TABLE OF CONTENTS

 

Preamble........................................................................................................................................... 3

Article 1 – Recognition...................................................................................................................... 4

Article 2 – No Strike/No Lockout..................................................................................................... 4

Article 3 – Non-Discrimination........................................................................................................... 4

Article 4 – Gender Clause.................................................................................................................. 4

Article 5 – Management Rights.......................................................................................................... 5

Article 6 – Union Access................................................................................................................... 6

Article 7 – Dues Checkoff and Indemnification................................................................................... 6

Article 8 – Employment Information................................................................................................... 7

Article 9 – Bulletin Boards................................................................................................................. 7

Article 10 – Employees...................................................................................................................... 8

Article 11 – Open Positions............................................................................................................... 8

Article 12 – Transfers........................................................................................................................ 8

Article 12A – Lateral Moves............................................................................................................. 9

Article 13 – Temporary Transfers...................................................................................................... 9

Article 14 – Promotions................................................................................................................... 10

Article 15 – Newly Created Positions/Reclassifications..................................................................... 11

Article 16 – Trial Service................................................................................................................. 12

Article 17 – Annual Assignments...................................................................................................... 12

Article 18 – Seniority....................................................................................................................... 13

Article 19 – Layoff and Recall.......................................................................................................... 14

Article 19A – Seasonal Layoff/Recall............................................................................................... 15

Article 19B – Temporary Summer Assignments................................................................................ 16

Article 20 – Personnel Files/Records................................................................................................ 16

Article 21 – Job Sharing.................................................................................................................. 17

Article 22 – Hours of Work and Overtime....................................................................................... 17

Article 23 – Work Rules.................................................................................................................. 18

Article 24 – Labor and Management Committee.............................................................................. 18

Article 25 – Holiday Leave.............................................................................................................. 19

Article 26 – Sick Leave................................................................................................................... 20

Article 26A – Employee Illness and Injury Prevention....................................................................... 20

Article 27 – Paid Time Off............................................................................................................... 21

Article 28 – Winter/Spring Break Compensation.............................................................................. 22

Article 29 – Jury Duty and Witness Subpoena.................................................................................. 23

Article 30 – Family Medical Leave................................................................................................... 24

Article 31 – Military Leave.............................................................................................................. 24

Article 32 – Unpaid Leave of Absence............................................................................................. 25

Article 33 – Deleted in 2006 Negotiations

Article 34 – Union Activities Leave.................................................................................................. 25

Article 35 – Bereavement Leave...................................................................................................... 26

Article 36 – Deleted in 2006 Negotiations

Article 37 – Calamity Days.............................................................................................................. 26

Article 38 – Mileage........................................................................................................................ 27

Article 39 – Absence and Tardiness................................................................................................. 27

Article 39A – Rest and Meal Periods............................................................................................... 28

Article 40 – Discipline...................................................................................................................... 29

Article 41 – Grievance..................................................................................................................... 30

Article 42 – Funding........................................................................................................................ 32

Article 43 – Wages.......................................................................................................................... 32

Article 44 – Pay Differentials & Merit Pay........................................................................................ 32

Article 45 – Deleted in 2006 Negotiations

Article 46 – Health and Welfare....................................................................................................... 33

Article 47 – Retirement Plans........................................................................................................... 33

Article 48 – Unenrolled Staff Children at Work................................................................................ 34

Article 49 – Contracting and Subcontracting..................................................................................... 34

Article 50 – Agency Mail................................................................................................................. 35

Article 51 – Printing of Agreement................................................................................................... 35

Article 52 – Article Termination and Legality Clause......................................................................... 35

Article 53 – Successors and Assigns................................................................................................ 35

Article 54 – Entire Agreement.......................................................................................................... 35

Article 55 – Zipper Clause............................................................................................................... 36

Article 56 – Duration of Agreement.................................................................................................. 36

Article 57 – Termination of Agreement............................................................................................. 37

2006 Fiscal Addendum.................................................................................................................... 38

Index – Alphabetical................................................................................................................. 1A-4A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREAMBLE

 

This Agreement is made and entered into this August 1, 2006, by and between Southern Oregon Child & Family Council, Inc. (SOCFC), hereinafter referred to as the “Agency,” and the American Federation of State, County, and Municipal Employees (AFSCME), Council 75, AFL-CIO, Local 2619, hereinafter referred to as the “Union.”

 

Southern Oregon Child & Family Council, Inc. has voluntarily endorsed the practices and procedures of collective negotiations as a fair and orderly way of conducting its relations with its bargaining unit employees insofar as such practices and procedures are appropriate to functions and obligations of the Agency to retain the right to operate in a responsible and efficient manner.

 

This contract is the entire Agreement covering rates of pay, wages, hours of employment, and other conditions of employment; its intent is to increase the efficiency and productivity of Agency employees; and to provide for prompt and fair settlement of grievances without any interruptions of or other interference with the operation of the Agency.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 1 – RECOGNITION

Negotiated:  8/1/2006

Negotiated: 9/27/2003

 

The Agency recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, wages, hours of employment, and other conditions of employment for regular full-time employees and regular part-time employees employed at its facilities located in Jackson and Josephine Counties, but excluding consultants, administrators, program coordinators, managers, confidential employees/ guards, substitutes, temporary employees, trial service employees (except as defined in Article 16), the Executive Director and Directors Team, head teachers, and supervisors as defined in the Act.

 

ARTICLE 2 – NO STRIKE/NO LOCKOUT

Negotiated:  9/27/2003

 

Section 1.  During the term of this agreement, neither the Union nor its agents or any employee for any reason will authorize, institute, aid, condone, or engage in a slowdown, work stoppage, picketing, strike, or any other interference with the work and statutory functions or obligations of the Agency.  During the term of this Agreement, neither the Agency nor its agents for any reason shall authorize, institute, aid, or promote any lockout of employees covered by this Agreement.

 

Section 2.  The Union agrees to notify all Local officers and representative of their obligation and responsibility for maintaining compliance with this Article, including their responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating Section 1 of the Article to return to work.

 

Section 3.  The Agency may discharge or discipline any employee who violates Section 1 of this Article, and any employee who fails to carry out his/her responsibilities under Section 2 of the Article.  Agency employees who engage in any of the above-referenced activities shall not be entitled to any pay and/or benefits during the period in which he/she is engaged in such activity.

 

Section 4.  Nothing contained herein shall preclude the Agency from obtaining judicial restraint and damages in the event of a violation of this Article.

 

ARTICLE 3 – NON-DISCRIMINATION

Negotiated:  9/27/2003

 

Section 1.  Neither the Agency nor the Union shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of race, creed, color, national origin, age, sex, mental or physical disability, or any other legally protected status.

 

Section 2.  Neither the Agency nor the Union shall interfere with the right of employees covered by this Agreement to become or not become members of the Union, and there shall be no discrimination against any such employees because of lawful Union membership or non-membership activity status.

 

Section 3.  The Union recognizes its responsibility as bargaining agent and agrees to fairly represent all employees in the bargaining unit.

 

ARTICLE 4 – GENDER CLAUSE

Negotiated: 9/27/2003

 

Wherever the male or female is used in this Agreement, it shall be construed to include both male and female employees.

 

ARTICLE 5 – MANAGEMENT RIGHTS

Negotiated: 9/27/2003

 

Except as otherwise expressly limited by the terms of this Agreement, the Agency shall retain all the customary, usual, and exclusive rights, decision-making prerogatives, functions, and authority connected with, or in any way incident to, its responsibility to manage the affairs of the Agency, or any division or part thereof.  Without limitation, but by way of illustration, the exclusive prerogatives, functions, and rights of the Agency shall include the following:

 

A.        To determine the services to be provided.

 

B.         To determine the Agency’s financial, budgetary, and accounting procedures.

 

C.         To direct and supervise all operations, functions, and policies of the program in which the employees in the bargaining unit are employed.

 

D.        To close or liquidate any office, branch, operation, facility, or combination of facilities, or to relocate, reorganize, or combine the work of programs, offices, branches, operations, or facilities.

 

E.         To manage and direct the work force, including but not limited to the right to determine the methods, processes, and manner of performing work; then right to hire, promote, and retain employees; the right to determine schedules of work; the right to purchase, dispose of, and assign equipment or supplies.

 

F.         To contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency.

 

G.         To determine the need for an increase in the work force.

 

H.        To establish, revise, and implement reasonable standards for hiring, classification, promotion, quality of work, safety materials, and equipment.

 

I.          To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities, and standards.

 

J.          To assign shifts, work days, hours of work, and work locations.

 

K.        To designate and to assign all work duties.

 

L.         To determine the need for and the qualifications of new, transferred, or promoted employees.

 

M.        To discipline, suspend, demote, or discharge employees so long as such action does not lack just cause.  Trial service employees shall be considered at will and serve at the discretion of the Agency.

 

N.        To determine certification and/or educational qualifications for positions and the need for additional educational courses, training programs, on-the-job training and/or cross-training, and to assign employees to such duties for such periods as determined by the Agency.

 

 

 

 

ARTICLE 6 – UNION ACCESS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Because the Union employees are an integral part of the Agency, Union information will be available to all staff at the following times:

 

Section 1.  Union representatives will be allowed to present information at the following meetings/events:  New Hire Orientation, Pre-Service, and End of Year Celebration.  Information provided may be general information only and not grievance-related announcements, etc.  Management reserves the right to limit the time allotted and interrupt information being provided if it violates the provisions of the Collective Bargaining Agreement or other Agency policies or is deemed inappropriate in content (e.g. profane, inciting strike, derogatory/inflammatory comments, etc.)

 

Section 2.  The Agency agrees that non-employee officers and representatives of the Union shall have reasonable access to the premises of the Agency during work hours with advance notice to the Executive Director or his/her designee.  Such visitations shall be for the reasons of the administration of this Agreement.  The Union agrees that such activities shall not interfere with the normal work duties of employees.  The Agency reserves the right to designate a meeting place or to provide a representative to accompany a Union officer where operational requirements do not permit unlimited access.

 

Section 3.  The Union agrees to provide a written list to Agency within ten (10) working days following the election of Union officers, representatives, stewards, or other Union officials.

