OFFICEOFCOLLECTIVEBARGAINING IntheMatteroftheImpasse -between-REPORTAND RECOMMENDATIONS DISTRICTCOUNCIL37, AFSCME, AFL-CIO, olbloLOCAL768, -and-CaseNo. 1-255-08 (CreativeArtsTherapist) THECITYofNEWYORKandtheNEWYORKCITY HEALTH ANDHOSPITALSCORPORATION, Before: Gayle A. Gavin, Chair, ImpassePanel MaryL. Crangle, Member Richard C. Gwin, Member Appearances: FortheUnion: JesseGribben, Esq., AssistantGeneral Counsel FortheCity: VictorLevy, Esq., DeputyGeneral Counsel SimonV. Kapochunas, Esq., AssistantGeneral Counsel JeffJ. Smodish, Esq., AssistantGeneral Counsel The above Impasse Panel was designated pursuant to the NewYork City CollectiveBargainingLaw("NYCCBL"), andOffice ofCollectiveBargaining("OCB") Rules, tohear and make a report and recommendations ina dispute betweenDistrict Council 37, AFSCME, AFL-CIO, olbloLocal 768("Union"or "DC37") andtheCityof NewYorkandtheNewYorkCityHealthandHospitalsCorporation("HHC"). On December 9, 2008, the Unionfiled a Request for Appointment ofImpasse Panel becausethepartiescouldnot reachagreement onwhich, ifany, additions-to-gross 1
("ATGs") shouldbeextendedtoemployeesholdingthetitleofCreativeArtsTherapist. ThistitlewasaccretedintotheUnion'sbargainingunit Ahearing inthis matter was conductedonSeptember Office ofCollective Bargaining. The parties introducedexhibits, and argued their positions. datedJanuary14, 2011, alongwithajoint request 30, 2008Memorandum ofEconomicAgreement request andaccepttheMEAintoevidence. BACKGROUND The Union and HHCand the City bargaining agreement applicable to a unit facilities ("Agreement"). Thetitles ofRehabilitationCounselor, CreativeArtsTherapist, at issueinthismatter, The Creative Arts Therapist title was result ofnewstate legislationregulatingand therapy. That legislation, inrelevant part, definedthepractice requiredthat creativeartstherapistsbelicensed, experiencerequirements, asfollows: 1. Definition of the practice of creative profession ofcreativeartstherapyisdefinedas: (a)the assessment, evaluation, treatment, which may be either mental, emotional, developmental use oftheartsasapprovedbythedepartment; 2inDecember, 2006. 14and 15, 2010, at the examinedand cross-examinedwitnesses, Both parties filed post-hearingbriefs tointroduceacopy oftheir October ("MEA")intotherecord. Wegrant that of NewYork are parties to a collective of employees employed at various HHC ActivityTherapist, and areincludedwithinthat unit. establishedbyHHCinJune, 2006as a controllingthe practice ofcreative arts ofcreativeartstherapy, andestablishedminimumeducationand arts therapy. The practice of the and the therapeutic intervention and primary, parallel or adjunctive, or andbehavioral disordersthroughthe and
" (b) theuseofassessment instrumentsandmental psychotherapytoidentify, evaluateandtreat forpurposes ofprovidingappropriatecreativeartstherapyservices. 2. Practice of creative arts therapy therapist" and"licensedcreative arts exempt under this article shall practicecreativearts "creative arts therapist". Only a person practicecreativeartstherapyor usethetitle"licensedcreativearts or any other designation tending to practicecreativeartstherapy. 3. Requirements for a professional "licensed creative arts therapist", an requirements: (a) Application: Fileanapplicationwiththedepartment; (b) Education: Have received higher degree increativearts therapyfromaprogramregisteredbythe department or determined by equivalent thereof, inaccordancewiththe '[he graduate coursework shall followingareas: (i)humangrowthanddevelopment; (ii) theoriesintherapy; (iii)groupdynamics; (iv)assessmentandappraisal (v)researchandprogramevaluation; (vi)professional orientationandethics; (vii)foundations ofcreative and (viii)clinical instruction; (c)Experience: Have completedat master's supervisedexperience satisfactory to the department commissioner'sregulations; (d)Examination: Pass an examination satisfactory to the department commissioner'sregulations; (e)Age: Beat least twenty-oneyears 3healthcounselingand dysfunctionsanddisorders and use of the titles "creative arts therapist". Only a personlicensed or therapyor usethetitle licensed under this article shall therapist" imply that the person is licensed to license. To qualify for a license as a applicant shall fulfill the following an education, including a master's or the department to be the substantial commissioner's regulations. include, but not be limited to, the ofindividualsandgroups; artstherapyandpsychopathology; least fifteenhundredhours ofpost-inone or more creative arts therapies and in accordance with the III creative arts therapy and III accordance with the ofage;
(1) Character: Be of good moral department; and (g) Fees: Pay a fee ofone hundredseventy-five license and a fee of one hundred registration period. (Added L.2002, amended L.2004, c, 210, §4, eff. NewYorkStateEducationLaw) WhentheCreativeArtsTherapist titlewasestablished, bargaining unit, the Agreement then in effect followingprovisionspertinenttothisdispute: ARTICLEI-UNIONRECOGNITIONANDUNIT DESIGNATION SectionI. TheEmployer recognizes theUnionas bargainingrepresentativeforthebargainingunit employeesoftheEmployer, whereveremployed, per annum, hourly or per diem, in successor title(s) that maybe certifiedbythe Office ofCollective Bargainingtobepart Union is the exclusive collective bargainingrepresentative ActivityTherapist ...LicensedCreativeArts Counselor ...Senior RehabilitationCounselor. ARTICLEIII-SALARIES Section10.LongevityIncrement a. Employees with 15years or more of"City" thoseeligiblefor alongevitydifferential alongevityincrement of$800perannum. I TheCityinitiallyestablishedthetitleas"LicensedCreativeArtsTherapist"andthenrevisedthetitleto "CreativeArtsTherapist"in2008toreflect thefact that ArtsTherapist titleat Level Itoworkunderapermit, ratherthanalicense, 4character as determined by the dollars for an initial seventy dollars for each triennial c. 676, § 8, eff. Jan. 1, 2005; Jan.1,2005). (Section8404ofthe andaddedtotheexisting for that bargaining unit included the thesoleandexclusivecollective set forthbelow, consisting of whetherfull-time, part-time the belowlisted title(s), and in any Board ofCertificationofthe ofthe unit herein for whichthe . . . [including] TherapistI ...Rehabilitation .. service inpaystatus (except pursuant toSection12)shall receive thelegislationpermittedthoseholdingtheCreative foralimitedduration oftime.
