PREAMBLE

This Agreement is made and entered into by and between the State of Oregon (hereinafter the "Employer"), acting by and through its Department of Administrative Services on behalf of the Department of Environmental Quality (hereinafter the "Agency"), and the American Federation of State, County, and Municipal Employees, Local 3336 (hereinafter the "Union"), for the purpose of fixing wages, hours, benefits, conditions of employment and other matters affecting members of the bargaining unit as certified by the Employment Relations Board.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

ARTICLE 1 ‑ RECOGNITION

Section 1.

The Employer and the Agency recognizes the Union as the sole and exclusive bargaining agent for: All classified employees of the State of Oregon, Department of Environmental Quality, excluding supervisory, confidential, managerial, temporary, and part‑time employees working less than thirty-two (32) hours per month.

Section 2.

This Agreement binds the Union and any person designated by it to act on behalf of the Union. Likewise, this Agreement binds the Employer and the Agency and any person designated by it to act on its behalf.

ARTICLE 2 ‑ MANAGEMENT RIGHTS

The parties agree that the Employer and the Agency have the right to operate and manage the Agency, including, but not limited to the right to maintain order and efficiency; to direct employees and to determine job assignments and working schedules; to determine the methods, means, standards and personnel to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine whether the whole or part of the operation shall continue to operate; to recruit, examine, select and hire employees; to promote, transfer, assign and reassign employees; to suspend, discharge or take other proper disciplinary action against employees; to lay off employees; to recall employees; to require overtime work of employees; and to promulgate rules, regulations and personnel policies, provided that such rights shall not be exercised so as to violate any of the specific provisions of this Agreement.

ARTICLE 3 ‑ UNION RIGHTS

Section 1.

The Union will notify the Human Resources Manager of the Agency in writing of its representatives from District Council 75 who will be "Union Representatives."

Section 2.

Union Representatives will be allowed to visit the work areas of the employees during work hours, after advising the Human Resources Manager of the Agency, or his/her designee if the visit is in the Central Administrative Office, or the supervisor of the field office, or his/her designee, of their presence for the purpose of meeting with employees regarding matters affecting their employment. Such visits are not to interfere with the normal flow of work and are to be limited to nonduty time. Under circumstances where a Union Representative acts as a steward performing grievance investigation(s) and/or processing, this may occur during duty time.

Section 3.

The internal business of the Union shall be conducted by the employees during their nonduty hours.

Section 4.

Upon written request and approval of the Human Resources Manager, or designee, the Union may be allowed the use of the facilities of the Agency for meetings when such facilities are available and the meeting would not interfere with the business of the Agency.

Section 5.

The Agency shall furnish each new employee with notice provided by the Union that the Union is the certified collective bargaining representative.

Section 6.

Stewards and new employees shall each be granted fifteen (15) minutes of Union business time, during the new employee’s first thirty (30) days of employment, for the purpose of identifying the Union's status, organization benefits, facilities, related information and distributing and collecting membership applications. This time is not to be used for discussion of labor/management disputes. The Agency shall provide the Union at least ten (10) days notice of the time and place of any new employee group orientation meetings. In lieu of the orientation time referred to above, the Union may make a fifteen (15) minute presentation at the group orientation on behalf of the Union. If the presenter is an Agency employee, he/she will be allowed one (1) hour of Agency time including travel for this group presentation.

Section 7.

The Agency shall continue to provide reasonable bulletin board space for the use of the Union in communications dealing with social functions, meetings, elections, Union appointments and such other information as may be approved by the Agency's Human Resources Manager. Copies of bulletin board materials may also be distributed through the E‑Mail system.

Section 8.

Upon request and no more than once a month the Agency shall furnish to the Union an alphabetized listing of the names, classifications, and home addresses and division or regional office where employed of all new, transferred, or terminated employees in the bargaining unit. Upon request and no more than quarterly, the Agency shall furnish a listing with the same information as provided monthly of all employees in the Agency. Costs for additional information requests will be payable by the Union.

Section 9.

Upon receipt of the request in writing from represented employees, the Union shall be provided payroll deductions for its regular monthly dues in accordance with and as entitled to under ORS 292.055.

Section 10. AFSCME President Leave.

a. Long Term. Upon written request from the Executive Director of AFSCME Council 75 to DAS Labor Relations Unit, one (1) President/designee from an AFSCME Council 75 Central Table participating Agency shall be given release time from his/her position for a period of time up to one (1) year for the performance of Union duties related to the collective bargaining relationship. However, if the Union President/designee or Executive Director requests release time for less than his/her full regular schedule, such release time shall be subject to the Employer’s approval based on the operating needs of the employee’s work unit. AFSCME shall, within thirty (30) days of payment to the employee, reimburse the State for payment of appropriate salary, benefits, paid leave time, pension, and all other employer-related costs. Where this reimbursement is expressly prohibited by law or funding source, the employee shall be granted a leave of absence but the Employer will not be responsible for continuing to pay the employee’s salary and benefits. AFSCME shall indemnify and hold the State harmless against any and all claims, damages, suits, or other forms of liability which may arise out of any action taken or not taken by the State for the purpose of complying with this provision.

b. Short Term. Upon written request from the Executive Director of AFSCME Council 75 to DAS Labor Relations Unit and the Agency’s Human Resources Manager, up to four (4) Presidents/designees from AFSCME Council 75 Central Table participating Agencies shall be given release time from his/her position for a period of time up to three (3) months for the performance of Union duties related to the collective bargaining relationship. Only one (1) employee from a bargaining unit and a total of four (4) employees from all Central Table participating bargaining units may be on such leave at any one (1) period in time. Such requests will be granted unless the affected Agency can demonstrate that the employee’s absence would adversely impact the operating needs of the employee’s work unit. If granted, such time may also be taken on an intermittent basis. AFSCME shall, within thirty (30) days of payment to the employee, reimburse the State for payment of appropriate salary, benefits, paid leave time, pension, and all other employer-related costs. Where this reimbursement is expressly prohibited by law or funding source, the employee shall be granted a leave of absence but the Employer will not be responsible for continuing to pay the employee’s salary and benefits.

ARTICLE 4 ‑ LAWS AND REGULATIONS

This Agreement is subject to all applicable existing and future State and federal laws and regulations.

ARTICLE 5 ‑ UNIT CLARIFICATION

Any dispute or question concerning bargaining unit composition shall be resolved by the Employment Relations Board.

ARTICLE 6 ‑ EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

Section 1.

The provisions of this Agreement shall apply equally to all employees in the bargaining unit without regard to age, race, color, religion, sex, sexual preference, national origin, disability, marital status, or political affiliation. The Union further agrees that it will support the Agency's implementation of applicable federal and State laws, regulations, and guidelines including but not limited to Presidential Executive Order 11246 as amended by Presidential Executive Order 11375 and the Governor's Policy and Guidelines for Affirmative Action Plans in State agencies.

Section 2.

All complaints alleging any form of discrimination in violation of this Contract shall be submitted to the Director or his/her designee. A meeting with the complainant will be held within fifteen (15) calendar days of the receipt of the complaint. If satisfactory solution cannot be reached, the Director or the designee will communicate in writing, within thirty (30) calendar days from receipt of the complaint, the position of the Agency to the complainant and the Union. If the complaint is not resolved, the employee or the Union may submit such complaint to the Bureau of Labor and Industries, Civil Rights Division; except that complaints alleging discrimination because of sexual preference or political affiliation may be submitted to the Department of Administrative Services, Labor Relations Unit if unresolved by the Agency. The Department of Administrative Services, Labor Relations Unit will review the complaint, attempt to resolve it, and/or issue its findings to the employee and the Union.

ARTICLE 7 ‑ DEFINITIONS

Continuous Service: Uninterrupted employment with the Agency. An interruption is a separation from employment except for layoff.

Classification Specifications: A document established by Department of Administrative Services, Human Resources Services Division setting forth a class title, a statement of minimum qualifications, duties, authorities and responsibilities.

Day: Calendar day unless otherwise specified.

Promotion: Movement of an employee from a position in one class to a position in another class having a higher maximum salary rate.

Demotion: A movement of an employee from a position in one class to a position in another class having a lower maximum salary rate.

Dismissal: A complete separation of a regular status employee from State service for disciplinary reasons.

Regular Status Employee: An employee who successfully completes a trial service period.

Job Share Position: A full‑time position identified by the appointing authority in the classified service that is classified as one that may be held by more than one (1) individual on a shared time basis whereby the individuals holding the position work less than full time.

Part‑Time Employee: An employee in the bargaining unit who works thirty‑two (32) hours or more per month, but less than full‑time per month in a budgeted position (excluding job share, seasonal employees).

Seasonal Employee: An employee filling a position which occurs, terminates, and recurs periodically and regularly regardless of duration.

Underfilling: Employment of a person in a classification lower than the established class of the position.

Position Description: A written description of a position which contains the title, a statement of duties, authority and responsibilities.

Reemployment: A return by a former regular status employee to the Agency within a period of two (2) years from the date of separation.

Proration of Benefits: To divide or distribute entitlements, as provided by the Collective Bargaining Agreement. The proportional distribution shall be determined by the following method: Actual Hours in Paid Status/Divided by Total Regular Hours in the Month/Times the Entitlement's Value.

Paid Status: Compensable hours which include hours worked, or a combination of sick, vacation, personal, and compensable leaves.

Seniority: Unless otherwise indicated in this Agreement, seniority means continuous service with the Agency. All leave without pay (LWOP) periods that exceed fifteen (15) calendar days shall be deducted from the computation of continuous service.

Temporary Employee: As defined by Statute.

ARTICLE 8 ‑ AVAILABILITY OF THE PARTIES TO EACH OTHER

The parties agree that representatives of the Employer and the Union are each obligated to meet at reasonable times at the request of the other party for discussion of interpretation of the Agreement. Both parties pledge to meet expeditiously and in good faith.

ARTICLE 9 ‑ FAIR SHARE

Section 1.

On the first pay period of each month, the Agency shall deduct from the wages of employees in the bargaining unit who are members of the Union and who have requested such deductions pursuant to ORS 292.055 a sum equal to Union dues. This deduction shall begin on the first payroll period following such authorization and shall continue from month to month for the life of this Agreement.

Section 2.

Employees in the bargaining unit who are not members of the Union shall make payments in lieu of dues which shall be the equivalent of regular Union dues. Beginning with the first payroll period after the execution of this Agreement and on each period thereafter, the Agency will deduct from the wages of each bargaining unit employee who is not a Union member the payments in lieu of dues required by this Article. Similar deductions will be made in a similar manner from the wages of new bargaining unit employees who do not become members of the Union within thirty (30) days after the effective date of their employment. The Agency shall remit a payment for all said deductions to the Union by the 20th of the month after the deductions are made. Said payment shall be accompanied by a listing of the names and employee identification numbers of all employees from whom deductions were made.

Section 3.

Dues and payments in lieu of dues for employees working less than twenty (20) hours per week will be on a prorated basis as outlined by Union policy. It shall be the responsibility of the Agency's Human Resources Department to notify the Union of employee's names and social security numbers working less than twenty (20) hours per week or less than thirty‑two (32) hours per month for the purpose of prorating dues or fair share.

Section 4.

During the life of this Agreement, the Union will notify the Agency periodically of individuals who have become members of the Union and to whom the fair share provisions of this Article will not thereafter apply.

Section 5.

Any employee who is a member of a church or religious body having bona fide religious tenets or teachings which prohibit association with a labor organization, or the payment of dues to it, shall pay an amount of money equivalent to regular Union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the Union. The employee shall furnish written proof to the Agency that this has been done.

