CCSNH Labor Management Committee

December 6, 2011 - 9:30 am - 11:30 am

APPROVED MINUTES

Location: Great Bay Community College

320 Corporate Drive

Portsmouth, NH 03801

SEIU/SEA

Present:Chris Long, Ed Mayrand, Barbara Anstey,Toni Theberge, David Pollak

Absent:Phil Slocum, Jim McCarragher, Michelle Ronayne, Robert King

CCSNH

Present:Sara Sawyer, J. Bonnie Newman, Anne Breen, Bruce Baker, Chuck Annal, Amber Wheeler, Susan Huard, Frank Clulow

Absent:None

  1. Call to Order

Meeting of the CCSNH Labor Management Committee (LMC) was called to order at 9:49AM by Sara Sawyer, presiding. Two sign-in sheets were distributed for attendees to sign, registering their attendance. Sara welcomed David Pollak to his first LMC meeting. Laura Mitchell was introduced as scribe. Sara noted an email received querying Great Bay Community College (GBCC) as today’s venue. She explained rationale for various LMC meeting locales.

  1. Welcome

Dr. Bruce Baker, Vice President for Enrollment Management and Student Services for Great Bay Community College, and member of LMC, extended a welcome to the LMC members on behalf of the College and President Arvelo, who was unable to be present. He gave a brief background and history on the evolution of the location to the present facility, which is located at the Pease International Tradeport in Portsmouth.

  1. Adoption of Minutes

VOTE:The Committee, on motion of Chuck Annal, with second by Barbara Anstey, voted to approve the minutes of the October 7, 2011 Labor Management Committee meeting as presented. Motion passed by unanimous affirmative vote of those present. There was no discussion.

  1. CCSNH Labor Management Committee Protocol (handout)

Sara Sawyer reviewed the LMC Protocols handout as amended on October 7, 2011. She noted additional clarification had been added in some areas including:

Purpose: *Item #2: – Explanation language added.

Structure: Cancellations:Changed to reflect a forty-eight (48) hour minimum prior notification.

Structure: Frequency of Meetings: Included second sentence regarding meeting may be called twenty-one (21) calendar days in advanceas noted.

VOTE:The Committee, on motion of Chris Long, with second by Chuck Annal, voted to accept the CCSNH Labor Management Committee Standard Protocols as amended. Motion passed by unanimous affirmative vote of those present.

  1. Shared Sick Leave Sub-Committee (Handout – Application for Shared Sick Leave)

Sara Sawyer reviewed the CCSNH Application for Shared Sick Leave form (Parts I-III) as revised 11/14/11 and noted the changes for each part:

PART I

In the portion for describing the reason for the request, language was added addressing the need to attach additional documentation, if needed, to support the request. Also in the same section, there was a modification made to clarify the statement regarding verification by treating physician or medical practitioner.

It was noted that Anne Breen, Barbara Anstey, Ed Mayrand, and Jim McCarragher worked on diligently these forms. Anne noted some confusion in the past for employees seeking to use this benefit and that it was not always clear what information people should be providing. These updates should assist employees with clarifications regarding what is needed. Ed noted streamlining and clarification were the goals in the process.

PART II

In this section, clarifying language was added to indicate that the most recent date of examination was to be entered as one that relates to the application for shared sick leave. Language was also added to describe the specific diagnosis and treatment of illness/injury as it related to the requested application for shared sick leave and that relevant medical documentation as backing was requested to be attached.

Question was raised regarding any conflicts with HIPAA rules. Sara indicated no conflict due to prior release of information having been provided by the employee to their physician/medical practitioner.

PART III

This portion is completed by the institution’s appointing authority. The title (College President/System Office Administrator) was changed to reflect titles held within CCSNH which is also reflective of the titles in the Collective Bargaining Agreement (CBA).

“CCSNH Institution” field – It was noted that this language is consistent with the language within the CBA

Date paid leave balances exhausted –There was clarification of the language in this section so that it indicates it is the “date when” the employee will have exhausted all of his/her leave balances that should be entered.

