AFSCME Council 18

Back Pay Implementation Begins: After Six Years, Justice Served for Many...Not All

New Mexico State Personnel Office (SPO) has launched a page of resources on their website for state employees to determine their eligibility for the back pay. Here is some of the latest news:

1. The Hourly adjustments due to appear on June 27 paycheck have NOT been frozen. Phase one implementation is on track.

2. Department of Finance Adminstration (DFA) is in the process of choosing an AUGUST date for an OFF-CYCLE payroll to issue the lump sum checks. DFA expects the checks will be direct deposited or issued via paper checks just like employees would normally expect. DFA has pledged to TELL US when the August date is picked.

DFA reports that the delay from the previously expected July date is due to close out work of FY14 which necessitated pushing the date back slightly.

3. Reports of employees NOT receiving any hourly pay adjustments and/or miscalculations are pouring in. (Please review the State Personnel Website HERE for latest)

The state has mapped out an appeal process to address issues where employees received ZERO pay adjustment, but not a process when calculation mistakes occur.

AFSCME continues to work with SPO on how those calculation appeals should take place. For now, AFSCME encourages members to work with their HR bureaus, obtain their payroll history reports, and communicate with State Personnel by email. Phone calls are unlikely to be returned.

4. Members who confirm through SHARE that they did not receive an hourly pay adjustment and "pass the tests" for eligibility as detailed on SPO's resource webpage, should be obtaining their payroll history summary from HR, then file the APPEAL FORM (live after 6/27).

There was a lot of confusion surrounding eligibility. Employee must have been within the union bargaining unit and off probation on or before June 30th 2009.

Pasted below is the original contract language that we've battled for six years to protect. REMEMBER, we did receive a 2.9% increase in 7/08. In estimating what your raise should have been, remember to subtract the 2.9%.

KEY Language from the 2008 CONTRACT:

C. Fiscal Year 2009. In accordance with state statute, the Governor’s Recommendation shall include a salary increase of 2% of the midpoint of an employee’s pay band, effective the first full pay period following July 1, 2008 subject to satisfactory performance.

D. Probationary employees entering a bargaining unit position subsequent to the effective date of the general salary increase for that fiscal year, shall receive the general salary increase effective the first full period they obtain career status and enter the bargaining unit provided the employee had not received the general salary increase previously.

C. Subject to legislative appropriation, effective the first full pay period following January 1, 2009, bargaining unit members shall receive within band salary increases based on the following schedule subject to satisfactory performance:

Compa-ratio less than 85%: 3.5% salary increase

Compa-ratio of 85% - 93.99%: 2.5% salary increase

Compa-ratio of 94% to 104.99%: 2.0% salary increase

Compa-ratio of 105% or greater: 1.0% salary increase

Probationary employees entering a bargaining unit position subsequent to the effective date of the within band salary increase for that fiscal year, shall receive the within band salary increase effective the first full period they obtain career status and enter the bargaining unit provided the employee had not received the within band salary increase previously

Note: Compa-ratios are determined by dividing the employee’s rate of pay by the rate of pay of the midpoint of the employee’s pay band.

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