Notwithstanding an employee's claim of exemption under this Section, the Agency shall deduct payments in lieu of dues from the employee's wages pursuant to this Article, until agreement has been reached between the employee and the Union.

Section 6.

The Union shall provide the Agency Payroll Office with Union application/authorization forms. Human Resources Department shall supply said applications to prospective members upon request, and shall process completed applications forwarding a copy to the Union immediately upon receipt.

Section 7.

The Union agrees that it will indemnify, defend and save the Employer and the Agency harmless from all suits, actions, proceedings, and claims against the Employer and the Agency or person(s) acting on behalf of the Employer and the Agency whether for damage, compensation, reinstatement, or combination thereof arising out of the Agency's implementation of this Article.

ARTICLE 10 ‑ LIMITED DURATION APPOINTMENTS

Section 1.

Persons may be hired for special studies or projects of uncertain or limited duration which are subject to the continuation of a grant, contract, award or legislative funding for a specific project. Such appointments shall be for a stated period normally not exceeding two (2) years but shall expire upon the earlier termination of the special study or projects.

Section 2.

a. Newly hired persons on a limited duration appointment in a limited duration position shall not be entitled to any layoff rights under this Agreement. All employees with limited duration appointments in permanently-vacated permanent positions shall be entitled to layoff rights after twenty-four (24) months of continuous employment.

b. If a limited duration position becomes permanent, then the employee in that position may be offered that position in accordance with Article 16 (Filling of Vacancies).

c. An employee appointed from permanent regular status in the Agency to a limited duration appointment in the Agency shall be reinstated to his/her former permanent regular status classification in the Agency when the limited duration appointment is terminated. If the employee is appointed to a subsequent limited duration appointment(s) prior to reinstatement to his/her former permanent regular status classification, the employee shall retain his/her right to such reinstatement. First priority shall be given to offering reinstatement position within the former work location. If a position is not available within the former work location, a reinstatement position shall be offered in some other work location. Such return rights shall not apply if charges are filed and he/she is discharged as provided in Article 12 (Discipline and Discharge).

Section 3.

A person accepting a limited duration appointment shall be notified of the conditions of the appointment and acknowledge in writing that they accept that appointment under these conditions. Such notification shall include the following.

a. That the appointment is of limited duration.

b. That persons who accept a limited duration appointment shall have no layoff rights under this Agreement except those provided under Section 2 (a) and (b) of this Article.

c. That in all other respects, limited duration appointees have all rights and privileges of other classified employees including but not limited to wages, benefits, and Union representation under this Agreement.

Section 4.

New or current employees can be hired into permanent positions under limited duration status under the following conditions.

a. The position has been temporarily vacated due to job rotation, limited duration, extended leaves.

b. The position is known to have limited work and funding, not to exceed two (2) years.

c. The position is newly created by legislative action or is currently vacant.

ARTICLE 11 ‑ AGENCY PERSONNEL POLICIES

The Agency shall provide a copy of its written personnel policies to the Union. An up‑to‑date copy of current personnel policies shall be made available in every Division to employees.

When a change of policy occurs, a copy of the change will be mailed to the Union and notification will be provided to all affected employees.

ARTICLE 12 ‑ DISCIPLINE AND DISCHARGE

Section 1.

The principles of progressive discipline shall be used. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause.

Section 2.

a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services, Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure).

b. An FLSA-non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA-exempt employee demoted or suspended consistent with the salary basis requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed to Step 2 of the Grievance Procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure).

Section 3.

A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency's Director or designee at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Director, the employee may be suspended with pay or be allowed to continue work as specified within the predismissal notice. The predismissal notice will not be included in the employee’s official personnel file. Following the predismissal meeting, a copy of a letter to the employee, summarizing the charges and notifying the employee of the Director’s or designee’s decision shall be placed in the employee’s official personnel file.

Section 4.

If the Agency has reason to discipline an employee it shall be done in a manner which will not embarrass or humiliate the employee in front of other employees or the public.

Section 5.

Unauthorized absence of the employee from duty shall be deemed to be without pay and may be grounds for disciplinary action by the Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if extenuating circumstances existed. Any employee who is absent for five (5) consecutive workdays without authorized leave shall be deemed to have resigned unless prevented from notifying the Employer due to circumstances beyond their control.

Section 6.

All notices of predismissal, suspension, reduction, written reprimand, demotion and dismissal shall be forwarded to the Union on the same day as the employee is notified.

Section 7.

Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local union steward or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay.

ARTICLE 13 ‑ GRIEVANCE PROCEDURE

Section 1.

Grievances are defined as acts, omissions, applications, meaning or interpretation alleged to be violations of the terms and conditions of this Agreement.

Section 2.

It is the intent of the Agency and the Union to resolve employee problems and complaints, or differences in the interpretation of the contract, by informal methods if possible. Such informal methods may include, but are not limited to, collaborative problem-solving. Furthermore, the Agency may, at its sole discretion, permit Union participation in circumstances where such participation is not required by law or this contract. However, if the Union or an employee desires a formal resolution of any grievance or dispute, which arises concerning the application, meaning, or interpretation of this Agreement (except complaints of discrimination in Article 6), such grievance shall be resolved as provided under Section 3 of this Article.

Section 3. Grievance Steps.

STEP 1. Any affected employee with the Union, or the Union on an employee's behalf, may file a grievance in writing with his/her immediate excluded supervisor within thirty (30) calendar days of the date of the alleged breach of this Agreement, or of the date the Union or employee knew or should have known of the alleged breach. The grievance shall include: (a) a statement of the grievance and relevant facts; (b) the specific provision or provisions of the Agreement alleged to be violated; and (c) the remedy sought. The supervisor or management designee shall respond in writing to the grievance within fifteen (15) calendar days to the employee, with a copy to the Union.

STEP 2. If the grievance remains unresolved at STEP 1, it may be appealed to the Agency Director within fifteen (15) calendar days after the response required by STEP 1 was due. The Agency Director or his/her designee shall respond in writing within fifteen (15) calendar days after receipt of the grievance.

Section 4. Department of Administrative Services Review.

If the grievance remains unresolved at STEP 2, the Union may file the grievance with the Department of Administrative Services, Labor Relations Unit, within fifteen (15) calendar days following receipt of the response at STEP 2. The Department of Administrative Services shall respond within fifteen (15) calendar days following receipt of the appeal to the Department of Administrative Services.

In the event the response from the Department of Administrative Services is acceptable to the Union, such response shall have the same force and effect as a decision or award of an arbitrator, and shall be final and binding on all parties and they will abide thereby.

Section 5. Submission to Arbitration.

Any grievance, having progressed through the Steps as outlined in this Agreement and remaining unresolved following Department of Administrative Services review, may be submitted to arbitration for settlement. To be valid a request for arbitration must be in writing and received by the Department of Administrative Services within fifteen (15) calendar days of the receipt of the response from the Department of Administrative Services review process.

Failure to file a valid arbitration request within the specified fifteen (15)-calendar day period shall constitute forfeiture of claim and the case shall be considered closed by all parties.

If arbitration is requested, the parties shall meet to attempt to formulate a submission agreement to be forwarded to the arbitrator.

Section 6. Mediation.

Subsequent to a valid arbitration request and prior to the selection of an arbitrator, either the Department of Administrative Services or the Union may request mediation of the grievance. If agreed to by both parties, mediation will be scheduled and conducted by the Conciliation Service Division of the Employment Relations Board. Mediation is not a mandatory step of the grievance procedure.

Section 7. Selection of the Arbitrator.

In the event that arbitration becomes necessary the Union and the Department of Administrative Services will jointly request from the Employment Relations Board the names of five (5) qualified arbitrators. They will select an arbitrator by alternately striking names, with the moving party striking first, from the Employment Relations Board list one (1) name at a time until only one (1) name remains on the list. The name remaining on the list shall be accepted by the parties as the arbitrator and arbitration hearings shall commence within fifteen (15) calendar days thereafter, unless otherwise mutually agreed by the parties.

Section 8. Arbitrator's Authority.

The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby. The arbitrator shall have no authority to add to, subtract from, or change any of the terms of this Agreement, to change an existing wage rate or establish a new wage rate. The arbitrator shall have the power to return a grievant to employee status, with or without back pay, or to mitigate the penalty as equity suggests under the facts.

Section 9. Expenses of Arbitration.

Arbitrator fee and expenses shall be paid by the losing party. If, in the opinion of the arbitrator, neither party can be considered the losing party, then such expenses shall be divided as in the arbitrator's judgment is equitable. All other expenses shall be borne exclusively by the party requiring the service or item for which payment is to be made.

Section 10.

Employees are entitled to act through a Union Representative or Shop Steward to initiate a grievance. Employees are entitled to representation by a Shop Steward at the first and/or second step or by a Union Representative at any step in this Article.

Section 11.

Once a bargaining unit member files a grievance, the employee shall not be required to discuss the subject matter of the grievance without the presence of the Union Representative or Shop Steward.

Section 12.

If five (5) or more employees file a grievance on exactly the same issue, it shall be heard at STEP 2 of the procedure outlined in this Article and treated as a group grievance.

Section 13.

Time limits may be extended by agreement of the parties.

Section 14.

Failure of the aggrieved party to comply with the time limits outlined above shall constitute abandonment of the grievance.

ARTICLE 14 ‑ SHOP STEWARDS

Section 1.

A reasonable number of Shop Stewards shall be allowed to ensure access to all Agency employees. The Union shall select Stewards and will make every effort to ensure that a sufficient number are available to represent all bargaining unit members. The Union shall immediately notify the Human Resources Manager of the names of Shop Stewards and their work locations. The Union shall update the list as changes occur.

A bargaining unit member may select from available Stewards for representation in an investigation or grievance. Selection of a Steward is subject to Section 2 provisions.

Section 2.

Stewards may receive, but not solicit, and may discuss complaints and grievances of employees on the premises and time of the Agency, but only to such extent as does not neglect, retard or interfere with the work and duties of the Shop Stewards or with the work or duties of employees. No Steward will be granted per diem, transportation costs, overtime, or travel time to investigate grievances away from the Steward's work site. Upon notice to their immediate supervisor, Shop Stewards shall be granted reasonable time off during regularly scheduled working hours without loss of pay or other benefits to investigate grievances. No more than one (1) Steward at a time shall be granted such time to investigate the same grievance. For training purposes, a second Steward may attend grievance discussions on paid time on a case-by-case basis subject to management approval.

If the permitted activities would interfere with either the Shop Steward's or the grievant's duties, the direct supervisor(s) shall, within the next working day, arrange a mutually satisfactory time for the requested activities. Time spent in grievance activities without the proper notification and release by the supervisor(s) involved will be considered unauthorized leave without pay for both the Shop Steward and the grieving employee. Each Shop Steward shall maintain and furnish to his/her immediate supervisor, on the regular monthly time distribution sheet, a record of dates and times spent on the functions described in this Article.

Section 3.

The Agency agrees there shall be no reprisal, coercion, intimidation or discrimination against any Shop Steward for the conduct of the functions described in this Article.

Section 4.

At the Union's request and subject to the operating requirements of the Agency, Shop Stewards for the Union shall be granted personal leave, accrued vacation leave, accrued compensatory time, or leave of absence without pay to attend Union recommended trainings.

ARTICLE 15 ‑ PERSONNEL RECORDS

Section 1.