 

Section 4.  The chief steward or an alternate steward may conduct Union business directly related to the filing and subsequent processing of an employee’s grievance during working hours without loss of compensation, provided that reasonable notice is given to the Executive Director or his/her designee, and such business shall occur during hours that are least disruptive to Agency operations.  Duties required by the Union of its stewards, excepting attendance at meetings with Agency supervisory personnel and aggrieved employees concerning filed and processed grievances shall not interfere with their or other employees’ regular work assignments.  Stewards shall not be entitled to overtime or payment for mileage reimbursement during performance of duties under this Article.  Neither the steward nor the employee shall use the Agency’s supplies or equipment for performance of these duties or for travel in performance of these duties.

 

ARTICLE 7 – DUES CHECKOFF AND INDEMNIFICATION

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Upon receipt of written authorization from an employee on a form supplied by the Union (approved by the Agency), the Agency agrees to deduct regular Union membership dues (of which there shall be no more than three (3) different amounts) each pay period from an employee’s biweekly paycheck.  The aggregate deductions of all employees shall be remitted to Council 75’s Salem office, together with an itemized list consisting of employee names, Social Security numbers, and amount of dues deducted no later than fifteen (15) days after each pay period for which deductions were made.  The Union shall provide the Agency prior written notice of at least one (1) month of any change in dues or fair share amounts, and these amounts shall not change more than once per Agency program year.

 

Section 2.  This section shall be known as the Fair Share Agreement.  Employees who, on the effective date of this Agreement, are members of the Union shall either remain members in good standing or make a payment-in-lieu of dues to the Union in accordance with applicable statutory and legal requirements.  Employees who are not dues-paying members of the Union shall contribute each month a payment-in-lieu of

 

dues in an amount equal to the monthly Union dues deducted by the Agency and remitted to the Union at the time of dues remittance.

 

Section 3.  As provided in ORS 243.666, any employee who is a member of a church or religious body having a bona fide tenet which prohibits association with a labor organization, or the payment of due to it, shall pay an amount per month equivalent to regular Union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the affected employee and a representative of the Union.  The Union reserves the right to inspect the written proof referred to in the statute at any time.

 

Section 4.  The Union shall indemnify, defend, and hold harmless the Agency and its officials, representatives, and agents against any and all claims, demands, suits, or other forms of liability (monetary or otherwise), and for all reasonable legal costs that may arise out of or by reason of action taken or not taken by the Agency in complying with the provisions of this Article.

 

ARTICLE 8 – EMPLOYMENT INFORMATION

Negotiated: 8/1/2006

Negotiated: 9/27/2006

 

Section 1.  The Agency agrees to provide the Union information concerning all new hires, appointments, promotions, transfers, and reclassifications which affect either the classification or the personnel in the bargaining unit.  The Agency shall provide to the Union the name, address, telephone number, classification, rate of pay, date of action, type of action, the person appointed, promoted, transferred, or reclassified.  This information shall be provided within a reasonable time of the action, but not to exceed fifteen (15) working days.

 

Section 2.  The Agency shall provide the Union president and both chief stewards with an employee directory, which shall include the names, addresses, and telephone numbers of all employees in the bargaining unit as requested.

 

ARTICLE 9 – BULLETIN BOARDS

Negotiated:  8/1/2006

Negotiated: 9/27/2006

 

Section 1.  The Agency agrees to provide an area in the staff office at centers and the break room in office buildings for the Union to post one (1) bulletin board not to exceed three (3) feet by two (2) feet in area.  All cost incident to preparing and posting of Union material shall be borne by the Union.

 

Section 2.  The Union is responsible for posting and removing material on its bulletin boards and for maintaining same in an orderly and neat fashion.

 

Section 3.  The Directors of the Agency reserve the exclusive right to remove or otherwise restrict the placement of any and all material which is deemed by the Directors of the Agency to be offensive.  This provision shall in no way abrogate or limit the right of the Union to post material generally recognized under law as within typical Union rights.

 

Section 4.  The Agency shall notify the Union President in writing of such action within one (1) business day.

 

 

 

 

ARTICLE 10 – EMPLOYEES

Negotiated: 8/1/2006

Negotiated: 9/27/2006

 

Section 1.  A full-time employee is one who occupies a position which is staffed twenty-four (24) hours or more a week for more than six (6) months a year.  Employees filling this position shall be covered by this Contract.

 

Section 2.  A part-time employee is one who occupies a position which is staffed less than twenty-four (24) hours a week for more than six (6) months a year.  Employees filling this position shall be covered by applicable portions of this contract.  They are not eligible for medical, dental, vision, life insurance, sick leave, PTO, holidays, or any benefits not specifically cited for part-time employees in this Contract.

 

Section 3.  A temporary employee is one who occupies a position which is staffed less than six (6) months a year.

 

Section 4.  A substitute employee is one who temporarily fills a position in the absence of a full or part-time employee.

 

ARTICLE 11 – OPEN POSITIONS

Negotiated: 9/27/2003

 

Open positions are defined as positions which have no incumbent.  These include new positions and positions vacant due to retirement, transfer, promotion, and termination.  Seasonal layoffs shall not cause a position to be considered as open.

 

ARTICLE 12 – TRANSFERS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Employees who desire a transfer to a position within the same job classification must meet the minimum job qualifications as defined by the job description, and shall submit a written request to Human Resources for such transfer.  Transfers will only occur when there is an open position as defined in ARTICLE 11 or when the transfer best serves the needs of the Agency in serving the children and families.  Transfer requests will be reviewed prior to determining the need to conduct interviews, advertise, etc.

 

Section 1A.  The request for transfer shall be received as a formal written request.  An employee can at any time request additional transfers or other positions, or request their transfer request to be removed.

 

Section 2.  Management will review an employee’s transfer request and determine the employee’s ability to meet the minimum job qualifications as defined by the job description for the requested position.  If the employee meets the minimum job qualifications, management will then review the Performance Appraisals for the past two years and seek written documentation and input from current supervisor(s), content area managers, and review the service needs of the children and families affected by the transfer request to reach a decision.

 

Section 2A.  Should management approve a transfer request, the Agency reserves the right to delay the transfer until the beginning of a new program year in order to minimize the disruption of service to children and families.

 

 

 

Section 3.  Employees who submit their written request after a position has been externally posted will be handled as part of the general out-of-agency population for job interview consideration (see ARTICLE 14, Section 2).

 

Section 4.  If a transfer request is not granted, the affected employee will be notified in writing by the Human Resources Director of the reason for the decision.

 

ARTICLE 12A – LATERAL MOVES

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Employees who desire a lateral move within the agency (defined as a position of equal compensation, but a different job classification) must meet the minimum job qualifications as defined by the job description, and shall submit an application at any time to Human Resources for such lateral move.

 

Section 2.  An employee can at any time apply for lateral moves to other positions or request their application be removed.

 

Section 3.  Employees who submit their application after a position has been externally posted will be handled as part of the general out-of-agency population for job interview consideration (see ARTICLE 14, Section 2).

 

Section 4.  Management will review an employee’s application for lateral move, and determine the employee’s ability to meet the minimum job qualifications as defined by the job description.  If the employee is a qualified applicant, they will receive an interview.  The Agency reserves the right to delay the lateral move until the beginning of a new program year in order to minimize the disruption of service to children and families.

 

Section 5.  An employee who receives a lateral move into a different job classification shall serve a probationary period of 120 days.  An employee who accepts a lateral move, which is not successful for any reason other than just cause disciplinary actions, shall be returned to a position equivalent to their former position without loss of seniority (worksite and schedule is not guaranteed).  A return to a former position may be requested by either the employee or the Agency during the probationary period without negative consequences.

 

ARTICLE 13 – TEMPORARY TRANSFERS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

Section 1.  The Agency may temporarily assign employees to perform the duties of a position classification in an equal, lower, or higher salary pay grade on the same or different shift and/or work schedule in the situation, and within the time limits set forth in Section 2 below.

 

Section 2.  The time limits, if applicable, for filling a temporary vacancy are set forth in this section in terms of work days or calendar months.  The time limits set forth herein may be extended by mutual agreement of the parties:

 

A.                 While the Agency posts and fills a job vacancy for a period of up to the end of the program year from the date of posting.

 

B.                 While the absent incumbent is on scheduled days off.

 

C.                 While the absent incumbent is utilizing sick leave or PTO.

D.                 While an incumbent is off as the result of a work-connected injury or disease.

 

E.                  Up to thirty (30) work days in a six (6) month period while the incumbent is entitled to work in that position classification is on layoff or on disciplinary suspension.

 

F.                  While the absent incumbent is attending agency-approved training classes.

 

G.                 Up to one program year while an incumbent is on other leaves such as leaves of absences, illness, injury, maternity, or jury duty.

 

*If it is necessary to maintain a temporary assignment for more than sixty (60) working days in order to meet the best interests and needs of the agency and/or incumbent, the employee filling the temporary position will be entitled to receive the following benefits:  seniority, sick leave, PTO, holiday pay, and pay for winter/spring break if within the time served in the temporary position as applicable, and preferred consideration for placement in the position if it becomes available.

 

The decision to provide Health/Dental/Vision benefits will be subject to a review based upon, but not limited to the following:  the position being filled, the temporary employee’s length of service with the Agency, etc., and approval of the appropriate Director and Executive Director.

           

H.                 Up to thirty (30) work days in a twelve (12) month period where there is a temporary change in work load or other reasonable work-related circumstances.

 

Section 3.  For temporary assignments where an employee temporarily works for a full shift, the employee will be paid at the appropriate step on the salary scale.  If the assignment is in the position that the employee currently holds, the employee will receive their current rate of pay.  If the assignment is in a position which pays greater than the employee’s current position, i.e. Teacher/Center Assistant to Teacher, Cook Assistant to Cook, they will receive the first step on that level, or a 1% increase over their current salary, whichever is greater.  If the assignment is in a position which pays less than the employee’s current position, i.e. Teacher to Teacher/Center Assistant, Cook to Cook Assistant, the employee will receive their current rate of pay.  A “full-shift” shall be the total number of hours and/or completion of the essential job duties that the incumbent would have been routinely scheduled to work.

 

Section 4.  If an employee is temporarily working at reduced hours for a Workers Compensation accommodation, Americans with Disabilities Act accommodation, or Intermittent Family Medical Leave, the employee assigned for the accommodated employee’s hours will be paid at the appropriate step on the salary scale.  If the assignment is in the position that the employee currently holds, the employee will receive their current rate of pay.  If the assignment is in a position which pays greater than the employee’s current position, i.e. Teacher/Center Assistant to Teacher, Cook Assistant to Cook, they will receive the first step on that level or a 1% increase over their current salary, whichever is greater, for only those hours assigned for the accommodation.  If the assignment is in a position which pays less than the employee’s current position, i.e. Teacher to Teacher/Center Assistant, Cook to Cook Assistant, the employee will receive their current rate of pay.

