[Original format: MOA 00-02 Final]
Memorandum of Agreement
ALAA Collective Bargaining Agreement
2000-2002
It is hereby agreed by and between the Association of Legal Aid Attorneys/UAW 2325 (AFL-CIO) and The Legal Aid Society that the collective bargaining agreement (CBA) that expired on September 30, 2000 is hereby renewed and extended, as modified herein.
1. Length. The term of the CBA will be October 1, 2000 through September 30, 2002, inclusive.
2. Compensation.
2.1. Basic Salary Schedule. The Salary Schedule will be set as provided for in Appendix 1 of this MOA.
2.2. Supplemental Salary Increases. Both ALAA and the LAS recognize and support a goal that staff attorneys receive total compensation which is comparable to that received by ADAs in Bronx, Brooklyn, New York and Queens Counties and that, due to the lack of sufficient funding, the economic terms contained herein narrows, but does not close, the comparability gap between the two groups. It is also recognized that LAS may receive funding increase(s) during the term of this contract which would allow it to narrow or close this gap. To that end, the parties agree that should the LAS receive, during the term of this contract, a funding increase sufficient to further narrow or close the comparability gap, the parties will, immediately upon learning of such increase, undertake to ascertain the four-boro average of total compensation received by non-managerial ADAs at yearly levels of service. After ascertaining such ADA compensation, the LAS agrees to pay staff attorneys as close to comparable total compensation as such additional funding allows.
2.3. TransitCheks. Effective July 1, 2001, TransitCheks in the amount of $180 per quarter will be provided to all active full-time Staff Attorneys (part-time staff will receive a pro-rated share). In addition, effective January 1, 2002, each Staff Attorney will have the individual option to use pre-tax compensation to purchase additional TransitCheks as administratively practical within the maximum amount allowed by law.
2.3. Vacation Buy-Back. Each Staff Attorney in the Capital Division, Civil Division, Criminal Appeals Bureau, Federal Defender Division, Juvenile Rights Division, Volunteer Division, and Special Litigation Unit of the Criminal Defense Division will have the option of selling back five [5] vacation days per contract year, to be paid at the rate in effect on June 30.
2.4. Pension. The Society will, no later than seven [7] months from the close of the respective semiannual evaluation period, contribute 6.5% of covered salary, as defined in the Pension Trust Agreement and Pension Plan, to the Legal Aid Society Staff Attorney Pension Plan. Actual out-of-pocket expenses for legal counsel (not to exceed $50,000 per Plan year), consultants, accountants or others retained by the Plan will be payable from the Society’s contributions.
2.5. Travel Reimbursement. Staff Attorneys in all divisions leaving evening and/or night institutional assignments will be fully reimbursed for taxi fare within the five NYC boroughs. Managers will approve taxi fare beyond NYC limits on a case-by-case basis.
2.6. Meal Allowance. Staff Attorneys in all divisions will receive a meal allowance of $8.75 for performing mandatory work assignments that extend five [5] or more hours beyond the scheduled workday.
2.7. Foreign Language Classes. The Society will maintain a $25,000 fund to reimburse individual Staff Attorneys a maximum of $500 annually for the cost of foreign language classes relevant to Legal Aid work.
2.8. Health Benefits.
2.8.1. Retirees. Effective July 1, 2002, a Medicare supplement with prescription drug rider will be provided to Staff Attorneys who: (1) retire on or after July 1, 2002; (2) have been employed by The Legal Aid Society for 25 years or more[1]; and (3) who will at retirement have reached age 65.
2.8.2. Oral Contraceptives. Effective January 1, 2002, Staff Attorney health coverage will include oral contraceptives.
2.8.3. Dental. Effective January 1, 2002, maximum dental benefits will be increased to $1500 per year.
2.8.4. Vision. Effective January 1, 2002, vision benefits will be increased as detailed in Appendix 2.
2.9. Long-Term Disability. The maximum annual benefit for Staff Attorneys who go on long-term disability on or after January 1, 2002 will be increased to 60% of $80,000.
2.10. Supplemental Life Insurance. On or before January 1, 2002, Staff Attorneys will have the individual option to purchase the supplemental life insurance described in Appendix 3.
3. Time-Off.
3.1. Parental Leave. Section 6.3 of the Memorandum of Agreement 1998-2000, which pertains to Article III(4)(d)(2) of the Collective Bargaining Agreement 1994-1998, shall be amended as follows: 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 more than fifty [50] percent of the time, may take up to eight [8] weeks (40 days, exclusive of paid holidays) of paid parental 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, exclusive of paid holidays. 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 that (1) it cannot extend beyond the first year after the triggering event; and (2) the total amount of paid time off associated with the commencement of the particular parenting relationship is not increased by the rescheduling.
3.2. Part-time Work Schedules.
3.2.1. Salary. Effective September 1, 2001, part‑time employees will advance annually on the salary schedule.
3.2.2. Job Sharing. Staff Attorneys who job share will have the individual option to work more than 50% paid time, subject to prior Management approval.
3.3. Private Practice. Staff Attorneys on sabbatical leave may engage in the practice of law when it does not present a legal or funding conflict with the Society, subject to case-specific prior Management approval.
4. Quality of Representation.
4.1. Workload Standards. Within six [6] months of this agreement, standing joint Union-Management workload committees in each division will set provisional guidelines, subject to ongoing revision and refinement, for maximum individual attorney workload consistent with high-quality representation for each LAS client. Where that guideline is exceeded, the attorney will be relieved through such steps as reduced intake, case transfer, and/or other appropriate measures.