An employee may, upon request, inspect and obtain a copy of the contents of his/her official Agency personnel file and his/her manager’s working files regarding the employee. No grievance shall be kept in the personnel files after the grievance has been resolved except the resolution.

Section 2.

No information reflecting critically upon an employee shall be placed in the employee's personnel files that does not bear the signature of the employee. The employee shall be required to sign such material to be placed in his/her personnel file provided the following disclaimer is attached:

"Employee's signature confirms only that the supervisor has discussed and given a copy of the material to the employee, and does not indicate agreement or disagreement."

If an employee is not available within a reasonable period of time to sign the material or the employee refuses to sign the material, the Agency may place the material in the files provided a statement has been signed by two (2) management representatives that a copy of the document was mailed to the employee at his/her address of record. A copy will also be mailed to the Union.

Section 3.

If the employee believes that any of the above material is incorrect or a misrepresentation of facts, the employee shall be entitled to prepare in writing an explanation or opinion regarding the prepared material. This shall be included as part of the personnel record until the material is removed.

Section 4.

An employee may include in the personnel files copies of any relevant material the employee wishes, such as letters of favorable comment, licenses, certificates, college course credits or any other material which reflects credibly on the employee.

Section 5.

Records of disciplinary action and memos of expectation shall be retained for a maximum of three (3) years. At the employee's request, specifically identified materials reflecting caution, warning, admonishment, and disciplinary action will be removed two (2) years after the effective date of the action provided no incident of a similar nature has been documented in the intervening time. This early removal provision does not apply to memos of expectation or performance reviews. Any period of leave of absence without pay that is more than fifteen (15) days shall extend the retention period for that duration of leave.

ARTICLE 16 ‑ FILLING OF VACANCIES

Section 1.

The Agency desires to fill vacancies with the best qualified applicants available. Within that context, the Agency intends to insure that protected classes are given an opportunity to compete for all openings within the bargaining unit.

The Agency will determine whether and how a vacancy is to be filled, and will make the determination of which individual will fill the vacancy. Subject to the requirements of affirmative action and equal employment opportunity, where two (2) or more employees are equally qualified for the position, which qualifications will include if applicable, but not necessarily be limited to work performance, work history, education, training, experience, skills, achievements, knowledge, references, licenses and certifications, the vacancy shall be given to the employee who has the greater seniority with the Agency. The Union may appeal these determinations through the grievance procedure.

Section 2.

The employee is responsible for preparation for advancement and qualifying for promotion within the bargaining unit. Education and training shall be as provided under Article 23.

Section 3.

Employees will be notified of bargaining unit vacancies to be filled competitively by a posting on the bulletin board and E‑Mail. This posting will be for a minimum of five (5) days.

ARTICLE 17 ‑ TRIAL SERVICE

Section 1.

All employees appointed to a position shall serve a trial service period of six (6) months except:

a. Employees having served at least two (2) years in the same classification and promoted within the same work unit, under the same supervisor;

b. Former employees having served at least two (2) years in the same classification and re‑employed in the same classification and in the same work unit after an absence of less than two (2) years.

Employees under sub (a) and (b) shall serve a three (3)-month trial service period. Any such abbreviation of trial service shall not alter the required six (6)-month period necessary to receive a Merit Salary Increase as provided for under Article 34 of this Agreement.

Section 2.

At any time during the trial service period, the Agency may remove an employee if, in the judgment of the Agency, the employee is unable or unwilling to perform his/her duties satisfactorily or if in the judgment of the Agency his/her habits and dependability do not merit his/her continuance in the position.

If such employee was previously a regular status employee in another bargaining unit position in the Agency immediately prior to his/her present appointment, he/she shall be reinstated to his/her former classification unless charges are filed and he/she is discharged as provided in Article 12 (Discipline and Discharge).

Section 3.

An employee who is transferred or demoted to another position in the Agency prior to the completion of the trial service period shall complete a new trial service period of six (6) months.

Section 4.

An employee's trial service period shall not be extended except in instances where an employee has a leave of absence or is on Hardship Leave. A leave of absence or Hardship Leave shall extend the trial service period by the number of calendar days of the leave taken by the employee.

Section 5.

If an employee is removed from his/her position during his/her trial service period the employee shall not have rights to appeal the Agency's decision.

ARTICLE 18 ‑ CLASSIFICATION AND CLASSIFICATION CHANGES

Section 1. Work Out of Classification.

a. When an employee is assigned, in writing, by the Agency for a limited time period to perform the major distinguishing duties of a position at a higher level classification for five (5) consecutive workdays, or forty (40) consecutive work hours, that employee shall be paid at the first step in the assigned classification or five percent (5%) more than his/her current rate of pay, whichever is greater.

When such assignments are made to work out of classification for five (5) consecutive workdays, the employee shall be compensated for all hours worked beginning from the first day of the assignment and for the full period of that particular assignment.

b. An employee who is underfilling a position shall be informed in writing that he/she is an underfill, the reasons for the underfill, and the requirements necessary for the employee to qualify for reclassification to the allocated level. Upon gaining regular status and meeting the requirements for the allocated level to the position, the employee shall be reclassified.

c. An employee who accepts duties out of class for training or developmental purposes shall have an agreement in writing of the purpose and length of the assignment during which there shall be no extra pay for the work. Such assignment shall not exceed twelve (12) months. A copy of the notice shall be placed in the employee's file.

Section 2. Revision of Classification Series.

a. Prior to implementation of new classifications, or major revisions of existing classifications, the parties will negotiate rates of pay, effective date and method of implementation.

b. Should the Agency establish a new classification or materially revise an existing classification during the life of this Agreement, the parties shall meet and negotiate the salary range for the new or revised classification.

c. Employees shall be informed of their allocation into the new classification system by the Employer. Appeals to position allocation in the new classification system shall be filed by the employee with the Human Resources Manager. Such appeals shall be forwarded to a Department of Administrative Services Review Committee consisting of two (2) members designated by the Employer, and two (2) members designated by the Union. All allocation appeals shall be resolved in the manner which has been established for all AFSCME allocation appeals during recent negotiations at the State central table.

Section 3. Reclassification Procedure.

a. A completed Position Description Form and written explanation for a proposed reclassification request shall be submitted to the Agency Human Resources Office.

b. The Agency shall review and verify the duties assigned to the position. Within thirty (30) days after receipt of reclassification request, the Agency shall notify the Union of its findings. If the findings indicate reclassification, the Agency shall decide to seek approval if necessary or remove the duties.

Section 4. Upward Reclassification.

When a position is reclassified upward a regular incumbent shall be continued in the position. He/she shall be advanced to the higher class with the same status held in the lower class if he/she meets minimum experience and training requirements. When a position is reclassified upward and the incumbent does not have regular status, the position will be filled competitively at the higher level.

Section 5. Downward Reclassification.

a. When a position is reclassified to another class at the same pay level or to a class that carries a lower salary range, the incumbent trial service or regular employee shall be accorded corresponding status in the new class.

b. The Agency shall notify an employee in writing of a downward reclassification of the employee's position, and the specific reasons for doing so within thirty (30) days prior to the effective date.

c. When an employee is reclassified downward, the employee's rate of pay shall be the last salary rate earned in the salary range of the previous classification. It shall remain at that rate until a rate in the salary range of the new classification exceeds it, at which time the employee's salary shall be adjusted to that step and the salary review and eligibility date shall be established one (1) year from that date, provided the employee is not at the maximum of the salary range to which the employee was reclassified.

d. No employee with the same duties within the same classification in the same geographic area shall be reclassed downward while other employees with less service credits remain in the original class.

Section 6. Equal Reclassification Rate.

When an employee is reclassified to a class having the same salary range, his/her rate of pay will not be changed.

Section 7. Pay for Upward Reclassification.

Rate of pay upon upward reclassification shall be the first step of the new salary range, unless the old salary rate was higher than the first step of the new salary range, then whatever step of a new salary range constitutes a pay increase. If the new salary rate is less than a four percent (4%) increase, then the employee's rate shall be the next step of the new salary range. In no case shall it exceed the new salary range maximum.

Section 8. Pay Date of Upward Reclassification.

a. Effective date of reclassification payment shall be the first of the month following the month in which the reclass request was received by the Department of Administrative Services.

b. The employee does not retain his/her old eligibility date and will be eligible for salary increase the first of the month following twelve (12) months in the new class.

Section 9. Pay for Upward Reclassification Denial.

If the Legislature or the Department of Administrative Services does not approve the reclassification request, the employee shall be paid the rate of pay of the higher level classification from the first of the month following the month in which the reclass request was received by the Agency Personnel Officer to the date the duties were removed.

Section 10.

a. If an employee's reclass request is denied pursuant to Section 3 of this Article, or an employee's position is to be reclassified downward pursuant to Section 5 of this Article, the Union may appeal the decision to the Agency Administrator or designated representative within fifteen (15) calendar days after receipt of the Agency's decision. The written appeal must state:

The reason(s) why the Agency's decision is arbitrary.

The Agency shall respond in writing within fifteen (15) calendar days from the receipt of the Union's appeal.

b. If the Agency's response does not resolve the matter, the Union may within fifteen (15) calendar days from the date of the Agency response, appeal the decision to arbitration under this Article of this Agreement. The selection of an arbitrator shall be pursuant to Section 4 of Article 13 (Grievance Procedure). The appeal must be in writing and sent to the Labor Relations Unit of the Department of Administrative Services within fifteen (15)-calendar days after receipt of the Agency's written response in sub (a) of this Section. The appeal must state the following:

The reason(s) why the Agency's decision is arbitrary.

The arbitrator shall allow the decision of the Agency to stand unless he/she finds the decision was arbitrary.

If the arbitrator finds the Agency's decision is arbitrary, the arbitrator's authority shall extend only to stating if the employee's current classification is inappropriate. If the arbitrator finds the employee's current classification is inappropriate, he/she shall refer the issue to the Agency for reconsideration. The Agency shall either remove the higher level duties or reclassify the position. The arbitrator shall have no power to substitute his/her discretion for the Agency's discretion on classification matters.

This Section shall supersede Section 5 of Article 13 (Grievance Procedure) on the delineation of the arbitrator's authority on matters spoken to in this Article.

ARTICLE 19 ‑ CONTRACTING OUT

The Agency may determine to contract or subcontract work provided that as to work which is presently and regularly performed by employees in the bargaining unit, the Agency agrees to notify the Union and negotiate the impact of the pending action. It is specifically understood that such negotiations are not required in (1) emergency situations, (2) where the impact is minimal (and not mandatory), or (3) where the assignment of work currently being performed by the bargaining unit members is transferred to other State facilities as provided for by statute.

ARTICLE 20 ‑ LAYOFF

As the Agency values stability in the workforce and the talents and contributions of its employees, the Agency will make a good faith effort to implement other workforce adjustment measures before implementing layoff. Other workforce adjustment measures include, but are not limited to, reassignment of employee to existing budgeted vacancies where qualified, voluntary resignations, demotions, work-week reductions or furloughs.

Section 1.

A layoff is defined as a separation from the service for involuntary reasons not reflecting discredit on an employee. An employee and the Union representative shall be given written notice of layoff as far in advance as possible but not less than fifteen (15) calendar days before the effective date, stating the reasons for the layoff.

Section 2.

Up to two (2) employees per Division may be protected from layoff for up to ninety (90) days if their loss would demonstrably work a hardship on the operation of the Agency. Extensions may be granted by mutual agreement of the parties.

Section 3.