 

ARTICLE 14 – INTERNAL PROMOTIONS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Staff may submit job applications for internal promotions in the bargaining unit for which they are interested at any time prior to external posting.  When a bargaining unit job vacancy exists, the internal applications will be reviewed to determine if the applicant meets the following criteria of having (1) the qualifications listed in the job description, (2) a satisfactory performance appraisal for the past two (2) years, and (3) no significant reprimand or disciplinary action for the past two (2) years (oral reprimands will not keep an employee from qualifying for internal promotional opportunities).  If all of these conditions are met, the applicant will be invited to interview for the position.  Applicants for internal promotion will receive selection preference over out-of-house applicants for all internal promotion opportunities if all qualifications are equal in the areas including, but not limited to:  education, experience, references, interview ranking, team dynamics, etc.

 

Section 2.  Employees who submit an application after external posting will be treated as part of the general out-of-house population for job interview consideration.

 

Section 3.  Application for those employees who refuse the interview, do not receive or refuse an offer of promotion will remain on file unless the employee requests that it be removed.  Employees may periodically update their applications.

 

Section 4.  Promoted employees will be placed at the salary range in the new position on the lowest step on the salary scale that results in at least a 3% salary increase.

 

Section 5.  Newly promoted employees shall serve a probationary period of 120 days.  An employee who accepts a promotion which is not successful for any reason other than just cause disciplinary actions shall be returned to a position equivalent to their former position without loss of seniority, and return tot their prior rate of pay (worksite and schedule is not guaranteed).  A return to the former position may be requested by either the employee or the Agency during the probationary period without negative consequences.

 

Section 6.  The Agency reserves the right to delay a promotion until the beginning of a new program year in order to minimize the disruption of service to children and families.

 

ARTICLE 15 – NEWLY CREATED POSITIONS/RECLASSIFICATIONS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  When a new job classification is established, or an existing one is significantly changed, the Agency will submit a description in writing and a proposed wage assignment to the Union Office and Union President and Chief Steward within ten (10) days.  All other changes to job descriptions will be highlighted and sent to the Union as completed.

 

Section 2.  The Agency reserves the right to fill any new position on a temporary basis.

 

Section 3.  Any grievance concerning rate of pay shall be filed initially at STEP 3 of the grievance procedure.  Any unresolved difference of opinion between the parties in regard to wages will be subject to the grievance procedure.  The Agency’s decision on the wage will be overturned or altered by the arbitrator only if such decision is arbitrary, capricious, and totally without logical basis or foundation.  The arbitrator shall use an Oregon Head Start Salary Study and other appropriate nonprofit organization wage rates in making his/her determination.

 

Section 4.  The job description and pay rate set by the Agency shall remain in effect while the rate of pay issue is being considered in the grievance procedure.  Any subsequent change in the rate of pay shall be retroactive.

 

Section 5.  The Agency reserves the right to delay the pay rate changes to November 1st of the next fiscal year to allow for budget planning.  In some situations, the pay rate may also need to be included in any fiscal proposals offered by the Agency to the Collective Bargaining group during the time prescribed by the CBA—ARTICLE 43, Wages.  Any delays will be explained, in writing, to the affected employee(s) and the Union President and Chief Steward.

 

Section 6.  If an employee is moved to a higher salary level due to a position reclassification which represents a promotion, they will be placed at the step which provides a minimum of 3% increase.

 

ARTICLE 16 – TRIAL SERVICE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Newly hired employees shall serve a trial service period of 120 days.  This service shall be considered “at will.”  A trial service employee may be dismissed at any time for any reason, with or without notice, during or at the end of the 120 day trial service period.  If a newly hired employee is hired with less than 120 days of employment before the layoff period after the program year ends, the balance of the trial service period will be satisfied if and when he/she returns to work for the next program year.  No layoff days shall be credited toward the 120 day trial service requirement except as defined in ARTICLE 19B.

 

Section 1A.  Trial Service employees will become Bargaining Unit members and have access to Union Plus benefits 30 calendar days from date of hire.  Trial Service employees will remain “at will” and have no grievance rights during their trial service.

 

Section 2.  During the trial service period, employees will not be eligible for health insurance, PTO, holidays, sick leave, or seniority credit.

 

Section 3.  Employees will become regular employees upon successful completion of trial service, the receipt of a satisfactory Trial Service performance evaluation, and shall have all rights in accordance with this Contract.  Full time employees (as defined by ARTICLE 10) shall be credited with PTO, sick leave, and seniority back to the first date of hire.  These hours credited during the trial service period will not be paid retroactively.  Full time employees (as defined by ARTICLE 10) will be eligible for the Agency health & life insurance plans as follows:  1) if Trial Service is completed between the 1st and 15th of the month—enrollment will be effective the 16th of the month 2) if Trial Service is completed between the 16th and 31st of the month—enrollment will be effective on the first day of the month following the completion of the trial service period.

 

Section 4.  Newly hired employees will start at the first step of the salary scale, unless prior authorization and approval by the Executive Director and the appropriate Director recommends and/or permits placement on the scale that is higher than the first step due to education, experience, or other key employment factors that influence the hire decision.

 

Section 5.  Employees rehired to the same job within one (1) program year of their last date of employment with the Agency shall serve a ninety (90) day trial service period.

 

ARTICLE 17 – ANNUAL ASSIGNMENTS

Negotiated:  8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Both parties recognize that assignment of employees is an important function in building a successful program.  Management will make annual assignments that, first, best serve children and families and secondly, best serve staff requests.

 

 

Section 2.  Management will consider employee requests for annual assignments upon yearly announcement.  Employees will be provided an annual assignment request form and after completion, return it to the Agency for any position/location in the job classification which they currently hold, and these employees will be considered first for annual assignment placement.

 

Section 3.  Management will only make involuntary assignment changes for legitimate business reasons.  These may include, but are not limited to:  experience factors, language skill factors, employee requests, team needs, and service needs at a specific work location.  Any employee involuntarily assigned to a different location shall be notified in writing of the Agency’s rationale in making the assignment change.  If the employee is unable/unwilling to fulfill the work assignment they may notify (in writing) the Operations and/or Human Resources Directors regarding reconsideration of their placement.

 

ARTICLE 18 – SENIORITY

Negotiated: 9/27/2003

 

Section 1.  Seniority shall, for the purpose of this Agreement, be defined as an employee’s length of continuous full time or part time service since his/her last date of hire, less any adjustments due to approved leaves of absence without pay or other breaks in service, including strike or other forms of work stoppage.  Trial Service employees shall have no seniority rights.

 

Section 2.  Where qualifications and ability to perform the required work are, among the employees concerned, equal, seniority as defined in SECTION 1 shall govern.  Management reserves the right to determine the qualifications and abilities of employees to best serve children and families.  In all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications and ability of an employee to perform the required work.  Qualifications and abilities shall be determined by the job description for each position under “Knowledge, Skills, Abilities, Physical Requirements.”

 

Section 3.  Seniority and the employment relationship shall be terminated when an employee:

 

A.                 Quits; or

 

B.                 Is discharged for just cause; or

 

C.                 Is absent for three (3) consecutive working days without notifying the Agency; or

 

D.                 Is laid off and fails to report for work within three (3) working days after being recalled.  An extension of time may be granted if the employee could not report to work for extraordinary reasons.  Such extensions are at the discretion of the Agency; or

 

E.                  Does not report for work after the termination of an authorized leave of absence.  An extension of time may be granted if the employee could not report for work for extraordinary reasons.  Such extensions are at the discretion of the Agency; or

 

F.                  Is laid off for a period in excess of one (1) program year (which is defined as August 1 through July 31 each year); or

 

G.                 Retires; or

 

H.                 Misrepresents the facts on his/her employment application, and such misrepresentation is material to his/her employment; or

 

I.                    Gives a false reason for obtaining a leave of absence, or does not present proof of necessity within ten (10) working days.

 

Section 4.  The Agency shall be responsible for establishing and maintaining a seniority list for all employees in the bargaining unit.  The list will be updated twice per program year, or as needed.  A copy will be provided to the Union President and Chief Steward(s) twice a year on October 1 and March 1, or upon written request by the Union.  If the Union does not communicate an objection within ten (10) working days, the seniority list shall be considered complete and accurate.  Any objection must be submitted in writing to the Director of Human Resources or his/her designee specifying where the list is inaccurate or incomplete, providing substantiating information regarding each objection.

 

ARTICLE 19 – LAYOFF AND RECALL

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  The Agency, at its discretion, shall determine whether layoffs are necessary.  Although not limited to the following, layoffs shall ordinarily be for change in program direction, lack of work, and/or lack of funds.  If it is determined that layoffs are necessary, employees will be laid off in the following order:

 

A.        Temporary employees;

 

B.         Trial service employees based upon their date of hire; and

 

C.         In the event of further reductions in force, employees will be laid off from the affected classification in accordance with their qualifications and abilities to perform the required work.  Qualifications and abilities shall be determined by the job description for each position subject to layoff under “Knowledge, Skills, Abilities, Physical Requirements.”  Management reserves the right to determine qualifications and abilities of employees to best serve children and families.  Where qualifications and ability to perform the required work are, among the employees concerned, equal, seniority as defined in ARTICLE 18 shall govern.

 

Section 2.  Employees who are laid off shall be placed on a recall list for a period of one (1) year.  If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled without further training.

 

Section 2A.  Employees shall have up to seven (7) calendar days from the date of the recall notice to contact the Agency of their intent to return to work.  The recall notice shall be sent by first-class mail to the last known address of the employee, with a copy sent to the Union.  Employees shall normally be recalled to the classification from which they were laid off, should such a classification continue to exist within the Agency.  However, the Agency reserves the right to offer a position in a different classification if the employee is qualified to perform the work in the job classification being offered, and there is no position available within the employee’s last job classification held prior to layoff.

 

Section 3.  If an employee is recalled to a position in a lower-rated job classification, he/she shall have the right to return to the job classification he/she held prior to being laid off in the event it subsequently becomes available.  The Agency shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work in the affected job classification, and are willing to be recalled to said classification.

 

 

Section 4.  Employees who are eligible for recall shall be given reasonable notice of recall, and notice of recall shall be sent to the employee by first-class mail, with a copy to the Union.  The employee must notify Human Resources of his/her intention to return within seven (7) calendar days from the date on the recall notice.  The Agency shall have fulfilled its obligations by mailing the recall notice to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide Human Resources of his/her latest mailing address.