b.The rules for eligibility for the longevity subsection10(a), shall beset forthinAppendixA incorporatedbyreferenceherein. Section12. LongevityDifferentials A. TherapistsandRelatedTitles: Employees inthe titles listed belowshall differential payments: Effective: After 1 year-After 2years-After 5 years-After 7years-After 10years The list of Eligible Titles include RehabilitationCounselor. C. RecreationandPuppetryTitles Employeesinthetitleslistedbelowshallreceivethefollowinglongevity differential payments. Effective 2/1/07 After5years-$1,196 After 10years-$2,390 (AnAdditional) ($1,194) After 15years-$2,988 (AnAdditional) ($598) The list of Eligible Titles include Therapist, SupervisingActivityTherapist. Section18. RecurringIncrementPayment. a. Effective April 1, 2000, full-time employees covered by this Agreement RecurringIncrementPayments ("RIP")set b. The RIPs shall bebaseduponyears additiontothe longevity differentials payable onthe January 1, April 1, July qualifyingemployee'sanniversarydate, forthinAppendixD ofthisAgreement. 5increment described above in ofthis Agreement andare receive the following longevity 2/1/07 $671 $1,421($750) $2,242($821) $2,989($747) $3,738($749) Rehabilitation Counselor and Senior Activity Therapist, Senior Activity per annumand full-time per diem shall be eligible to receive the forthbelow. [guideomitted] ofCityservice and shall bepaidin set forthinSection 10. RIPs shall be 1, or October 1, subsequent tothe subject totherules for eligibilityset
Whenthe Creative Arts Therapist title alsoestablishedfor thetitle. Thecurrent PositionDescriptionreflects "Licensed Creative Arts Therapist" to "Creative Position Descriptions also continue to RehabilitationCounselorandSeniorRehabilitationCounselor(SeeAppendixA). It is undisputedthat onApril 9, 2007, newtitle. Thepartiesmet onMay17,2007andtheUnionpresenteditsdemands, tohaveCreativeArtsTherapistsreceivethesameaddition-to-grosspaidtoRehabilitation Counselors, withfull retroactivitytothedateDC37was initial bargaining session the City agreed to TherapistsreceivetheIS-yearCity-serviceLongevityIncrement. that any other ATGs had to be funded by Economic Agreements. Several phone conversations bargainingsession. Thepartiesmet againonOctober positionthat additions-to-grosswouldhavetobefundedbytheUnioninfutureeconomic settlements. OnDecember 9, 2008, theUnionfiledits ImpassePanel. At OCB'ssuggestion, thepartiesmet of2009theCityagreedtocalculatethecost oftheUnion'sdemandsasapercentageofa wageincrease. TheCitycostedtheadditions-to-grossat that the Unionfundthis amount bydeductions Union rejected this proposal. The parties met agreement wasreachedandthisproceedingensued. 6was created, aPositionDescriptionwas thechange from Arts Therapist" (See Appendix A). exist for the titles Activity Therapist, the Unionrequestedbargainingover the seeking grantedrepresentation. At the the Union's demand that Creative Arts TheCity'spositionwas allocating money fromfuture Municipal and emails followed the first II, 2007. TheCitymaintainedits Request for Appointment ofan againonJanuary23, 2009. InMay issueat .07percent andproposed fromfuture economicsettlements. The once again on October 3, 2009. No
POSITIONSOFTHEPARTIES TheUnion The Union emphasizes the bargaining employeesperformingcreativeartstherapyfor context surroundingthecreation oftheCreativeArts CreativeArtsTherapist titleisasuccessortotwoother previously used to describe the work preformed RehabilitationCounselor and Activity Therapist. holdingthese twotitles providedcreative arts CreativeArts Therapist title was created. WhentheNewYorkStateEducationlawset licensing, educationandexperience mandates effective January 1, 2006, HHCwas requiredtorecognizethesenewrequirementsand didsobycreatinganewtitle, that ofCreativeArtsTherapist. The Union submits, however, that prior Therapisttitle, someHHCRehabilitationCounselorsandActivityTherapistshadalready obtainedthenewlyrequiredlicensetopracticecreativeartstherapyandthey, others, were performing those duties, albeit Assistant Director Michelle Trester explained Counselors andActivityTherapists beganacquiringcredentialsincreative At the sametime some HHCfacilities, includingWoodhull "LicensedCreativeArtsTherapist"asanin-housetitle. title on their identificationbadges andperformedduties definition ofcreativeartstherapy. Inaddition, beforetheCreativeArtsTherapisttitlewas 7history and evolving circumstances of HHC. It urgesthePanel toconsider the Therapist titleandsubmits that the bargainingunit titles whichwere by a creative arts therapist: The Union contends that employees therapytoHHCpatients longbeforethe for the practice ofcreative arts therapy, to the creation of the Creative Arts aswell as under other pre-existing titles. DC37 that as early as 2002 Rehabilitation artstherapy. andBellevue, were using Credentialedemployeesusedthis consistent withthe statutory
created, therewerediscussionsabout filingout-of-titlegrievancesonbehalfofindividual RehabilitationCounselorsandActivityTherapists. withoutatitletouseasabasisforrelief, therewasnoremedy. The Union also points tothe testimony facilities employingCreativeArts Therapist-credentialedRehabilitationCounselors ActivityTherapists promotedthese employees title as amatter ofcourse, althoughwhenthese their newCreativeArtsTherapisttitleswiththeir all the additions-to-gross theywere earning specificallynotesthat at BellevueHospital 14qualifiedincumbentswerepromotedtothe CreativeArtsTherapisttitlein2007. The Union also cites to the testimony Therapist FrankWagnerthat the 15CreativeArts thepsychiatricwardperformedthesameduties Therapist title, but under the title of RehabilitationCounselor. points tothe testimony ofCreativeArts Therapist MetropolitanHospital since 2001, that, "When Therapist, priorto2006, Iperformed, forall intentsandpurposes, performasaCreativeArtsTherapist." (1'62) In further support of its argument that successor tothe titles of RehabilitationCounselor refers tothenumber ofemployees servinginthethreetitles 2010thetotal number ofActivityTherapistsdroppedfrom156to128; 8Ms. Trester concluded, however, that ofMs. Trester that during 2007 most and tothe LicensedCreativeArts Therapist incumbent employees "wereplacedin increasedsalaries, theywerestripped of intheir ... prior titles" (1'73). The Union of Woodhull Hospital Creative Arts Therapists currentlyworkingthereon prior tothecreation oftheCreativeArts Similarly, the Union Martha Elkins, amusic therapist at I was employedas a Senior Activity the'" functions Inow the Creative Arts Therapist title is a and Activity Therapist, the Union since2006. From2006to thetotal number
.' of RehabilitationCounselors droppedfrom57to Rehabilitation Counselors dropped from55 decrease(75)tothenumber ofemployeescurrentlyholdingCreativeArtsTherapist (65) andsubmits that this demonstratesthat persons holdingthetitles ofRehabilitationCounselor arenowheldbypersonsholdingthemoreappropriateCreativeArtsTherapisttitle. The Union argues, therefore, that evolved fromthe Rehabilitation Counselor establishedsimplybecausestatelegislationrequiredthat tothose whowere alreadyprovidingcreative titleshouldbeconsideredasuccessortitle, ratherthananewtitle. that in1987whenHHCdecidedtocreate theActivityTherapist Recreation Director and Assistant Supervisor eliminated and all incumbents were placed Therapist orSupervisoryActivityTherapist titles. of previous stand-alone bargaining units based consolidatedintheearly1980'sintotheHealthServices werekept distinct andimprovementswerenegotiatedonbehalf inagroup, unless otherwisespecified. As such, beautomaticallyextendedtotheCreativeArtsTherapytitle, Unionshouldnot berequiredtofundadditions-to-grossforthistitle. TheUnionrejects theCity'spositionthat fornewtitlesaccretedtothebargainingunit under 928; and the total number ofSenior to 37. The Union compares this total titles creative artstherapypositionsonceheldby or ActivityTherapist remain, but because the Creative Arts Therapist title and Activity Therapist titles and was particular standardsbeapplied arts therapy, the CreativeArts Therapist TheUnionpoints out titleas asuccessor to of Recreation, those two titles were in Activity Therapist, Senior Activity Ms. Tresteralsoreferredtothehistory on occupational groupings that were BargainingUnit. Thegroupings ofall titlesortitleseries theUnionargues, ATGbenefits should asasuccessortitle, andthe additions-to-grossmust beself-funded all circumstancesandurgesthisPanel