The layoff procedure shall occur in the following manner:

a. The Agency shall determine the specific positions to be vacated and employees in those positions shall be notified of layoff. The Agency shall notify, in writing, all affected employees of his/her seniority and his/her contractual bumping rights. The Agency shall notify the Union of the seniority of all employees in all affected positions in writing. The Agency shall also post a copy of the seniority of all affected positions in the geographic area on the employee bulletin board.

b. Temporary and contractual employees working in the classification and geographic area in which a layoff occurs shall be terminated prior to the layoff of trial service or regular employees.

c. Employees shall be laid off and seniority calculated within a geographic area. An initial trial service employee can not displace any regular status employee.

d. An employee notified of a pending layoff shall select one (1) of the following options and communicate such choice in writing to the Human Resources Manager within five (5) calendar days from the date the employee is notified in writing. The following points apply to options 1 through 3 below:

· If the employee with the lowest seniority is part-time and the employee electing to displace the lowest seniority employee is full-time, the full-time employee shall convert to part-time and shall work only the number of hours per week as the displaced part-time employee, unless more hours are mutually agreed to by both parties.

· If the employee with the lowest seniority is full-time, and the employee electing to displace the lowest seniority employee is part-time, the part-time employee shall convert to full-time and shall work forty (40) hours per week, unless fewer hours are mutually agreed to by both parties

1. The employee may displace an employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographical area in the Agency where the layoff occurs.

2. The employee may displace an employee in the Agency with the lowest seniority in a position in a classification with the same salary range (lateral) for which he/she is qualified in the same geographic area where the layoff occurs, provided that he/she has previously completed trial service in a position in that classification with the Agency.

3. The employee may demote, which may result in the displacement of another employee, to the lowest seniority position in any classification for which he/she is qualified within the Agency and geographic area. Employees who elect to demote shall be placed on any geographic area layoff list of his/her choice, within the Agency, for the classification from which he/she demoted.

4. The employee may elect to be laid off. An employee who elects to be laid off shall be placed on any geographic area layoff list of his/her choice, within the Agency, for the classification from which he/she was laid off.

e. To be qualified for the options under Section 3(d) (1) (2), and (3) the employee must meet all of the minimum qualifications for the position's classification and must be capable of performing the specific requirements of the position as stated in the position description within two (2) weeks. An employee who is seeking to bump another employee has no right to a trial service period of any duration in the position into which the employee is attempting to bump. Further, the two (2)-week time period is for the purposes of orienting an employee to the position, not training the employee to perform the work. Therefore, it is necessary that the employee can perform all of the core duties and responsibilities of the position as determined by the Agency prior to bumping into the position.

If an employee meets the minimum qualifications but is not capable of performing the specific requirements of the lowest seniority position, he/she may displace or demote to the next lowest seniority position in the classification, provided that the incumbent in the next lowest position has a lower seniority than the employee displacing or demoting and that the employee is capable of performing the specific requirements of the position.

f. When exercising an option under Section 3 (d) (1), (2), and (3) an employee shall only be eligible to displace another employee with a lower seniority.

g. Job Share.

1. Individuals filling a job‑sharing position which totals a full‑time equivalent at the time of calculation of seniority shall be considered as two (2) part‑time employees.

2. Seniority for prior non‑job‑share time shall be determined by giving the employee one (1) point per month for any full‑time worked and pro rata credit for each month spent on the job in less than full‑time capacity.

3. If employees in a job‑share position are to be treated as part‑time employees, seniority for the position shall be determined on a prorated basis as per part‑time seniority computation.

h. If an employee is overfilling or underfilling a position, the employee will be considered in the position classification for the purposes of this Article. If an overfill employee is displaced, demoted in lieu of layoff, or is laid off, the employee shall retain his/her overfill status upon return to his/her classification.

i. Any employee displaced by another employee exercising options under Section 3 (d) (1), (2), and (3) may also exercise any option under Section 3 (d).

Section 4.

Computation of seniority for regular status employees shall be made as follow:

a. One (1) point per month for each full month of unbroken service in State service excluding temporary service. A break in service is a separation or interruption of employment without pay of more than two (2) years. All part‑time service shall be credited on a prorated basis. Periods of authorized leave without pay will be deducted from seniority calculations. When a layoff is announced, seniority scores shall be frozen on that date until the layoff and any subsequent bumping activity is completed.

b. If two (2) or more employees have equal seniority, the tie shall be broken as follows, with most credit given to:

1. Length of continuous service with the Agency;

2. Length of continuous service in the job classification.

Section 5.

Any trial service employee who is laid off or demoted in lieu of layoff shall not be placed on the Agency layoff list, but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list.

Section 6.

Regular seasonal employees laid off prior to the end of the season shall be placed in order of seniority on the Agency layoff list for seasonal reappointment. The eligibility for such seasonal employees shall be canceled at the end of each season. At the completion of a season, all seasonal employees shall be terminated without regard to seniority. Regular seasonal employees terminated at the end of the season shall be placed on the reemployment roster in order of seniority and shall be recalled by geographical area the following season in order of seniority to the extent that work is available to be performed.

Section 7.

Any employee demoted in lieu of layoff may request at that time and shall be paid for all accrued compensatory time at the rate being earned prior to demotion in lieu of layoff.

Section 8. Agency Layoff Lists.

Names of regular employees of the Agency who have separated from the service of the State in good standing by layoff or who have demoted in lieu of layoff shall be placed on layoff lists in seniority order established by the classification from which the employee was laid off or demoted in lieu of layoff and by geographical area.

The employee shall designate, in writing, the geographic area layoff list(s) on which he/she wishes to be placed. The term of eligibility of candidates placed on the list shall be two (2) years from the date of placement on the list.

Section 9. Recall.

Employees who are on an Agency layoff list shall be recalled by geographic area in seniority order beginning with the employee with the highest seniority who meets all of the minimum qualifications for the position's classification and who is capable of performing the specific requirements of the position as stated on the position description within two (2) weeks. An employee who is seeking recall has no right to a trial service period of any duration in the position into which the employee is attempting to return. Further, the two (2)-week time period is for the purposes of orienting an employee to the position, not training the employee to do the work. Therefore, it is necessary that the employee can perform all of the core duties and responsibilities of the position as determined by the Agency prior to being recalled to the position.

If an employee on a layoff list is offered a position, he/she may refuse the position, but his/her name will be removed from the layoff list in that geographic area.

An employee appointed to a position from a layoff list shall be removed from all other layoff lists.

If a temporary appointment is necessary in any geographic area and is expected to last longer than forty‑five (45) days and there is a layoff list for that classification in the geographic area, employees on the layoff list shall first be offered the temporary appointment prior to hiring any other temporary. Not accepting a temporary job does not constitute a right of refusal under this Section. This shall only apply to employees separated from State service. Such employees shall be appointed as a temporary employee, remain on the layoff list, and will not be eligible for any benefits covered under this Agreement.

Section 10. Secondary Recall Rights.

a. Application. These rights apply to all employees in bargaining units represented by AFSCME at Central Table negotiations as well as the Department of Corrections and Board of Parole except employees who are laid off during initial trial service.

b. Definitions.

1. Geographic Areas, for the purpose of secondary recall, are each location for which an employee may indicate his/her willingness to relocate on the State’s PD100.

2. Agency Layoff Lists are intra-agency layoff lists, as defined in each AFSCME Central Table Agency and/or Department of Corrections and Board of Parole bargaining unit Contract.

3. Secondary Recall List is an inter-agency layoff list, which consists of regular status employees who have been separated by layoff from Union-represented positions in AFSCME Central Table Agencies and/or Department of Corrections and Board of Parole and who have elected to be placed on such list, consistent with the definitions of geographic areas defined above.

c. Coordination with Filling of Vacancy and Layoff Articles. The recall options provided herein shall be consistent with the priority of recall to positions from layoff within an Agency, as specified within each Agency’s contract, except that recall from Agency Layoff Lists shall take precedence over recall from the Secondary Recall List.

d. Procedures.

1. Placement on the Secondary Recall List.

A. Regular status employees who are separated from the service of the State in good standing (meaning no record of economic disciplinary sanctions in his/her personnel file) by layoff or transferred outside State government due to intergovernmental transfer shall, in addition to their right to be placed on the Agency Layoff List, be given the option of electing placement on the Secondary Recall List by geographic area for other AFSCME-represented bargaining units which utilize the same or successor classification from which they were laid off. The term of eligibility of candidates placed on the list shall be two (2) years from the date of layoff. When an employee is prohibited from participating in the secondary recall process due to the presence of an economic disciplinary sanction in his/her personnel file, that employee may request and shall be placed on the Secondary Recall List for the remainder of the two (2) years eligibility following layoff once the discipline has remained in the file for the length of time required by the agency’s contract.

B. Employees who elect to be placed on the Secondary Recall List shall specify in writing the AFSCME Central Table and/or Department of Corrections and Board of Parole bargaining units and geographic areas to which they are willing to be recalled.

2. Use of the Secondary Recall List.

A. After the exhaustion of the Agency Layoff List for a specific classification within a geographic area, the Secondary Layoff List shall be used to fill all positions within a specific classification and geographic area consistent with Section (c) above, until such secondary list is exhausted

B. To be eligible for appointment from the Secondary Recall List, a laid -off employee on such list must meet the minimum qualifications for the classification and any special qualifications for the position.

C. Agencies shall utilize the Secondary Recall List to fill positions by calling for certifications from the list of the five (5) most senior employees who meet the minimum qualifications for the classification and any special qualifications for the position to be filled by selecting one (1) of the five (5) so certified. Seniority for this purpose shall be computed as described per the layoff article of each Agency’s contract.

D. Where fewer than five (5) eligible employees remain on the Secondary Recall List, the Agency shall select one (1) of these employees who meets the minimum qualifications for the class and any special qualifications for the position.

3. Appointments/Refusals of Appointments from Secondary Recall List.

A. A laid off employee on the Secondary Recall List who is offered an appointment from the list and refuses to accept the appointment shall have his/her name removed from the Secondary Recall List; however, an Agency will not remove an employee’s name from the Secondary Recall List where that individual had been a day shift employee and subsequently refuses the offer of a position with swing shift or night shift hours.

B. Employees appointed to positions from the Secondary Recall List shall have their names removed from their Agency Layoff List(s) and the Secondary Recall List.

C. Employees appointed to positions from the Secondary Recall list shall serve a trial service period not to exceed three (3) full months except that employees hired into the Offender Information and Sentence Unit as Prison Team Analyst (PTA) shall serve a trial service period consistent with the DOC agreement. Administration of the trial service period shall be consistent with the DOC agreement. Administration of the trial service period shall be consistent with the hiring Agency’s contract. However, employees who fail to successfully complete this trial service period shall have their names restored to the Agency Layoff List(s) on which they previously had standing. Restoration to the Agency Layoff List(s) shall be for the remaining period of eligibility that existed at the time of appointment from the Secondary Recall List. An employee may also petition the DAS-Labor Relations Unit to also be restored to the Secondary Recall List for the remainder of the initial twenty-four (24)-month recall period where the trial service removal was not related to potential misconduct warranting an economic or dismissal sanction. In no instance shall the DAS-Labor Relations Unit’s decision be grievable.

D. Employees appointed to positions from the Secondary Recall List shall not be entitled to moving expenses.

Section 11. Geographic Area.

1. Northwest Area

DEQ Headquarters, Laboratory, Warrenton, Northwest Region,

Portland Area VIP, Tillamook

2. Willamette Valley Area

Salem, Eugene

3. Southwest Area

Medford, Roseburg, Coos Bay, Grants Pass, Medford VIP

4. Central Area

Bend, Klamath Falls

5. Eastern Area

Pendleton, Baker City, The Dalles, Hermiston

Section 12.

