WE ARE QUEENS LIBRARY

Contractual Rights 85 degrees or higher

A friendly reminder about your contract rights when the temperature is 85 degrees or higher. The following is a summary of Article V Operation of the Library in the Event of Extreme Temperatures pages 7-9.

The Union is requesting that the Administration enact communication protocols that are communicated to everyone in the Library to ensure every union member receives their contractually obligated compensation (comp) time. 

If you have any questions about the process, please contact your union representative and we will assist you.

Temperature 85 degrees or higher (Art. V, Sec. 2.A)

• If your location reaches 85 degrees or higher
• Notify your respective departments: FES, CLS, Central, PSD, etc. 
• One hour after a department is notified and it is still 85 degrees or higher, every union member in that location will accrue comp time until the temperature falls below 85 degrees or their shift ends.

Example - 85 degrees when custodian arrives:

• The custodian enters the branch at 6 am and it is 85 degrees
• The custodian notifies FES and the building’s managers.
• At 7am the custodian starts earning comp time.
• Any scheduled union member will earn comp time from the beginning of their shift.
• Union members earn comp time until the temperature falls below 85 degrees or their shift ends. 

Example - 85 degrees later in the day:

• At 2pm, the temperature reaches 85 degrees. 
• The person in charge notifies CLS. 
• At 3pm, the temperature remains above 85 degrees. 
• Union members start earning comp time until the temperature falls below 85 degrees or their shift ends.

Broken HVAC that cannot be fixed the same day and Temperature is 85 degrees or higher (Article V Sec 2.B.)

• If it is determined that the HVAC system cannot be fixed, and the temperature is 85 degrees or higher, the agency head must ask for volunteers to staff the location and then notify CLS.
• If the location has enough volunteers, the location will remain open and union members will accrue comp time. 
• If there are not enough volunteers for adequate branch coverage, the President/CEO, or the designee must decide to open or close. 
• If the closure occurs before 1:00pm, then staff will either be reassigned or elect to use their personal time. 
• If the closure happens after 1:00pm, then, “the President/CEO may excuse the staff.”

Example - staff volunteer to stay:

• At 11am the temperature reaches 85 degrees. 
• The person in charge contacts CLS and FES. 
• At noon the union members start earning comp time. 
• At 3pm, FES informs the branch that the HVAC system cannot be fixed that day. 
• The person in charge asks for volunteers to stay and they volunteer.
• The person in charge notifies CLS.
• Staff volunteer earning comp time for as long as the temperature is 85 or higher.

Example - staff do not volunteer to stay:

• At 11am the temperature is 85 degrees. 
• The person in charge contacts CLS and FES
• At noon the union members start earning comp time. 
• FES informs the branch that the HVAC system cannot be fixed. 
• The person in charge asks for volunteers to stay and they do not volunteer to stay
• The person in charge notifies CLS.
• If it is before 1pm, they are reassigned or they elect to use their personal time. 
• If it is after 1pm, the President/CEO or their designee may offer excused time.

Temperature 85 degrees or higher over multiple days caused by broken HVAC system (Art V Sec 2.C.)

• If the system cannot be repaired on the first day, each day following and the temperature is 85 degrees or higher; the custodian and the person in charge must notify their respective department heads.
• The person in charge must ask for volunteers and contact their department head.
• If union members volunteer, they will earn comp time as soon as their shift starts. 
• If staff do not volunteer.
  • Before 1:00pm, then staff will either be reassigned or use their personal time.
  • After 1:00pm, then “the President/CEO may excuse the staff.”
• If the repair has been certified to take more than two days, the person in charge may request that the agency be closed until the completion of the repairs.
• These steps only apply to a continuing condition and not a reoccurrence of a mechanical breakdown after the initial repair.

Example - if temperature is not 85 degrees or higher at the start of shift:

• The next day the HVAC system is still broken. 
• The custodian comes in at 6am and it is 80 degrees. 
• By 11am, it is 85 degrees. 
• The person in charge must notify the department head.
• Every union member earns comp time starting at 11am. 
• The person in charge asks for volunteers to stay and notifies CLS of their decision. 
• If staff volunteer, they earn comp time for as long as the temperature is 85 or higher.
• If staff do not volunteer. 
  • Before 1pm, they are reassigned or they elect to use their personal time. 
  • After 1pm, the President/CEO or their designee may offer excused time.

Example - if temperature is 85 degrees or higher at the start of the shift”

• The next day the HVAC system is still broken. 
• The custodian comes in at 6am and it is 85 degrees. 
• They must notify FES and the person in charge. 
• If staff volunteer, they earn comp time for as long as the temperature is 85 or higher.
• If staff do not volunteer. 
  • Before 1pm, they are reassigned or they elect to use their personal time. 
  • After 1pm, the President/CEO or their designee may offer excused time.