tofocusinsteadonhowandwhytheCreativeArtsTherapisttitlewascreated. points out that whenHHCpromotedincumbent Assignment Levels II andIII, it creditedthemwithprofessional arts therapy gained while serving in either Therapist positions. The Union asserts that ways, onthe one handclaimingthat the CATtitle crediting Rehabilitation Counselors and Activity becomeCATIls andIlls basedon[their workintheformer 17-18). While the Union acknowledges the automaticalIyconferredonnewlyaccretedtitles, UnionrejectstheCity'spositionthat theUnionmust RIPor longevitydifferentials whichare providedtoother coveredbythesameAgreement. TheUnionassertsthat ArtsTherapisttitleismandatedbytheunambiguouslanguage it is cost-neutral totheCitybecause the65employees Therapist titles aremorethanoffset bythereduction CounselorandActivityTherapisttitlessince2006. TheUnionalsocontendsthat theCreativeArtsTherapist III the "Therapists and Related Titles" occupation differentials set forthinArticleIII, Section12(A) submits that theinterests ofCreative Arts Therapists Therapist and Related Titles group, which 10TheUnion employees toCreativeArtsTherapist at experienceincreative the Rehabilitation Counselor or Activity "HHCshould not be able tohave it both is entirelynew, while onthe other Therapists with ... qualifications to titles]" (Union's briefpp. premise that economic benefits are not andthat ATGs must bebargained, the "self-fund"or"purchase" eitherthe bargainingunit employees applyingtheRIPtotheCreative oftheAgreement, andthat currentlyholding Creative Arts of75employeesinRehabilitation titleshouldbeincluded group, and receive the longevity oftheparties' Agreement. TheUnion aremost closelyalignedwiththe includes Rehabilitation Counselors,
Occupational Therapists, Physical Therapists licensedtherapists withsimilar salaries andeducationrequirements. that it isnot seekinganeweconomicbenefit Rather, the Union submits that incumbent differential asaRehabilitationCounseloror receivethesamedifferential asaCreativeArtsTherapist. RIP, theexpense ofextendingthelongevitydifferential Therapist titleiscost-neutral, sinceit isoffset holdingtheRehabilitationCounselorandActivityTherapisttitles. Furthermore, whiletheUnionacknowledgesthat the Creative Arts Therapist title which resulted employees previouslyholdingRehabilitationCounselorandActivityTherapist Unioncontendsthat bywithholdingLongevityDifferentialsandRIP, theseemployeesdifferently, andunfairly, andbyfailingtorewardtheir will cause Creative Arts Therapist salaries colleagueswhoreceivethesetime-basedbenefits. Finally, theUnionargues that it has must "self-fund" or "purchase" neweconomic concept as"countertothespirit ofcollectivebargaining". decisionscitedbytheCitysupport thepropositionthat grossfortitles newlyaccretedtoitsbargainingunit uponbytheCityfromtheissuesindisputeinthis reject thenotionthat newtitles must bebargained and Speech Therapists. All are state The Unioninsists byitsdemandforthelongevitydifferential. employees who received a longevity ActivityTherapist shouldsimplycontinueto TheUnionargues that, likethe tothoseholdingtheCreativeArts bythereductioninthenumber ofpersons HHCcreatedasalaryrangefor in initial salary increases for HHC titles, the theCityistreating years ofservice, to stagnate and lag behindthose oftheir never agreedor acceptedthepremisethat it benefits. The Union characterizes the TheUniondisagreesthat the theUnionmust fundadditions-to-anddistinguishesthedecisionsrelied matter. TheUnionurgesthisPanel to 'denovo' andurgesthat consideration 11
begiventotheparticularanduniquefactsofthiscasesothat CreativeArtsTherapisttitlemaybecompensatedappropriatelyandfairly. HHCandtheCity The City submits that the Issue before "WhethertheCitymust fundtheautomaticextension added to an existing bargaining unit, or whether extension of[those] benefits" (City's briefat Union has not challengedthe salary structure Therapisttitle, norhasitclaimedthat theoverall Therapistsisnot commensuratewiththeirqualificationsandresponsibilities. The City also points out that the only Rehabilitation Counselor longevity differential differential receivedbyActivityTherapists), andtheRIP. TheCityinsiststhat CreativeArtsTherapist totheRehabilitationCounselorandActivityTherapist theOffice ofClassificationandCompensationTraci howandwhyHHCestablishedthe Creative betweenthe CreativeArts Therapist title andthe Counselor titles. Ms. Speroalsoexplainedthe and"titlereclassification": Atitleestablishment isthedevelopment doesnot exist withinourcorporate-wideplan would developthe positionpurpose, 12theemployees holdingthe this Impasse Panel is a narrowone: ofadditions-to-grosstoanewtitle the parties must bargain over the p.l). TheCitypoints out initiallythat the createdby HHCfor the Creative Arts compensationreceivedbyCreativeArts ATGs sought by the Union are the (which is notably higher than the isanewtitle, rather thanasuccessor titles. HHCAssistant Directorfor Sperotestifiedinthis matter about Arts Therapist title andabout differences ActivityTherapist andRehabilitation differencebetween"title establishment" ofabrandnewtitlethat oftitles. Inthiscase, we typical tasks, andqualification
requirements. We also set a salary Group12positions, it wouldbeeligibleforunionrepresentation. Atitlereclassificationisarestructuring series ... Wemight makechangestotheexistingpositiondescription, such as adding or deleting tasks chang[ing] qualification requirements. jurisdictional size of the title, such competitiveanditstitlenameasappropriate. consolidate multiple stand alone structure. Inthat case, theaffectedtitleortitleseriesalreadyformallyexists andalreadyhas anestablishedsalary that applytothe former titles continuetoapplywithout (T154-155). Ms. Spero further testified that in November Associate Executive Director of Human Resources Villanueva, called her andexpressedconcernabout amendments to the NewYork State Education would nolonger be able toperformcreative Sperowhat couldbedonetopermit HHCfacilities response, Ms. Spero reviewed the newlegislation specificationsandreachedtwoconclusions: The first was that because the unlicensed fromperforming these whetherthiswouldremoveany ofthetasksunder Ideterminedthat therewouldbenoimplicationwithexistingtitles. The second was that, as the scope existing titles, such as Rehabilitation Therapist, HHCwould have to establish offeringthoseservicestohospital clients(T158-159). 13range. If the title is within the ofanexistingtitleortitle [or] modifying or completely We might also change the as fromcompetitive to non-Wewouldalsotypically titles into an assignment level range. All the economicterms interruption or December 2005, the Senior at Woodhull Hospital, Yvette theimpendingeffectivedateofthe Law, because unlicensed employees arts therapy. Ms. Villanueva asked Ms. tocontinueprovidingthat service. In as well as the existing HHCjob newlawwould prohibit anyone functions, I had to determine theseexistingtitles. of practice did not fall under Counselor and Activity a newtitle to continue
Thereafterafocus groupofHHCcreativeartstherapyexperts title should be establishedandprovidedinput qualificationsrequirements, andasalaryrangefor issuedapersonnel orderestablishingtheLicensedCreativeArtsTherapisttitle. TheCitypointstothemoredemandingclinical distinguishthe CreativeArts Therapist title CounselorsandActivityTherapists, CreativeArtsTherapistsmust inthe State ofNewYork. State EducationDepartment Master'sorDoctoral degreefromanaccreditedart clinical hours spent providing creative arts Activity Therapist title requires only a Baccalaureate Counselor title requires noclinical experience. duties and responsibilities performed by Creative different than those performed by Rehabilitation Neither Rehabilitation Counselors nor ActivityTherapists therapist or developpatient treatment plans. function as primary therapists and establish group/individual therapy programs. The Cityfurther out-of-titlegrievances, theUnionhasacknowledgedthat aresubstantiallydifferent fromthoseperformedbyActivityTherapists. HHC also argues that its hiring RehabilitationCounselor, ActivityTherapist, refutes the Union's assertionthat the CreativeArts 14agreedthat anew intothe establishment oftypical tasks, thenewtitle. OnJune6, 2006, HHC andeducationrequirementswhich fromtheother titles. Unlike Rehabilitation belicensedtopractice license requirements include a therapyprogram, and1500supervised therapy. Incontrast, the City notes, the degree, and the Rehabilitation As a result, the Citysubmits that the Arts Therapists are significantly Counselors and Activity Therapists. may function as a primary CreativeArts Therapists, incontrast, may and implement comprehensive argues that byfilinganumber of CreativeArtsTherapists duties history for the Creative Arts Therapist, andSenior RehabilitationCounselortitles Therapist title is a successor title.
