---
contract_id: dc9-l1969-painters-consent-determination-2021-2026
label: "DC9 L1969 Painters Consent Determination, 2021-2026"
expanded_label: "District Council 9 of the Painters (DC9) — L1969 Painters Consent Determination, 2021-2026"
term_start: 2021
term_end: 2026
source_pdf: "https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/det-painter-2021-2026.pdf"
pages: 36
ocr_pages: 31
pages_with_tables: 0
clauses: 52
sector: "skilled-trades"
---

# District Council 9 of the Painters (DC9) — L1969 Painters Consent Determination, 2021-2026

**Term:** 2021–2026  
**Source PDF:** [https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/det-painter-2021-2026.pdf](https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/det-painter-2021-2026.pdf)  
**Pages:** 36 (31 OCR-reconstructed)  
**Clauses extracted:** 52

**Workforce:** DC9 L1969 Painters Consent Determination, 2021-2026 — see contract for the full recognition clause defining covered titles.

> This Markdown export is derived from the source PDF via `pdfplumber` text extraction with `ocrmac` (macOS Vision) OCR fallback for image-only pages. Tables were detected and rendered as pipe-delimited Markdown so column boundaries survive. Pages flagged `OCR` were reconstructed from page images and may contain minor character recognition errors — verify quotations against the source PDF before publishing.

---

## Contents

- [THE COMPTROLLER OF THE CITY OF NEW YORK](#the-comptroller-of-the-city-of-new-york-p1)
- [NOTICE](#notice-p1)
- [FILING](#filing-p1)
- [RENEE CAMPION](#renee-campion-p2)
- [JOSEPH AZZOPARDI](#joseph-azzopardi-p2)
- [BEFORE THE COMPTROLLER OF THE CITY OF NEW YORK](#before-the-comptroller-of-the-city-of-new-york-p3)
- [CONSENT DETERMINATION](#consent-determination-p3)
- [HOURLY RATES](#hourly-rates-p4)
- [Section 1 — of Appendix A annexed hereto shall be modified as follows:](#section-1-of-appendix-a-annexed-hereto-shall-be-modified-as--p8)
- [RENEE CAMPION JOSEPH AZZOPARDI](#renee-campion-joseph-azzopardi-p12)
- [BRAD LANDER](#brad-lander-p12)
- [GENERAL RELEASE AND WAIVER](#general-release-and-waiver-p13)
- [Section 220 — of the Labor Law (L. 1967,c. 502, Section 1).](#section-220-of-the-labor-law-l-1967-c-502-section-1-p13)
- [Section 220 — of the Labor Law from June 25, 2021 to July 24, 2026 except as expressly](#section-220-of-the-labor-law-from-june-25-2021-to-july-24-20-p13)
- [IN THE EVENT OF ANY INCONSISTENCY BETWEEN APPENDIX A AND](#in-the-event-of-any-inconsistency-between-appendix-a-and-p21)
- [APPENDIX A](#appendix-a-p21)
- [Section 2](#section-2-p21)
- [CATEGORY](#category-p21)
- [ANNUAL LEAVE ALLOWANCE](#annual-leave-allowance-p21)
- [MONTHLY ACCRUAL](#monthly-accrual-p21)
- [Section 3](#section-3-p21)
- [Section 4](#section-4-p21)
- [Section 5](#section-5-p22)
- [Section 6](#section-6-p22)
- [Section 7](#section-7-p23)
- [Section 8](#section-8-p23)
- [Section 2](#section-2-p23)
- [Section 10](#section-10-p23)
- [Section 1](#section-1-p24)
- [Section 2](#section-2-p24)
- [Section 3](#section-3-p24)
- [Section 4](#section-4-p24)
- [Section 5](#section-5-p25)
- [Section 6](#section-6-p25)
- [Section 1](#section-1-p25)
- [Section 2](#section-2-p26)
- [Section 3](#section-3-p26)
- [Section 1](#section-1-p26)
- [Section 2](#section-2-p26)
- [Section 3](#section-3-p27)
- [Section 1](#section-1-p27)
- [Section 2](#section-2-p27)
- [Section 4](#section-4-p27)
- [Section 1](#section-1-p27)
- [Section 2](#section-2-p28)
- [Section 3](#section-3-p28)
- [Section 1](#section-1-p29)
- [OFFICE OF LABOR RELATIONS](#office-of-labor-relations-p30)
- [MANIA](#mania-p32)
- [ENEE CAMPION](#enee-campion-p33)
- [CLAIRE LEVITT](#claire-levitt-p33)
- [OFFICE OF LABOR RELATIONS](#office-of-labor-relations-p33)

---

<a id="the-comptroller-of-the-city-of-new-york-p1"></a>
### THE COMPTROLLER OF THE CITY OF NEW YORK
_Page 1_ · _OCR-reconstructed_ · _Topics: promotion_

-----
In the matter of the Complaint of
Local Union 1969, Civil Service Employees, I.U.P.A.T.

<a id="notice-p1"></a>
### NOTICE
_Page 1_ · _OCR-reconstructed_

OF

<a id="filing-p1"></a>
### FILING
_Page 1_ · _OCR-reconstructed_ · _Topics: wages_

Against
CITY OF NEW YORK OFFICE OF LABOR RELATIONS,
For a determination of the prevailing rate of wage and
supplements in accordance with New York State Labor Law
Article Eight.
----X
PLEASE TAKE NOTICE that annexed hereto is a true copy of a Consent Determination
that was duly filed on July 15, 2024 in the Office of the Comptroller in the matter of a complaint
for the fixation of compensation of Painter (91830) and Supervisor Painter (91873).
Brad Lander
Comptroller of the City of New York
One Centre Street
New York, NY 10007
By:
Paul Brumlik
Director of Classifications
Bureau of Labor Law
Tel: (212) 669-2161
Fax: (212) 815-8681


TO:

<a id="renee-campion-p2"></a>
### RENEE CAMPION
_Page 2_ · _OCR-reconstructed_

Commissioner
City of New York, Office of Labor Relations
22 Cortlandt Street, 28th Floor
New York, NY 10007

<a id="joseph-azzopardi-p2"></a>
### JOSEPH AZZOPARDI
_Page 2_ · _OCR-reconstructed_

Business Manager/ Secretary - Treasurer
District Council 9
45: West 14th Street
New York, NY 10011

<a id="before-the-comptroller-of-the-city-of-new-york-p3"></a>
### BEFORE THE COMPTROLLER OF THE CITY OF NEW YORK
_Page 3_ · _OCR-reconstructed_ · _Topics: wages_

In the Matter of the Complaint on behalf of employees in the titles:
PAINTER (91830) and SUPERVISOR PAINTER (91873)
for the fixation of their compensation as employees of the City of New York, et al, at the
prevailing rate of wages and supplemental benefits pursuant to New York State Labor Law
-x

<a id="consent-determination-p3"></a>
### CONSENT DETERMINATION
_Page 3_ · _OCR-reconstructed_ · _Topics: wages, promotion_

A Complaint under Section 220 of the New York State Labor Law, having been filed by
Local Union 1969, Civil Service Employees, District Council 9, I.U.P.A.T. ("Complainant"),
representing employees
of the City of New York, et al., in the above referenced titles
("employees"), and this Consent Determination having been agreed to between the Mayor's Office
of Labor Relations ("OLR") on behalf of the City of New York, et al., and the Complainant,
compromising and settling certain disputes of basic rates of wages, supplemental benefits and
jurisdiction on all issues of law and fact as to the titles set forth in the caption,
NOW, THEREFORE, IT IS HEREBY DETERMINED BY CONSENT that:
The compromised basic rate of wages and supplemental benefits agreed upon are and have
been for the above mentioned employees of the City of New York, et al., as follows:


2

<a id="hourly-rates-p4"></a>
### HOURLY RATES
_Page 4_ · _OCR-reconstructed_ · _Topics: overtime, vacation, sick-leave, health-welfare, pension, discipline, hours, promotion_