Any temporary interruption of employment because of lack of work or unexpected or unusual reasons, except Article 27 (Inclement Conditions), beyond the Employer's control which does not exceed fifteen (15) consecutive days and is not due to lack of funds, shall not be considered a layoff if, at the termination of such conditions, employee(s) are to be returned to employment. Such interruptions of employment for FLSA non-Exempt employees shall be recorded and reported as leave without pay, unless the employee opts to use accrued vacation leave, personal leave or compensatory time off during the period of the temporary interruption of work. For FLSA Exempt employees, the employee may exercise the option to use accrued vacation leave, personal leave or compensatory time off for temporary interruptions of employment that last one or more full workweeks, but for partial workweeks the employee is paid. Employees remaining on duty during the temporary interruption will be selected by seniority within classification.

When the Employer declares that a temporary interruption of employment should be considered because of lack of funds, either party may provide the other with written notice to meet and discuss possible terms of such interruption or alternative options. Such meeting must occur within thirty (30) days of the declaration. Terms and alternatives shall be subject to mutual agreement by the Union and the Employer. The parties agree that any and all discussions that take place under this Section shall not be subject to the complete agreement articles of any of the agreements or constitute interim negotiations under PECBA. In addition, the parties will not be required to use the dispute resolution process contained in the PECBA.

ARTICLE 21 ‑ PAYDAY AND PAY ADVANCES

Section 1.

All employees shall normally be paid no later than the first of the month. When a payday occurs on Monday through Friday, payroll checks shall be released to employees on that day. When a payday falls on a Saturday, Sunday or holiday, employee paychecks shall be made available after 8:00 a.m. on the last working day of the month. When an employee is not scheduled to work on the payday, the paycheck may be released prior to payday if the paycheck is available and the employee has completed the "Request for Release of Payroll Check" Form AD20. However, the employee may not cash or deposit the check prior to the normal release day. Any violation of this provision shall be cause for disciplinary action. The release day for December paychecks dated January 1 shall be the first working day in January to avoid the risk of December's paychecks being included in the prior year's earnings for tax.

Section 2.

Employees will be allowed one (1) pay advance during their first thirty (30) days of employment.

Section 3.

The parties agree that pay advances will be kept to an absolute minimum, generally no more than one (1) pay advance in any twelve (12)-month period, and are for emergencies. Within that context, employees may obtain an advance on their salary, subject to approval of the Appointing Authority, following receipt of the employee’s written request describing the emergency. An emergency is defined as an unusual, unforeseen event or condition that requires immediate financial attention by an employee. The amount of the request shall not exceed sixty percent (60%) of gross pay earned to date in the month, but shall be at least one hundred dollars ($100.00). Employees may submit requests up to the final monthly payroll cutoff date. Pay advance requests will normally be submitted to the payroll office by the fifteenth of the month.

ARTICLE 22 ‑ HEALTH AND SAFETY

Section 1.

The Employer agrees to abide by standards of safety and health in accordance with the Oregon Statutes and Administrative Rules and to implement safe work practices to prevent occupational illnesses and injuries. The Employer supports and expects employees to follow health and safety guidelines, such as health and safety checklists, job hazard assessments and standard operating procedures. If an employee believes s/he is in an unsafe situation, s/he is expected to invoke Section 3 and/or 6 of this Article.

Section 2.

Proper safety devices and clothing shall be provided by the Agency for all employees engaged in work where such devices are necessary to meet the requirements of the Department of Insurance and Finance or if deemed necessary by the Agency. The Agency will consider safety committee recommendations when determining what safety equipment and clothing is required by employees. Such equipment, where provided, must be used. Where the Agency has provided protective devices or clothing in the past and it is deemed necessary under this Article, the practice will continue. Protective clothing and safety devices shall remain the property of the Agency and shall be returned to the Agency upon termination of employment. Agency will develop policy concerning security of individual safety equipment. That policy will also refer employees to the Safety Officer to get needed/replacement materials.

Section 3.

The Agency will make information available to employees regarding the employee’s right to refuse work that is unsafe or might endanger his/her health.

If an employee claims that assigned equipment or job assignment is unsafe or might endanger his/her health, and for that reason refuses to use the equipment or perform the assigned job, the employee shall immediately give his/her reasons for the refusal to his/her supervisor verbally, and in writing as soon as is practical, who shall make determination in consultation with the Agency Safety Officer or his/her designee or a representative of the appropriate governmental agency as to the safety of the equipment or job assignment in question. A Union Representative or Shop Steward may accompany the above representative and employee during this determination.

If the supervisor is not available, the statement of refusal shall be immediately directed to the next level of supervision for determination.

The supervisor shall endeavor to provide a written response including results of the review and determination, within thirty (30), but no later than sixty (60) days after the employee’s notification of unsafe conditions and refusal to work. An extension may be granted upon agreement of the parties.

Section 4.

Pending determination provided for in this Article, the employee shall be given suitable work elsewhere.

Section 5.

Time lost by the employee as a result of any refusal to perform work on the grounds that it is unsafe or might unduly endanger his/her health shall not be paid by the Agency unless the employee's claim is upheld.

Section 6.

Any pregnant or nursing employee assigned to work in an environment that may be harmful to the pregnancy, fetus, or nursing child may request reassignment to alternative work, at equal pay. The employer may request a physician’s statement regarding the proven or potential harm.

Section 7.

The Agency shall provide space to permit ill or injured employees to lie down until disposition of need.

Section 8.

The Agency shall provide and maintain first aid kits for use in emergencies. Said first aid kits shall be in all work locations and shall be available for emergency use.

Section 9.

A central safety committee shall be administered by the Agency. In the area of safety, the committee's function will be as set forth by OAR 437‑40‑047. The Union and Management shall each appoint five (5) members who will serve by consent.

Section 10.

The DEQ Laboratory and the Vehicle Inspection Program shall each have safety committees comprised of management and represented staff from the respective programs. The number of employees on each of these committees will be determined by the Agency. The function of these safety committees is to discuss the specific and unique health and safety issues experienced in these areas, make recommendations for improvements, and assist in implementing approved changes. A represented employee from the Central Safety Committee shall serve on each of these committees (note: intention is that it’s not the same person serving on both the Lab and the VIP committees).

Section 11.

Safety committee members are expected to come to safety committee meetings prepared to discuss agenda items and shall be allowed up to four (4) hours of paid time per month to prepare, during their regular work hours at a time approved by their supervisor.

Section 12.

Management will select from volunteers or appoint Premises Safety Representatives (PSRs). PSRs will perform the duties identified in the Health and Safety Standard for Premises Safety Representatives. The Agency will consider training recommendations from the safety committees and will determine and provide appropriate annual training for PSRs.

Section 13.

Where medical records are necessary for the monitoring of employees exposed to hazardous materials, such records will be maintained by a medical facility in accordance with OAR 437. Records may be reviewed by the employee subject to standard operating procedures of the medical facility. The medical facility shall recommend work restrictions needed by individual employees to protect their health. These recommendations will be provided to both management and the employee.

Medical records provided to the Agency by the employee or by the employee’s medical provider with the employee’s authorization, shall be kept in a confidential file, separate from the employee’s official personnel file. The contents of this file may be shared with appropriate management staff on a strict need-to-know basis.

Section 14.

The Agency will provide to employees in operations where safety glasses are required, prescription safety glasses, and replacement prescription safety glasses as needed, not to exceed one hundred and seventy-five dollars ($175.00) annually. Choice of frames will be made by the employee. [Note: It is not the Agency's practice or intent to pay for eye examinations.]

Section 15.

In the Vehicle Inspection Program, the Agency will provide gloves for worker convenience. Additionally the Agency will reimburse the employee up to twenty dollars ($20.00) for purchase of gloves one (1) time during the contract period. The Agency will reimburse Vehicle Emission Technician 1 and 2 employees for slip and chemical-resistant footwear approved by the Health and Safety Program, not to exceed one hundred dollars ($100.00) annually.

Section 16.

A joint management/represented employee committee will provide guidelines and suggested policies for implementation of an employee wellness program. The committee will select a chairperson from among the members and will be provided a budget of fifteen thousand dollars ($15,000) per biennium to implement a program designed to enhance employee health. The Human Resources Manager will provide oversight to the committee and approve recommended expenditures of budgeted funds.

ARTICLE 23 ‑ EDUCATION AND TRAINING

Section 1.

The Agency recognizes that employee participation in training and conferences is beneficial to both the Agency and employees. The Agency will, as far as it is reasonably practicable to do so, provide training and education opportunities for employees including support and technical staff. Such opportunities may include, but not be limited to, job‑related training which includes participation in conferences and workshops, career development, job rotations, and special assignments. The Agency will obtain and disseminate current information about available training and opportunities on a timely basis. To ensure that all employees are aware of the career development program, the Agency shall post information regarding the career development program on the Internet, post notices via E-Mail at least annually and include information in New Employee Packets and New Employee Orientation.

Section 2.

Training for employees may be conducted both during and outside of an employee's work schedule. When an employee's attendance is required by the Agency, he/she shall be notified in writing, and he/she shall be paid for the time as time worked. When a regular status employee requests training, the request shall be made in writing in accordance with the procedure in the Agency training policy and management will respond in accordance with Agency training policy.

Section 3.

The Agency may offer in‑house training for employees to improve their knowledge, skills and abilities to perform their job. Attendance at such training may be mandatory without loss of pay to the employee. The Agency shall determine the method of travel and shall reimburse or pay for those travel expenses.

Section 4.

Criteria used to approve or deny training or education shall be based on the current Agency training policy and procedure. Training policies and procedures shall be reviewed and updated, if necessary, no less than every three (3) years and shall be readily available to all employees. If a regular status employee desires reimbursement for course registration for training outside of the Agency, the employee must receive written approval from the Agency.

ARTICLE 24 ‑ WORKWEEK, WORKDAY AND WORK SCHEDULE

Section 1. Definitions.

The regular workweek is defined as seven (7) consecutive calendar days beginning on 12:01 a.m. on Monday and ending on the following Sunday at 12:00 midnight. A workday is the twenty‑four (24)-hour period beginning at 12:01 a.m. each day and ending at 12:00 midnight.

Alternate workweek schedules are defined as seven (7) consecutive calendar days beginning at 12:01 p.m. on Monday and ending on the following Monday at 12:00 noon, or beginning on 12:01 p.m. on Friday and ending on the following Friday at 12:00 noon; or a work schedule which may vary the number of hours worked on a daily basis, but not necessarily each day, and is four (4) or five (5) consecutive days beginning on 12:01 a.m. Monday and ending on the following Sunday at 12:00 midnight.

Section 2.

A regular work schedule is five (5) consecutive eight (8)-hour days. Alternative work schedules are anything other than five (5) consecutive eight (8)-hour days.

Section 3.

a. Employees on a Regular Work Schedule. A rest period of fifteen (15) minutes shall be allowed during each consecutive work period of four (4) hours or more. Such rest periods shall be in accordance with operating requirements. Each employee working an eight (8)-hour day shall be allowed two (2) rest periods.

b. Employees on an Alternative Work Schedule. A rest period of fifteen (15) minutes shall be allowed during each consecutive work period of four (4) hours or more. Such rest periods shall be in accordance with operating requirements.

c. Employees expected to work two (2) or more overtime hours past their regular shift shall be entitled to a fifteen (15)-minute rest period at the end of their regular shift and shall be entitled to rest periods as scheduled by the subsequent shift.