HHCbeganhiringintotheCreativeArts Therapist 25, 2010, 65employeesheldtheCreativeArts fromoutside ofHHC. TheCitypointsout that ActivityTherapists, 9RehabilitationCounselorsand4SeniorRehabilitationCounselors. TheCityarguesthat it wouldnolonger behiringRehabilitationCounselors Therapists ifCreativeArtsTherapistwereasuccessortitle. HHCalsopointsout that anumber ofitsfacilitiesarestaffedwithRehabilitation CounselorsandActivityTherapists, but not CreativeArts 13 do not employ Creative Arts Therapists. RehabilitationCounselors or ActivityTherapists. type of services provided by the facility. vocational services, but not creativeartstherapy. useof, RehabilitationCounselorsandActivityTherapistsdemonstratesthat Arts Therapist title was not established as RehabilitationCounselortitle. HHCargues that it appropriatelydeterminedthat Lawgoverningthepracticeofcreativearts therapyrequiredtheestablishment position, rather than areclassification ofexistingtitles. decisional precedent demonstrate that, when bargaining unit, "the terms of the contract automaticallyextendedtothenewtitle."citing ofStaffAnalystsandCityofNewYork(SystemsAnalysts), relyingon District1199, National UnionofHospitalandHealthCareEmployeesv. 15titleafter June30, 2006. ByAugust Therapist title, halfofwhomwerehired duringthesametimeframeHHChired52 or Activity Therapists. Ofits20facilities, Of these 13, nine are staffed with Staffingneeds are determinedbythe Some facilities provide occupational or Therefore, thecontinuedneedfor, and theCreative a substitute for, or successor to, the the changes inthe Education ofanew Furthermore, past practiceand a newtitle is accreted into an existing must be bargained for and are not Matter ofImpassebetweenOrganization OCBNo. 1-223-95andfurther HHe
(District 119), 29OCB40(BCB1982) at FirefightersAssociation, Local 943(UFA), 7OCB3(BCB1971)(Ex. The City asserts that the principle parties' bargaininghistory and is a fundamental adheres to. OLR Deputy Commissioner Richard bargaininghistory whenthe Unionhas demandedadditions-to-gross titlesandstatedunequivocallythat theCity ... has consistentlytakenthepositionthat Recurring Increment Payments and simply conferred on newly accreted havebeenpaidfor, that ispurchased, bargaining. The exception to this ServiceLongevityIncrement, whichhasbeenofferedtotheUnionfor theCATtitle, as this LongevityIncrement the1984/87Municipal CoalitionEconomicAgreementandwascosted onacitywide basis. It isthe City's newlycreatedtitles. (TI40-141) Mr. Yates cited several examples demonstrating positionthat additions-to-grossarenot automaticallyconferreduponnewlyaccretedtitles but must be bargained by the parties. These between HHCand the Organization of Staff SystemAnalyst titles; theCity'snegotiationswiththeDeputyWardensAssociationover newly accreted former managerial Department recently the City's negotiations with CWA AdministrativeJobOpportunitySpecialist andCoordinatingManagertitles, parties agreed touseadditional compensationfunds RIP, anannuity, afive-yearexperiencedifferential 168n. 5quotingCity ofNewYorkv. United C-2) underlying these decisions has guided the principle whichthe Cityassiduously Yates testified about the parties' for newlycreated additions-to-gross, suchas Longevity Differentials are not titles. These benefits typically bytheUnioninprior rounds of general rule is the 15-year City was negotiatedas part of practicetogrant this benefit to the City's adherence to the examples included: the 1997 impasse Analysts, over a 10-year longevity for of Corrections positions; and more Local 1118 over the newly accreted inwhichthe tofundATGs includinga 10-year andatrainingfund(T141-145).
Mr. YatesdistinguishedATGs liketheRIPandlongevitydifferential, describesas"economicdemands[that] must bebargainedfor,"fromthebenefitsthat routinelyprovidedtonewlyaccretedtitles. TheNewYorkCityAdministrativeCode, example, requires the Citytoprovide healthbenefits Agreement alsoprovides a variety ofbenefits welfare benefits to newtitles, like the Creative coverage. Mr. Yatesinsisted, however, that it createdtitleisnot automaticallyentitledtoadditions-to-grossorothereconomicbenefits, havingbeenearnedbythebargainingunit inprior mustbenegotiated, bought, orotherwisepaidforbythebargainingunit"(T147-148). TheCityalsocontendsthat theUnionhasacknowledgedthisprinciplebypaying for ATGsapplicabletothis bargainingunit over CommissionerfortheMayor'sOffice ofLaborRelations, the longevity differentials contained in Article RehabilitationCounselors andthesomewhat Section 12(c), whichcovers ActivityTherapists, funds availableinearly 1980'sbargaining. Ms. which is based on years of service in any 199512000roundofbargainingfromanadditional City asserts that since the Creative Arts Therapist employeesholdingthistitlewerenot accountedfor ofextendingthebenefit tothistitlemust bepaidfor. patentlyinequitable to simply give Creative 17whichhe are for toits employees. The City-wide including annual leave, sick leave and Arts Therapist, that fall within its is "alongstandingprinciple... that anewly rounds ofbargaining. Thesebenefits theyears. PatriciaSlesarchik, Assistant explainedinhertestimonythat III, Section 12(a), which covers lower longevitydifferential inArticle III, werefundedbytheUnionfromequity Slesarchikalsoexplainedthat theRIP, health services title, was funded in the compensationfund(T195-199). The title didnot exist at the time, the inthecosting, andthereforethecost TheCitycontendsthat it wouldbe Arts Therapists what other titles intheir
bargainingunit hadtopayfor, andpoints toanumber ofavailablesources offunds to purchasethisbenefit. Inconclusion, theCityurgesthat this Panel reject the union'sproposal, conclude that thereisnobasistoautomaticallyextendtheATGsintheparties' current Agreement to employees holdingthe Creative Arts Therapist title and lindthat the Unionmust bargainover howit proposestofundthesebenefits. TheCitydoesagree, however, that the I5-year City-serviceLongevityIncrement providedunder Article III, Section10of the parties' Agreement shouldbe providedto CreativeArts Therapists because, when negotiated, thecost wascalculatedonaCity-widebasis. STANDARDS Under SectionI2-3IIc(3)(b)oftheNewYorkCityCollectiveBargainingLaw, anImpassepanel: ... shall considerwhereverrelevantthelollowingstandardsinmakingits recommendationsfor terms ofsettlement: (1) comparisonofthewages, hours, fringebenefits, conditionsandcharacteristics ofemployment ofthepublicemployeesinvolvedintheImpasseproceedingwith thewages, hours, fringebenefits, conditionsandcharacteristicsofemploymentof otheremployeesperformingsimilarworkandotheremployeesgenerallyinpublic orprivateemployment in NewYorkCityorcomparablecommunities; (2) theoverall compensationpaidtotheemployeesinvolvedintheImpasse proceeding, includingdirect wagecompensation, overtimeandpremiumpay, vacations, holidaysandotherexcusedtime, insurance, pensions, medical and hospitalizationbenefits, foodandapparel furnished, andall otherbenefits received: (3) changesintheaverageconsumerprices ofgoodsandservices, commonly knownasthecostofliving; (4) theinterestandwelfare ofthepublic; 18