4.2. Felony Certification. [Add to end of existing language (Article IV(7)(D), at 23)]: Felony-certification will not be revoked because of an attorney’s transfer to another office or borough. [Add new subdivision (2) to Article IV(7)(D), at page 23.]: A joint Union-Management Committee in the Criminal Defense Division will develop felony certification standards.
4.3. Oversight Committee Reports. Whenever feasible, Management will solicit the Union’s views regarding submission of narrative reports for funders or other oversight bodies concerning Legal Aid performance under its contracts.
* * *
This agreement is subject to ALAA membership ratification.
ASSOCIATION OF LEGAL AID ATTORNEYS/UAW 2325
BY: /s/___________________________DA: November 14, 2001
Michael Letwin, President
THE LEGAL AID SOCIETY
BY: /s/____________________________ DA: November 14, 2001
Daniel L. Greenberg, President
Appendix 1: Salary Chart
(New Steps in Bold)
| Step |
# Attys[2] |
Current |
Y1: 10/1/00 |
Y2: 10/1/01 |
Over 3% in Y2 by |
| LG |
15 |
36,750 |
37,853 |
41,200 |
2,211 |
| 1 |
17 |
37,500 |
38,625 |
41,973 |
2,189 |
| 2 |
39 |
39,000 |
40,170 |
43,260 |
1,885 |
| 3 |
75 |
42,100 |
43,363 |
45,320 |
656 |
| 4 |
46 |
46,500 |
47,895 |
49,332 |
— |
| 5 |
42 |
50,200 |
51,706 |
53,257 |
— |
| 6 |
33 |
53,900 |
55,517 |
57,183 |
— |
| 7 |
29 |
56,250 |
57,938 |
59,676 |
— |
| 8 |
36 |
58,350 |
60,101 |
61,904 |
— |
| 9 |
30 |
60,250 |
62,058 |
63,920 |
— |
| 10 |
29 |
64,500 |
66,435 |
68,428 |
— |
| 11 |
37 |
68,500 |
70,555 |
72,672 |
— |
| 12 |
45 |
71,500 |
73,645 |
75,854 |
— |
| 13 |
69 |
75,000 |
77,250 |
80,000 |
432 |
| 14 |
— |
— |
— |
80,500 |
932 |
| 15 |
60 |
76,000 |
78,280 |
81,000 |
372 |
| 16 |
— |
— |
— |
81,500 |
872 |
| 17 |
46 |
77,000 |
79,310 |
82,000 |
311 |
| 18 |
— |
— |
— |
82,500 |
811 |
| 19 |
— |
— |
— |
83,000 |
1,311 |
| 20 |
12 |
78,000 |
80,340 |
83,500 |
750 |
| 21 |
— |
— |
— |
84,000 |
1,250 |
| 22 |
5 |
79,000 |
81,370 |
84,500 |
689 |
| 23 |
— |
— |
— |
85,000 |
1,189 |
| 24 |
— |
— |
— |
85,500 |
1,689 |
| 25 |
57 |
80,000 |
82,400 |
86,000 |
1,128 |
Appendix 2: Vision
The Legal Aid Society
Vision Care Benefits
Carrier: Spectera
Effective Date: January 1, 2002
Frequency of Services: Exam every 12 months
Lenses every 12 months
Frames every 24 months
12- or 24-month benefit is measured from last date of service
In-Network Benefits:
Co-payments: $10 toward examination
$20 toward materials (lenses and/or frame)
After the material co-payment, lenses are 100% covered every 12 months. After the material co-payment, frames within the Spectera selection or allowance are 100% covered every 24 months.
In lieu of lenses and a frame, you may select contact lenses. Four boxes (12 pairs) of covered disposables are included in the materials co-payment when obtained from a network provider.
Should you choose patient options not covered by the Spectera program, such as tints, progressive lenses, scratch, UV, and anti-reflective coating, you will be able to purchase these options at a significant discount.
Spectera participants receive access to discounted refractive eye surgery procedures from numerous provider locations throughout the United States.
Out-of-Network Reimbursements:
Examination: $35
Single Vision Lenses: $25
Bifocal Lenses: $40
Trifocal Lenses: $55
Lenticular Lenses: $120
Frames:$45
Elective Contact Lenses: $105 (in lieu of spectacle lenses and a frame)
Necessary Lenses: $220
Appendix 3: Supplemental Life
The Legal Aid Society
Supplemental Life Insurance
Carrier: MetLife
Effective Date: January 1, 2002
Plan Design: Increments of $25,000
Plan Maximum: $375,000
MEOI (Medical Evidence of Insurability) Level: $200,000
Rates for calendar year based on age at January 1
Rates and plan design contingent on 25% enrollment
Plan is fully portable upon termination of employement
Monthly Rate
Monthly Rate per $25,000
Age at Jan 1 per $1,000___ (rate per $1,000 x 25)
<25 $.06 $1.50
25-29 $.06 $1.50
30-34 $.09 $2.25
35-39 $.11 $2.75
40-44 $.13 $3.25
45-49 $.20 $5.00
50-54 $.34 $8.50
55-59 $.62 $15.50
60-64 $.78 $19.50
65-69 $1.30 $32.50
70-74 $2.11 $52.75
[1]Time spent on long-term disability will be included in determining this period.
[2]Head count at 6/22/01 (excludes FDD).
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