Period
6/25/2021
to 6/24/2022
6/25/2022 to 6/24/2023
6/25/2023
to
6/24/2024
6/25/2024
to 6/24/2025
6/25/2025
to
7/24/2026
Painter
$46.36
$47.75
$49.18
$50.66
$52.31
Supervisor Painter
$52.98
$54.57
$56.21
$57.90
$59.78
Period
6/25/2021 to 6/24/2022
6/25/2022
to
6/24/2023
6/25/2023 to
6/24/2024
6/25/2024 to
6/24/2025
6/25/2025
to
7/24/2026
Painter
Scaffold
Spray Painting
Decorating
Fire Escape
Taping
$50.58
$52.10
$53.66
$55.27
$57.07
Supervisor Painter
Scaffold
Spray Painting
Decorating
Fire Escape
Taping
$57.80
$59.53
$61.32
$63.16
$65.21
Overtime after seven (7) hours worked and overtime after thirty-five (35) hours worked
shall be computed at the rate of time and one-half (1-1/2x). All time during which an employee is
in full pay status, except hours worked after a seven (7) hour shift and paid for as premium rate
overtime, are to be counted towards computing the thirty-five (35) hours worked in a week for the
purpose of earning overtime after thirty-five (35) hours worked.
Overtime for employees working an alternative work schedule at the New York City


3
Housing Authority shall be paid as follows: Overtime after eight (8) hour and 45-minutes worked
and overtime after thirty-five (35) hours worked shall be computed at the rate of time and one-half
(1.5x). All time during which an employee is in full pay status, except hours worked after an 8
hour and 45-minute shift and paid for as premium overtime, are to be counted towards computing
the thirty-five hours worked in the week for the purpose of earning overtime after thirty-five hours
worked.
Work performed by complainants herein employed by the Human Resources
Administration, between the hours of 4:00 P.M. and 12 midnight, shall be compensated in cash at
the rate of time and one-half (1-1/2x).
Employees who are assigned to do taping, decorative, fire escape or scaffold and spray
painting, uninterrupted for at least a four (4) hour working day, are to receive the rates provided
for in discharge of these duties:
1. Preparation and cleanup shall be included as spray time performed by the spray operator;
2. The scaffold rate set forth herein shall be payable for a) interior and exterior swing scaffold
work; b) work done with window belts or from boatswain chairs; and c) work that is twenty feet
or more in height including work done from extension ladders or from stationary or rolling
platforms. In determining the height of the work, the highest point of work on the particular surface
shall govern and all work on that surface shall be compensable at the rate so determined
3. Decorating work shall constitute designing ornaments, flowers and figures, stenciling, fresco
painting, marbleizing, graining and decorative stenciling.
Effective June 25, 2021, the City of New York, et al., shall continue to contribute $1,975


4
per employee per annum to the Local Union 1969 Civil Service Employee Welfare Fund ("the
Welfare Fund"). Effective September 25, 2023, there shall be a $50 increase per employee per
annum to the Welfare Fund Contribution for a total of $2,025. Said contributions are to be remitted
to: the Trustees of Local Union 1969, Civil Service Employees Welfare Fund.
Employees who have been separated from service subsequent to August 1, 1973, and who
were covered by a Welfare Fund at the time of such separation pursuant to a separate agreement
between the City and the certified union representing such employees, shall continue to be so
covered subject to the provisions hereof on the same contributory basis as incumbent employees.
Contributions shall be made only for such time as said individuals remain primary beneficiaries of
the New York City Health Insurance Program and are entitled to benefits paid for by the City of
New York through said Program, or are retirees of the New York City Employees Retirement
System who have completed at least five (5) years of full time service with the City of New York,
except that contributions for those employees hired after December 27, 2001 shall be governed by
the provisions of §12-126 of the Administrative Code of the City of New York, as amended
Effective June 25, 2021, the City of New York, et al., shall continue to contribute to the
Local 1969 Civil Service Employees Annuity Fund ("the Annuity Fund") at the rate of $4.81 per
day per employee, for each day actually worked, regardless of hours in excess of seven (7),
excluding annual leave days, sick leave days, vacations and other exclusions pursuant to regulatory
provisions affecting the payment thereof.
For the purpose of this supplemental benefit, a
compensatory day off shall be considered a day worked.
Effective June 25, 2025, the above annuity fund contribution shall be increased to $5.06


5
per day per employee consistent with the terms set forth above.
Effective June 25, 2026, the above annuity fund contribution shall be increased to $5.94
per day per employee consistent with the terms set forth above.
NYCHA employees assigned to work a 4-day work week alternative work schedule will
receive credit for five (5) days of annuity fund contributions consistent with the letter agreement
attached hereto. NYCHA will continue to regard a (35) hours work week, which is consolidated
into a 4-day work week, as set forth above, as five (5) working days.
This Annuity Fund contribution will be subject to a separate agreement between the City
of New York, et al., and Complainant. The liability of the City of New York, et al. shall in no
event exceed the amount hereinabove set forth for each effective day payable, irrespective of any
upward modification by reason of imposition of any taxes, liens, attorneys' fees or otherwise, and
provided further that the amount of contributions by the City et al., shall be limited to the payment
herein.
Citywide pension benefits shall be continued pursuant to applicable statute.
City Health Benefit (Insurance) program shall be continued. The parties agree that the May
5, 2014 and June 28, 2018 letters regarding health savings and welfare fund contributions between
the Municipal Labor Committee and the City is incorporated as if fully set forth herein.
The City of New York, et al., shall continue to provide twelve paid holidays:
New Year's Day; Dr. Martin Luther King Jr.'s Birthday; Lincoln's Birthday; Washington's
Birthday; Memorial Day; Independence Day; Columbus Day; Election Day; Veteran's Day;
Thanksgiving Day; Christmas Day and Labor Day.


6
Effective May 17, 2022, Juneteenth shall be a regular holiday with pay for full-time
employees. This holiday is in addition to those set forth in Appendix A Section VII annexed
hereto.
The annual leave and sick leave provisions set forth in Article I, Section 2 and Article II,

<a id="section-1-of-appendix-a-annexed-hereto-shall-be-modified-as--p8"></a>
### Section 1 — of Appendix A annexed hereto shall be modified as follows:
_Page 8_ · _OCR-reconstructed_ · _Topics: wages, overtime, holidays, vacation, sick-leave, hours, work-rules_

1) The annual leave allowance for Painters shall accrue at the following rate:
Effective Date
6/25/21
Per annum allowance
24½ days
Monthly Accrual (hh:mm)
14:18
2) The annual leave allowance for Supervisor Painters shall accrue at the following rate:
Effective Date
6/25/21
Per annum allowance
24 days
Monthly Accrual (hh:mm)
14:00
3) The sick leave allowance for Painters and Supervisor Painters shall accrue at the following rate:
Effective Date
6/25/21
Per annum allowance
12 days
Monthly Accrual (hh:mm)
07:00
*NOTE: Annual leave at the Housing Authority includes vacation, sick, personal
business and religious observance days. Therefore, Painters and Supervisor
Painters are entitled to the sum of the sick leave days and annual leave days shown
above. These provisions supersede the annual leave accrual schedule set forth in
the Personnel Rules and Regulations of the New York City Housing Authority.
NYCHA employees assigned to work an alternative schedule shall continue
to accrue the same leave, in hours and minutes, as employees working traditional
schedules consistent with the letter agreement attached hereto.
4) No paid leave benefits set forth in Article III, Sections (1)(a)-(f) of Appendix A annexed hereto