(5) suchotherfactorsasarenormallyandcustomarilyconsideredinthe determination ofwages, hours, fringebenefits, collectivebargainingorinImpassepanel OPINION TheImpassePanel hascarefullyconsideredthedocumentaryevidencesubmitted, thetestimony elicited, andthe arguments profferedbybothparties respective positions inthis proceeding. TheImpassePanel appliedtherelevantstatutorycriteriainarrivingat Thedisputeinthis matter concerns whether thetitle ofCreativeArts Therapist I, II, or economic benefits of Recurring Increment differential, collectivelyreferred toas "adjustments-to-gross" paidtothoseholdingtheRehabilitationCounselor samebargainingunit.' For thefollowingreasons, employees inthe CreativeArts Therapist titles service LongevityIncrement, but neither the RehabilitationCounselorlongevitydifferential. TheUnionargues that theCreativeArtsTherapist tothe unit titles ofRehabilitationCounselor should be automatically eligible to receive 2 WhiletheRequest forAppointmentofImpassePanel Gross, i.e. recurringIncrement Payment, LongevityDifferentials, Allowance, LevellAdvancement increase, andTuitionReimbursement, proceedinghasfocusedsolelyontheissue oftheRecurringIncrementPaymentandLongevityDifferential AdditionstoGross. 3All referencestothe"CreativeArtsTherapisttitle"encompassall 19andother workingconditionsin proceedings. insupport oftheir has likewise consideredand itsfindingsandrecommendations. bargainingunit employees holding III, areentitledtoreceive thecontractual Payments ("RIPs"), and a longevity or "ATGS", which are andActivityTherapist titles inthe theImpassePanel recommendsthat 3 receive the contractual 15year City-RecurringIncrement Payments nor the titlewascreatedasasuccessor andActivityTherapist, andconsequently all the contractual economic benefits indicatedthat thepartiesdisagreedonsixAdditions to Assignment Differentials, Uniform theevidenceandargument inthis as levelsofthat title.
applicabletothepredecessortitles, includingRIPSandalongevitydifferential. weight oftheevidence, however, convincesusthat establishedas anewtitle, andnot asuccessor ActivityTherapisttitles. 4 It isundisputedthat HHCestablishedtheCreativeArtsTherapist response toState legislationrequiringthat personsengagingincreative licensed. The legislation also specifically defined therapyencompassed, andset thequalifications statutory requirements inconjunctionwithexistingpositiondescriptions, existing titles were not inappropriate in light determined that a newposition title was needed. RehabilitationCounselornortheActivityTherapisttitlesrequiresalicense; exclusivetotheprovision ofcreativeartstherapy; tohaveemployeescontinuetoperformtheduties titles. Under these circumstances, it was reasonable rather thanreviseor reclassifyeither theRehabilitationCounselor titles. We have examined and compared the CounselorandActivityTherapistwiththepositiondescription and find significant distinctions inthe purpose tasks, and qualification requirements. It is establishedbyHHCin2006for theCreativeArts 4Ourreferencestothe"RehabilitationCounselor"titleinclude"SeniorRehabilitationCounselor"aswell, ourreferencesto"ActivityTherapist"includeall threelevels 20The theCreativeArts Therapist titlewas toeither theRehabilitationCounselor or titlein2006in arts therapybe what the practice of creative arts for licensure. HHCanalyzedthesenew decided that of the newstatutory provisions, and It is undisputed that neither the that neitheris andthat therewasademonstratedneed andresponsibilitiesdescribedinthose for HIICtoestablisha newtitle, or ActivityTherapist position descriptions of Rehabilitation ofCreativeArtsTherapist, of each position, examples oftypical also undisputed that the salary range Therapist positionwas, andcontinues and ofthat position.
tobe,higher thanthesalaryrangesforRehabilitationCounselorsandActivityTherapists. It islikewiseundisputedthat HHCcontinuestousethetitlesofRehabilitationCounselor andActivityTherapist. Thesetitles didnot becomeobsoleteor ofCreative Arts Therapist was created. The September 2010, HHC employed 126 Activity Counselors and that 53 of the Activity Therapists, Counselors, werenewappointmentssinceJune, Wefindnoother basis uponwhichtoconcludethat successor to the Rehabilitation Counselor considered the Union's evidence that prior Rehabilitation Counselor and Activity Therapist duties consistent withthe statutorydescription possessed creative arts therapy credentials. evidence that therewere HHCemployees nowholdingtheCreativeArts who may have been creditedwith experience CounselorandActivityTherapisttitlesinordertoqualifyforthenewtitle, level therein. Finally, wehavealsoconsideredtheUnion'sevidencethat RehabilitationCounselorsandActivityTherapistsemployedbyHHCin2006(268), the numbers of Rehabilitation Counselors, TherapistsemployedbyHHCinAugust 2010(264) wearenot persuadedthat this evidence is sufficient ArtsTherapist isasuccessortitle. 21redundant whenthetitle evidence shows, for example, that as of Therapists and 59 Rehabilitation and 13 of the Rehabilitation 2006. Creative Arts Therapist isa and Activity Therapist titles. We have to 2007 some employees holding titles usedtechniques and performed ofcreative arts therapy, andthat some We have also considered the Union's Therapist title gained while serving in Rehabilitation oraparticular thenumber of and Activity Therapists, and Creative Arts arerelativelythesame. However, tosupport afinding that Creative