Section 4.

All employees working at least an eight (8) hour workday shall be granted a nonduty meal period of not less than thirty (30) minutes and not more than one (1) hour. Such meal period shall be scheduled as close as possible to the middle of the workday. Employees working less than an eight (8)-hour workday may be granted a meal period as determined by the Agency.

Section 5.

Employees assigned by their supervisor to take a meal period at their desk or office will have their meal periods considered on‑duty time.

Section 6.

An employee desiring a change in work schedule may request such change to his/her supervisor. If the supervisor approves the change in the employee's work schedule, the employee waives all rights to reporting pay, overtime compensation, and shift differential associated with the request.

ARTICLE 24A - FLEXTIME

Section 1. Definitions.

Regular schedule is five (5) consecutive eight (8)-hour days recurring each week.

Alternative schedule shall be any other full-time work schedule.

Section 2.

Work schedules shall be designated as either "regular" or "alternative." The starting and ending times during the week may vary to accommodate Agency needs and specific individual needs (generally referred to as flex time). These needs include job assignments, department operational needs, transportation, child care and education related to career advancement. The starting and ending time shall be approved by the supervisor and shall not be prior to 7:00 a.m. and the ending time shall not be after 6:00 p.m. Any exception must be requested in writing and mutually agreed to by the employee and supervisor. Alternative scheduling agreed to will not impact or impair the Agency's ability to schedule or grant overtime, call-back, or other similar work assignment or scheduling.

Section 3.

All alternative work schedules must be responsive to the operational needs of the work unit. This shall include responsiveness to others both within and outside the Agency from 8:00 a.m. to 5:00 p.m., Monday through Friday. Such scheduling may vary to meet the operational needs for Vehicle Inspection Stations, the Regions, and Laboratory.

Section 4.

Employees on all work schedules are expected to take a one (1)-hour lunch break. Any employee who desires a shorter lunch break shall indicate such on a work schedule form. In no event shall the meal period be less than thirty (30) minutes. Statute requires that employees begin their lunch break no later than five (5) hours after starting work, in no event would this provision be superseded by a flex schedule. Current practice regarding accommodation for rest breaks shall continue.

Section 5.

Proposals for alternative work schedules may be initiated by a permanent or Limited Duration full-time status employee and must be approved by the Division Administrator. Prior to approval by the Division Administrator, work unit members will work together to prepare an alternative work schedule proposal and submit it to their immediate supervisor for review and concurrence. The manager of the unit will determine each employee's schedule within the unit to insure that the work unit operational needs are met. He/she will forward the agreed upon alternative schedule to the Division Administrator with a recommendation for approval. Trial service employees may request an alternative work schedule where it can be demonstrated that the alternative schedule requested can be accommodated and appropriate supervision for a trial service employee is available.

Section 6.

Where more than one (1) employee requests the same schedule and such schedule cannot be accommodated, preference will be granted on the basis of seniority within DEQ. Once a schedule has been granted, an employee may not be displaced by a more senior employee. Where seniority is the basis for a preferred alternative schedule, it may be used only once for the life of this agreement. New employees to the unit will be allowed to participate as can be reasonably accommodated within prior approved employees' schedules. Agency employees who transfer to a different unit cannot transfer their previously approved alternative schedule also. They may be accommodated upon request where such request meets the operational needs of the work unit.

Section 7.

Alternative work schedules will initially be approved for a period not to exceed one (1) year for regular status employees. A review of alternative schedules shall occur at least annually or as needed. At the time of review, individuals will not automatically have preferred allocation of the prior schedule as stipulated under Section 6 above.

Section 8.

An alternative schedule shall not allow an employee to work more than ten (10) regularly scheduled hours each day. Overtime for employees working an alternative schedule would start after forty (40) hours during a one (1)-week scheduled work period. In any event, overtime must have prior approval or scheduled consistent with the intent of Article 35 (Overtime) in the Collective Bargaining Agreement.

Section 9.

During a work period when a compensable holiday occurs the employee will be granted appropriate holiday hours for the holidays recognized in Article 28 at the straight-time rate. When the compensable holiday, or portion thereof, falls on the employee's scheduled flex day off, the employee and supervisor will mutually agree on an alternative and commensurate time off within the workweek period. If the employee cannot schedule an alternate day off during the workweek in which the holiday occurs the holiday will be accrued as compensatory time at the straight-time rate. If at any time the operational needs of the work unit cannot be met, alternative schedules previously granted may be rescinded. Where such circumstances arise, the Agency shall notify the Union.

Section 10.

The rejection of an alternative work schedule request is not arbitrable or grievable, however, an appeal procedure shall include the following:

a. Where an employee's request for an alternative schedule is denied, such denial will be in writing. In those instances, the supervisor will provide an explanation for the rejection. The affected employee may file an appeal in writing to the supervisor that denied his/her request within five (5) working days of the denial.

b. Within five (5) working days of receipt of the written appeal, a hearing panel must be convened to hear the appeal. The hearing panel will be comprised of two (2) Union members and two (2) management staff. The decision of the panel is final and binding unless a deadlock occurs.

c. Where a deadlock does occur, the Director of the Department will make the final decision within five (5) working days of receipt of the deadlock. This decision is final and binding.

Section 11.

Nothing in this Article shall preclude the parties from conferring or agreeing on alternative work schedule Pilot Programs designed to meet desirable, or necessary, Agency objectives such as, but not limited to, reducing automobile commuter travel miles, meeting increased work demands within limited workspace, etc.

ARTICLE 25 ‑ REPORTING TIME

Section 1.

Reporting time is the time designated or recognized as the start of the daily work shift or schedule.

Section 2.

An employee's reporting time may be changed without penalty if the employee is notified a minimum of twenty‑four (24) hours before the next regularly scheduled reporting time. If the employee's reporting time is changed without the required notice, the employee shall be entitled to penalty payment at time and one‑half (1‑1/2) for the first two (2) hours worked.

Section 3.

An employee who is scheduled for work and reports for work shall be paid a minimum of four (4) hours, except where the scheduled shift is less than four (4) hours in duration. Then the employee shall be paid for the hours scheduled.

Section 4.

When a change in reporting time is requested by an employee and approved by the Agency, all forms of overtime compensation and reporting time pay associated with the changed schedule shall be waived.

ARTICLE 26 ‑ SCHEDULING COMPENSATORY TIME OFF

Section 1.

Subject to the operating requirements of the Agency, an employee shall have his/her choice of scheduling compensatory time off on a first-come, first-served basis. If two (2) or more employees request the same period of time off on the same day, and this conflicts with operating requirements, the employee having the greatest seniority with the Agency shall be granted the time off, if the matter can not be resolved by agreement between the employees concerned. Compensatory time may be taken in time increments of less than eight (8) hours.

Section 2.

Compensatory time off shall be scheduled in accordance with standard procedures used for vacation leave and are subject to the provisions under the vacation leave Article.

Section 3.

An employee may accrue up to eighty (80) hours of compensatory time off. The Agency may allow accrual of additional hours of compensatory time off above eighty (80) hours if specifically requested by the employee. Any hours in excess of eighty (80) hours shall be paid to the employee by the Agency, or scheduled off with the mutual agreement of the supervisor and the employee, within thirty (30) days of the excess accrual.

Section 4.

When an employee terminates employment with the Agency, the Agency shall pay all unused compensatory time hours to the employee in the last paycheck.

ARTICLE 27 ‑ INCLEMENT CONDITIONS

Section 1.

In the event of inclement or hazardous conditions which, in the judgment of the Agency, require the closing of Agency offices or facilities prior to the beginning of the normal work shift, the Agency will take reasonable action through public and private communication means to notify employees of such closure. The employees may request and the Agency may grant the use of vacation leave, compensatory time or leave without pay to cover time loss under these situations. However, such reduction in salary will not be made for an FLSA-exempt employee except for full workweek increments where the Agency has determined there is not work available and absence of one (1) or more full workweeks occurs.

Section 2.

In inclement weather conditions employees reporting late will be paid for the whole day in accordance to current practice.

Section 3.

When, in the judgment of the Agency, inclement or hazardous conditions requires the closing of Agency offices or facilities after the beginning of the normal work shift, employees who reported to work prior to the decision to close the office or facility shall be paid for the remainder of the shift.

Section 4.

When Agency offices or facilities are open and weather conditions, in the judgment of the employee, change to inclement or hazardous, the employee may request leave to go home prior to the end of shift. Such leave is subject to supervisory approval and if granted the employee may request and the Employer may grant vacation leave, compensatory time, or leave without pay to cover such time loss.

Section 5.

When inclement or dangerous conditions require closure of DEQ office(s), a good faith effort will be made to use the media to broadcast such decisions.

ARTICLE 28 ‑ HOLIDAYS

Section 1.

The following compensable holidays shall be recognized:

a. New Year's Day on January 1;

b. Martin Luther King, Jr.'s Birthday on the third Monday in January;

c. President's Day on the third Monday in February;

d. Memorial Day on the last Monday in May;

e. Independence Day on July 4;

f. Labor Day on the first Monday in September;

g. Veterans Day on November 11;

h. Thanksgiving Day on the fourth Thursday in November;

i. Christmas Day on December 25;

j. Every day appointed by the Governor of the State of Oregon as a holiday or any special day proclaimed by the President of the United States as a holiday only if also appointed by the Governor of the State of Oregon as a holiday.

When a holiday specified in this Section falls on a Saturday, the preceding Friday shall be recognized as the holiday, except for employees in the classifications of Vehicle Emissions Technician 1 and Vehicle Emissions Technician 2. When a holiday specified in this Section falls on a Sunday, the following Monday shall be recognized as the holiday.

For employees in the classifications of Vehicle Emissions Technician I (VET I) or Vehicle Emissions Technician II (VET II), when a holiday specified in this Section falls on Saturday, the Saturday shall be the recognized holiday. During the work period when a compensable holiday occurs, the procedures in Article 24A, Section 9 shall be followed.

Section 2.

Holiday compensation is called holiday pay. Employees must be in paid status for thirty-two (32) hours or more during the month in order to be eligible for holiday compensation.

Full-time employees shall be compensated at the straight time rate for eight (8) hours for each recognized holiday listed in Section 1 and the additional paid leave described in Section 5. However, full-time employees on authorized leave without pay status (excluding employees on LWOP because of FMLA/OFLA) for all scheduled hours the day before and the day after the recognized holiday shall receive a prorated share of the eight (8) hours holiday pay and the additional paid leave described in Section 5 based on the percentage or fraction of month they are in a paid status.

All part‑time employees shall receive a prorated share of the eight (8) hours holiday pay and the additional paid leave described in Section 5 based on the same percentage or fraction of month as they are normally scheduled to work. However, part-time employees on authorized leave without pay status (excluding employees on LWOP because of FMLA/OFLA) for all scheduled hours the day before and the day after the recognized holiday shall receive a prorated share of their holiday pay and the additional paid leave described in Section 5 based on the percentage or fraction of month they are in a paid status.

Employees on unauthorized leave without pay (unexcused absences) for all scheduled hours the day before or the day after the recognized holiday, shall not be eligible for holiday compensation. Recognized holidays which occur during vacation or sick leave will be charged as a holiday rather than vacation or sick leave.

Section 3.