7
shall apply.
5) Except as modified by this Consent Determination, the provisions set forth in Appendix A
annexed hereto shall apply to the employees for the period from and including June 25, 2021
through and including July 24, 2026.
a) The provisions of this Consent Determination shall be consistent with the applicable
provisions of the New York State Financial Emergency Act for the City of New York, as
amended.
b) The Complainant agrees to execute a full release to the City of New York et al., for the
period embraced herein, such release being set forth in the General Release and Waiver
attached hereto as Exhibit "A".
The Complainant agrees to waive any and all interest on all differentials of basic
rates of wages and supplemental benefits. It is expressly understood that such waiver, set
forth in Exhibit "A" annexed hereto, shall include the waiver of any right to interest
payments due pursuant to subdivision 8c of Section 220 of the Labor Law (L. 1967, c, 502,
1). However,
(2)
(1)
Interest on wage increases shall accrue at the rate of three percent
(3%) per annum from one hundred twenty (120) days after the filing date of
this Consent Determination, or one hundred twenty (120) days after the
effective date of the increase, whichever is later, to the date of actual
payment,
Interest on shift differentials, holiday and overtime pay shall accrue at the


d)
e)
8
rate of three percent (3%) per annum from one hundred twenty (120) days
following their earning, or one hundred twenty (120) days after the filing
date of this Consent Determination, whichever is later, to the date of actual
payment and
(3)
Interest accrued under (1) or (2) above shall be payable only if the amount
of interest due to an individual Employee exceeds five dollars ($5.00).
The Complainant herein shall refrain from filing any Article 78 proceedings in
whole or in part with respect to any provision made herein and for any additional
benefits other than those contained herein excepting that the right is reserved to
bring any necessary proceedings for the enforcement of the terms of the Consent
Determination.
The Complainant agrees to withdraw any and all objections in all of the periods
embodied herein.
The Complainant agrees to waive any and all supplemental benefits payable under
subdivision 3 of Section 220 of the Labor Law of the State of New York, such
waiver being set forth in Exhibit "A" annexed hereto, and accept in lieu thereof the
supplemental benefits set forth in this Consent Determination, and as set forth in
Appendix A annexed hereto as modified herein.
Any new Employee who may be hired by the City of New York, et al., during the
term of this settlement shall be required to comply with all of the terms and
conditions herein upon the payment of the rates and supplemental benefits herein.


i)
j)
1)
9
Any legal claims of any nature, including specifically, but not limited thereto,
premium rates, holiday rates, shift rates, overtime rates or any other legal claims
affecting rates and supplemental benefits of any kind whatsoever, are merged in
this compromise and settlement for the period of compromise and settlement
contained herein.
The foregoing basic rates of wages and supplemental benefits are due and payable
to each and every employee of the City of New York, et al., serving in the above-
referenced titles beginning as of the effective date of the complaint filed herein, and
shall be applicable to all employees of the City of New York, et al., serving in the
above-referenced titles who are represented by the Complainant.
The basic rates and supplemental benefits herein are not to be construed as true
prevailing rates and supplemental benefits but shall be considered rates and benefits
in compromise and settlement of all issues of law and fact.
It is further understood and agreed that in consideration of the compromise and
settlement reached herein, the complaint in this matter is hereby settled
The submission of any Labor Law complaint, effective on July 25, 2026, can be
made at the Bureau of Labor Law, of the Office of the Comptroller on or after that
date.


IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
CONSENTED TO:
FOR THE CITY OF NEW YORK FOR LOCAL UNION 1969, CIVIL SERVICE
EMPLOYEE 9,
�
\ D ru co
I.U.P.A.T. y �
n r,
BY: BY:

<a id="renee-campion-joseph-azzopardi-p12"></a>
### RENEE CAMPION JOSEPH AZZOPARDI
_Page 12_

Commissioner of Business Manager/Secretary Treasurer
Labor Relations
The basic rates and supplemental benefits agreed to herein between the parties are not to
be construed as true prevailing rates and supplemental benefits, but shall be deemed substitute
rates and benefits in compromise and settlement of all issues of law and fact raised in the
complaint filed herein pursuant to Labor Law Section 220.8-d.

<a id="brad-lander-p12"></a>
### BRAD LANDER
_Page 12_

Comptroller
Dated: July 15, 2024
New York, New York
UNIT: Painter, Supervisor Painter
TERM:
June 25, 2021 to July 24, 2026

<a id="general-release-and-waiver-p13"></a>
### GENERAL RELEASE AND WAIVER
_Page 13_ · _OCR-reconstructed_ · _Topics: wages, promotion_

Local Union 1969, Civil Service Employees, District Council 9, L.U.P.A.T., (hereinafter
referred to as the "Union"), as the certified collective bargaining representative of employees in
the titles, PAINTER and SUPERVISOR PAINTER for and in consideration of the wage rates and
supplemental benefit package negotiated and agreed upon by the Union and the City of New York,
et al. as set forth in a collective bargaining agreement for the period beginning June 25, 2021 and
terminating July 24, 2026, a copy of which has been made available to the Union, hereby
voluntarily and knowingly agrees to:
2.
3.
4.
Waive, withdraw, relinquish, and refrain from filing, pursuing or instituting any claim for
wages, supplements or other benefits, or any right, remedy, action or proceeding, which
the Union has or may have under Section 220 of the Labor Law.
Discontinue any and all action or proceedings, if any, heretofore commenced by me or on
my behalf of the above mentioned titles under and pursuant to Section 220 of the Labor
Law applicable to the period June 25, 2021 to July 24, 2026.
Waive any and all interest on all differentials of basic rates of wages and supplemental
benefits from June 25, 2021 to July 24, 2026 except as expressly agreed upon in writing
by the Union and the City of New York, et al. It is expressly understood that such waiver
shall include the waiver of any right to interest payments pursuant to Subdivision 8c of

<a id="section-220-of-the-labor-law-l-1967-c-502-section-1-p13"></a>
### Section 220 — of the Labor Law (L. 1967,c. 502, Section 1).
_Page 13_ · _OCR-reconstructed_ · _Topics: wages, discipline_

Release and forever discharge the City of New York, et al. from all manner of actions,
cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
cariances, trespasses, damages, judgments, extents, executions, claims and demands
whatsoever in law or in equity which the Union, on behalf of employees in the above titles,
shall or may have, by reason of any claim for wages or supplemental benefits pursuant to

<a id="section-220-of-the-labor-law-from-june-25-2021-to-july-24-20-p13"></a>
### Section 220 — of the Labor Law from June 25, 2021 to July 24, 2026 except as expressly
_Page 13_ · _OCR-reconstructed_ · _Topics: wages, parental-leave, other-leave, hours, recognition, promotion_

agreed upon in writing by the Union and the City of New York, et al. for that period.
Local Union 1969, Civil S
vice Employees,
Districtcou
191.0
Joseph
Business Manager/Secretary Treasurer


Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Renee Campion Claire Levitt
Commissioner Deputy Commissioner
Health Care Strategy
Daniel Pollak
Georgette Gestely
First Deputy Commissioner
Director, Employee Benefits Program
Nicole Andrade
General Counsel
�2024
JosepltAzzopardi
Business Manager/Secretary Treasurer
Local Union 1969, Civil Service Employees
District Council 9, I.U.P.A.T.
th
45 West 14 Street, Floor
3'd
New York, New York 10011
Re: Painters, et. al. Consent Determination 2021-2026 Non-Day Shift Work
Dear Mr. Azzopardi:
This is to confirm the understanding of the parties that, prior to the implementation of any
future non-day shift program involving Painters and/or Supervisor Painters, OLR and the union
shall meet and confer regarding such program, including the wage rates to be paid for work
performed during such program.
Nothing in this side-letter shall be construed to waive either parties' legal position in any
future Comptroller's labor law section 220 hearing.
If this conforms to your understanding, please counter sign below.
Very truly yours,
Renee Campion
Agreed and Accepte
of Local 19 I loyees,
Joseph Azzopardi
Business Manager/Secretary Treasurer


Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Renee Campion Claire Levitt
Commissioner Deputy Commissioner
Health Care Strategy
Daniel Pollak
Georgette Gestely
First Deputy Commissioner
Director, Employee Benefits Program
Nicole Andrade
General Counsel
,
� 2024
Joseph Azzopardi
Business Manager/Secretary Treasurer
Local Union 1969, Civil Service Employees
District Council 9, l.U.P.A.T.
5 West 14th Street, 3rd Floor
4
New York, New York 10011
Re: 2021-2026 Payroll Paper Pay Stubs Painter and
Supervisor Painter
Dear Mr. Azzopardi:
This is to confirm the understanding and agreement of the parties concerning payroll and
paper pay stubs for the employees covered under the Painter and Supervisor Painter for the period
June 25, 2021 through July 24, 2026.
Effective as soon as practicable, following ratification of this agreement, all employees of
Mayoral agencies, the Department of Education, and the New York City Housing Authority who
receive paychecks via direct deposit shall be opted out of receiving paper pay stubs. Employees
may choose to opt-in and receive paper stubs via NYCAPS Employee Self-Service or the
appropriate method at employers not on NYCAPS.
If the above accords with your understanding, please indicate your acceptance by signing
below.
Very truly yours,
Renee Campion
Agreed and Accepted on Behalf
of Local 196 ployee ,
District Co
Josep
Business Manager/Secretary Treasurer


The
Cigf
New York
Renee Campion
Commissioner
Daniel Pollak
First Deputy Commissioner
Nicole Andrade
General Counsel
July 12 2024
Joseph Azzopardi
Business Manager/Secretary Treasurer
Local Union 1969, Civil Service Employees
District Council 9, L.U.P.A.T.
45 West 14" Street, 3rd Floor
New York, New York 10011
Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Claire Levitt
Deputy Commissioner
Health Care Strategy
Georgette Gestely
Director, Employee Benefits Program
Re: $3,000 One-Time Lump Sum Ratification Bonus
2021-2026 Painter and Supervisor Painter
Dear Mr. Azzopardi:
This is to confirm the understanding and agreement of the parties concerning the lump
sum cash payment for the employees covered under the Painter and Supervisor Painter Consent
Determination for the period June 25, 2021 to July 24, 2026.
i.
ii.
iii.
A lump sum cash payment in the amount of $3,000, pro-rated for other than full
time employees, shall be payable as soon as practicable upon ratification of this
Agreement to those bargaining unit members who were in active payroll status as
of January 3, 2024, the date of ratification. Active payroll status is defined as being
in active payroll status ("'B Status"), military leave with pay ("K status"), or on paid
family leave.
Employees who were terminated for cause, resigned, retired, or otherwise separated
from service, for any other reason, prior to the date of ratification of this Agreement
shall not be eligible for the lump sum cash payment.
In no event shall any employee receive greater than $3,000 in bonus payments
pursuant to this agreement.


1v. The lump sum cash payment shall be pensionable, consistent with applicable law.
v. The lump sum cash payment shall not become part of the employee's basic salary
rate, nor will it be added to the employee's basic salary for the calculation of any
salary-based benefits, including but not limited to the calculation of future
collective bargaining increases.
v1. For circumstances not covered by this agreement, the First Deputy Commissioner
of Labor Relations may elect to issue, on a case-by-case basis, interpretations
concerning the payment of the lump sum ratification bonus. Such interpretations
shall not be subject to any dispute resolution procedures.
If the above accords with your understanding, please indicate your acceptance by signing
below.
Very truly yours,
Renee Campion
Agreed and Accepted on Behalf
of Local 1969, Civil Service Em loyees,
District Cou il , .U. . .T:
Joseph
Business Manager/Secretary Treasurer


The
City c
New York
Renee Campion
Commissioner
Daniel Pollak
First Deputy Commissioner
Nicole Andrade
General Counsel
July 12,2024
Joseph Azzopardi
Business Manager/Secretary Treasurer
Local Union 1969, Civil Service Employees
District Council 9, L.U.P.A.T.
45 West 14"h Street, 3rd Floor
New York, New York 10011
Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Claire Levitt
Deputy Commissioner
Health Care Strategy
Georgette Gestely
Director, Employee Benefits Program
Re: NYCHA Alternative Work Schedules 2021-2026
Painter and Supervisor Painter
Dear Mr. Azzopardi:
This is to confirm the understanding and agreement of the parties concerning alternate work schedules at
the New York City Housing employees for employees covered under the Painter and Supervisor Painter
Consent Determination for the period June 25, 2021 through July 24, 2026.
1. The New York City Housing Authority shall have the right to establish a pilot program with the
following alternative work schedules ("AWS") for Painter and Supervisor Painter:
a. Approximately 25% of Painters shall be assigned to work a shift from 8:00 a.m. to 5:15
p.m. four days a week, with every other Saturday included in the regular 35-hour
workweek.
Scheduled Days:
Week 1: Monday, Tuesday, Friday, Saturday
Week 2: Monday, Wednesday, Thursday, Friday
Or
Week 1: Monday, Wednesday, Thursday, Friday
Week 2: Monday, Tuesday, Friday, Saturday
2. Assignment of employees to AWS shall include the opportunity for employees (Painter and
Supervisor Painter) to pick an AWS by seniority, pursuant to the following procedure:


Employees will be placed on the AWS in seniority order, based on employee preference.
b.
In the event there are not sufficient employees to staff each shift, NYCHA will mandate
incumbent Painters and Supervisor Painters in reverse seniority order. For these purposes,
an employee promoted into a title after the date of execution of this MOU shall be
considered a new hire.
C.
Where operationally necessary, NYCHA shall exclude certain positions from the pick, but
prior to the pick that includes the AWS, NYCHA shall allow such employees to participate
in the pick and make selections to transfer out of an excluded position, based on seniority,
into an assignment subject to the pick to the extent operationally feasible.
3. The following terms shall apply to employees on alternative work schedules, consistent with the
terms of the 2021-2026 Consent Determination:
a.
Employees shall work 8 hours and 45 minutes per day, four days per week, compensated
at the regular hourly rate of pay. This includes work performed on a Saturday. There is no
change to the duration of meal periods. Hours actually worked in excess of the regularly
scheduled 8 hour and 45-minute tour and overtime after thirty-five (35) hours shall be
compensated at a rate of one and one-half (1.5x) the regular hourly rate. All time during
which an employee is in full pay status, except hours worked after an 8 hour and 45-
minute shift and paid for as premium overtime, are to be counted towards computing the
thirty-five hours worked in the week for the purpose of earning overtime after thirty-five
hours worked. The union shall execute a waiver of any claim to premium overtime pay
for hours between 7 and 8:45 per day that may occur during a status quo period following
the expiration of this agreement but prior to any subsequent agreement or Comptroller
determination.
It is further agreed that for purposes of annuity fund contributions for represented
employees, NYCHA will continue to regard a (35) hours work week, which is consolidated
into a 4-day work week, as set forth above, as five (5) working days. Employees working
a 4-day work week will receive credit for five (5) days of annuity fund contributions in
accordance with the applicable annuity fund provision contained in the May 3, 2008 to
November 24, 2017 Consent Determination dated July 7, 2016, as amended by Section 3
of this MOA.
c.
Employees shall continue to accrue the same leave, in hours and minutes, as employees
working traditional schedules. The employee must charge leave for the number of hours
scheduled to work on the day the leave is taken.


d. Holidays
1. For employees whose regular work day is scheduled for a holiday and the
employee does not report to work on the holiday, NYCHA shall deduct one hour
and forty-five minutes of leave from the employees annual leave balance in order
for the employee to receive a full paycheck for that day. To the extent the employee
works on that holiday, in addition to the above, they will be compensated pursuant
to regular holiday payment rules in addition to their regular paycheck.
11. If a holiday falls on an employee's regular day off, such employee shall have 7
hours of leave credited to his or her leave balance. To the extent the employee
works on that holiday, they will be compensated pursuant to regular holiday
payment rules in addition to their credited leave.
4. The pilot program will commence as soon as operationally practicable upon the ratification of this
MOA and will initially run for a period of at least one year defined to be twelve months after the
program is fully implemented and approximately 25% of the painters are assigned to the alternative
work schedule. The parties agree to make best efforts to review the pilot program prior to its
expiration to discuss and make any changes they mutually agree are necessary. At the conclusion
of the initial one-year period, either party may terminate the pilot program and revert to the prior
scheduling practice without further bargaining, upon thirty days' written notice. Absent written
termination notice from the Union, NYCHA may extend the program beyond one year.
If the above accords with your understanding, kindly execute the signature line provided below.
Very truly yours,
Renee Campion
Agreed and Accepted on Behalf
of Local 1969, Civil Servic mployees,
District i 9, . .P. .T
Business Manager/Secretary Treasurer

<a id="in-the-event-of-any-inconsistency-between-appendix-a-and-p21"></a>
### IN THE EVENT OF ANY INCONSISTENCY BETWEEN APPENDIX A AND
_Page 21_ · _OCR-reconstructed_ · _Topics: parental-leave_

REQUIREMENTS IMPOSED BY FEDERAL, STATE, OR LOCAL LAW, SUCH AS
THOSE THAT APPLY TO MATERNITY LEAVE, THE FEDERAL, STATE, OR LOCAL
LAW SHALL TAKE PRECEDENCE UNLESS SUCH FEDERAL, STATE, OR LOCAL
LAW AUTHORIZES SUCH INCONSISTENCY.