Theissueofwhether atitle isthesuccessor favor oftheUnionsimplybecausesomeemployeesmayhavebeenworkingout-of-title previously, or because certain RehabilitationCounselors intotheCreativeArts Therapist titleafter it the worktheywere performingandtheypossessedthe Thedecision ofwhether atitle isasuccessortoanother, extendingthe economicbenefits oftheparties' newtitle, cannotbeappropriatelymadeonanindividual Furthermore, the Union's argument employeesoccupyingthepositionsat issuefailstotakeintoaccount showingthat ofthe22HHCemployeesintheCreativeArtsTherapist August 2010, only 7 had previously been Therapists (6), and the remaining 15 were employeesintheCreativeArtsTherapist Level previously been Rehabilitation Counselors remaining 13were newhires. Finally, ofthe Therapy Level III position inAugust 2010, RehabilitationCounselor(4) or ActivityTherapist werenewhires. Whiletherecordshowsanincreasinguse title beginning in 2007, it does not prove widespreadandconsistent transitionintothat ActivityTherapisttitles. 22toother titles cannot beresolvedin or ActivityTherapists moved was createdwhenthat titlebetter described qualifications for thenewtitle. andthus whether thisjustifies collectivebargainingagreement tothe employeebasis. with respect to the consistent number of therecordevidence Level Ipositionin Rehabilitation Counselors (I) or Activity newhires. Similarly, of the 34 HHC IIpositioninAugust 2010, only21had (11) or Activity Therapists (l0), and the 9HHCemployees inthe Creative Arts only 5had previouslyheld the titles of (1), andtheremainingfour employees oftheCreativeArtsTherapist the Union's contention that there was a titlefromtheRehabilitationCounselorand
The fact that HHCemployees holding Therapist titles wereabletoqualifyandobtainCreativeArts establishthat title as asuccessor. Wearepersuadedbythe becomes a successor toanother whenthe predecessor HHCstill employsapproximately185RehabilitationCounselorsandActivityTherapists. We conclude that Creative Arts Therapist fromtheRehabilitationCounselorandActivityTherapist set newstandards andrequirements for those distinct fromthose inthe RehabilitationCounselor requirement ofalicense, thestatutorydefinitionofthenatureandscopeofthework, therequirement ofamaster's degree or higher establishment ofanewtitle exclusivetotheperformanceofcreativearts legislation did not change the work of a Therapist, render the duties performed under qualificationsforthosepositions. TheUnionalsoarguedthat theRIPs andtheRehabilitationCounselor differential shouldbeextendedtoCreativeArtsTherapistsbecauseit any additional cost to the City. We do not additions-to-gross toCreativeArts Therapists premisedonthe contentionthat the cost ofprovidingthese Therapists wouldbeoffset bythereductioninthenumber andActivityTherapistsreceivingthem. Therecordshows, 5Forexample, whiletheargument isnot beforeus, wewouldconsiderthe"CreativeArtsTherapist"titletobea successortitleto"LicensedCreativeArtsTherapist". 23RehabilitationCounselor and Activity Therapypositionsdoesnot City'sargument that atitle title is eliminatedandnote that is a newtitle significantlydifferent titles. Thestatutoryprovisions practicingcreative arts therapythat are and ActivityTherapist titles. The and increativearts therapy, all justifiedthe therapy. This Rehabilitation Counselor or an Activity those titles obsolete, or change the longevity wouldnot result in agree that extending these contractual is cost neutral. The Union's argument is benefits to Creative Arts ofRehabilitationCounselors however, that not all Creative
Arts Therapists came fromthe Rehabilitation Activity Therapists who received a lower Counselors, andothers were hiredas CreativeArts HHC. It is not a matter of simply transferring Rehabilitation Counselors to Creative Arts Therapists. neither inconsequential nor deminimis. It was figurewas not disputed. There isnobasis inthis contractual RIPSandlongevitydifferentialstoCreativeArtsTherapistsiscost Wealsoconcludethat decisional precedent, support theCity'scontentionthat whenanewtitleisaccretedtoanexistingbargaining unit, thecontractual additions-to-grosscoveringthat totheaddedtitle. As the Boardreasonedin Association, Local 943. 7aCB3(BCB1971): Whenacontract has beenexecutedcoveringanexistingunit, addition ofanewtitledoes not reopenthecontract titles, nor does it automaticallyextendthe Theeffect oftheadditionsistoestablishtheright negotiatethetermsandconditions ofemployment thecontracttermsisamatterfortheparties. The City has also demonstrated that negotiations over newlyaccretedtitles: additionstogross We canfind no compellingreason, onthis record, positioninthis case. Thereisnodisputethat onDecember theUnionasthe bargainingrepresentativeofthe positionwas accretedtothe existingHealth parties negotiatedover the economic benefits 24Counselor titles. Some were hired as longevity differential than Rehabilitation Therapists withnoprior service at an equal cost of these benefits from The cost of these benefits is calculatedbytheCityat .07%andthat recordtoconcludethat extendingthe neutral. andthe parties' bargaininghistory unit arenot automaticallyextended City ofNewYorkv. UnitedFirefighters thesubsequent astothepreviouslycertified provisions thereoftotheaddedtitle. ofthecertifiedrepresentativeto fortheaddedtitle. Extensionof it has taken a consistent position ill must befundedbytheUnion. to require the City to change its 7, 2006, theCityrecognized CreativeArts Therapist title andthe Services bargainingunit. Thereafter the for this newtitle, but could not agree
whetherRIPsandtheRehabilitationCounselorlongevitydifferential totheCreativeArtsTherapisttitle. TheUnionnowurgesthispanel torecommendtheextension Creative Arts Therapists. It acknowledges simplyconferredonnewlyaccretedtitles. The case, the City's failure to grant RIPand a holding the title of Creative Arts Therapist arbitrator andnot anImpasse Panel. TheUnionargues, benefitsshouldbeextendedtoCreativeArtsTherapistsbecausedoingsoiscost andbecausethenewtitlesucceededtwoothers For the reasons set forthabove, we are not declinetorequiretheCitytoextendeithertheRIPsorRehabilitationCounselorlongevity differential totheCreativeArtsTherapisttitle. TheCityhasagreedthat the IS-yearCity-serviceLongevityIncrement extendedtoemployeesintheCreativeArts Therapist parties' collectivebargainingagreement grantsalongevityincrement employeeswith15yearsor more of"City"service, differential (suchasRehabilitationCounselorsandActivityTherapists). toextendthisbenefitbecauseitscost wascalculateddifferently, thantheRIPsandlongevitydifferential sought 25shouldbe extended ofthesebenefits to inits briefthat economic benefits are not Unionunderstands that ifthis werethe longevity differential to those employees would properly be before a grievance however, that theseeconomic neutral whichcontinuetoreceive thebenefits. persuadedbythe Union's arguments and shouldbe title. Article III, Section10 ofthe of$800peryear to except thoseeligible foralongevity TheCityagreed i.e. onaCity-widebasis, herein.