Employees who are required to work on recognized holidays shall be entitled to the holiday pay as provided for by Section 2 of this Article plus compensatory time off or cash for all such time worked at the rate of time and one‑half (1‑1/2). The rate at which an employee shall be compensated for working on a holiday shall not exceed the rate of time and one‑half (1‑1/2) in addition to holiday pay.

Section 4.

An employee will receive compensatory time off for holiday time worked unless the employee requests, in writing, cash. The compensatory time accrual limits established in Article 26 (Scheduling of Compensatory Time Off) shall apply.

Section 5.

In addition to the holidays specified in this Article, all full‑time employees shall receive eight (8) hours of paid leave. Part‑time employees will receive prorated paid leave. Paid leave granted in this section shall be accrued by all employees employed as of the day before Thanksgiving or Christmas of each year.

Except for employees in the classifications of Vehicle Emissions Technician 1 and Vehicle Emissions Technician 2, all other employees may request the option of using the eight (8) hours of paid leave on the workday before or after Christmas, or the workday before or after New Year's Day.

For employees in the classifications of Vehicle Emissions Technician 1 and Vehicle Emissions Technician 2, the eight (8) hours of paid leave shall be used as follows: If December 25 falls on a Sunday, the preceding Saturday (December 24); Monday, the preceding Saturday (December 23); Tuesday, the preceding Saturday (December 22); Wednesday, the preceding Tuesday (December 24); Thursday, the preceding Wednesday (December 24); Friday, the following Saturday (December 26); Saturday, the preceding Friday (December 24).

All employees who are employed as of the day before Thanksgiving may request the option of using this paid leave on the workday before or after Thanksgiving.

If the employee chooses not to take one of the aforementioned days, another day may be mutually agreed upon, provided such time is taken off by January 5^th of the following year.

Section 6.

During the workweek in which a compensable holiday occurs, in order to maintain a forty (40)-hour workweek, an employee on an alternate work schedule may elect to use accrued vacation, personal business or comp time leave to cover the work schedule hours during the designated holiday in excess of eight (8) hours. In lieu of using accrued leave, an employee may adjust their work hours during the workweek in which the holiday occurs to maintain a forty (40)-hour workweek.

ARTICLE 29 ‑ VACATION LEAVE

Section 1. Vacation Leave for Full‑Time Employees.

After having served in the State service for six (6) full months, full‑time classified employees shall be credited with forty‑eight (48) hours of vacation leave and thereafter vacation leave shall be accumulated as follows:

After six (6) months through Twelve (12) workdays for each twelve (12) full

fifth (5th) year months of service (eight (8) hours per month)

After fifth (5th) year through Fifteen (15) workdays for each twelve (12) full

tenth (10th) year months of service (ten (10) hours per month)

After tenth (10th) year through Eighteen (18) workdays for each twelve (12) full fifteenth (15th) year months of service (twelve (12) hours per month)

After fifteenth (15th) year through Twenty‑one (21) workdays for each twelve (12)

twentieth (20th) year full months of service (fourteen (14) hours per month)

After twentieth (20th) year Twenty‑four (24) workdays for each twelve (12)

full months of service (sixteen (16) hours per month)

A full‑time employee working less than a full month shall accrue vacation leave on a pro rata basis, provided that the employee works thirty‑two (32) hours or more in that month. If an employee has a break in service and that break does not exceed two (2) years, the employee shall be given credit for the time worked prior to the break in service. Vacation leave shall not accrue during a leave of absence without pay (LWOP), the duration of which exceeds fifteen (15) calendar days.

Section 2. Vacation Leave for Part‑Time Employees.

A part‑time employee shall accrue vacation leave and shall earn eligibility for additional vacation credits only in those months during which the employee has worked thirty‑two (32) hours or more. Such leave shall be accrued on a pro rata basis as follows:

First (1st) month through Twelve (12) workdays for each twelve (12)

sixtieth (60th) month full months of service (eight (8) hours per month)

Sixty‑first (61st) month through Fifteen (15) workdays for each twelve (12)

one hundred & twentieth full months of service (ten (10) hours per

(120th) month month)

One hundred & twenty‑first (121st) Eighteen (18) workdays for each twelve (12)

month through one hundred & full months of service (twelve (12) hours per

eightieth (180th) month month)

One hundred & eighty‑first (181st) Twenty‑one (21) workdays for each twelve

month through two hundred & fortieth (12) full months of service (fourteen (14) (240th) month hours per month)

After two hundred & fortieth Twenty‑four (24) workdays for each twelve

(240th) month twelve (12) full months of service (sixteen (16) hours per month)

A part‑time employee shall not be eligible to take initial vacation leave until the employee has worked thirty‑two (32) hours or more in each of six (6) calendar months. Vacation leave shall not accrue during a leave of absence without pay, the duration of which exceeds fifteen (15) calendar days.

Section 3. Vacation Leave for Seasonal Employees.

After having served a combination of seasonal periods totaling six (6) full months (a minimum of 1,040 hours), seasonal employees shall be credited with forty‑eight (48) hours of vacation. In accumulating this initial six (6) months of service, time worked prior to a break in service may be credited if the break does not exceed two (2) seasons. An employee may not be credited with more than one (1) season during a calendar year. Thereafter, vacation leave shall be accumulated as follows:

After a total of six (6) months Twelve (12) workdays for each twelve (12)

(a minimum of one thousand & forty full months of service (eight (8) hours per (1,040) hours) through fifth (5th) (month)

annual season

After fifth (5th) annual season Fifteen (15) workdays for each twelve (12)

through tenth (10th) annual season full months of service (ten (10)hours per month)

After tenth (10th) annual season Eighteen (18) workdays for each twelve (12)

through fifteenth (15th) annual season full months of service (twelve (12) hours per month)

After fifteenth (15th) annual season Twenty‑one (21) workdays for each twelve

through twentieth (20th) annual season (12) full months of service (fourteen (14) hours per month)

After twentieth (20th) annual season Twenty‑four (24) workdays for each twelve(12) full months of service (sixteen (16)

hours per month)

Vacation leave shall not accrue during a leave of absence without pay, the duration of which exceeds fifteen (15) calendar days.

Section 4. Eligibility for Vacation Credits.

Time spent by an employee in actual State service or on Peace Corps, military, or job‑incurred disability leave without pay shall be considered as time in the State service in determining length of service for vacation credits.

Section 5. Restoration of Vacation Leave Credits.

All time in the exempt or unclassified service, shall be counted as long as there is not a break in service of more than two (2) years in determining the level of accrual.

Section 6. Termination Vacation Pay.

An employee who is laid off or terminates after six (6) full months of Agency service shall be paid upon separation from Agency service for accrued vacation time except as provided as offset for damages or misappropriation of State property or equipment. Employees on military leave of absence may request payment for accrued vacation.

Section 7. Scheduling of Vacations.

Vacations shall be scheduled at a time mutually acceptable to the Agency and the employee and consistent with the work requirements of the Agency.

Section 8. Vacation Accrual.

An employee shall be allowed to accumulate a maximum of three hundred and twenty-five (325) hours of vacation leave; however, in the event of separation or layoff any unused vacation up to two-hundred and fifty (250) hours will be paid to the employee. An employee transferring in from another State agency may transfer up to eighty (80) hours of accrued vacation leave. Where vacation leave is requested and denied resulting in loss of leave, the employee shall be authorized to cash out forty (40) hours of vacation leave accrued.

Section 9.

If the Agency cancels an Agency approved vacation in which unrecoverable deposits have been paid by an employee, the Agency shall reimburse the employee for the deposits. The Agency shall require written proof of unrecoverable deposits.

Section 10.

Compensation for use of accrued vacation shall be at the employee's prevailing straight rate of pay.

Section 11.

In the event of an employee's death, all monies due him/her for accrued vacation and salary shall be paid as provided by law.

Section 12.

a. Notwithstanding the provisions of the Federal Family and Medical Leave Act (FMLA), the Employer shall not require an employee to substitute any paid leave earned under this Agreement for unpaid leave taken under the FMLA without the consent of the employee.

b. Part-time employees who would otherwise qualify for leave under the FMLA, but for the number of hours worked, may request leave without pay without first exhausting their accrued paid leave, subject to the same notice, documentation and other limitations and conditions applicable to full-time employees.

ARTICLE 30 ‑ SICK LEAVE

Section 1. Accrual Rate of Sick Leave With Pay Credits.

Employees shall accrue eight (8) hours of sick leave with pay credits for each full month worked. Employees who work less than the full month but at least thirty‑two (32) hours during the month shall accrue sick leave with pay on a pro rata basis for the month.

Section 2. Eligibility for Sick Leave With Pay.

Employees shall be eligible for sick leave with pay immediately upon accrual.

Section 3. Determination of Service for Sick Leave With Pay.

Actual time worked and all leave with pay shall be included in determining the pro rata accrual of sick leave credits each month, provided that the employee works thirty‑two (32) hours or more in that month.

Section 4. Utilization of Sick Leave With Pay.

Employees who have earned sick leave credits shall be eligible for sick leave for any period of absence from employment which is due to the employee's illness, bodily injury, disability resulting from pregnancy, necessity for medical or dental care, exposure to contagious disease, attendance upon members of the employee's immediate family (employee's parents including biological, adoptive, foster, step parent, parent-in-law; wife, husband, children including biological, adopted, foster or stepchild; brother, sister, grandmother, grandfather, son‑in‑law, daughter‑in‑law, or another member of the immediate household or domestic partner) where employee's presence is required because of illness or death in the immediate family of the employee or the employee's spouse. The Agency has the duty to require that the employee make other arrangements, within a reasonable period of time, for the attendance upon children or other persons in the employee's care. Certification of an attending physician or practitioner may be required by the Agency to support the employee's claim for sick leave, if the employee is absent in excess of seven (7) consecutive working days, or if the Agency has evidence that the employee is abusing sick leave privileges. The Agency may also require such certificate from an employee to determine whether the employee should be allowed to return to work where the Agency has reason to believe that the employee's return to work would be a health hazard to either the employee or to others.

Section 5. Sick Leave With Pay on Termination.

Compensation for accrued sick leave shall not be paid to an employee on termination for any reason.

Section 6. Restoration of Sick Leave Credits.

Employees who have been separated from the State service and return to a position within two (2) years shall have unused sick leave credits accrued during previous employment restored.

Section 7. Sick Leave Without Pay.

After earned sick leave has been exhausted and the employee has the opportunity in writing to exercise the option of using accumulative time as outlined in Article 41, the Agency shall grant sick leave without pay for any job‑incurred injury or illness for a period which shall terminate upon demand by the employee for reinstatement accompanied by a certificate issued by a duly licensed attending physician that the employee is physically and/or mentally able to perform the duties of that position. No compensatory time, vacation time or other accumulated time shall be deducted from the employee's time unless directed by the employee in writing. If such direction is not given by the employee, leave without pay shall be granted.

After earned sick leave has been exhausted, the Agency may grant sick leave without pay or the use of other accrued leave for any non‑job‑incurred injury or illness.

The Agency may require that the employee submit a certificate from the attending physician or practitioner in verification of disability. Any cost associated with the supplying of a certificate concerning a job‑incurred injury or illness that is not covered by Workers' Compensation benefits shall be borne by the Agency. Any cost associated with the supplying of a certificate concerning a non‑job‑incurred injury or illness shall be borne by the employee. In the event of a failure or refusal to supply such a certificate, or if the certificate does not clearly show sufficient disability to preclude that employee from the performance of duties, such sick leave may be canceled and the employee's service terminated.

Section 8.

