Wherever you are in your professional career at SUNY, it is important for you to keep track of the accruals you have earned. The old saying that “time is money” applies when it comes to your accruals.

Professional members of UUP earn vacation and sick accruals at a rate based on years of service, up to seven years. After seven years, you earn 1.75 days per month for vacation and 1.75 days per month for sick leave. Holiday compensatory time is earned after you actually work the holiday. For Thanksgiving and Christmas, you earn 1.5 days of comp time. For all other holidays, you earn one day of comp time. You must work the holiday to earn the comp time. Refer to Article 23–Leaves in the 2007-2011 Agreement Between the State of New York and United University Professions to see the rates at which you earn these accruals.

Compensatory time for those who are non-exempt (overtime eligible) under the Fair Labor Standards Act (FLSA) is earned at 1.5 times your normal rate after you have worked 40 hours in a work week. This type of compensatory time (overtime) is accrued up to 240 hours.

Compensatory time for those who are exempt (not overtime eligible) can earn it for services exceeding their normal professional obligation. It is not hour for hour. What you earn for the extra work should be discussed with your immediate supervisor before doing the work. This type of comp time can be found in Appendix A-29 of the Agreement.

If you have questions about which category you fall under, you should contact your UUP chapter for help.

As you accrue time, it is important to understand how you can get the most out of the days you have earned without losing any earned accruals.

VACATION TIME

Vacation can be accrued to more than 40 days in a year. However, if you have more than 40 days on Dec. 31 of any given year, you will lose all but 40 days effective Jan. 1. Therefore, it is important to keep your vacation accruals at 40 days or fewer by the end of each calendar year. When you decide to leave SUNY, you will be paid for the unused expenditure at the rate you are earning at that time, up to a maximum of 30 days of vacation accruals. Simply put: If you have 40 days in your vacation bank and leave state service, you will lose 10 days of pay.

SICK LEAVE

Your sick day accruals can be earned up to a maximum of 200 days. This can be a great benefit when you retire because those days will be converted to a dollar amount based on your salary when you retire. You must retire after the age of 55 to get this benefit. The days turn into dollars that will be used to pay for your portion of your health insurance premium. That can be a significant savings in retirement. If you retire before age 55, you will lose this benefit and, with it, all of the sick days you accrued.

HOLIDAY COMP TIME

Holiday comp time must be used within one year of accrual or is lost. When you separate from SUNY service, you will lose all of your earned but unused holiday comp time. So, if you have five holiday days accrued and leave, you will lose the five holiday days.

COMP TIME

Comp time can be trickier, based on your exempt or non-exempt status. For those who are exempt, I recommend you arrange for the use of the comp time you earn as soon as you can after earning it. No matter how much comp time you have earned under this category, SUNY has no obligation to compensate you for any of it when you leave state service.

If you are non-exempt and have accrued compensatory time in your overtime bank, you will receive pay for every hour of it based on your salary when you leave. For example, if you have an annual salary of $50,000 and 240 hours in your overtime comp time bank, you can walk away with close to $6,000.

The different types of accruals you earn have short-term and long-term values throughout your career and when you decide to leave SUNY. So, make sure you use your accruals wisely to maximize your benefits. Remember, “time is money.”

Feel free to call me at (800) 342-4206 or e-mail me at jmarino@uupmail.org.

This is the time of year that always reminds me that it is the beginning of the work year. The kids go back to school and summer vacations are over; it’s a new beginning. It is also a good time to make sure that all of your documents are in place and accurate.

Here are a few things I recommend you consider as you start the new work year:

• Review your appointment letter to make sure it is accurate.

Of course, you should do this when you first receive it, but it’s always a good idea to double check. Mistakes in job titles, appointment types and dates can—and do—happen, and may be missed the first time around. If you were promoted during the year, make sure the changes in title and salary level (SL) rank are correct.

If you have any questions about it, ask your UUP chapter for help.

• Make an appointment with Human Resources to review your personnel file.

This exercise is often overlooked by members, but it is important to check your file and make sure that you are comfortable with its contents.

Sometimes documents are included that you are unaware of, and sometimes there are items that are missing from your personnel file. If you review the contents of your file every year, it is far less likely that things will fall through the cracks. And, if they should, you will have a better chance of noticing and correcting it.

• Review your performance program to make sure you are performing the duties that were outlined for you during the current period.

If you are having difficulties with any of your duties and responsibilities, you should speak to your supervisor and ask for help or training, if needed.