RECOMMENDATIONS Forall thereasonsset forthabove, thePanel recommendsthefollowingwith respect totheissuesindisputeinthismatter: 1. EmployeesholdingtheCreativeArtsTherapistpositionshall receivethe annual 15-yearCity-serviceLongevityIncrementasprovidedinArticle III, Section10of thecollectivebargainingagreementbetweenDistrict37andtheHHC. Paymentsshall be retroactiveto2007, asapplicable. RichardC. Gwin, Member Dated: We, theundersigned, doherebyeachaffirmthatwearetheindividualwhoexecuted thisReportandRecommendations. RichardC. Gwin, Member Dated: 26
APPENDIXA CREATIVEARTSTHERAPIST(Level PurposeofPosition: This class ofpositions encompassesprofessional varying degrees of difficulty in the department providingtherapeutic services modalities, principles and techniques discipline. Thereare threeAssignment all personnel performrelatedwork. AssignmentLevel I Underdirect supervision, withlatitudefor making, performsprofessional work ofordinarydifficultyinthecreativearts therapydiscipline. Thefollowingaretypical ExamplesofTypicalTasks: 1.Establishes and implements comprehensive therapyprogramsutilizingprinciplesandpractices 2. Conducts individual assessments ofpatient's evaluatesocial, cognitive, psychological creativeartsprocess. 3. Develops treatment goals and objectives assessments designedto improve functioning techniquesuniquetothecreativeartstherapydiscipline. 4. Implementstherapeuticinterventionsutilizingart, poetryasamodalitytofacilitatethepatient'sattainment thepatienttreatmentplans. 5. Participatesasanactivemember oftheinterdisciplinarytreatment attendingmeetings andcontributingtothe comprehensivetreatmentplans. 6. Writes regular progress notes on treatmentgoals. 27I, LevelII, Level III) and/or supervisoryworkof operation of a creative arts therapy throughthe utilization ofvarious specific to the creative arts therapy Levels withinthis class ofpositions; independentjudgmentanddecision tasksforAssignment Level I: therapeutic group/individual ofcreativeartstherapy. strengths andweaknesses to andphysical functioningthroughthe based on initial and ongoing throughthe utilization ofthe music, drama, dance or ofgoalsarticulatedin teamby formulation ofindividual patient patient's behavior and responses to
7. Preparesandmaintainsrecords, progressreports, participates indepartmental andfacility-wide improvement(QA/PI)activities. 8. Prepares supplyrequisitions andmaintains suppliesasdesignated. 9. Maybeassignedtocoordinateandsupervisetheactivities inrelatedtherapeuticdisciplines. 10. Maybeassignedtoinstruct andsupervisevolunteers, inthe areas ofcreative arts andmaybe volunteers, internsandstudentsintheareas 11. Performsotherrelateddutiesasassigned. AssignmentLevel II Under direction, withbroadlatitude making, performsdifficult andresponsibleprofessional arts therapydiscipline. Inadditiontoperformingthe Level Iat ahigher level, alsoperformsthefollowingtypical ExamplesofTypicalTasks: 1.Serves as a professional resource development and implementation utilizingnon-verbal, diagnosticandexpressivetechniques. 2. Provides consultation for complex cognitive, psychological and physical therapyprocess. 3. Monitors, documents andevaluates goalsaspart ofthetherapeuticprocess. 4. May represent the department at communityfunctions; reportsactionsandfindingstodepartment. 5. Maydevelopandconduct departmental developmentsandtechniqueswithinthecreativeartstherapydiscipline. 6. Maybe assignedtofunctionas aprimarytherapist, within the boundaries ofprofessional YorkStateEducationLaw, Article163, 28statistical informationand qualityassurance/performance inventories ofequipment and ofauxiliarystaff internsandstudents assignedtoinstruct and supervise ofcreativeartstherapy. for independent judgment anddecision workinthecreative duties ofAssignment tasks: to Creative Arts Therapists in the of specialized treatment interventions cases in the evaluation of social, functioningthroughthe creative arts the attainment ofcreative arts therapy conferences, workshops, hospital or trainingprogramstointroducenew as longas practicing competency, as specified inthe New Section8407.
7. Performsotherdutiesasassigned. AssignmentLevelIII Under general supervision, withverybroadlatitudefor and decision making, performs difficult supervisory work in the creative arts performingthe duties ofAssignment performsthefollowingtypicaltasks: Examples ofTypicalTasks: 1.Coordinates and implements therapeutic creative arts techniques andprinciples facility. Monitors and guides Creative andprovision oftheseprograms. 2. Providesclinical supervisionforCreativeArtsTherapistspracticingunder LimitedPermit as requiredbythe NewYorkState 163. 3. Reviews the qualityandquantityofthe ArtsTherapistsforaccuracyandcompleteness. 4. Providesdirect creativearts therapyservices, anddocumentation ofsameinpatientmedicalrecords. 5. Mayfill infortheDirector ofProgramduringabsencesandvacations. 6. Performsotherdutiesasassigned. QualificationRequirements: AssignmentLevel I I. AvalidLicenseor LimitedPermit issuedbytheNewYorkStateEducation DepartmenttopracticeasaCreativeArtsTherapist. aLimitedPermit must obtainLicensurewithintwoyears appointment. AssignmentLevelII I. AvalidLicenseorLimitedPermitissuedbythe DepartmenttopracticeasaCreativeArtsTherapist; 29independentjudgment and responsible professional and therapy discipline. In addition to Level I and II at a higher level, also programs that utilize advanced for anassignedarea ofahealthcare Arts Therapists inthe establishment a EducationLaw, Article clinical case records ofCreative includingfacilitatinggroups Employeesworkingwith fromtheir date of NewYorkStateEducation and
2. Two years of full-time, paid, professional therapy. AssignmentLevel III InadditiontomeetingtherequirementsforAssignment Level IIIrequires: 1.Oneadditional year ofexperience. ACTIVITYTHERAPIST(Level PurposeofPosition: This class ofpositionsencompassesprofessional varyingdegreesofdifficultyandresponsibilityintheoperationofanactivity therapy department providing medical/psychiatric services, inconjunctionwithother members threeAssignment Levels withinthis relatedwork. AssignmentLevel I Under supervision, with latitude for responsibletherapeuticwork ofordinarydifficulty. tasksforAssignmentLevel I: Examples ofTypical Tasks: 1.Participates inplanningandimplementingamedical/psychiatricapproved recreational program ofindividual andwardactivities interestandcapacities ofpatients. 2. Participates inmeetingwithtreatment careandparticipatesasamember ofateam, 3. Plans individualizedschedulesincludingactivities therapyandsocializationtomeet specificneeds 4. Teachesandleadsrecreational activitiessuchasgroupandteamgames, andcrafts, dances, gymnastics, art intherapy, anddramatics. 30expenence III creative arts Levels II, Assignment I, Level II, Level III) and/or supervisoryworkof recreational therapeutic ofthetreatment team. Thereare class ofpositions; all personnel perform initiative and judgment, performs Thefollowingaretypical adaptedtotheneeds, stafftocoordinateeffective patient inpatientgroups. ofdailyliving, artsand ofpatients. arts poetry, simpleforms ofmusic
5. Directs learning experiences as influence behavioral change leading comprehension ofselfandenvironment. 6. Workswithandmayguidestudents othersassignedtothearea ofservice. 7. Attends ancontributes todepartment servicetrainingprograms. 8. Works with private and public programs. 9. Mayco-leadorleadsmall grouptherapyandotherdiscussiongroups. 10.May co-lead community meetings disciplines. 11.Communicatesobservations ofpatientsinactivitytherapytoteam. 12.ChartsActivityTherapyProgressNotes. 13. Preparesperiodicreportsandkeepsappropriaterecords. 14.Isresponsiblefor maintainingandordering assignedunit. AssignmentLevel III Under supervision, with considerable judgment, performs responsible therapeutic difficulty. Inadditiontoperformingthetypical Level I, isalsoresponsibleforoneormore ExamplesofTypicalTasks: 1.Assessesrecreational therapeuticandactivityprogramneeds implementationthroughresearchandevaluation. 2. Evaluatesdailyfunctioning ofactivitytherapyprogramsinassignedarea. 3. Assesses specific activityneeds ofpatientsasdefinedbythestandards thedepartment. 31part of care/treatment of patients to to increased experience and frommulti-disciplines, volunteersand meetings, attends and conducts in-organizations to further recreational with other members of various ofsupplies andequipment for latitude for initiative andindependent work of more than ordinary tasksdescribedinAssignment ofthefollowingtasks: andplansfor of