An employee shall have all of his/her accrued sick leave credits transferred when the employee is transferred to the Agency from a different State agency. An employee shall have all of his/her accrued sick leave credits transferred when the employee is transferred to a different State agency if allowed by that agency's rules or Collective Bargaining Agreement.

Section 9. FMLA.

a. Notwithstanding the provisions of the Federal Family and Medical Leave Act (FMLA), the Agency shall not require an employee to substitute any paid leave earned under this Agreement for unpaid leave taken under the FMLA without the consent of the employee.

ARTICLE 31 ‑ OTHER LEAVES

Section 1. Leaves With Pay.

a. Personal Leave. After completion of trial service, regular, permanent, full‑time employees shall be entitled to twenty-four (24) hours of personal leave with pay for each fiscal year. Part‑time, job share, and seasonal employees shall be granted up to twenty-four (24) hours of personal leave on a pro rata basis if it is anticipated they will work 1,040 hours for the fiscal year. Should a part‑time, job share, or seasonal employee fail to work 1,040 hours for the first fiscal year, the value of personal leave time used may be recovered from the employee. Personal leave shall not be cumulative from year to year nor is any unused leave compensable in any other manner. Such leave may be taken at times mutually agreeable to the Agency and the employee.

b. Pre‑Retirement Counseling Leave. If an employee is fifty-five (55) years of age or older or at least forty (40) years old and within ten (10) years of his/her chosen retirement date, he/she shall be granted up to twenty-eight (28) hours leave with pay to pursue bona fide pre‑retirement counseling programs. However, an employee may draw up to eight (8) hours of his/her twenty-eight (28) hours of preretirement counseling leave after completion of ten (10) years of service prior to reaching age fifty-five (55) or ten (10) years from retirement. Employees shall request the use of leave provided in this Section at least five (5) days prior to the intended day of use.

Authorization for the use of pre‑retirement leave shall not be withheld unless the Agency determines that the use of such leave shall handicap the efficiency of the employee's work unit.

When the date requested for pre‑retirement leave cannot be granted for the above reason, the Agency shall offer a choice from three (3) other sets of dates. The leave discussed under this Section may be used to investigate and assemble the employee's retirement program, including PERS, Social Security, Insurance, and other retirement income.

c. Service With A Jury. An employee shall be granted leave with pay for service with a jury. The employee may keep any money paid by the court for serving on a jury. The Agency reserves the right to petition for removal of the employee from jury duty if, in the Agency's judgment, the operating requirements of the Agency would be hampered.

d. Court Appearances. When any employee is not the plaintiff or defendant, he/she shall be granted leave with pay for appearance before a court, legislative committee or judicial or quasi‑judicial body as a witness in response to a subpoena or other direction by proper authority for matters other than the employee's officially assigned duties. The employee may keep any money paid in connection with the appearance.

e. Military Training Leave. An employee who has served with the State of Oregon or its counties, municipalities or other political subdivisions for six (6) months or more immediately preceding an application for military leave, and who is a member of the National Guard or of any reserve components of the armed forces of the United States is entitled to a leave of absence with pay for a period not exceeding fifteen (15) calendar days or eleven (11) workdays in any training year. If the training time for which the employee is called to active duty is longer than fifteen (15) calendar days, the employee may be paid for the first fifteen (15) days only if such time is served for the purpose of discharging an obligation of annual active duty for training in the military reserve or National Guard. For the purposes of this section, "training year" means the federal fiscal year for any particular unit of the National Guard or a reserve component.

f. Test and Interview Leave. With notice to the supervisor, an employee shall be allowed appropriate time off with pay to take tests related to promotional opportunities within the Agency; up to two (2) hours with pay shall be allowed for an interview for a position with another State agency or a position within the Agency.

Authorization for the use of test and interview leave shall not be withheld unless the Agency determines that the use of such leave shall handicap the efficiency of the employee's work unit.

g. Hardship Leave. Employee(s) within the Agency may transfer accumulated vacation leave or comp time in blocks of one (1) hour or more to another employee of the agency provided:

1. The employee receiving the transferred leave has exhausted all but twenty-four (24) hours of accrued paid leaves as a result of recuperating from or caring for an immediate family member (as defined in Article 30, Section 4) who is recuperating from an extended and continuous illness, injury, or similar catastrophic event. Accrued paid leaves include, but are not limited to sick, vacation, personal, and compensatory leave accruals.

2. The recipient of the transferred leave is not otherwise qualified for workers' compensation coverage, disability insurance or retirement benefits. Eligibility for other such entitlements would preclude an otherwise eligible employee from receiving donated leave. Entitlement for hardship leave is not intended to supplant or otherwise diminish an employee's responsibility for prudent planning.

3. No hardship leave shall be granted solely for the birth or adoption of a child except in the case of circumstances of extended and continuous illness, injury or similar catastrophic event.

4. Applications for hardship leave shall be in writing and sent to the Agency’s Human Resources Section. The Agency may require that the employee submit a certificate from the attending physician or practitioner verifying that the expected time duration of the illness or injury or effects from a catastrophic event will continue for at least fourteen (14) days. Upon determination that the employee’s request qualifies for hardship leave, Human Resources will issue requests as appropriate for leave donations per qualifying event.

5. Donated leave shall be credited to the sick leave balance of the receiving employee on a dollar-for-dollar exchange basis.

6. The donated leave once posted to the donee's sick leave account is unrecoverable by the donor. All donated leave will be used as sick leave.

7. Cross-donating between management and represented employees may occur if mutually agreed to by the parties.

Employees on trial service shall have that vacation leave time which has been credited to their leave balance available for use in circumstances that would qualify them to use hardship leave subject to the above subsection (g) conditions.

Donated vacation leave or compensatory time may be provided to employees in other AFSCME Central Table participating agencies subject to the approval of the appointing authorities for the involved agencies.

h. Bereavement Leave. An employee who has exhausted all other paid leaves, and who needs leave because his or her presence is required due to a death in the immediate family (as defined in Article 30, Section 4), may receive donated leave pursuant to subsection g., paragraphs 1 and 5 above. The Agency shall establish and maintain a bank of donated leave from which an employee who has exhausted all other paid leaves may draw up to five (5) days (forty (40) hours) leave solely for bereavement purposes. Employees may donate leave to this bank as described in subsection g. above. Individuals may make use of leave from this bank by submitting a request in writing to the Benefits and Leave Coordinator.

Section 2. Leaves Without Pay.

a. Military Leave Without Pay. An employee in the State service shall be entitled to a military leave of absence without pay during a period of service with the armed forces of the United States. However, such reduction in salary will not be made for an FLSA-exempt employee on temporary military leave except for full workweek increments where such leave causes an absence of one (1) or more full workweeks. He/she shall, upon honorable discharge from such service, be returned to a position in the same class as his/her last held position, at the salary rate prevailing for such class, without loss of seniority or employment rights. Employees shall make application for reinstatement within ninety (90) days and shall report for duty within six (6) months following separation from active duty. Failure to comply may terminate military leave. If it is established that he/she is not physically qualified to perform the duties of his/her former position by reason of such service, he/she shall be reinstated in other work that he/she is able to perform at the nearest appropriate level of pay of his/her former class. An employee voluntarily or involuntarily seeking military leave without pay to attend service school shall be entitled to such leave during a period of active duty training. Military leaves of absence without pay shall be granted in compliance with the Veterans' Reemployment Rights Law, Title 38 USC Chapter 43.

b. Court Appearance Leave Without Pay. An employee may request and shall be granted leave without pay for the time required to make an appearance as a plaintiff or defendant in a civil or criminal court proceeding that is not connected with the employee's officially assigned duties. However, such reduction in salary will not be made for an FLSA--exempt employee on temporary military leave except for full workweek increments where such leave causes an absence of one (1) or more full workweeks.

c. Employee Leave. In instances where the work of the Agency will not be handicapped by the temporary absence of an employee, the employee shall be granted a leave of absence without pay or educational leave without pay for up to one (1) year, subject to Agency approval.

An employee may take up to fifteen (15) days of leave of absence without pay each calendar year, without first exhausting his or her accumulated paid leave, for professional or career development, including union functions or activities, subject to the employee providing notification of the leave to payroll no later than the 20^th of the month in which the leave is to be taken and the operating requirements of the Agency.

d. Parental Leave. Parental Leave shall be granted in accordance with the Oregon Family Leave Act and Family Medical Leave Act. Employees shall not be required to use paid leaves during these absences but are entitled at the employee’s discretion to use sick leave, compensatory time, personal leaves, and vacation as paid time during these leaves.

A parent shall be granted an additional leave of absence without pay for a reasonable period of time, not to exceed six (6) months, dependent on operational needs of the Agency, to care for a new baby. Extensions beyond the six (6) months or alternate work schedules may be arranged by mutual agreement between employee and supervisor.

ARTICLE 32 ‑ POSITION DESCRIPTIONS/WORK AGREEMENTS

Section 1. Position Descriptions.

Position descriptions shall be in writing and delineate the specific duties assigned to the position. A dated copy of the position description shall be given to the employee upon assuming the position and at such time as the position description is amended. Any amendments which change responsibility sufficiently to warrant a classification change will be subject to the provisions of Article 18 (Classification and Classification Changes).

The position description shall be subject to an annual review with the employee. Nothing contained herein shall compromise the right or the responsibility of the Agency to assign work consistent with the classification specification.

Section 2. Work Agreements.

All employees shall have a written work agreement within thirty (30) days of starting a new position. Each work agreement shall delineate specific work to be accomplished during the review period, training, goals, and indicators of success based on realistic expectations. Employees shall be given the opportunity to participate in the development of their work agreement.

Section 3. Work Improvement Plans.

Work improvement plans may be initiated and written for those employees who have less than acceptable job performance. The work improvement plan will delineate specific work and/or work related areas to be corrected and improved.

The parties acknowledge that a work improvement plan is a tool whereby the Employer can communicate, to an employee, areas of the employee's performance which are deficient, how the problem(s) is to be rectified, and that failure to rectify the problem(s) may lead to disciplinary action. However, the parties agree that the work improvement plan is not, nor is it to be used as, a disciplinary action.

ARTICLE 33 ‑ PERFORMANCE REVIEW

The Agency commits to implementing its Performance Management System which is forward-looking and emphasizes meaningful dialogue and feedback between staff and managers. The complete description of the elements of the current Performance Management System can be found on Q-Net.

Section 1. Performance Review.

The employee's performance will be discussed with his/her immediate supervisor. The employee shall have the opportunity to provide his/her comments and performance related data he/she has collected to be included in or attached to the performance review document. The employee shall sign the performance review document and that signature shall only indicate that the employee has read the performance review document. A copy shall be provided the employee at this time.

In an effort to build trust between managers and employees, when developing the work agreement, a manager shall notify the employee, and document in the work agreement, if the manager intends to ask other people about the employee’s performance as an indicator of success relating to specific elements of the work agreement. Comments requested from others about an employee’s performance shall be limited to those regarding the specific elements identified in the work agreement.

The Agency is committed to open communication between managers and staff. Employees will be provided opportunities to provide specific feedback on their manager’s performance on at least an annual basis. Employees are strongly encouraged to provide this feedback. Any employee who offers specific comments on a manager’s performance relevant to agreed upon measures shall not suffer any form of retaliation or intimidation from management because of the comments given.

Section 2.

If there are changes made in the performance review document after discussion with and signature by the employee, the revised review document will be rediscussed with the employee. The employee shall have the opportunity to comment on and shall sign the revised review document. That signature shall only indicate that the employee has read the performance review document. A copy shall be pro