 

 

ARTICLE 19A – SEASONAL LAYOFF/RECALL

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  The Agency staff is subject to seasonal layoff and recall each program year.  Length of seasonal layoff for each employee varies according to their position and the needs of the Agency in offering services to the children enrolled in the program.

 

Section 2.  Those employees who open and collect unemployment benefits during a seasonal layoff are required to “keep in contact” with the Agency throughout the layoff period.  The Agency has set up a Layoff Check-In Line to help facilitate this process, and each employee is required to call in on Sunday or Monday of each layoff week to meet the “keep in contact” requirement.

 

NOTE:          The Agency does not determine an employee’s eligibility for unemployment benefits.  The awarding of benefits is determined solely by the State of Oregon Employment Department according to its rules, regulations, and guidelines.

 

Section 3.  The Agency does not guarantee layoff time and every employee is subject to recall to work or to have their MOU extended to meet the needs of the children and families requiring services.  The State of Oregon Employment Department requires the Agency to offer any work opportunities to those employees receiving unemployment benefits, whenever possible.

 

Section 4.  If an employee refuses a recall to work, the employee’s refusal may be reported to the State of Oregon Employment Department.  The State of Oregon Employment Department will then determine if the employee is eligible for benefits according to its rules, regulations, and guidelines.

 

Section 5.  Because of limited work opportunities during the seasonal layoff period(s), those employees who express a “need to work” will be recalled first.  However, if the Agency is unable to fill all work requests from those who “need to work,”  then those employees on seasonal layoff who are qualified to fill the required positions will be contacted and are required to report to work as assigned.

 

Section 6.  The Agency will continue to provide Health and Welfare benefits to those employees who are on seasonal layoff.

 

Section 6A.  At the start of the new program year, employees shall return to regularly scheduled work on the date listed on the recall notice.  Employees shall be recalled to the classification from which they were laid off, should such classification continue to exist within the Agency, and as assigned through the Annual Assignment process (see ARTICLE 17).  The recall notice shall be sent by first-class mail to the last known address of the employee.

 

Section 7.  If an employee should fail to return to work after a seasonal layoff, the Agency may recover all Health and Welfare benefits premium payments made for the employee during the seasonal layoff period, except when the failure to return is due to serious health condition of the employee or the employee’s family members that ordinarily would qualify for Family Medical Leave Act (FMLA)/Oregon Family Leave Act (OFLA) benefit, and/or when the failure to return is due to circumstances beyond the employee’s control.  (The Agency will use the federal guidelines as defined under FMLA to define serious health condition or circumstances beyond the employee’s control.)  An employee who returns to work for a minimum of thirty (30) calendar days is considered to have returned to work.

 

Section 8.  The Agency will provide the former employee with a detailed written statement and request for payment to reimburse for medical premiums paid during a seasonal layoff period.  The employee shall have up to thirty (30) days to remit payment or make arrangements with the Finance Director of the Agency for repayment.  Claims for reimbursement may be pursued through all legal means, up to and including securing a judgment in court.

 

Section 9.  The Agency will notify the State of Oregon Employment Department if an employee on seasonal layoff fails to accept a position and return to work in accordance with State of Oregon Employment Department rules, regulations, and guidelines.

 

ARTICLE 19B – TEMPORARY SUMMER ASSIGNMENTS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Any full time employee past their trial service who is temporarily assigned a position during their layoff will accrue sick leave according to the sick leave accrual provisions as outlined in ARTICLE 26, Sick Leave.

 

Section 2.  Any employee who is temporarily assigned to a Full Day/Full Year position during their layoff will receive the Full Day/Full Year differential as outlined in ARTICLE 13, Temporary Transfers.

 

Section 3.  Any trial service employee who is temporarily assigned to a position during their layoff will have those days count toward their 120 day trial service.

 

ARTICLE 20 – PERSONNEL FILES/RECORDS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  The Agency shall keep a personnel file/record for each employee.  These will be maintained in the Human Resources office.

 

Section 2.  Employee files/records are confidential and will be treated as such in accordance with federal and state law.  Access to personnel records shall be limited to the following:

 

A.                 Authorized employees of Human Resources;

 

B.                 Executive Director or authorized management designee;

 

C.                 Employee or persons authorized in writing by the employee.

 

Section 3.  Upon written request, an employee may inspect his/her personnel file(s) subject to the following:

 

A.                 Employees may request an appointment in writing with Human Resources to review their file.  The appointment will occur when mutually agreed upon by both parties, but no longer than three (3) working days from when the written request was received by Human Resources.  File review will be conducted during normal business hours of Human Resources.

B.                 An employee may have a Union Representative present during inspection of the employee’s files.

 

C.                 Copies of materials in an employee’s personnel file shall be provided to the employee upon written request.  The Agency shall bear the cost of such copies.

 

D.                 Pre-employment information, e.g. reference checks and responses, or information provided the Agency with specific request that it remain confidential, shall not be subject to inspection or copying.

 

Section 4.  Employees shall be provided with a copy of an oral or written reprimand or work improvement plan or performance appraisals or performance goals that is to be placed in their personnel file.  Employees shall acknowledge receipt by initialing or signing the said document.  Initialing or signing does not indicate agreement with or acquiescence to the veracity of its content.

 

Section 5.  If an employee disputes the accuracy or completeness of any information to be placed in the personnel files, he/she shall submit a statement of rebuttal or explanation within ten (10) working days, which will be attached to the document or information in dispute.  Letters of commendation, certification, etc., may be submitted for inclusion in the employee’s personnel file.

 

Section 6.  Any disciplinary documentation or other related materials shall be purged from the employee’s personnel file two (2) years from the time of its occurrence, and the employee receives no other disciplinary action during that time period, and upon employee’s written request.

 

All investigation notes & materials created by the Agency will be filed in the Human Resources Director’s office upon completion of the investigation.  All documents created by the Agency prepared/stored on computers (other than HR) will be deleted upon conclusion/dismissal of a personnel action.

 

Section 7.  This provision shall in no way prohibit the Agency from complying with funding source requirements.

 

ARTICLE 21 – JOB SHARING

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Job sharing is the sharing of a position by two (2) employees.  Job sharing may be permitted after review by the management that sharing a job will not result in a loss of service or service quality, or an increase in supervisory or administrative duties in support of the job share.  If a request is denied, the explanation will be given to the employee in writing.

 

ARTICLE 22 – HOURS OF WORK AND OVERTIME

Negotiated: 9/27/2003

 

Section 1.  The normal work week shall consist of forty (40) hours per week, and such additional time as may, from time to time, be required in the judgment of the Agency to serve its clients.  The normal work week shall begin on Saturday, 12:00 a.m. and end on Friday, 11:59 p.m.

 

Prior approval for work in addition to an employee’s budgeted and scheduled work hours shall be required except in an emergency.  In cases of emergency, the employee must notify his/her supervisor as soon as possible, but no later than the next business day of such additional hours.

 

Section 2.  Employees covered by this Agreement shall be paid 1½ times their regular straight time hourly rate of pay for all authorized hours of work in excess of forty (40) hours in a work week.

 

Section 3.  This Article is intended to define the normal hours or work, and to provide the basis for the calculation and payment of overtime.  It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.

 

ARTICLE 23 – WORK RULES

Negotiated: 9/27/2003

 

Section 1.  The Agency may prepare, issue, and enforce rules and safety regulations necessary for safe, orderly, and efficient operations.

 

Section 2.  New rules will be mailed to the Union President, Union Office, and posted by the Agency at each appropriate work site ten (10) working days prior to implementation.

 

ARTICLE 24 – LABOR AND MANAGEMENT COMMITTEE

Side Letter: 2/23/2004

Negotiated: 9/27/2003

 

Section 1.  To help promote a mutually constructive and cooperative relationship, the Union and Management agree to establish a Labor and Management Committee.  The committee shall have the following specific objectives:

 

A.        To foster communication between the Agency and the Union.

 

B.         To allow for free expression of ideas and open discussion regarding work-related issues of mutual concern.

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B.

 

C.         To work and build consensus for join problem solving and planning.

 

D.        To make recommendations to management.

 

Section 2.   The Committee shall not engage in collective bargaining and has no authority to modify the terms of the Agreement between the Agency and the Union.  Disputes over alleged contract violations shall be pursued through the procedures in ARTICLE 39, GRIEVANCE.  Committee recommendations will be forwarded to the appropriate Management staff for consideration.  Actions or decisions made by Management will be reported to the Committee.  Committee members must recognize that their recommendations are not binding.

 

Section 3.   The Union and the Agency shall each be permitted four (4) members and one (1) alternate on the Committee.  The Union Representative and Director of Human Resources, or their designees, may be present at any meeting.  The Union and the Agency will each designate one (1) member to serve as co-chair.  Length of term for members of the Committee will be two (2) years.  There shall be a minimum of one (1) year between a member’s term completion and appointment to a second term.  Members will participate in training by the Federal Mediation and Conciliation Service.  Each committee member shall be given up to two (2) additional paid hours per Committee meeting held, with a maximum of four (4) additional hours per month, but may not work more than forty (40) hours per week.  No Committee members shall receive approval to work over forty (40) hours per week.  There will be no reimbursement for related expenses.

 

Section 4.   The Committee shall meet monthly from September through May, or as the Union and the Agency mutually agree.  Members may attend meetings during regular business hours after providing reasonable notification to their supervisors.  Meetings will usually be held on the Agency property, unless the Committee agrees to other accommodations.  Co-chairs will alternately chair meetings.

Section 5.   Topics for discussion must be submitted at least seven (7) working days prior to the Committee meeting.  Topics must include a brief description of the item to be discussed and time needed.  Co-chairs will determine the agenda topics by mutual agreement.  The agenda will be sent to all members prior to the Committee meeting.  Discussion of topics alternate with the party occupying the chair choosing first.  Topics not on the agenda for that meeting shall not be discussed but will be placed on an agenda list for future Committee meetings consideration.  Emergency items may be included by mutual consent of the co-chairs.

 

Section 6.   Minutes will be taken at each Committee meeting.  The Union and the Agency will alternately provide a minute taker for each Committee meeting.  A draft of the minutes will be sent to each co-chair for review and revision.  After revisions submitted by the co-chairs are made to the minutes, they will be distributed to all Committee members.