<a id="appendix-a-p21"></a>
### APPENDIX A
_Page 21_ · _OCR-reconstructed_ · _Topics: vacation_

Time and Leave Benefits:
1- ANNUAL LEAVE ALLOWANCE

<a id="section-2-p21"></a>
### Section 2
_Page 21_ · _OCR-reconstructed_ · _Topics: holidays, vacation_

A combined vacation, personal business and religious holiday leave allowance, shall be
established, which shall be known as "annual leave allowance".
EFFECTIVE MAY 1, 1970
Annual leave allowance shall be granted to permanent employees who work at least a
250-day year, as follows:

<a id="category-p21"></a>
### CATEGORY
_Page 21_ · _OCR-reconstructed_

Employees who have
completad 15 years of
service.

<a id="annual-leave-allowance-p21"></a>
### ANNUAL LEAVE ALLOWANCE
_Page 21_ · _OCR-reconstructed_ · _Topics: vacation_

27 Work Daye
(5 weeks and 2 days)

<a id="monthly-accrual-p21"></a>
### MONTHLY ACCRUAL
_Page 21_ · _OCR-reconstructed_ · _Topics: vacation_

2-1/4 days
Employees who have
completod 8 years of service.
All other empioyees
25 Work Days
(5 woeks)
20 Work Days
(4 weeks)
2 days, plus 1 day at end of
of vacation year.
1 - 2/3 days

<a id="section-3-p21"></a>
### Section 3
_Page 21_ · _OCR-reconstructed_

There shall be a pro-rating of the above allowance for employees who work less than a
250-day year.

<a id="section-4-p21"></a>
### Section 4
_Page 21_ · _OCR-reconstructed_ · _Topics: wages, vacation_

For the earning of annual leave credits, the time recorded on the payroll at the full race
of pay, and the first six months of absence while receiving Workmen's Compensation payments
shall be considered as time "served" by the employee.
In the calculation of annual leave credits, a full month's credit shall be given to an


2
employee who has been in full pay status for at least 15 calendar days during chat month,
provided however, that (a) where an employee has been absent without pay for an accumulated
total of more than 30 calendar days in the vacation year, he shall lose the annual leave credits
earnable in one month for each 30 days of such accumulated absence even though in full pay
status for at least 15 calendar days in each month during this period; and (b) if an employee loses
annual leave credits under this rule for several months in the vacation year because he has been
in full pay status for fewer than 15 days in each month, but accumulates during said months a
total of 30 or more calendar days in full pay starus, he shall be credited with the annual leave
credits earnable in 1 month for each 30 days of such full pay status.

<a id="section-5-p22"></a>
### Section 5
_Page 22_ · _OCR-reconstructed_ · _Topics: vacation, sick-leave_

Calculation of annual leave credits for vacation purposes shall be based on a year
beginning May Ist, hereafter known as a "vacation year." All annual leave allowance of an
employee to the employee's credit on April 30th and not used in the succeeding vacation year
may be carried over from said vacation year to the next succeeding vacation year only, with the
approval of the agency head; and any such time not used within the prescribed period shall be
added to the employee's sick leave balance.
a.
All annual leave accumulations to the credit of employees on May 1, 1961, which
exceed the allowance permitted in Article I, Section 5, shall remain to their credit but shall be
reduced to the maximum set by the Leave Regulations by May 1, 1970. This shall be
accomplished in the following manner:
(1) Any accumulations in excess of 40 days shall be established as an annual leave reserve
bank, which shall be in existence until May 1, 1970.
(2)
Any time left in the annual leave reserve bank on May 1, 1970 shall be transferred to the
sick leave balances of employees. If any such transfer causes an employee's sick leave balance
to rise above the 180:day maximum established by the Leave Regulations, the sick leave surplus
which exceeds 180 days shall be placed in the employees sick leave bank and shall remain to hi
redit, notwithstanding the provisions of Article II, Sec. 2
(3) After May 1, 1970, the full provisions of Article I, Section 5 apply.
In the event, however, that the Mayor or an elected official of any department
alls upon an employee to forego his vacation or any part thereof in any year, that portion
thereof shall be carried over as vacation even though the same exceeds the limits fixed in Article
I, Sections 5 and 5 (a) above.

<a id="section-6-p22"></a>
### Section 6
_Page 22_ · _OCR-reconstructed_ · _Topics: vacation_

The normal unit of charge against annual leave allowance for vacation and personal


3
business shall be one-half day. Smaller units of charge are authorized for time lost due to
tardiness, religious observance, and for the time lost by employee representatives duly designated
by employee organizations operating under the Mayor's Executive Order No. 38 dated May 16,
1957, engaged in the following types of union activity:
8.
b.
c.
Attendance at union meetings or conventions.
Organizing and recruitment
Solicitation of member.
Collection of union dues.
e. Distribution of union pamphlets, circulars and other literature.
The agency is authorized to make such other exceptions as warranted.

<a id="section-7-p23"></a>
### Section 7
_Page 23_ · _OCR-reconstructed_ · _Topics: vacation_

Earned annual leave allowance shall be taken by the employees at the time convenient to
the department. In exceptional and unusual circumstances, an agency head may permit use of
annual leave allowance before it is earned, not exceeding two weeks.

<a id="section-8-p23"></a>
### Section 8
_Page 23_ · _OCR-reconstructed_ · _Topics: holidays, vacation_

Where certification of eligible lists permits, provisional and temporary employees shail
have the same annual leave benefits as regular employces except that they may not be permitted
to use annual leave allowances for other than religious holidays until they have completed four
months of service.

<a id="section-2-p23"></a>
### Section 2
_Page 23_ · _OCR-reconstructed_ · _Topics: vacation_

Penalties for unexcused tardiness may be imposed by the head of each agency in
conformance with established rules of the agency. As a minimum, however, all unexcused
tardiness both in the morning and upon return from lunch shall be charged to the annual leave
allowance.

<a id="section-10-p23"></a>
### Section 10
_Page 23_ · _OCR-reconstructed_ · _Topics: wages, sick-leave_

Terminal Leave shall be allowed to employees who work at least 250 days per year at
the rate of one month for every ten years of service, (a) the rates of which are fixed in
accordance with a Comptroller's determination made under Section 220 of the Labor Law of the
State of New York, and (b) of service under the Career and Salary Plan Leave Regulations, pro-
rated for a fractional part thereof.
If the employee so selects, and as an alternative to the above method of computation, his
Terminal Leave allowance may be computed on the basis of one day of Terminal Leave for each
two days of unused sick leave accumulation, to a maximum of one hundred (100) days Terminal


4
Leave Allowance. Under the latter option, Terminal Leave shall be computed on the basis of
work days, rather than calendar days.
II. SICK LEAVE ALLOWANCE

<a id="section-1-p24"></a>
### Section 1
_Page 24_ · _OCR-reconstructed_ · _Topics: sick-leave_

Sick leave allowance of one day per month of service shall be credited to permanent
employees, provisional employees and temporary employees and shall be used only for personal
Ilness of the employee

<a id="section-2-p24"></a>
### Section 2
_Page 24_ · _OCR-reconstructed_ · _Topics: sick-leave_

Sick leave allowance shall be cumulative up to a maximum of 200 work-days. After this
maximum is reached, no more sick leave credits may be cared by the employee except to the
extent of restoring credits subsequently drawn for sick leave and thereby building up accruals
again to the maximum of 200 work-days. Existing balances to the credit of employees at the
time of adoption of these regulations shall remain to their credit.