Counseling or disciplining for unsatisfactory attendance section – Sara noted that this can be relevant to whether or not management might recommend the request and mentioned language that is part of the CCSNH shared sick leave program.

Recommendation and Signatures section – Language added clarifies the confidentiality of the recommendation. Signatures section titles were changed to be consistent with the Part III heading.

It was noted that the deliberations and final determination (approval or denial) of a request is confidential and that the denial of a request for shared sick leave is not subject to the grievance process. She also noted that all requests for shared sick leave are reviewed by the Committee regardless of whether the request is recommended or not recommended by a College President or appropriate System Office Administrator for system office employees. All requests are submitted to the Shared Sick Leave committee for review, which could result in the approval of a request that was not recommended by management for vice versa. It was noted that under old contract, CCSNH was part of the State’s Supplemental Sick Leave program which had a similar process.

Sara noted there are three decisions points for the Shared Sick Leave subcommittee with regards to applications for shared sick leave. They can:

  • Approval of the request
  • Denial of the request
  • Pending status due to incomplete application or insufficient information. In this instance the applicant is notified that there is insufficient information provided in order to render a decision, and they are requested to provide additional information and can then resubmit the application. Upon resubmission, a decision is made regarding approval or denial of the application for shared sick leave.

A couple of typographical edits were noted as being needed.

VOTE:The Committee, on motion of Chris Long, with second by Bruce Baker, voted to approve the Application for Shared Sick Leave as revised, to include the typing edits. Motion passed by unanimous affirmative vote of those present.

Sara stated that the corrected CCSNH Application for Shared Sick Leave form will be posted to the CCSNH website.

  1. NHRS - 2% Catch-Up Deduction of November 18, 2011

Chris Long reported that the SEA had received complaints from people regarding “why now”, as well as receiving questions regarding the deduction being taken all at once, etc.

Sara provided information on the background and timing surrounding the implementation of the 7% contribution rate as established by the legislature for wages paid on or after July 1, 2011. As discussed, CCSNH did not implement the 7% contribution rate for those employees whose contribution rate was established at 5% for the 7/1/2011 pay date as required, due to the timing of passed legislation and the actual processing of the 7/1/2011 pay checks.

During the Fall, 2011 the CCSNH met with the NHRS, consulted with the SONH, and interacted with members of the State Legislators to determine the status of the pending legislation surrounding the change in the contribution rate from 5% to 7%. Based on the information gathered from all stakeholders, the CCSNH was directed to implement a 2% catch-up deduction for those employees who contributed 5% rather than the required 7% on the 7/1/11 pay date. In meeting this requirement the CCSNH had 4 remaining pay dates in 2011 in which to implement the catch-up deduction (11/18/11, 12/02/11, 12/16/11, & 12/30/11). Sara Sawyer consulted with Michelle McCord, SEA/SEIU, and it was determined that due to the upcoming holiday season the 11/18/11 pay date was the best possible option to implement the catch-up deduction.

Sara Sawyer further noted that the NHRS in accordance with its governing legislations possesses the authority to assess fines for failure to meet filing and remittance deadlines. Sara Sawyer noted that receiving a fine from the NHRS was not an option for the CCSNH.

David Pollak noted that, due to the timing, the effect was different, depending upon how a person has elected to receive their pay checks in terms of their selected pay schedules. Sara noted that this is based upon when the compensation is paid, not necessarily when it is earned and has to do with IRS tax schedules.

Chris Long noted that as the LMC becomes more established it is anticipated that such matters will be reviewee by the CCSNH LMC in the future.

  1. Voluntary Benefits – EBM

Sara Sawyer stated that currently, CCSNH (and the State of NH prior to the separation) offersa voluntary benefits program through EBM (Employment Benefits Management). These are optional and consist of:

  1. Critical Care Illness policy
  2. Life Insurance policy
  3. Short Term Disability (STD) plan

The CCSNH agreement with EBM for the provision of these voluntary benefits was continued in July, 2011based on CCSNH’s prior coverage under the State of NH contract. However, the CCSNH has received notification from EBM that EMB will not continue its affiliation with the CCSNH since the State of NH no longer will be using EBM, as its provider of voluntary benefits. Accordingly, all voluntary benefit plans provided through EBM will terminate effective midnight on December 31, 2011.