 

Section 7.   Decisions will be made by consensus.  A member will be recognized by the chair before speaking.  The chair shall recognize a motion from either the Union or the Agency members to table a topic.  Topics may be tabled that require further study.  Each topic will be discussed fully before proceeding to another topic.  A topic may be canceled when mutually

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satisfactory decisions are not reached.  When a topic is canceled, it shall revert to its proper place in the Labor and Management relationship, i.e., grievance procedure, negotiations.  A mediator from the Federal Mediation and Conciliation Service may be requested by either the Union or the Agency to facilitate any meeting.

 

Section 8.   Co-chairs of the Committee shall be present to submit written and oral committee consensus recommendations to the Directors.  Such recommendations shall be placed on the Directors’ agenda within two (2) meetings of receipt of same by the Executive Director.

 

ARTICLE 25 – HOLIDAY LEAVE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  All full-time employees will be paid for the given list of holidays when the holiday falls during the employee’s assigned working days in a program year.  Holiday pay will be based on the full-time employee’s normal working hours for that given day.  Except as approved by the appropriate Director, no employee’s hours may exceed 40 or result in overtime pay due to a holiday.

 

Section 2.  If a holiday falls on a Saturday, the preceding Friday shall be observed; if a holiday falls on a Sunday, the succeeding Monday shall be observed.

 

Section 3.  Employees may not work on a designated holiday without prior written approval from the employee’s supervisor.  If an employee is called into work they will be paid their regular rate of pay and granted one (1) hour of Administrative Leave** (on a date mutually agreed upon with the worksite supervisor) for each  hour worked on the holiday.  The remaining regularly scheduled hours of the holiday (if any) will be paid as holiday pay (Example:  regularly scheduled work hours is 8 hours and employee is called in to work for 3 hours; employee will be paid 3 hours of work time + 5 hours of holiday pay and granted 3 hours of Administrative Leave on some future date.)

 

Section 4.  The following days shall be recognized as holidays under this Agreement:

            New Year’s Day                      Independence Day                    Thanksgiving Day

            Martin Luther King Day            Labor Day                                Day After Thanksgiving Day

            President’s Day                        Veteran’s Day                          Christmas Day

            Memorial Day

 

**Administrative Leave is defined as arranged time off with pay granted at the discretion of the work site supervisor (or his/her designee) that is NOT covered by any other time off policies or procedures.

ARTICLE 26 – SICK LEAVE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Full-time employees shall be eligible for paid sick leave.  A full-time employee may use sick leave only for his/her own illness, the illness of the employee’s minor child(ren), or for the  serious illness of persons living in the employee’s household.  Sick leave is provided to cover illness and medical appointments.  It may not be used for any other purpose.

 

Section 2.  Full-time employees accrue sick leave each pay period worked.  Sick leave is prorated

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based on the number of hours paid per week as determined by the employee’s time sheet for each pay period.  Sick leave shall not accumulate at more than four (4) hours per pay period.  Sick leave is cumulative to 480 hours.

 

Section 3.  An employee must call in before their shift to report illness as early as possible, but no later than one (1) hour before their scheduled work time.  Failure to notify his/her supervisor in advance may result in discipline up to and including termination.  Should an employee be unable to provide notice prior to the scheduled work time due to an emergency, the employee must notify his/her supervisor as soon as possible, but no more than twenty-four (24) hours after the employee’s scheduled work time.

 

Section 4.  A statement by a physician may be required by the employee’s supervisor and Human Resources whenever sick leave is requested for three (3) or more consecutive work days.  If the Agency has reasonable grounds to believe sick leave is being abused, it may, at its discretion, require any employee requesting paid sick leave to furnish substantiating evidence or a statement from their attending physician certifying that absence from work was required due to an illness for the employee or for the illness of persons living in the employee’s household.

 

Section 5.  If an employee does not request leave under the Family Medical Leave Act (FMLA)  and/or the Oregon Family Leave Act (OFLA), and the employee is out on a qualifying event, the Agency may assign the employee to FMLA and/or OFLA.  Human Resources will notify the employee that the employee’s leave is being counted toward FMLA and/or OFLA within the guidelines of the law.  An employee’s accrued sick leave must be used while on FMLA and/or OFLA.

 

Section 6.  The employee will not be compensated for any unused accrued sick leave upon resignation or termination.

 

Section 7.  All non-emergency medical/dental appointments must be scheduled at a time that will cause the least amount of disruption to services at the work site.  Staff working less than 40 hours per week are expected to schedule appointments outside of work hours whenever possible.  Work site supervisors retain the authority to decline time off for non-emergency medical/dental appointments if services will be adversely affected.

 

Section 8.  Serious illness will be defined in accordance with the guidelines issued by federal and state offices and used in the administration of FMLA and OFLA benefits.

 

ARTICLE 26A – EMPLOYEE ILLNESS AND INJURY PREVENTION

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  SOCFC will provide insurance for all employees in case of work-related injury in accordance with state law and the practices and procedures outlined in the Employee Handbook section “Workers Compensation.”

 

Section 2.  To insure that the work environment is as safe and injury-free as possible, all employees of SOCFC will be instructed in and receive a copy of the SOCFC Illness and Injury Prevention Program effective the 2003-2004 program year.

 

Section 3.  Employees will not be discriminated or retaliated against in any manner because the employee has instituted a safety-related proceeding, has testified in that type of proceeding, or has otherwise exercised any right provided by law.

 

Section 4.  Violations of Agency safety rules, regulations, or procedures as outlined in the SOCFC

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Illness and Injury Prevention Program or the Employee Handbook regarding Workers Compensation injuries and claims may result in disciplinary action up to and including termination.  Such violations may include, but are not limited to:

           

Endangerment of clients, self, and staff of any type.

 

Fraudulent reporting of work-related injury claim(s) or statements related to such claims.

 

Improper use of Agency equipment, hazardous agents (i.e., cleaning solutions, electricity, hot water, etc.).

 

Horseplay that results in work-related injury.

 

Failure to report work-related injuries or near-misses/incidents within the 24 hour time limit or first knowledge thereof.

 

ARTICLE 27 – PAID TIME OFF (PTO)

Negotiated: 8/1/2006

Replacing ARTICLE 27 – Negotiated 9/27/2003

Replacing ARTICLE 28 – Negotiated 6/2/2005

 

Section 1.  During the term of this Agreement, full-time employees may accrue Paid Time Off (PTO) based upon the combination of years of continuous service and assigned weeks per their MOU.  PTO shall accrue and be granted as follows:

0 to 5th year of continuous full-time employment:

Weeks Per Year

Part Day

Full Day/Full Year

0-47 weeks

2 days

5 days

48+ weeks

2 days

5 days

 

6th to 10th year of continuous full-time employment:

Weeks Per Year

Part Day

Full Day/Full Year

0-44 weeks

2 days

5 days

45-47 weeks

3 days

7 days

48 weeks

5 days

8 days

49+ weeks

5 days

9 days

 

11th+ years of continuous full-time employment:

Weeks Per Year

Part Day

Full Day/Full Year

0-41 weeks

2 days

6 days

42-44 weeks

3 days

7 days

45-47 weeks

5 days

8 days

48-50 weeks

6 days

10 days

51+ weeks

7 days

11 days

Section 2.  PTO is prorated based on a full-time employee’s weekly hours budgeted for their position and the number weeks assigned (per their MOU) in the current program year.  PTO for newly hired staff will be prorated based upon the weekly hours budgeted for their position and the number of weeks assigned (per their MOU) remaining in the current program year.

 

Section 3.  Full-time employees who earn  PTO may request use of said leave by giving written request to their work site supervisor at least one week prior to taking PTO.  The work site supervisor must respond (in writing) by the end of the second business day after receiving the request.  Emergency situations will be handled on a case-by-case basis.

 

Section 4.  The equivalent of one (1) day of Sick Leave may be converted to PTO if the employee has accrued a minimum of one (1) week Sick Leave accrued balance.  Limited to one (1) day per program year.

 

Section 5.  PTO may be used in 15 minute increments and may be used at any time during the employee’s assigned working days in a program year with the site supervisor’s approval.  In addition, PTO and or converted PTO from Sick Leave may be used during Winter and/or Spring Break for any unpaid day(s) during the breaks.

 

Section 6.   PTO may be denied if services will be negatively impacted if the PTO is granted (e.g. no coverage/sub available, inadequate staff coverage, or inadequate adult/child ratio, etc.)

 

Section 7.  Full-time employees do not accrue PTO while on a leave without pay greater than one (1) month for each occurrence and/or while on approved family medical leave of one (1) month or greater in accordance with the applicable provisions of the CBA.  Any PTO accrual balance will be prorated and adjusted upon their return from said leave.

 

Section 8.  PTO will carryover to the next program year, however, PTO balance may not exceed the equivalent of 1 week’s total regularly assigned hours (5 days).  Full-time employees that may have unused PTO from the program year in excess of  1 week’s total regularly assigned hours will be compensated for such time within 30 days of the last working day of their MOU or the last day of the program year. 

 

Section 9.  Employees must use all available PTO to cover an absence prior to receiving leave without pay.

 

Section 10.  If a full-time employee who resigns or is terminated has unused PTO, the balance will be prorated in accordance with Section 2 & 4 and paid for such leave in their final paycheck.

 

ARTICLE 28 – WINTER/SPRING BREAK COMPENSATION

Negotiated: 8/1/2006

Replacing ARTICLE 27 – Negotiated 9/27/2003

Replacing ARTICLE 28 – Negotiated 6/2/2005

 

Section 1.  Winter and Spring Break days are scheduled by the Agency for all staff.  All services are closed during the breaks (exception:  FDFY services) and no staff should be working without the express permission of their Work Site Supervisor and the appropriate Director.

 

Staff will be paid for the breaks as follows, based upon their years of continuous employment and with the Agency and their assigned weeks per their MOU, and regardless of the number of days services are closed:

 

 

 

 

 

# of Years

# of Weeks

per Program Year

Days Paid/Unpaid

1 day = Scheduled # of hours per week divided by 5

0-5 years

 

Up to 47 weeks per year

 

Winter Break = 7 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 4 days)

 

48+ weeks per year

Winter Break = 8 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 5 days)

 

6th to 10th year

Up to 38 weeks per year

 

Winter Break = 7 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 4 days)

 

39-41 weeks per year

Winter Break = 8 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 5 days)

 

42 to 52 weeks per year

 

Winter Break = 8 days paid (FDFY = 4 days)

Spring Break = 5 days paid (FDFY = 5 days)

 

11th year

and ongoing

Up to 35 weeks per year

Winter Break = 7 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 5 days)

 

36 to 38 weeks per year

Winter Break = 8 days paid (FDFY = 4 days)

Spring Break = 4 days paid (FDFY = 5 days)

 

39 to 52 weeks per year

Winter Break = 8 days paid (FDFY = 4 days)

Spring Break = 5 days paid (FDFY = 5 days)

 

Section 2.   Winter and Spring Break Compensation is not adjustable between breaks and does not carryover from program year to program year. 