<a id="section-3-p24"></a>
### Section 3
_Page 24_ · _OCR-reconstructed_ · _Topics: sick-leave_

Sick leave may be granted at the discretion of the agency head and proof of disabillity
must be provided by the employer, satisfactory to the agency head. Presentation of a physician's
certificate in the prescribed form may be waived for absences up to and including three
consecutive work days. In a case of a protracted disability, such certificate shall be presented
to the agency head at the end of each month of continued absence.

<a id="section-4-p24"></a>
### Section 4
_Page 24_ · _OCR-reconstructed_ · _Topics: wages, vacation, sick-leave_

The normal unit for computation of sick leave shall be not less than one-half day. The
agency bead may authorize smaller units of charge in exceptional and unusual circumstances.
Credits cannot be earned for the period an employee is on leave of absence without pay. For
the earning of sick leave credits, the time recorded on the payroll at the full rate of pay, and the
first six months of absence while receiving Workmen's Compensation payments shall be
considered as time "served" by the employee.
In the calculation of sick leave credits, a full month's credit shall be given to an employee
who has been in full pay status for at least 15 calendar days during that month, provided
however, that (a) where an employee has been absent without pay for an accumulated total of
more than 30 calendar days in the vacation year, he shall lose the sick leave credits earnable in
one month for each 30 days of such accumulated absence even though in full pay status for at
least 15 calendar days in each month during this period, and (b) if an employee loses sick leave


5
credits under this rule for several months in the vacation year because he has been in full pay
status for fewer than 15 days in each month, but accumulates during said months a total of 30
or more calendar days in full pay status, he shall be credited with the sick leave credits earnable
in one month for each 30 days of such full pay status.

<a id="section-5-p25"></a>
### Section 5
_Page 25_ · _OCR-reconstructed_ · _Topics: vacation, sick-leave_

In the discretion of the agency head, employees except provisional and temporary
mployees, who have exhausted ail earned sick leave and annual leave balances due to persona
Iness may be permitted to use unearned sick leave allowance up to the amount earnable in on
year of service, chargeable against future earned sick leave.

<a id="section-6-p25"></a>
### Section 6
_Page 25_ · _OCR-reconstructed_ · _Topics: sick-leave_

At the discretion of the agency head, permanent employees may also be granted sick
leave with pay for three months after ten years of City Service, after all credits have been used.
In special instances, sick leave with pay may be further extended, with the approval of the
agency head. The agency head shall be guided in this matter by the nature and extent of illness
and the length and character of service.
II. OTHER AUTHORIZED ABSENCES WITH PAY

<a id="section-1-p25"></a>
### Section 1
_Page 25_ · _OCR-reconstructed_ · _Topics: vacation, sick-leave, other-leave, promotion_

Absence of permanent employees, provisional employees and temporary employces for
the reasons indicated below, shall be excusable in the discretion of the agency head without
charge to sick leave or annual leave balances, upon submittal of evidence satisfactory to the
Absence not to exceed four work-days in the case of death in the immediate
family. Family shall be defined for this purpose as spouse; natural, foster, step-parent, child,
brother or sister, father-in-law or mother-in-law; or any relative residing in the household.
b.
For Jury Duty. Leave for jury duty shall be granted to the employee provided that
he endorses his check for jury duty to the City.
c.
For Court Attendance Under Subpoena or Court Order. Leave to attend court
shall be granted when neither the employee nor anyone related to him has a personal interest in
the case, and where said attendance at court is not related to any other employment of the
employee.
d.
Absence required because of Health Department ruling with respect to quarantine.


6
For attendance at New York City Civil Service examination, or for official
investigation interview or appointment interview in relation to the resulting eligible list.
For attendance of delegates and alternates at State or National conventions of
veterans' organizations and volunteer firemen's organizations.
Absence by employee representatives, duly designated by employee organizations
operating under the Mayor's Executive Order No. 38 dated May 16, 1957, acting on maners
related to the interests of employees of their own respective departments, to negotiate with and
appear before departmental and other City officials and agencies including the Board of Estimate,
he City Council and Department of Personnel.

<a id="section-2-p26"></a>
### Section 2
_Page 26_ · _OCR-reconstructed_

Prior notice to and authorization by the agency head or his designated representative is
required for absence under (b), (c), (e), (1), and (g) of Section 1 above. The employee shall give
notice to the agency as soon as possible in all other cases.

<a id="section-3-p26"></a>
### Section 3
_Page 26_ · _OCR-reconstructed_

Agency heads shall grant any leave of absence with pay required by law.

<a id="section-1-p26"></a>
### Section 1
_Page 26_ · _OCR-reconstructed_ · _Topics: parental-leave_

Maternity Leave. Existence of pregnancy shall be reported by the employee, in writing,
to the head of agency not later than the completion of the fourth month of pregnancy. Maternity
Leave of are or period for later than he coupon apol in or the employe, mange.
extended by the agency head for an additional period, not to exceed six months. Total leave for
report for physical examination before resuming service.

<a id="section-2-p26"></a>
### Section 2
_Page 26_ · _OCR-reconstructed_

Leaves of absence without pay for reasons not covered in the foregoing rules may be
granted to permanent employees by the agency head not to exceed one year. Extension of such
leave may be granted by an agency head not to exceed an additional period of one year. Further
extensions may be granted by an elected official, in an agency headed by such official, of by the
City Personnel Director for agencies headed by appointed officials.


7

<a id="section-3-p27"></a>
### Section 3
_Page 27_ · _OCR-reconstructed_ · _Topics: other-leave_

Agencies shall grant any leave of absence without pay, such as military leave, required
by law:
Y. MISCELLANEOUS PROVISIONS

<a id="section-1-p27"></a>
### Section 1
_Page 27_ · _OCR-reconstructed_

Daily time records shall be maintained showing the actual hours worked by each
employee.

<a id="section-2-p27"></a>
### Section 2
_Page 27_ · _OCR-reconstructed_ · _Topics: vacation, sick-leave, promotion_

Upon transfer of a permanent employee, or appointment from an eligible list with
continuous service in another City agency, sick leave and annual leave balances shall be
transferred with the employee.

<a id="section-4-p27"></a>
### Section 4
_Page 27_ · _OCR-reconstructed_ · _Topics: vacation, sick-leave, layoff_

Upon reinstatement of an employee to a permanent position, unused sick leave and
vacation balance at the time of resignation or layoff, shall be restored to his credit.
Subject to limitations of Art. I, Sec. 8 above, the annual leave allowance and the sick
leave allowance herein granted shall be applicable to part-time employees on a pro-rated basis.

<a id="section-1-p27"></a>
### Section 1
_Page 27_ · _OCR-reconstructed_ · _Topics: sick-leave_

employee shall be required to execute an agreement, wherein it is stipulated that, in the event
hat such employee makes any claim or institutes any action against any party whatsoever in
elation to such disability, reimbursement in the amount of such pay shall be made to the City
or the agency concerned, as the case may be, from the proceeds of the recovery by such


8
employee but not to exceed the amount of such proceeds. Such agreement shall be in a form
and manner prescribed by the Corporation Counsel or other duly empowered counsel. The
Agency head may have the injured employee examined by a physician employed by the City in
order to determine the extent of the employee's disability and the approval of said physician from
a medical viewpoint shall be required for the time granted with pay under this rule. The agency
head may require periodic medical examinations of the disabled employee to ascertain the need
for continued leave of absence with pay. Notwithstanding the provisions of Article I, Section
4 and Article II, Section 5 annual and sick leave shall accrue during the first six months only
of such absence, and shall be credited upon the employee's return to duty.

