time schedule will be accompanied by a written statement of the workload and staffing considerations that are at issue, and the manager’s best estimate of when they can be overcome.  Wherever there is a surplus of outstanding applications, a first preference shall be given to those applicants who will use their non‑work time to be an “at‑home” parent with childcare responsibility during those hours; a second preference shall be given based on seniority.

6.1.4.   Costs.  The Society shall not incur costs that are disproportionate to the Staff Attorney’s reduced schedule.  Part‑time employees whose schedules fall within the eligibility requirements for our various lines of insurance (currently 17.5 hours per week for health coverages and 25 hours per week for long term disability and life insurance) will continue to have access to coverage, but will be required to pay a  percentage of the premium that is equal to their percentage of non‑work time.  While the Society will provide office space to part‑time employees in accordance with current standards to the extent such space is available, increased use of part‑time employees may call for reasonable accommodations in the use of space in order to avoid incurring costs that are disproportionate to part‑time attorneys’ schedules.  Part‑time employees’ advancement on the salary schedule will relate to hours worked in the same way as with periods of unpaid leave.

  6.1.5. Availability and Coverage.  During the non‑work part of the work week, part‑time attorneys will be available for emergencies, court appearances, conferences, or necessary telephone consultations.  If a CDD part‑time attorney works a night or weekend arraignment shift in addition to her regular hours, she will earn a comp day which may accrue and which may be cashed in; if, due to trial or other necessary commitments, a part‑time trial attorney must work more days in the week than the attorney is scheduled to work, the attorney, in consultation with her supervisor, will make adjustments in her future work schedule to restore the balance and/or will have her pay adjusted for the relevant pay period(s) to reflect the work.

6.1.6.   Other Employment.  Other gainful employment or professional activities, except for bar association or Union activities, are prohibited during non‑work hours.

6.1.7.   Return.  Except in JRD, an attorney who received one of the minimum number of part-time positions shall have the right to return to a full‑time schedule on thirty [30] days notice.  All part-time attorneys in JRD, and attorneys holding part-time positions in other divisions above the allocated minimum number may return, subject to budgetary considerations, and in no event later than the starting date of the next available full‑time vacancy following the notice.  If there are more applications to return to full-time status from attorneys in part-time positions above the allocated minimum number than there are available full-time positions, preference for return will be based on seniority, except that all CAB attorneys on part-time schedules as of the ratification date shall have the right to return to a full-time schedule, even if their number is in excess of the division’s allocated minimum.

6.2.      New Attorney Status.

6.2.1.   Bar Passage [Added to end of Article III(B)].  If the law graduate is successful in passing the bar examination on a third attempt, upon admission to the bar she will have recall rights to the job from which she was terminated for one [1] year following her date of termination, subject to hiring needs and conditioned on satisfactory probationary evaluations during her initial tenure.

6.2.2.   Probation [Replaces Article III(3)(A)].  During the first eight [8] months of employment, the employment relationship will be considered probationary and may be terminated upon one [1] month’s notice with a statement of the reason for termination with recourse to the grievance procedure but not to subsequent arbitration.  At the end of four [4], six [6], and eight [8] months of employment, the new attorney must be evaluated by his or her supervisor and receive a written report identifying those areas in which the employee should improve her professional performance.  At the end of eight [8] months of employment, the probationary period will end, unless the supervisor, upon written notice to the attorney, extends probation by another four [4] months.  The notice shall identify the particular reasons for the extension, and where appropriate shall identify the particular areas in need of improvement based on the previous evaluations and then-current concerns.  Extension of the probationary period shall be subject to the grievance procedure, but not to subsequent arbitration. The probationary period may be extended a second time only in extraordinary circumstances, such as the excused absence of the probationary employee for such a lengthy period of time that the supervisor is unable to evaluate her.

6.3       Parental Leave [Added to Article III(4)(D)(2)].  Subject to approval as to its legality, any parent of a newborn or newly‑adopted child/children or a new step parent of a child/children who resides with the Staff Attorney‑parent fifty [50] percent or more of the time, may take up to eight [8] weeks of fully paid parenthood leave in order to care for and establish a relationship with the child/children.  In concept, this leave is provided to assure paid time off during the period immediately following the birth, adoption, etc.  Paid parental leave would therefore precede any vacation, comp. time or unpaid leave that the new parent/step‑parent may wish to take in connection with the birth, or adoption, etc., and would run concurrently with any disability leave—maternity‑related or otherwise—that may be appropriate for either parent during the initial eight [8] week period after the triggering event.  However, recognizing that individual circumstances may vary, the employee(s) may, in consultation with supervisor(s) involved, use the paid parental leave on a different schedule, provided (1) that it cannot extend beyond the first year after the triggering event, and (2) that the total amount of paid time off associated with the commencement of the particular parenting relationship is not increased by the rescheduling.  If both parents are employees of The Legal Aid Society, the total amount of parenthood leave available under this provision remains eight [8] weeks for each birth or adoption, to be allocated between the parents, in consultation with the respective supervisors, as they choose, but otherwise subject to all the provisions of this category of leave.