 

Section 3.  Winter or Spring Break Compensation will be paid if the employee has given at least 30 calendar days notice of their intent to resign.  Any exceptions will require the approval of the appropriate Director and Executive Director.

 

Section 4.  Winter or Spring Break Compensation will be paid during approved FMLA/OFLA leaves.  Approved FMLA/OFLA leaves requires completed and approved paperwork and will be paid as indicated above.

 

ARTICLE 29 – JURY DUTY AND WITNESS SUBPOENA

Negotiated: 9/27/2003

 

Section 1.  Employees summoned to jury duty or subpoenaed as a witness during the employee’s regularly scheduled working hours shall provide a copy to the employee’s immediate supervisor and the Payroll Department as soon as the employee is in receipt of the summons or subpoena.  It will be the responsibility of the employee to inform his/her immediate supervisor and the Payroll Department of the summons or subpoena and any changes to either.

 

Section 2.  Employees summoned for jury duty must waive the jurors fee and will receive their regular wage for hours during jury duty.  The employee must indicate on his/her time sheet his/her work hours that were spent on jury duty.  The employee may retain mileage reimbursement or other special expenses paid by the court to the employee.  Such reimbursement will not be paid by the Agency.

 

Section 3.  Employees subpoenaed as a witness by the Agency or for Agency work-related purposes will receive their wages for the time spent as a witness.  Any compensation received by the employee for his/her service must be submitted to the Finance Department immediately upon receipt.  Mileage will be paid in accordance with Agency policy as defined in the Employee Handbook under “Mileage Reimbursement.”

 

Section 4.  Employees subpoenaed for non-work-related purposes will not be compensated for time off.  An employee may elect to use PTO if available.

 

Section 5.  Employees must clearly document any time/hours spent on jury duty or as a witness for Agency work-related purposes.  Employees will be expected to return to work immediately after they are dismissed from jury duty or as a witness for the day.  If there is less than thirty (30) minutes of work time left after travel back to the worksite, the employee will not be required to return to work that day.

 

ARTICLE 30 – FAMILY MEDICAL LEAVE

Negotiated: 8/1/2006

Negotiated: 6/2/20058

Negotiated: 9/27/2003

 

Section 1.  Family medical leave will be administered in compliance with applicable federal and state laws.  Leave is unpaid except as stated by federal and state laws. 

 

Section 2.  Employees will be required to use all available leave (e.g. sick time, PTO, etc.) concurrent with family medical leave. 

 

Section 3.  The employee’s health insurance will be maintained under the group health plan while an employee is on family medical leave.  The employee will be required to pay dependent insurance premiums on the same schedule as if regular payroll deductions were occurring OR on a payment schedule agreed upon with the Human Resources Director (or his/her designee) in advance and in writing.  Failure to make prompt and appropriate payment for dependent coverage may jeopardize coverage benefits. 

 

Section 4.  No employment benefits that accrued prior to the start of the employee’s leave will be lost except as stated in the Collective Bargaining Agreement and any other applicable policies, laws, rules, or regulations. 

 

Section 5.  Employees do not accrue benefits while on leave (e.g. sick leave, PTO, etc.)  Federal and state leave will run concurrently unless otherwise stated in federal and/or state laws.  Leave will run concurrently with any state-injured worker leave, i.e., Workers Compensation. 

 

Section 6.  The leave year is defined as August 1st thru July 31st.

 

ARTICLE 31 – MILITARY LEAVE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Military leave shall be granted only to the extent required by current federal and state laws, and upon presentation of military orders directing the employee to report to active duty.

 

Section 2.  The Agency will honor all provisions of the Uniformed Services Employment and Reemployment Rights Act.

 

Section 3.  Uniformed Service members will be allowed, at their request, to use all available leave accrued prior to their leave instead of unpaid leave.  However, no Uniformed Service member will be forced to use their leave to cover time served.

 

Section 4.  Uniformed Service members required to serve for 31 days or less will not have their benefits interrupted.

 

ARTICLE 32 – UNPAID LEAVE OF ABSENCE

Negotiated: 8/1/2006

Replacing/Including ARTICLES 33 & 36 – Negotiated 9/27/2003

 

Section 1.  The Agency may, at its sole discretion, grant a leave of absence to any employee for good and sufficient reason.  The Agency shall, at its sole discretion, set the terms and conditions of the leave.

 

Section 2.  Any requests for Unpaid Leave of Absence for five (5) or less working days shall request approval from their Work Site Supervisor (or his/her designee) and clearly indicate said leave on their timesheet.

 

Section 3.  Any requests for Unpaid Leave for six (6) or more working days will be submitted, in writing, by the employee to the Work Site Supervisor and to the appropriate Director.  The request shall state the reason the leave is requested, and the maximum length of time the employee desires.

 

Section 4.  A written explanation will be sent to the employee detailing the terms and conditions of all leaves approved or denied by the Human Resources Director for requests of Unpaid Leave for six (6) or more working days. 

 

Section 5.  Unpaid Leave of Absence will not be granted to employees to accept remunerative employment elsewhere.  Requests for remunerative leave which furthers the Agency’s mission shall not be denied solely based on remuneration and requires the approval of the appropriate Director and the Executive Director.

 

Section 6.  If Unpaid Leave of Absence is granted for a period of more than one (1) month, the employee may be required to waive all rights to immediate reinstatement to a position upon termination of the leave.  Said employees retain only the right to be appointed to the first vacancy for a position within the same classification they have been previously employed.

 

Section 7.  An employee must be in “Satisfactory” standing in their current position as documented in their most recent Performance Appraisal and/or not be under serious disciplinary action or on a Work Improvement Plan in order to receive an Unpaid Leave of Absence.  Any exception must be approved by the appropriate Director and the Executive Director.

 

Section 8.  The Agency may require substantiation of any Unpaid Leave of Absence or request for Unpaid Leave of Absence.

 

Section 9.  The period of an Unpaid Leave of Absence if greater than one (1) month shall not be considered as time worked or as service with the Agency within the meaning of any of the provisions of this Agreement.

 

Section 10.  An employee who fails to notify the Agency of their intention to return by the specified date indicated in their initial leave request shall be considered to have resigned their position.  An employee who fails to return to duty on the date specified shall be considered to have voluntarily resigned from their position in the absence of evidence of extenuating circumstances.

 

Section 11.  No Unpaid Leave of Absence shall be granted for a period of more than one (1) year.

 

ARTICLE 34 – UNION ACTIVITIES LEAVE

Negotiated: 9/27/2003

 

Section 1.  The parties agree to the primary principle that Union activities will be carried out during off-duty hours.

 

Section 2.  Employees elected to Union office, or otherwise selected by the Union to conduct Union activities that take them away from their employment, may be granted leave without pay for a reasonable period of time upon ten (10) working days advance notice by the Union.  The determination for granting such leave shall be made by the Agency based on operational needs of the Agency.  Leave will be requested through normal Agency procedure.  Such approval will not be unreasonably denied.

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Section 3.  Employees granted leave for Union activities may be permitted to use PTO.  During any layoff periods, no leave will be paid.

 

ARTICLE 35 – BEREAVEMENT LEAVE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  In the event of a death in an employee’s immediate family, an employee shall be entitled to bereavement leave.  During such leave, the employee shall be paid his/her regular salary for up to three (3) regularly scheduled work days. 

 

Section 2.  The employee may use up to four (4) additional days of accrued sick or PTO, for a total of seven (7) paid bereavement leave days if the employee has adequate sick leave to cover the absence and with the prior approval of the work site supervisor.  Approval may be verbal or in writing and must be clearly indicated on the employee’s timesheet.  Supervisor’s signature on the time sheet will indicate approval of the additional leave time.

 

Section 3.  The employee’s immediate family shall be defined as persons living in the employee’s household, spouse, child, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law, aunt, uncle, grandchildren, and biological parent of your children.  Additional qualifying persons, as well as additional unpaid leave, may be included as determined by the Agency.

 

ARTICLE 37 – CALAMITY DAYS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  The Agency may close any of its worksites due to the conditions listed below to ensure the safety of children and staff: The following is not an exhaustive list, but represents some of the conditions which may result in closure:

 

Natural or man-made disaster;

 

Snow and/or ice on the roads which make the roads impassable;

 

Fog which is so dense that it makes driving hazardous;

 

Loss of utilities (e.g. heat, water, power, etc.) for an extended period of time;

 

If the public school in the area of the work site where staff work is closed due to adverse weather conditions, the Head Start facility will also close (listen to radio/television for information);

 

If the public school in the area of the work site where staff work has a delayed start, the Head Start facility will have a delayed start, also.

 

Section 2.  If a worksite is closed or has a delayed start, employees will have the option of calling the main office to be placed at another center if there is a “substitute” position available, or taking that time, i.e., hours or day(s), as PTO or unpaid if a calamity day closure occurs.  Employees must document clearly on their time sheet if they elect to use personal leave or personal/sick leave, or the time, i.e., hours or days(s), will be unpaid.

 

Section 2a.  If an employee has a Sick Leave accrual balance that is equal to at least two (2) weeks based upon their current MOU, they will be allowed to use one (1) day of Sick Leave to be compensated for a Calamity Day.

 

Section 3.  Check with the center’s policy on notification procedures, which may include contacting the local radio and television stations.

 

Section 4.  When the facilities are closed, the Operations Director or Program Directors will determine what work, if any, will be done.  Closures may occur for partial or entire days.

 

Section 5.  In exceptional situations, the bus driver may decide that road conditions are not safe in spite of school districts remaining open.  In such situations, with permission of the Transportation Supervisor or the Operations Manager and the site supervisor, the bus run may be canceled or delayed until the road conditions become safe.

 

Section 6.  All calamity day closure procedures apply to the work site, not the individual employee’s home location/school district/etc.

 

ARTICLE 38 – MILEAGE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Employees who use their personal vehicles to perform their duties shall be reimbursed forty-four (44) cents or the current IRS rate, whichever is less, for each documented mile of expense. 