<a id="section-2-p28"></a>
### Section 2
_Page 28_ · _OCR-reconstructed_ · _Topics: wages_

The agency head is empowered to grant leave of absence with pay for the first week's
absence of an employce covered by Workmen's Compensation who is physically disabled in the
performance of official duties.

<a id="section-3-p28"></a>
### Section 3
_Page 28_ · _OCR-reconstructed_ · _Topics: wages, vacation, sick-leave, pension, safety_

An employce physically disabled in the performance of his official duties who has
accrued sick and/or annual leave or has been advanced credits in accordance with the
Comptroller's Leave Regulations may elect one of the following, in addition to the benefits to
which he is entitled under the Workmen's Compensation Law, such election to be made within
the first seven calendar days of absence by the employee or someone in his behalf:
1. To receive the difference between the amount of his weekly salary and the compensation
rate, provided that:
The injured employee or any authorized person acting in his behalf makes the
request in writing, and
The injured employee or any authorized person acting in his behalf agrees that a
pro-rated charge be made against his sick leave and/or annual leave balances equal to the number
of working days of absence less the number of working days represented by the Workmen's
Compensation payments, and
The injured employee has the necessary accrued sick leave and/or annual leave
balance or has been advanced credits in accordance with the Comptroller's Leave Regulations
which the supplementary pay can be charged, and
The injured employee was not guilty of willful gross disobedience of safety rules
or willful failure to use a safety device, or was not under the influence of alcohol or narcotics
at the time of injury, or did not willfully intend to bring about injury or death upon himself or
another, and


9
The injured employee undergoes such medical examinations as are requested by
the Workmen's Compensation Division of the Law Department and his agency; and when found
fix for duty by said physicians, returns co his employment.
To take annual leave and receive full pay and Workmen's Compensation medical
coverage, provided that:
The injured employer or any authorized person acting in his behalf makes the
request in writing, and
b.
The injured employee or any authorized person acting in his behalf agrees to have
his annual leave balance charged for such absence, and
C.
The injured employee has the necessary accrued annual leave balance.
To receive Workmen's Compensation benefits in their entirely with no charge against sick
leave and/or annual leave.
During the period when an injured employee is receiving Workmen's
Compensation and the differential to bring him to full pay, he will be carried on full-pay status
and this time shall be counted for retirement benefits.

<a id="section-1-p29"></a>
### Section 1
_Page 29_ · _OCR-reconstructed_ · _Topics: holidays_

New Year's Day
Washington's Birthday
Lincoln's Birthday
On the following effective dates prevailing rate per diem and per annum employees shall
be enticed to a day off with pay for each of the following holidays:
Memorial Day
Columbus Day
Independence Day
Election Day
Thanksgiving Day
Christmas Day
Labor Day
Veteran's Day

<a id="office-of-labor-relations-p30"></a>
### OFFICE OF LABOR RELATIONS
_Page 30_ · _OCR-reconstructed_ · _Topics: wages, health-welfare_

40 Rector Street, New York, NY 10006-1705
http://nyc.gov/olr
ROBERT W. LINN
Commissioner
May 5, 2014
Harry Nespoli
Chair, Municipal Labor Committee
125 Barclay Street
New York, NY 10007
Dear Mr. Nespoli:
This is to confirm the parties' mutual understanding concerning the following issues:
Unless otherwise agreed to by the parties, the Welfare Fund contribution will remair
constant for the length of the successor unit agreements, including the $65 funded from the
Stabilization Fund pursuant to the 2005 Health Benefits Agreement between the City of New
York and the Municipal Labor Committee.
Effective July 1, 2014, the Stabilization Fund shall convey $1 Billion to the City of New
York to be used to support wage increases and other economic items for the current round of
collective bargaining (for the period up to and including fiscal year 2018). Up to an additional
total amount of $150 million will be available over the four year period from the Stabilization
"und for the welfare funds, the allocation of which shall be determined by the parties. Thereafter
; 60 million per year will be available from the Stabilization Fund for the welfare funds, th
allocation of which shall be determined by the parties.
If the parties decide to engage in a centralized purchase of Prescription Drugs, and
savings and efficiencies are identified therefrom, there shall not be any reduction in welfare fund
contributions.
There shall be a joint committee formed that will engage in a process to select an
independent healthcare actuary, and any other mutually agreed upon additional outside expertise,
to develop an accounting system to measure and calculate savings.
1


5.
The MLC agrees to generate cumulative healthcare savings of $3.4 billion over the
course of Fiscal Years 2015 through 2018, said savings to be exclusive of the monies referenced
in Paragraph 2 above and generated in the individual fiscal years as follows: (i) $400 million in
Fiscal Year 2015; (ii) $700 million in Fiscal Year 2016; (iii) $1 billion in Fiscal Year 2017; (iv)
$1.3 billion in Fiscal Year 2018; and (v) for every fiscal year thereafter, the savings on a
Year 2018, the parties shall calculate the savings realized during the prior four-year period. In
the event that the MIC has generated more than $3.4 billion in cumulative healthcare savings
during the four-year period, as determined by the jointly selected healthcare actuary, up to the
first $365 million of such additional savings shall be credited proportionately to each union as a
one-time lump sum pensionable bonus payment for its members. Should the union desire to use
these funds for other purposes, the parties shall negotiate in good faith to attempt to agree on an
appropriate alternative use. Any additional savings generated for the four-year period beyond the
first $365 million will be shared equally with the City and the MLC for the same purposes and
subject to the same procedure as the first $365 million. Additional savings beyond $1.3 billion in
FY 2018 that carry over into FY 2019 shall be subject to negotiations between the parties.
The following initiatives are among those that the MLC and the City could consider in
their joint efforts to meet the aforementioned annual and four-year cumulative savings figures:
minimum premium, self-insurance, dependent eligibility verification audits, the capping of the
HIP HMO rate, the capping of the Senior Care rate, the equalization formula, marketing plans,
Medicare Advantage, and the more effective delivery of health care.
Dispute Resolution
a In the event of any dispute under this agreement, the parties shall meet and confer
in an attempt to resolve the dispute. If the parties cannot resolve the dispute, such
dispute shall be referred to Arbitrator Martin F. Scheinman for resolution.
b. Such dispute shall be resolved within 90 days.
C.
The arbitrator shall have the authority to impose interim relief that is consistent
with the parties' intent.
d. The arbitrator shall have the authority to meet with the parties at such times as the
arbitrator determines is appropriate to enforce the terms of this agreement.
If the parties are unable to agree on the independent health care actuary described
above, the arbitrator shall select the impartial health care actuary to be retained by
the parties.
The parties shail share the costs for the arbitrator and the actuary the arbitrator
selects.
2


If the above accords with your understanding and agreement, kindly execute the signature
line provided.
Sincerely,

<a id="mania-p32"></a>
### MANIA
_Page 32_ · _OCR-reconstructed_

Robert W. Linn
Commissioner
Agreed and Accepted on behalf of the Municipal Labor Committee
BY:
Pour herpl
lany Nespoll, Cha
3


The
City f
New York
ROBERT W. LINN
Commissioner

<a id="enee-campion-p33"></a>
### ENEE CAMPION
_Page 33_ · _OCR-reconstructed_

irst Deputy Commission

<a id="claire-levitt-p33"></a>
### CLAIRE LEVITT
_Page 33_ · _OCR-reconstructed_

Deputy Commissioner
Health Care Cost Management

<a id="office-of-labor-relations-p33"></a>
### OFFICE OF LABOR RELATIONS
_Page 33_ · _OCR-reconstructed_