UUP members sometimes agree to duties and responsibilities at the beginning of the year, only to find out they’ve “bitten off more than they can chew.” It’s important to have an open dialogue with your immediate supervisor.

If your performance program is overly ambitious, you may need to have it adjusted. It is vital that you are able to do all of your duties well. Remember, you will be evaluated on what is in your performance program.

• Consider if it’s time to ask for a promotion or salary increase.

Once you’ve reviewed your appointment letter, personnel file and performance program—and found everything in order—it may be time to consider asking for a promotion or raise.

If your personnel file contains some “good job” letters or otherwise proves that you’ve advanced in your career, and your performance program and evaluations also show you have become an asset to the college, why not ask for a promotion or salary increase?

UUP has prepared a booklet to help guide you through the process, left.

The guide is easily accessible on our website at www.uupinfo.org. Click on “Reports/Guides” on the left-hand toolbar and you’ll find the easy-to-understand guide in a PDF format.

You can also stop by your chapter office to pick up a paper copy. While you’re there, feel free to ask your chapter leaders for additional help.

You can also contact me at UUP?headquarters at (518) 640-6600 or by e-mail at jmarino@uupmail.org.

I was at an event for my daughter a few weeks ago and had an opportunity to speak with another parent about what’s been going on in Albany. We agreed that the state is in a financial mess and that our government leaders do everything except lead. The conversation quickly turned sour when he said the biggest problem is public employees. I was told that we are overpaid and underworked, our benefits and our pensions are too generous, and we have it better than our private-sector counterparts. Then he attacked our unions: Unions aren’t sacrificing like everyone else and they protect bad employees.

I wish I had a camera when I told him I was an officer in a public employees union and a state worker. Priceless!

When it was my turn to respond, I said: First of all, we do work hard. Public workers teach our kids, take care of the sick, put out fires, protect our families and property, fix our roads, take us to the hospital, pull us from car wrecks, protect our environment, and so on.

As for being paid too much, I reminded him that we also pay taxes and generally our salaries are lower than private-sector salaries for the same work. The lower salaries are offset by the deferred compensation (pension) we receive. I also said salaries need to be fairly competitive, otherwise no one would want to work in the public sector. Sure, we have good benefits, but shouldn’t everyone have access to quality health care? Instead of beating up public workers for what they have, we should work together so everyone can have equitable salaries and quality health care.

I went on to tell him that even though his workplace isn’t unionized, the benefits he enjoys are directly related to unions. Employers know they have to give their employees some of the benefits in order to keep them from unionizing. I reminded him that management can unilaterally take away any or all of his benefits if he doesn’t have a union contract. Maybe organizing is the answer and not the problem. With a union, he and his working sisters and brothers can negotiate better terms and conditions of employment. After all, that’s what unions do.

Here’s what I asked him:

Do you like having weekends off? Thank the unions.

Do you like a 40-hour workweek? Thank the unions.

Do you like overtime? Thank the unions.

Do you like the eight-hour workday? Thank the unions.

Do you like paid vacation and sick days? Thank the unions.

Do you like safe working conditions? Thank the unions.

Do you like paid holidays? Thank the unions.

Do you like health insurance? Thank the unions.

I’m growing tired of the argument that unions protect bad employees. Unions guarantee due process, not lifetime job security. Workers are sometimes targeted for dismissal for no other reason than their boss doesn’t like them. Shouldn’t they have a chance to argue their side, rather than face immediate dismissal at the whim of their managers?

I’m also tired of hearing how public employees should share in the pain. Public employees are not responsible for the economic downturn. Wall Street is. Yet, public employees are continually threatened with givebacks, furloughs, lag pay and layoffs. We have become the scapegoats for the bad economy.

I’m not sure if I changed his mind about public employees and their unions, but it sure felt good to state our case. Enough is enough. We must tell people that we, as public employees, are important to the health and well being of the state and its citizens.

A few weeks ago, a member asked me why I got involved in the union. I gave a pretty quick answer: Because it was important to me. We had a long conversation after that, and I’d like to share it with you.

Before I came to SUNY, I worked in a non-union hospital on Long Island. I did my job well and got promoted along the way. Every year, my colleagues and I would wonder what kind of cost-of-living increase we would get. It was anyone’s guess, since the decision was entirely up to management.

One year, our director called a meeting to let us know how much of an increase we were going to get. He proudly announced that we would see a raise of between zero and 1 percent. Me being me, I responded by saying: “Are you kidding? There isn’t much between zero and 1 percent!”

