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As stipulated in the Agreement, management has the authority to make
mandatory alternate duty assignments to tasks that can be performed by the
employee which may not necessarily fall within the employee’s regular
salary grade, title series or job duties and are not considered violations of
either Article 24 or Section 61.2 of the Civil Service Law. Also, such
assignments are not considered violations of Articles 44 or 45 of the
agreements since mandatory alternate duty assignments exist outside the
posting and bidding process. Additionally, when developing an
assignment, management is not restricted to the employee’s former work
location, work schedule, or workweek and such conditions of the
assignment are not considered violations of Article 32. Once a complete
mandatory alternate duty assignment is established for the period required,
the provisions of Article 32 cover the employee while he/she is working in
the assignment.
Management is expected to accommodate the employee as much as
possible and exercise sound judgment and consistency in the development
of mandatory alternate duty assignments. Agency management will
discuss, clarify and review the proposed mandatory alternate duty
assignment with the employee and will discuss any changes in that
assignment that become necessary during the course of the assignment
prior to the change taking place. It is not the intent of this policy, however,
to in any way entitle an affected employee to negotiate his/her mandatory
alternate duty assignment with agency management.
The provisions of this program including, for example, the nature of
alternate duty assignments and the review of personal hardship situations,
are appropriate subjects for labor/management discussions.
E. Expiration of Mandatory Alternate Duty Assignments
When an employee’s mandatory alternate duty assignment expires, the
employee will be found able to perform the full duties of his/her regular
position in most cases and will return to full duty. If not sufficiently
recovered, however, the employee is either returned to being covered by
the Workers’ Compensation statute (and will receive a wage replacement
benefit reflective of the employee’s level of disability) or may request a
discretionary extension of the mandatory alternate duty assignment. (See
“Extension of Mandatory Alternate Duty Assignments” below.)
Nothing in this policy abrogates management’s rights to have the
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