40 Rector Street, New York, N.Y. 10006-1705
ayc.gov/olr
MAYRA E. BELL
General Counsel
¡EORGETTE GESTEL'
irector, Employee Benefits Progra
June 28, 2018
Harry Nespoli, Chair
Municipal Labor Committee
125 Barclay Street
New York, New York
Dear Mr. Nespoli:
This is to confirm the parties' mutual understanding concerning the health care agreement for
Fiscal Years 2019 - 2021:
The MLC agrees to generate cumulative healthcare savings of $1.1 billion over the
course of New York City Fiscal Years 2019 through 2021. Said savings shall be
generated as follows:
$200 million in Fiscal Year 2019;
$300 million in Fiscal Year 2020;
ili. $600 million in Fiscal Year 2021, and
• For every fiscal year thereafter, the $600 million per year savings on a
citywide basis in healthcare costs shall continue on a recurring basis.
Savings will be measured against the projected FY 2019-FY 2022 City Financial
Plan (adopted on June 15, 2018) which incorporates projected City health care cost
increases of 7% in Fiscal Year ("FY") 2019, 6.5% in FY 2020 and 6% in FY 2021.
2021 pursuant only to 1(a)(i), 1(a)(ii), 1(a)(iii) above. For exampl
S205 million in FY 2019 and $295 million in FY 2020 will qualify for thos
years' savings targets under 1(a)(i) and I (a)(ii)
ii. S210 million in FY 2019, $310 million in FY 2020, and $580 million in F)
ili. In any event, the $600 million pursuant to 1(a)(iv) must be recurring and
agreed to by the parties within FY 2021, and may not be borrowed from
other years.
1


c. Savings attributable to CBP programs will continue to be transferred to the City by
offsetting the savings amounts documented by Empire Blue Cross and GHI against
the equalization payments from the City to the Stabilization Fund for FY 19, FY 20
and FY 21, unless otherwise agreed to by the City and the MLC. In order for this
otiset to expire, any savings achieved in this manner must be replaced in order to
meet the recurring obligation under 1(a)(iv) above.
d.
The parties agree that any savings within the period of FY 2015 - 2018 over $3.4
billion arising from the 2014 City/MLC Health Agreement will be counted towards
the FY 2019 goal. This is currently estimated at approximately $131 million but will
not be finalized until the full year of FY 2018 data is transmitted and analyzed by the
City's and the MLC's actuaries.
e. The parties agree that recurring savings over $1.3 billion for FY 2018 arising under
the 2014 City/MLC Health Agreement will be counted toward the goal for Fiscal
Years 2019, 2020, 2021 and for purposes of the recurring obligation under I(a)(iv)
above. This is currently estimated at approximately $40 million but will not be
finalized until the full year of FY 2018 data is transmitted and analyzed by the City's
and the MLC's actuaries. Once the amount is finalized, that amount shall be applied
to Fiscal Years 2019, 2020, 2021 and to the obligation under 1(a)(iv).
2. After the conclusion of Fiscal Year 2021, the parties shall calculate the savings realized during
the 3 year period. In the event that the MLC has generated more than $600 million in recurring
healthcare savings, as agreed upon by the City's and the MLC's actuaries, such additional savings
shall be utilized as follows:
a. The first $68 million will be used by the City to make a $100 per member per year
increase to welfare funds (actives and retirees) effective July 1, 2021. If a savings
amount over $600 million but less than $668 million is achieved, the $100 per member
per year (actives and retirees) increase will be prorated.
b.
Any savings thereafter shall be split equally between the City and the MLC and applied
in a manner agreed to by the parties.
3. Beginning January 1, 2019, and continuing unless and until the parties agree otherwise, the
parties shall authorize the quarterly provision of the following data to the City's and MC's
actuaries on an ongoing quarterly basis: (1) detailed claim-level health data from Emblem Health
and Empire Blue Cross including detailed claim-level data for City employees covered under the
GHI-CBP programs (including Senior Care and Behavioral Health information); and (2)
utilization data under the HIP-HMO plan. Such data shall be provided within 60 days of the end
of each quarterly period. The HIP-HMO utilization data will also be provided to the City's and
MLC's actuaries within 60 days of the execution of this letter agreement for City Fiscal Year
2018 as baseline information to assess ongoing savings. The HIP-HMO data shall include: (i)
utilization by procedure for site of service benefit changes; (ii) utilization by disease state, by
procedure (for purposes of assessing Centers of Excellence); and (iii) member engagement data
for the Wellness program, including stratifying members by three tranches (level I, Il and II).
The data shall include baseline data as well as data regarding the assumptions utilized in
determining expected savings for comparison. The data described in this paragraph shall be
provided pursuant to a data sharing agreement entered into by the City and MLC, akin to prior
data agreements, which shall provide for the protection of member privacy and related concerns,
shall cover all periods addressed by this Agreement (i.e., through June 30, 2021 and thereafter),
and shall be executed within thirty days of the execution of this letter agreement.
2


4. The parties agree that the Welfare Funds will receive two $100 per member one-time lump-sum
payments (actives and retirees) funded by the Joint Stabilization Fund payable effective July 1,
2018 and July 1, 2019.
5. The parties recognize that despite extraordinary savings to health costs accomplished in the last
round of negotiations through their efforts and the innovation of the MLC, and the further savings
which shall be implemented as a result of this agreement, that the longer term sustainability of
health care for workers and their families, requires further study, savings and efficiencies in the
method of health care delivery. To that end, the parties will within 90 days establish a Tripartite
Health Insurance Policy Committee of MLC and City members, chaired by one member each
appointed by the MLC and the City, and Martin F. Scheinman, Esq. The Committee shall study
the issues using appropriate data and recommend for implementation as soon as practicable
during the term of this Agreement but no later than June 30, 2020, modifications to the way in
which health care is currently provided or funded. Among the topics the Committee shall
discuss:
a. Self-insurance and/or minimum premium arrangements for the HIP HMO plan.
b. Medicare Advantage- adoption of a Medicare Advantage benchmark plan for retirees
c. Consolidated Drug Purchasing- welfare funds, PICA and health plan prescription costs
pooling their buying power and resources to purchase prescription drugs.
d. Comparability- investigation of other unionized settings regarding their methodology for
delivering health benefits including the prospect of coordination/cooperation to increase
purchasing power and to decrease administrative expenses.
Audits and Coordination of Benefits- audit insurers for claims and financial accuracy,
coordination of benefits, pre-65 disabled Medicare utilization, End Stage Renal Disease,
PICA, and Payroll Audit of Part Time Employees.
f. Other areas- Centers of Excellence for specific conditions; Hospital and provider tiering;
Precertification Fees; Amendment of Medicare Part B reimbursement; Reduction of cost
for Pre-Medicare retirees who have access to other coverage; Changes to the Senior Care
rate; Changes to the equalization formula.
g.
Potential RFPs for all medical and hospital benefits.
h.
Status of the Stabilization Fund.
The Committee will make recommendations to be considered by the MLC and the City.
6. The joint committee shall be known as the Tripartite Health Insurance Policy Committee
(THIPC) and shall be independent of the existing "Technical Committee." The "Technical
Committee" will continue its work and will work in conjunction with the THIPC as designated
above to address areas of health benefit changes. The Technical Committee will continue to be
supported by separate actuaries for the City and the MLC. The City and the MLC will each be
responsible for the costs of its actuary.
7. In the event of any dispute under sections 1-4 of this Agreement, the parties shall meet and confer
in an attempt to resolve the dispute. If the parties cannot resolve the dispute, such dispute shall be
referred to Martin Scheinman for resolution consistent with the dispute resolution terms of the
2014 City/MLC Health Agreement:
a. Such dispute shall be resolved within 90 days.
3


b. The arbitrator shall have the authority to impose interim relief that is
consistent with the parties' intent.
The arbitrator shall have the authority to meet with the parties as such
times as is appropriate to enforce the terms of this agreement.
The parties shall share the costs for the arbitrator including Committee
meetings).
If the above conforms to your understanding, please countersign below.
Robert W. Linn
Agreed and Accepted on behalf of the Municipal Labor Committee
lary i despol-
4

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_End of contract. Source PDF: <https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/det-painter-2021-2026.pdf>_