In its place, Sara is working with Unum (for an STD plan) – which requires 30 participants – and with Standard Insurance Company (currently the Long Term Disability carrier for CCSNH) –which requires 30 participants. Sara is checking on pricing and similar plan design. Standard Insurance is more responsive to the pricing and CCSNH is awaiting their plan design. If Standard Insurance meets requirements, CCSNH would enter into a contract with Standardfor voluntary benefits currently being offered by EBM. Then, contact would be made with the current enrollees to notify them of the carrier change and open enrollment process. The contract period would be for one year.

The CCSNH is currently reviewing other providers of voluntary benefits. Sara noted that some carriers require enrollments equivalent to 10% of the company’s total eligible employees, which has created a challenge since only about 3% of the CCSNH’s eligible employees participated in the voluntary benefit plans offered through EBM. Sara Sawyer noted that she is working with USI New England, CCSNH’s insurance consultants, to review providers of voluntary benefit plans. Sara Sawyer also noted that SEA currently offers the Aflac STD plan to its membersas an optional/voluntary benefit. Discussions continued regarding the role of the CCSNH LMC as it pertains to the plan and vendor selection.

  1. 2012 & 2013 Payroll Schedule for Academic Year Employees (Faculty)– Handout

Sara Sawyer reported that Fiscal Year 2012 contains a 27th pay period and that the 27th pay period will not impact the academic payroll schedules. In accordance with the CCSNH salary schedules the final pay dates for the 2011-2012 academic year for academic employees assigned to a 20 pay, 24 pay, or 26 pay cycles are as follows.

CCSNH Payroll Schedule

Academic Pay Cycle / Pay Period / Pay Date
1 / 08/12/11-08/25/11 / 09/09/11
2 / 08/26/11 – 09/08/11 / 09/23/11
3 / 09/09/11 – 09/22/11 / 10/07/11
4 / 09/23/11 – 10/06/11 / 10/21/11
5 / 10/07/11 – 10/20/11 / 11/04/11
6 / 10/21/11 – 11/03/11 / 11/18/11
7 / 11/04/11 – 11/17/11 / 12/02/11
8 / 11/18/11 – 12/01/11 / 12/16/11
9 / 12/02/11 – 12/15/11 / 12/30/11
10 / 12/16/11 – 12/29/11 / 01/13/12
11 / 12/30/11 – 01/12/12 / 01/27/12
12 / 01/13/12 – 01/26/12 / 02/10/12
13 / 01/27/12 – 02/09/12 / 02/24/12
14 / 02/10/12 – 02/23/12 / 03/09/12
15 / 02/24/12 – 03/08/12 / 03/23/12
16 / 03/09/12 – 03/22/12 / 04/06/12
17 / 03/23/12 – 04/05/12 / 04/20/12
18 / 04/06/12 – 04/19/12 / 05/04/12
19 / 04/20/12 – 05/03/12 / 05/18/12
20 / 05/04/12 – 05/17/12 / 06/01/12 (Last pay for 20 pays)
21 / 05/18/12 – 05/31/12 / 06/15/12
22 / 06/01/12 – 06/14/12 / 06/29/12
23 / 06/15/12 – 06/28/12 / 07/13/12
24 / 06/29/12 – 07/12/12 / 07/27/12 (Last pay for 24 pays)
25 / 07/13/12 – 07/26/12 / 08/10/12
26 / 07/27/12 – 08/09/12 / 08/24/12 (Last pay for 26 pays)

Ms. Sawyer reported that for the 2012 – 2013 academic year faculty return to work on Tuesday, August 21, 2012. Therefore, the first pay period for the 2012-2013 academic year is 08/10/12 – 08/23/12 with a pay date of 09/07/12. Therefore, the payroll schedules for faculty and academic staff shall not be altered or interrupted by the 27th in fiscal year 2012. The information regarding the academic pay schedules will be circulated via memo from Sara Sawyer to faculty.