 

Section 2.  In order to be eligible for mileage reimbursement, the employee must submit a completed and signed Mileage Reimbursement Form in accordance with Agency Policies & Procedures (See Employee Handbook-Section 5, G) and be an authorized driver for the Agency. 

 

Section 3.  Under no circumstances will mileage be paid from a prior fiscal year once the time period for reimbursement has passed.

 

Section 4.  The provisions of this Article shall be subject to reopening and renegotiation annually after receipt of the COLA announcement or other similar financial announcements by the State or Federal government.

 

ARTICLE 39 – ABSENCE AND TARDINESS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  It is understood that excessive absenteeism, excessive tardiness, or the abuse of sick leave constitutes just cause for discipline, and it is the intent of the Agency to take corrective action. 

 

Section 2. All bargaining unit employees will notify their work site supervisor or their assigned designee as directed of absence from work, and state the reason for their absence. 

 

Section 3.  If an employee becomes ill during working hours, they must notify their immediate supervisor or their assigned designee before leaving, except in the event of an emergency.

 

Section 4.  If an employee is disciplined for excessive absenteeism, excessive tardiness, or the abuse of sick leave, all grievance rights will apply.

 

ARTICLE 39A – REST AND MEAL PERIODS

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  Rest and meal periods will normally be taken when assigned.

 

Section 2.  All staff may request to take a thirty (30) minute unpaid meal break if they so choose.  The meal break is subject to the following criteria:

 

ü                  Meal break must be arranged, in advance, with the work site supervisor when work schedules are set at the beginning of the program school year;

 

ü                  The work schedule will be permanent and any adjustments will require the approval of the work site supervisor (or his/her designee);

 

ü                  The work site supervisor (or his/her designee) reserves the right to alter the scheduled meal break if required to ensure services to the children and families;

 

ü                  Meal break may not interfere with providing services (e.g. class time, bus monitor, center maintenance, child meal preparation, etc.);

 

ü                  The meal break will be without pay and will require the work schedule be adjusted to accommodate the unpaid time (e.g. TA works 8 hour day – 8 am to 4pm; now wants to schedule a meal break from 12:30pm to 1pm; schedule will now be 7:30am to 4pm OR 8am to 4:30pm)

 

Section 3.  When unusual situations occur which prevent a rest or meal period being taken at the assigned time, that rest or meal period will be taken as soon as it can be reasonably arranged.  Such situations may include, but are not limited to:

 

Emergencies;  Field trips;  Staff shortages or unusual staffing situations;  Dealing with families in crisis;  Meetings;  Food deliveries;  Work-related phone call that cannot be interrupted, such as a Family Advocate trying to get an appointment with the dentist for a child in pain;  Agency-sanctioned school attendance.

 

Section 3.  Rest or meal periods may not be lumped together or saved up for the end of the workday or work week.

 

Section 4.  The Agency and employees will work together to see that all workers get their rest or meal periods normally and consistently.

 

 

 

 

 

 

ARTICLE 40 – DISCIPLINE

Negotiated: 9/27/2003

 

Section 1.  The Agency shall neither discipline nor discharge any post-trial service employee without just cause.  Just cause shall be defined as follows; however, the definition of just cause may necessarily vary from case to case.

 

A.        Was the employee adequately warned of the consequences of his/her conduct?  The warning may be given orally or in printed form.  An exception may be made for certain conduct, such as insubordination, coming to work drunk, drinking on the job, or stealing Agency property that is so serious that the employee is expected to know it will be punishable.

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B.         Was the Agency’s rule or order reasonably related to efficient and safe operations?

 

C.         Did management investigate before administering the discipline?

 

D.        Was the investigation fair and objective?

 

E.         Did the investigation produce substantial evidence or proof of guilt?

 

F.         Were the rules, orders, and penalties applied evenhandedly and without discrimination?

 

G.         Was the penalty reasonably related to the seriousness of the offense and the past record of the employee?

 

Section 2.  Discipline shall be administered in such a manner that it will not unduly embarrass an employee.  If discipline is to be given orally to an employee, the supervisor will speak to the employee in private, away from other staff, children, and parents.

 

Section 3.  Progressive and corrective discipline may involve oral warnings, written reprimand, suspension without pay, demotion, and discharge.  The level at which discipline is initiated will be determined by the circumstances and severity of the infraction, conduct, or incident.

 

Section 4.  In cases of continuing discipline problems(s), the supervisor may utilize a work improvement plan which includes:

 

A.        Informing the employee both orally and in writing of the deficiency(ies);

 

B.         Stating the expectations of the supervisor for the employee’s performance; and

C.         Setting a reasonable time for the employee to correct the deficiency(ies).

 

Section 5.  The Agency acknowledges the right of a bargaining unit member to have a Union steward present upon request at investigatory meetings and when any discipline is given to the employee.

 

Section 6  All disciplinary action imposed upon an employee, except oral warnings, may be protested as a grievance through the grievance procedure provided in this Agreement.

 

Section 7.  All official disciplinary documentation shall be filed in the employee’s official personnel file (i.e., notes of oral warnings, letters of written reprimand, suspension, or termination, etc.) in accordance with the guidelines of ARTICLE 20.

 

ARTICLE 41 – GRIEVANCE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

It is the policy of the Agency and the Union to encourage open and frank communications between employees, supervisors, and managers regarding employment concerns, and to seek resolution of such concerns on a direct person-to-person basis by approaching employment problems and concerns in a positive way rather than as adversaries.  Such matters should normally be readily resolved between the employee and his/her supervisor or coworker.  However, in the event an employee or the Union believes the Agency has violated a term of the Collective Bargaining Agreement, Agency Work Rules, Agency Policies and Procedures, or federal/state law, and after reviewing the matter with the supervisor or appropriate Director, is unable to informally resolve the issue(s), the following formalized procedure shall be available to the employee/Union to allow the grievance to be progressively considered as fairly and rapidly as possible.

 

Section 1.  A grievance is an issue(s) raised by a member of the bargaining unit or the Union against the Agency, and shall be strictly limited to issues concerning the interpretation or application of the specific provisions of this Agreement, Agency Work Rules, Agency Policies and Procedures, or federal/state law.

 

Section 2.  If a grievance is not presented within the time limits set forth below, it shall be considered “waived.”  If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Agency’s last answer.  If the Agency does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that Step, and immediately appeal the grievance to the next Step.  The time limit in each Step may be extended by mutual written agreement of the Agency and the Union representatives involved in each Step.

 

Section 3.  All proceedings and evidence of any kind that are related to grievances shall be considered confidential and exempt from public disclosure until the conclusion of the final grievance decision.  Upon completion of a proceeding, all investigation notes and related documentation created by the Agency shall be filed in the office of the Human Resources Director.

 

Section 4.   The Grievance process shall utilize the following steps:

 

Step 1.        The employee will review the matter verbally with the immediate supervisor.  No grievance shall be denied for failure to take this step if the grievance is against the immediate supervisor, and the grieving party has requested and not received management and Union representative assistance in facilitating a meeting to discuss the matter between the grieving party and the immediate supervisor.

 

Step 2.        The employee/union representative shall file a written and signed grievance with the employee’s immediate supervisor within ten (10) business days from the occurrence, or from when the employee should have reasonably had knowledge thereof detailing the reasons the employee considers the matter unresolved.  The supervisor shall respond in writing to the grievance no later than ten (10) business days after the grievance is received.

 

Step 3.        If the grievance remains unresolved, the employee shall have ten (10) business days after the receipt of the immediate supervisor’s written reply to submit the

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written grievance to the Operations or appropriate Program Director along with any evidence or further details regarding the employee’s position regarding resolution of the grievance.  The Operations or appropriate Program Director shall respond in writing to the employee and the Union within ten (10) business days of receiving the Step 3 grievance

 

Step 4.        If the grievance remains unresolved, the employee shall have ten (10) business days after the receipt of the Operations or appropriate Program Director’s written reply to submit the written grievance to the Executive Director (or his/her designee.)  The Executive Director (or his/her designee) shall respond in writing to the employee within ten (10) business days of receiving the Step 4 grievance. Termination grievances shall be heard initially at Step 4.

 

Step 5.        If the grievance remains unresolved, the employee shall have ten (10) business days after the receipt of the Executive Director’s (or his/her designee) written reply to resubmit the written grievance to the Executive Director (or his/her designee). 

 

                  The Executive Director (or his/her designee) shall within ten (10) business days of receipt of the grievance request the assistance of either a mediator skilled in interest-based conflict resolution from the State of Oregon Employment Relations Board to serve as facilitator, or another skilled facilitator, or an arbitrator as described in Step 6, in an attempt to resolve the issue. 

 

                  The Union, the grievant, and witnesses shall be required to participate in this process in good faith at times mutually agreed to by the Union, the Executive Director (or his/her designee), and the facilitator.

 

Step 6.        If no settlement is reached through mediation in Step 5, the grievance shall move to Step 6.  If the grievance is elevated to Step 6, the parties shall be strictly limited to all facts and the issues raised at the first five steps and the following procedure will be followed:

 

                  A.     The Agency and the Union shall within ten (10) business days jointly request a list of potential arbitrators from the Oregon State Conciliator.  Within ten (10) business days of receipt of the list of potential arbitrators from the State of Oregon Employment Relations Board by the Agency and the Union, final selection shall be accomplished by the Agency and the Union alternately crossing off one (1) of the five (5) named arbitrators until only one (1) remains.  The party who strikes the first name shall be selected by lot.  At any stage of the selection process, either party may reject the entire list once and request an alternate list from the State Conciliator.  The arbitrator shall be notified of his/her selection to arbitrate the disputed issue(s), and copies of all grievance documents shall be mailed to the selected arbitrator by the Executive Director (or his/her designee).

 

B.           The decision of the arbitrator shall be final and binding on the parties; however, the arbitrator shall not have the authority to alter, modify,

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B.amend, vacate, or change any of the terms or conditions of this Agreement.  This provision is not intended to prevent either party from any administrative or statutory relief they otherwise may have to appeal an arbitrator’s award.  The decision of the arbitrator shall be issued within thirty (30) business days of the conclusion of the arbitration hearing.

 

C.           Prior to the arbitration hearing, if either party discovers new information or evidence not previously considered at Step 5 of this procedure, the parties may mutually agree to reconvene at Step 5 to consider the new information or evidence, and to include the information or evidence in the Step 5 official grievance record.  If the parties agree to reconvene, their meeting may not delay an already scheduled arbitration hearing unless there is a mutual written waiver, and unless there is mutual written agreement as to the liability for payment of the arbitrator’s cancellation fee.