A few years later, I had the opportunity to work at Stony Brook HSC. My first day on the job, I found out there was a union and I wanted to get involved right away. The idea that I could have a say at work was exciting. However, there were some bumps along the way. When I asked someone about getting involved, he told me it wasn’t a good idea until I achieved permanent appointment. I was also told that getting involved in the union would not be viewed as a positive by my supervisor. Another co-worker said UUP was an “academic” union and didn’t care about our issues. When I asked about performance programs, I was told they don’t mean anything. When I asked about promotions, I was told that doesn’t happen here.

We had someone in the department who was the union “guru” and everyone went to him for advice. The problem was, he was really a source of misinformation.

After about three years, I’d had enough of the negativity, bad advice and misinformation. I decided to find out for myself what the union was all about. I got involved and ran for delegate, long before I had permanent appointment. I met people who gave the right advice and who taught me things I needed to know.

Here are some of the things I found out: The perception that UUP is only an academic union is untrue. Professionals have an equal say in everything—but we must speak up. Speak for yourself because no one can say it better than you. UUP is your union. You own it and your voice counts.

I also learned the importance of a performance program. It kept my work in check, which led to satisfactory evaluations. I used it to get promotions and salary increases. I used it as a tool to get permanent appointment by showing career growth and my value to the university.

It was also untrue that union involvement was not seen as a positive by management. It may have taken a while, but my supervisor eventually realized that using the contract the way it is intended made things run smoothly. I ended up being a valuable resource for him.

I’m not saying everything was always rosy. There were times I was frustrated and I made some mistakes. But that was not the union’s fault, it was mine.

The most important thing I learned was that I was not an island. There were many UUPers who wanted to help me succeed. I also realized that I had a responsibility to myself to seek the right answer, to speak up and try to change things for the better.

I still don’t know everything, but I do know how to find the answers I need—and that’s what’s important. As vice president for professionals, my goal is to ensure you don’t make the same mistakes I did.

Why should you get involved in the union? Because it’s important to you.

Were you ever confronted by a bully in school? Have your children ever come home from school crying because of the taunting they received at the hands of a bully? I’ve had experience with both. When I was in school, a bully slugged me in the face. I got over being hit pretty quick, but I found the verbal abuse much more hurtful and lasting. I was absolutely heartbroken when my 6-year-old son was being picked on. I found myself confronting the bully’s father on the soccer field. Thankfully, the father was completely understanding and the boys became good friends.

Unfortunately, bullying is not confined to the schoolyard. It is a problem in the workplace as well. Finally, people are starting to talk about it, understand it and do something about it.

When I was confronted by bullies in the workplace, I started to believe that I was the problem. It was different from my experiences in the schoolyard—it seems bullies have become more sophisticated with age. They no longer punch someone because they understand it could get them in trouble. Now, bullies more often than not use psychological methods of attack.

Bullying encompasses a broad range of abusive conduct: false accusations of mistakes, yelling and screaming, exclusion, the silent treatment, withholding information, behind the back sabotage and defamation.

When I was being bullied, I came to believe that I could do nothing right. Unbeknownst to me, my work was being sabotaged. And, whenever I failed, the bully was always there to point it out to others. I also endured verbal intimidation (always in front of others), as well as the silent treatment. Frankly, after a while I was happy to get the silent treatment because I didn’t have to deal with the person.

But dealing with this kind of treatment can take its toll not only on your work life, but your personal life as well. I had trouble sleeping, was cranky and depressed, and thought I was losing my mind. Throughout this ordeal, I didn’t want to go to work. I was afraid to seek help because I thought no one would believe me and that I would be seen as the problem.

I’m sure I’m not the only one who has experienced this type of behavior, and I’m not looking for a “poor John” response. What I do hope to accomplish is to raise some awareness about the problem.

There are ways to handle it. First, you must continue to do the best job possible because bullies are hoping to prove you’re incompetent. I kept a diary of what transpired: dates, times, what was said, who said it and witnesses, if any. At the very least, I was able to determine two things:

1) I was not the total problem, and 2) I was able to show how I was trying to do my job despite the roadblocks put in my way.

If this is happening to you, I encourage you to seek help. Your UUP chapter is a great place to start. Chapters have UUP/NYSUT labor relations specialists to conduct workshops on this subject and are making their members aware of this issue. Chapter leaders are also working with management to get their commitment that this type of behavior will not be tolerated in the workplace.