·. 4. Coordinatessuchactivitiesasadaptedsports, and crafts, and music, regulating content patientscapabilities, needsandinterestforassignedunit. 5. Applies newtechniques and skills continuingeffort toprovidepractical withinthefield ofActivityTherapy, implementingthosewhichareapplicable totheirsetting. 6. Workswithotherdisciplinestocoordinateeffectivepatientcare. 7. Mayreviewclinicalcaserecordsforaccuracyandcompleteness. 8.Maintains functional operational level areas. 9. Maydevelopandconductin-servicetrainingwithintheir 10.Preparesandsubmitsreportsandstatistics. 11.Preparesappropriaterecords. AssignmentLevelII Under general supervision, plans, directs, ofmedicallyapprovedrecreational activitytherapyprogramsfor area/unit of a hospital or health care services. Inadditiontoperformingthetypical LevelsIandII, isalsoresponsibleforoneormore ExamplesofTypicalTasks: 1.Plans, organizes, supervisesandimplementsActivityProgramServices clinicallysoundactivitytherapytreatmentsfromanassignedareaofhospital orhealthcarefacility. 2.Coordinates and monitors ongoing portions ofthetreatmentplans. 3.Provides leadership, guidance and training to subordinate professional volunteers, studentsandotherhospital 4. Helpsstafftorecognizeanddeal withproblemsrelatingtopatients, wardroutines, assists staffinrecognizingownassets theseassetsandresourcesintheirworkwithpatients. 32dramatic, social activities, arts of programinaccordance with both interpersonal and technical ina programs. Exploresnewdevelopments of equipment, supplies and work area ofexpertise. coordinatesandmonitorsaprogram anassigned facility including mental hygiene tasks describedinAssignment ofthefollowingtasks: of performance of overall or specific clinical supervision, orientation and recreational therapyand support staff, orhealthcarefacilitystaff. staffor andtoeffectivelyuse
5. Insures that Activity Therapy treatment completed and current for patients patient'sevaluation. 6. May participate informulatingpatient patienttreatmentplansasamember 7. Maintainscommunicationwithotherdisciplinesandservices. 8.Attendsandcontributestodepartmental programs. 9. Participates inoverall planning ofaTherapeuticActivityprogramfor facility. lO.Maintains communication with programsforpatients' referrals. 11.Explores newdevelopments within works with staff inimplementation reevaluation ofongoing programs. continuingeffort toprovideeffectivetreatmentmodalities. 12.May select and order supplies operational level ofequipment, suppliesandworkarea. 13.Mayparticipate indepartmental includingbudgetaryexpendituresandsettingprocedures. 14.Preparesreports, correspondence, QualificationRequirements: AssignmentLevel I 1.A baccalaureate degree from supplementedby18creditsinrecreation, applied arts (including therapy) and psychology, groupwork, groupdynamicsand/orrelatedfield; 2. Abaccalaureatedegreefromanaccreditedcollegeandoneyear experience inplanning, coordinatingand programinahospital, healthcareorrelatedfacility; 3. Asatisfactorycombination ofeducationand/or "1"or"2"above. However, all candidatesmust plans and progress notes are and for assessing the quality of each treatment plans or may formulate ofaninterdisciplinaryteam. meetingsandfacility-widetraining the community resources and research the field of Activity Therapy and ofthose applicable totheir setting for Applies newtechniques and skills ina and equipment and maintain functional administration ofrecreational programs andmaintainsrecords. an accredited college including or physical education, dance, finearts, 12 credits in psychology, social or offull-time supervisinga recreationactivities or experience equivalent to possesabaccalaureatedegree. 33
Assignment LevelII Inadditiontomeetingtherequirementsfor Assignment Level I, Assignment Level IIrequires: 1.Oneyear offull-timeexperienceasdescribedintwo(2)above. AssignmentLevelIII In addition to meeting the requirements for Assignment Levels I and II, AssignmentLevel IIIrequires: 1. Threeyearsoffull-timeexperienceasdescribedintwo(2)above. REHABILITATIONCOUNSELOR PurposeofPosition: Under supervision, guides the vocational rehabilitation of correctional institutional inmates or hospital patients with physical disabilities or impairment; performsrelatedwork. Examples ofTypicalTasks: 1.Selects, administers, scores, and interprets vocational aptitude and other standardizedtests; prepares reports oftest findings usedfor vocational and educational training ofinmatesorpatients. 2. Reviewscaserecordsforinformationrelatingtooccupational adjustments. 3. Interviews, orients andgives vocational guidancetopatients or inmatesin terms of the educational and occupational background, socio-economic condition, medical prognosisandtest results. 4. Secures cooperation ofpublicandprivate organizationsandemployers in thevocational trainingorplacement ofpatientsorinmates. 5. IntheDepartment ofCorrection, participatesat meetingsofaclassification Boardwhichplansatreatmentprogramforinmates. 6. Participatesinconferencesandconsultationsonprogramstoassist patients and inmates in solving problems resulting from hospitalization, institutionalization, disabilityormaladjustment. 34
7.Helps coordinate vocational programs in a hospital or correctional institutionwitheducational, recreational andother non-medical servicesmade availablebycommunityagencies. 8.Refersinmatesorpatientstoother servicesinthecorrectional institutionor hospital. 9. Observestheprogress ofreferredinmatesor patientsinvocational training programs. 10.Prepares case summaries andprogress reports; keep records. Assists in maintenance ofanoccupational informationlibrary. 11.Assistsinin-servicetrainingprograms 12.Appliespertinentfederal stateandlocal legislation. QualificationRequirements: 1. AMasters Degreeinvocational rehabilitationissuedafter completionofa twoyearcourseinanaccreditedcollege. 2. AMasters Degreeor 30credits ofgraduate studyinvocational guidance, vocational rehabilitation, orrelatedfieldsandoneyear offull-timeexperience invocational guidance, medical orcorrectionalrehabilitation, or 3. Asatisfactoryequivalent. SENIORREHABILITA nONCOUNSELOR PurposeofPosition: Under general supervision, directlysupervisesRehabilitationCounselorsand other members ofthetherapeuticteaminguidingthevocational rehabilitation program ofpatients withphysical disabilities or impairment or clients with psychologicalproblemsaffectingtheir jobperformanceandsocial adjustment. Performsrelatedwork. ExamplesofTypicalTasks: 1.SupervisesRehabilitationcounselorsandmembersofthetherapeuticteam. 2. Participatesinprogramplanning, coordinatesprograms, plansandconducts inservicetrainingprograms. 3. Developsandmaintainsrelationshipswithcommunityresources. 35
4. Reviewscaserecordspreparedbystaff. 5.Assesses and evaluates the client's adjustment. 6. Implementsandcoordinatesthetreatmentprogram. 7. Maintainscaserecords. 8.Evaluates testing materials and administers tests. 9.Consults with other units regarding services. QualificationReguirements: 1.AMaster's Degree in Vocational Psychologyorarelatedfieldfromanaccreditedcollegeafter one-yearcourse, plustwoyears offull-time, least one year ofwhichmust havebeenwithadults, vocational rehabilitationor psychological acquiredinthepast fifteenyears; or, 2.A satisfactory equivalent combination However, all candidatesmust possessaminimum Vocational Guidance, Vocational Rehabilitation, fields. All candidatesmust haveat least (1)workingwithadults. AMaster'sDegreeinVocational anaccreditedcollege after completion asmeetingone ofthetwoyearsofexperiencerequiredin(1). 36potential for vocational and social psychological andvocational procedures affecting rehabilitation Guidance, Vocational Rehabilitation, completion ofa paid, professional experience, at invocational guidance, counselingorpsychological testing of education and experience. ofthirtygraduatecreditsin Psychologyand/or related oneyear ofexperienceasdescribedin Rehabilitationfrom ofatwo-year coursewill beaccepted
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.