IMPROPER PRACTICE CHARGE REGARDING OUTSIDE EMPLOYMENT

"OUTSIDE EMPLOYMENT" IMPROPER PRACTICE CHARGE - STIPULATION OF SETTLEMENT

CSEA and UCS have signed a Stipulation of Settlement with regard to the Improper Practice Charge that CSEA filed as a result of a change to the policy regarding outside employment for UCS employees.

UCS changed their policy to state that every employee must receive permission from their supervisor before engaging in outside employment, with no oversight from UCS or any chance to appeal a supervisor's decision if the request was denied.  It also stated that all Peace Officers and Court Clerks assigned to the Appellate Division, First Department and Second Departments must abide by the 2005 Off-Duty Employment Policy for Peace Officers.

The Stipulation of Settlement states that Court Clerks assigned to the Appellate Division First and Second Departments do not have to abide by the Peace Officer Off-Duty Employment Policy and any CSEA-represented employee who is not a Peace Officer whose request to work outside employment is denied by their supervisor shall have the right to appeal this decision to a three-member panel consisting of one representative from CSEA, one representative from UCS, and a Neutral Referee to be agreed upon by both parties.

Appeals will be made by submitting an Appeal Form (to be established) within ten workdays of receiving notice that their request was denied to the UCS Panel Coordinator who will also serve as the UCS panel representative.  We have not yet been notified who that will be.  Upon receipt of the Appeal Form, the Coordinator will acknowledge receipt in writing and forward it to the neutral referee and CSEA Representative.  The Panel shall hold a review meeting within 20 workdays after receipt or as soon thereafter as practicable.  The Panel will issue a written decision no later than 10 workdays after the close of its review or as soon thereafter as practicable.

The Panel's jurisdiction shall be limited solely to determining if the type and nature of work the employee is requesting to obtain is restricted under the UCS outside employment policy.  The Panel's award is limited to a written decision either denying or sustaining the appeal.  They do not have the authority to award any monetary or equitable relief, and their decision is final and binding and not reviewable in any forum.

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