One issue that is facing our professional members is the need to have them provide services to the University after completion of their professional obligations; specifically, being on-call.

“On-call” is defined as being required to be available to return to work within a reasonable period of time after completing the professional obligation and having left the work station. A limited number of employees are assigned on-call status on a rotating basis. Their movements are restricted and they remain on-call and available for immediate recall. Carrying a pager, cell phone or any other communication device does not qualify as on-call, unless a member is obliged to respond and return to work. Carrying any of these devices during a normal professional obligation also does not fit the definition.

According to the 2007-2011 contract between UUP and New York state, UUP has a mutual understanding with management that employees in the Appendix A-16 list of titles and services are eligible for on-call and recall pay as provided in sections 20.16 and 20.17. Also, upon mutual agreement between the state and UUP, changes may be made to the titles on the list. The union is restricted, however, to those employees who support patient care.

On-call—as a way of providing services during off-hours—is very common in the health care industry. In some cases it is part of a member’s job. Doctors and high-level administrators are frequently on-call as a part of their normal duties.

What about those members who do not work in a hospital or whose titles are not on the list, but are required to be on-call? 

Members who are told they will be on-call in the future should insist that it be made part of their performance program and that they receive a salary increase for this “permanent, significant increase in duties and responsibilities.”

Members who are already on-call should discuss, with supervisors and chapter leaders, how to work out recognition for their on-call obligations through a salary increase. Employees can—and do—get compensated for on-call by salary increases, even when their titles are not included on the on-call list.

Let’s face it: In this world of technology, it is increasingly common to have work extend into our personal time. It may seem like no big deal at first, but it can easily be abused. The only recourse a member has is to insist on getting some type of compensation for this increase in duties.

Our long-term goal is to have all UUP members who participate in on-call duties compensated as outlined in the contract. In the meantime, members who believe they are eligible for on-call pay should contact their UUP chapter.

Taxes are always a hot button issue, and at UUP’s 2009 Winter Delegate Assembly, our delegates unanimously supported a progressive tax increase as the fairest way to share the pain of the current economic downturn. I was asked to take up the issue on behalf of the union.

I was happy to go around the state to make the case for a progressive tax system and the increased tax revenues it would yield to ensure the state’s stability. Of course, this is only half the battle. Now that the Fair Tax Act has been passed, we need to make sure we get our fair share. We must make sure the additional state revenues it will raise will help protect our students’ access to the high-quality public higher education that SUNY provides.

According to most polls, more than 65 percent of people making $250,000 or more supported raising their own taxes through a progressive income tax. Our state affiliate NYSUT, along with other state unions and even groups of economists, pushed for fair tax legislation. Therefore, it is no surprise that a progressive tax increase was part of the solution to the state’s current economic crisis.

So why am I writing a column about our progressive tax agenda? It is not to tout a victory or even to thank those who worked so hard to see the legislation passed, although those are laudatory goals. By passing the Fair Tax Act, it is estimated that $4 billion will be raised this year in additional state revenue and even more next year. But at the end of the third year, the fair tax program is set to sunset. That’s exactly the same time when the federal stimulus funding runs out.  New York state will be back in financial trouble once again.

We need to start now to put stability back into our tax system and, in turn, help to ensure SUNY’s future stability. To do that, we need to make the fair tax system permanent. Over the last 30 years, the state has repeatedly continued a negative cycle by lowering tax rates and making our system less progressive, only to find time after time that rates must be raised if minimum levels of services are to be provided. Then, during each of these cycles as the state runs out of funds, SUNY tuition is raised to fill holes in the general fund portion of the state budget. Businesses make

future plans based on these lower, unsustainable rates, only to find that rates must go up and they are not prepared for the new fiscal environment.  Counties and homeowners expect a certain level of services from the state and set property tax rates to pay for their share of these programs, only to find state funds lacking and their sole recourse is to raise the regressive property tax.

Like homeowners and businesses, parents and students will be better off with a rational tax system with permanent progressive tax rates which stops these “boom and bust” cycles.  Over time, everyone will be better off with these higher tax rates because we can make better predictions about government services and costs which will lead to better decisions and higher economic growth. 

Above are the talking points we used to help persuade the Legislature to pass the Fair Tax Act. We need to take them up again and ask our legislators to make the progressive rates permanent before we find ourselves back in financial crisis with the cycle staring again. Our students and campuses and all New Yorkers deserve better.

— UUP Vice President for Academics Fred Floss