 

 

D.           Nothing in this Article is intended to prevent a mutually acceptable settlement prior to or during the arbitration procedure.

 

E.            If arbitration is utilized, all of the arbitrator’s fees incurred shall be borne entirely by the losing party.

 

Section 5.  Stewards shall have reasonable access to grievants and witnesses within normal working hours with the permission of the work site supervisor—said permission shall not be unreasonably denied.  However, stewards may not adversely affect their own work performance or Agency services to conduct an investigation or speak with a grievant or witness.  In recognition of mutual interests to resolve issues in a timely fashion, and to make decisions based on complete information on a case-by-case basis, and upon request by the Union, Management may make supervisors available for interview by the Union in its investigation and analysis of the merits of a grievance or a potential grievance.

 

ARTICLE 42 – FUNDING

Negotiated: 9/27/2003

 

The parties recognize that revenue needed to fund wages and benefits provided by the Agreement must be approved annually by established budget procedures and, in certain circumstances, by vote of the Oregon Legislature or the United States Congress.  All such wages and benefits are, therefore, contingent upon sources of revenue and, where applicable, annual legislative budget approval.  The Agency has no intention of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement.

 

ARTICLE 43 – WAGES

                                Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  All part-time and full-time employees who worked on or after November 1st of each year will receive COLA increases in accordance with Agency, State, and Federal guidelines and announcements.  All salary scales will be adjusted accordingly.

 

Section 2.  Employees may be eligible for a 1% step increase, upon receiving a satisfactory performance appraisal, as negotiated annually during the Wages & Benefits contract reopener. No further step increase(s) will be given once an employee reaches the last step on a salary line.

 

Section 3.  The provisions of this Article (Wages) shall be subject to reopening and renegotiation annually after receipt of the COLA announcement or other similar financial announcements by the State or Federal government. (Please see all annual addendums)

 

ARTICLE 44 – PAY DIFFERENTIALS & MERIT PAY

Negotiated: 8/1/2006

Replaces/Includes Article 45 – Negotiated 9/27/2003

 

 

Section 1.  Bilingual employees in bilingual-listed job descriptions shall receive a differential of 3% in addition to their regular wage.

 

Section 2.  Full-Day/Full-Year positions and worksite staff shall receive a differential of 4½% in addition to their regular wage.

 

 

Section 3.  Employees assigned to Head Start PM classes will receive a differential of 2½% in addition to their regular wage.

 

Section 4.  Employees with a current CDL will receive $150 Bus Driver Merit Pay once each year in addition to their regular wage—to be paid each August.  To be eligible, a driver receiving Bus Driver Merit Pay must meet ALL of the following criteria:

§         Must complete current program year MOU

§         Maintain ALL required licenses & certifications

§         Pass annual driver evaluation

§         Satisfactory Performance Appraisal

§         No Disciplinary Actions beyond an Oral Warning

§         No at-fault accidents for program year & proper reporting of all accidents

§         New Drivers will receive a pro-rated amount for their first year based upon their date of completion and award of their CDL with all required endorsements

 

Section 5.  The provisions of this article (Pay Differentials & Merit Pay) shall be subject to reopening and renegotiation annually after receipt of the COLA announcement or other similar financial announcements by the State or Federal government.

 

ARTICLE 46 – HEALTH AND WELFARE

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  The Agency shall make available for each eligible full-time employee a health, prescription drug, vision, dental, and life insurance benefit plan at a negotiated cost to the employee.

 

Section 2.  Coverage through the Agency’s group insurance plan shall begin on the first (1st) or sixteenth (16th) day of the month when a full-time employee becomes eligible.  Coverage through the Agency’s group insurance plan shall end on the last day of the month in which a full-time employee resigns or is terminated.  Eligibility date shall be determined as follows:

Ø      Date of Hire between 1st and 15th of the month—eligible 16th of the month

Ø      Date of Hire between 16th and 31st of the month—eligible 1st of the following month

Ø      No benefits coverage will be provided for any treatment in progress at the time of enrollment in accordance with the Health and Welfare Benefits plan documents

Ø      Coverage will remain in force through August 31st for all employees who complete their current MOU of the current program year.

 

Section 3.  The Agency complies with the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. 

 

Section 4.  Dependent coverage is optional and, if elected, is the responsibility of the employee.  The premium for dependent coverage will be deducted from the employee’s biweekly paychecks.

 

ARTICLE 47 – RETIREMENT PLANS

Negotiated: 9/27/2003

 

Section 1.  During the term of this Agreement, the Agency shall contribute 5% annually of an eligible employee’s gross wages as defined in the Southern Oregon Head Start Retirement Plan.  Specific details regarding this plan are outlined in the Summary Plan Description.

 

Section 2.  The Agency provides for all employees to elect to contribute to individual 403b accounts.

 

Section 3.  The provisions of this Article (Retirement Plans) shall be subject reopening and renegotiation annually after the receipt of the COLA announcement or other similar financial announcements by the State of Federal government upon the request of either party.

 

ARTICLE 48 – UNENROLLED STAFF CHILDREN AT WORK

Negotiated: 9/27/2003

 

Section 1.  Head Start is a family-oriented program that values its staff

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and acknowledges the stress involved for working families.  It wants to support its staff parents as they support Head Start parents and children.  It is here to serve the Head Start children and their families.  This is its job, and during work hours, this must come first.  Bringing children to work as a regular day care or after-school care placement interferes with this primary responsibility, despite the best intentions and efforts of caring, conscientious staff members.  The work site may not be used by staff for childcare.  Occasional visits by staff children to see where mom or dad works, to help in the classroom (older children), or in case of emergency have always been and continue to be acceptable, desirable practices.  These arrangements will be handled at the worksite level.

 

General guidelines may include, but are not limited to:

 

            Children must remain in care of their parent(s).

                       

            Employee must be able to complete regular duties.

           

            Other employees must be able to complete regular duties.

           

            Child-to-adult ratio must be maintained.

 

Section 2.  Infants present a special situation.  The Agency wants to support parent/child bonding and healthy feeding while still attending to job responsibilities.  This is not possible while Head Start children are present.

 

Special arrangements may be made for nursing mothers and children.  Staff are encouraged to be flexible and creative in assisting nursing staff mothers to feed their babies.  Staff may arrange break schedules and working hours to meet feeding needs, but must also assure that the Agency continues to meet its primary work responsibilities.  To ensure fairness to all staff members, arrangements for infants will be approved by the appropriate supervisor.

 

ARTICLE 49 – CONTRACTING AND SUBCONTRACTING

Negotiated: 9/27/2003

 

Section 1.  Prior to contracting or subcontracting work which has been previously and regularly performed by employees in the bargaining unit, the Agency agrees to afford an opportunity for the Union to negotiate with it as to the effect of such action on employees in the unit prior to finalizing or implementing new decisions concerning such contracting or subcontracting.

 

Section 2.  The Agency shall notify the Union of such plans thirty (30) calendar days prior to making such changes.

 

Section 3.  The Union shall have fifteen (15) calendar days from such notification to notify the Agency in writing of its intent to negotiate the effect of such action on employees in the bargaining unit.

 

 

ARTICLE 50 – AGENCY MAIL

Negotiated: 9/27/2003

 

Union materials can be distributed by Union representatives only, and placed directly into the bargaining unit employee’s mail slots.  No employee will interfere with the distribution of said mail. All cost for materials will be borne by the Union, and the dissemination and reading of such materials shall not be on Agency time.

 

ARTICLE 51 – PRINTING OF AGREEMENT

Negotiated: 9/27/2003

 

The Agency agrees to provide, at no cost to the Union, the following items of information to all employees covered by this Agreement:

 

A.        Copies of this Agreement as adopted, with any side letters/addendums and any other mutual agreements;

 

B.         Copies of the Employee Handbook;

 

C.         Employee job descriptions; and

 

D.        A general description of the employee’s job title, hours and weeks of work, pay rate, and report relationship.

 

ARTICLE 52 – ARTICLE TERMINATION AND LEGALITY CLAUSE

Negotiated: 9/27/2003

 

If any provision of the Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, ordinances, and regulations of the United States of America or the State of Oregon, all other provisions of the Agreement shall remain in full force and effect for the duration of this Agreement, and the parties shall meet within twenty (20) calendar days to agree on a substitute provision.  If the parties are unable to agree within forty-five (45) calendar days, a federal mediator will be called in for resolution.

 

ARTICLE 53 – SUCCESSORS AND ASSIGNS

Negotiated: 9/27/2006

 

This Agreement shall be binding upon both parties, their successors, and assigns, and in no way shall be changed or modified during its term should any change occur in the ownership, management, operation, or employee representation.  Each party shall give notice to any prospective successor of the existence of this Agreement and its terms.

 

ARTICLE 54 – ENTIRE AGREEMENT

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

This Agreement supersedes and cancels all prior practices and agreements in connection with the Collective Bargaining Agreement, whether written or oral, unless expressly stated to the contrary herein, and together with any letters of understanding executed concurrently (or after) with this Agreement, constitutes the complete and entire agreement between the parties, and concludes collective bargaining (except as provided for in specific articles of this agreement) for its term.

 

This Agreement does NOT affect Agency work rules, Employee Handbook, Agency and/or departmental policies and procedures manuals.

 

ARTICLE 55 – ZIPPER CLAUSE

Negotiated: 9/27/2003

 

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the Agency and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, including the impact of the Agency’s exercise of its rights as set forth herein on salaries, fringe benefits, or terms and conditions of employment.

 

ARTICLE 56 – DURATION OF AGREEMENT

Negotiated: 8/1/2006

Negotiated: 9/27/2003

 

Section 1.  This Agreement shall become effective August 1, 2006, if ratified by the parties (SOCFC Board of Directors and Policy Council, and Oregon AFSCME Local 2619), and expires on July 31, ____.

 

Section 2.  The Agency and the Union will schedule renegotiations of ARTICLE 38, 43, 44 & 46 annually within ten (10) business days of the receipt of the federal COLA announcement or other similar financial announcements from either the State or Federal government. 

 

Section 3.  Either party may give written notice during the period of February 1st through March 31st of each program year of its desire to negotiate a successor Agreement.  Such negotiations shall commence with an exchange of written proposals by the parties no later than April 15th of each program year.

 

Section 4.  This Agreement shall not be opened during the term of the Agreement except by mutual agreement of the parties, or as provided in Section 2 of this Article, or as otherwise specified in this Agreement.