6.4.      Bereavement [Added Article III(4)(C)].  Each employee shall receive an additional career maximum of ten [10] days of discretionary bereavement leave for the purposes associated with the death of an individual not among the immediate family members listed, or for additional paid time off in association with the death of a listed family member.  These days are to be used exclusively for bereavement purposes and are accrued as follows:  five [5] days at the completion of the first year of employment; five [5] additional days upon completion of the fifth year of employment.  Employees may use up to the amount of discretionary leave accrued at the time of the bereavement.

6.5.      Telecommuting.  Staff Attorneys will, in consultation with their supervisors, be permitted to telecommute to the extent consistent with the nature of their work and other staffing/work needs of the office.  Although it has limited feasibility for many jobs, particularly in trial offices, Management will facilitate telecommuting by lending a limited number of laptop computers for limited time periods; seeking group discount buying/leasing opportunities; and maintaining and expanding the remote access properties of the network.

7.         Union Activity [Replaces Article I(5)].  The Union will have reasonable use of the Society’s internal communication mechanisms and meeting space, one FTE of paid release time for general representational and related duties, and reasonable release time for other Union representatives, and other resources necessary to administer this Agreement.  In addition, two [2] Staff Attorneys may take unpaid leaves for an unlimited duration to serve on Union staff, during which they will be entitled to all benefits (health, disability, etc.) available to other bargaining unit members, at no additional cost to the Society.  Attorneys on Union leave will accrue full seniority for all purposes, including salary, vacation, pension, and leave, and have the right to return to their Society positions at the conclusion of such leave(s).  Current Union staff whose leave had previously expired shall be immediately restored to their status as Society employees on the above terms.

* * *

This agreement is subject to ratification by the ALAA membership.

 

ASSOCIATION OF LEGAL AID ATTORNEYS/UAW LOCAL 2325

 

BY:____________________________                      DA:______________________

Michael Letwin, President

 

THE LEGAL AID SOCIETY

 

 

BY:____________________________                      DA:______________________

Daniel L. Greenberg, President

 

 

 

Addendum A

Salary Schedule:  First Year (10/1/98 -9/30/99)

 

Step

 

Att’ys On Step

 

9/30/98 Salary

 

10/1/98 Salary

 

% Increase

 

$ Increase

 

LG

 

76

 

34,460

 

35,500

 

3.0

 

1040

 

1

 

18

 

34,750

 

35,800

 

3.0

 

1050

 

2

 

59

 

36,250

 

37,400

 

3.2

 

1150

 

3

 

48

 

39,780

 

41,000

 

3.1

 

1220

 

4

 

36

 

44,040

 

45,350

 

3.0

 

1310

 

5

 

37

 

47,620

 

49,050

 

3.0

 

1430

 

6

 

35

 

51,530

 

52,800

 

2.5

 

1270

 

7

 

31

 

53,635

 

55,000

 

2.5

 

1365

 

8

 

43

 

55,713

 

57,100

 

2.5

 

1387

 

9

 

33

 

57,522

 

59,000

 

2.6

 

1478

 

10

 

51

 

61,685

 

63,250

 

2.5

 

1565

 

11

 

48

 

65,390

 

67,000

 

2.5

 

1610

 

12

 

54

 

68,250

 

70,000

 

2.6

 

1750

 

13

 

155

 

71,750

 

73,550

 

2.5

 

1800

 

 

 Addendum B

Salary Schedule:  Second Year (10/1/99 – 9/30/00)

 

Step

 

Att’ys On Step

 

9/30/99 Salary

 

10/1/99 Salary

 

% Increase

 

$ Increase

 

LG

 

 

 

35,500

 

36,750

 

3.5

 

1,250

 

1

 

76

 

35,800

 

37,500

 

4.7

 

1,700

 

2

 

18

 

37,400

 

39,000

 

4.3

 

1,600

 

3

 

59

 

41,000

 

42,100

 

2.7

 

1,100

 

4

 

48

 

45,350

 

46,500

 

2.5

 

1,150

 

5

 

36

 

49,050

 

50,200

 

2.3

 

1,150

 

6

 

37

 

52,800

 

53,900

 

2.1

 

1,100

 

7

 

35

 

55,000

 

56,250

 

2.2

 

1,250

 

8

 

31

 

57,100

 

58,350

 

2.2

 

1,250

 

9

 

43

 

59,000

 

60,250

 

2.1

 

1,250

 

10

 

33

 

63,250

 

64,500

 

2.0

 

1,250

 

11

 

51

 

67,000

 

68,500

 

2.2

 

1,500

 

12

 

48

 

70,000

 

71,500

 

2.1

 

1,500

 

13

 

64

 

73,550

 

75,000

 

2.0

 

1,450

 

15[1]

 

25

 

73,550

 

76,000

 

3.3

 

2,450

 

17

 

28

 

73,550

 

77,000

 

4.7

 

3,450

 

20

 

20

 

73,550

 

78,000

 

6.1

 

4,450

 

22

 

18

 

73,550

 

79,000

 

7.4

 

5,450

 

25

 

54

 

73,550

 

80,000

 

8.8

 

6,450

 

 


     [1]Steps 15, 17, 20, 22 & 25 salary levels commence, respectively, 2, 4, 7, 9 and 12 years after a Staff Attorney commences attainment of a step 13 salary level.

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