  1. Other

Chris Long noted questions regarding the new charge for the Flexible Spending Account (FSA) plans.

Sara Sawyer noted that the FSA plans, which include Medical Care and Dependent Care are voluntary benefits and not covered under the collective bargaining agreement. Ms. Sawyer noted that administrative fees associated with voluntary benefits are most often the responsibility of the employee who elects to participate in such plans. For example, she noted that employees who voluntarily participate in the 457(b) Government Deferred Compensation Plan or the 403(b) Deferred Compensation Plan are responsible for the administrative fees associatd with such plans.

Ms. Sawyer noted that although the SONH and CCSNH, while under the SONH, absorbed the fees associated with the FSA accounts, the CCSNH determined that it could no longer absorb the monthly administrative fee assessed to each person who enrolled in a FSA plan. Ms. Sawyerreviewed the administrative fees associated with both aspects, as well as the situation regarding the flex spending card. Ms. Sawyer stated that the employee, who elects to participate in a FSA plan shall be responsible for the monthly administrative fee, but that the CCSNH will absorb the monthly fee of $.65 per debit card associated with the FSA medical care plan.

Ms. Sawyer noted the cost of the administrative fees associated with the FSA plans were posted on the CCSNH Benefit Enrollment site. Ms. Sawyer also explained that CCSNH HR staff reached out and spoke with each employee who enrolled in a FSA plan to make sure the individual was aware of the administrative fees associated with their plan election and their responsibility to pay for such fees. Ms. Sawyer said there have been approximately 70 enrollments in the plan(s), with a few individuals who declined to participate due to the addition of the administrative fee.

Question was asked if this is a practice that cannot be changed due to past practices. Sara noted this is a voluntary benefit. She stated that the 65 cents reimbursement for the cards will be allocated out to the colleges once all enrollments and amounts are confirmed.

Chris noted his feeling that this should have come before LMC – Sara noted we did not know about this issue this at the time of the October LMC meeting.

  1. Future Meetings Schedule

The Shared Sick Leave Committee is now scheduling meetings on Fridays as needed.

The Labor Management Committee has met four times since inception of the contract – in May, June, October, and December of 2011.

  • Question was asked regarding future frequency of meetings. It was noted that emergency meetings are part of the protocol.
  • Question was raised if SSL and LMC meetings could be held same day, back to back.
  • Question of possible phone-in attendance via conference call procedure in lieu of physically attending meetings. Skype mentioned also.
  • Fridays were noted as working best for some faculty attendees.
  • Every other month LMC meetings were suggested, with February 10, 2012 as next meeting for SSL and LMC. However, it was noted that a monthly meeting schedule is needed for SSL.

Outcome: Sara will work out a meeting schedule and send to Chris Long. Meetings will be in the mornings – 9:30am start time

Chris Long and Sara Sawyer will be jointly responsible for meetings’ agenda creation. If people on the Association side have agenda items to submit, they can send them to Chris; for those on the CCSNH side, can send agenda items to Sara.

Chancellor J. Bonnie Newman spoke to the benefit of attendees being present in person versus on speaker phone. If this does come to pass, members are requested to notify their respective IT Departments as soon as they know they will be participating on conference call basis, as IT needs lead time in order to be sure equipment and connections, etc., are in place.

Sara Sawyer noted the procedures for the taking of minutes will be worked out between Chris Long and Sara. When meetings take place at a CCSNH location, Sara will coordinate the “minutes taking”; when meetings are held at SEA, Chris will have someone take the minutes.

UPCOMING MEETINGS SCHEDULE:

On motion of Chris Long, with second by Bruce Baker, meeting adjourned at 11:10AM

At the close of the meeting, Bruce Baker and Ed Mayrand provideda tour ofthe GBCC campus renovated Portsmouth facility.

Respectfully submitted,

Laura A. Mitchell

Assistant to the President

Great Bay Community College

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