CBA 2006-2009 (00086642.DOC;1)

AGREEMENT

THIS Agreement, made and entered into this 1^st day of January 2006 by and between KERR DEVELOPMENTAL DISABILITIES SERVICES—Lane County; (hereafter “the Employer”); and American Federation of State, County, and Municipal Employees, Local 3214, Council 75, AFL-CIO, Salem, Oregon, (hereafter “the Union”).

ARTICLE I. EMPLOYEES COVERED

1.1 This Agreement shall apply to and cover all non-exempt employees providing direct care to patients but excluding all professional, technical and administrative employees.

1.2 Days: The parties recognize and agree that the Employer operates and provides services to the people it serves on a 24 hour a day, 7 days a week basis, and therefore the term working day as used in this Agreement means every day of the week (Sunday-Saturday). The term business day shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays.

ARTICLE II. UNION SECURITY

2.1 Membership.

All employees hired after October 4, 1998 shall become and remain members of the Union on the first of the month following their thirtieth (30^th) day of employment, as a condition of continuing employment.

a. All employees hired on or prior to October 4, 1998 shall not be required to become or to remain members of the Union as a condition of continuing employment; provided, however, that if such an employee voluntarily becomes a member of the Union at any time during the term of this Agreement, the employee must maintain membership as a condition of employment for the duration of the Agreement.

b. On the fifteenth (15^th) day of each calendar quarter, the Employer shall furnish the Union a list of current bargaining unit members to include: address, hire date, job title, department, and file number.

2.2 Dues Check-off.

a. All employees, except as provided in paragraph 2.1.a. above, shall maintain their membership in good standing with the Union during the term of this Agreement, as a continuing condition of employment. Membership in good standing means the tender of regularly required monthly dues for union membership.

b. The Employer agrees to furnish the Union, by the 10^th of the month, the names and addresses, hire and termination dates, job titles, departments, and file numbers of those employees hired or terminated the previous month.

c. The Employer, upon thirty (30) days’ written notice from the Union, shall terminate any employee in the bargaining unit who is not a member in good standing in the Union.

d. Union members may self-pay their membership dues each month or they may have their membership dues deducted from their wages each month. Such dues shall be remitted by the Employer on the 10^th of the month, for the previous month’s dues, to AFSCME Headquarters. Such remittances shall be accompanied by an itemized statement showing the name of such employee and the amount checked off.

In order that this paragraph may become effective and operative within the limitations of the “Labor-Management Relations Act, 1947,” the Union hereby agrees to furnish with all reasonable dispatch to the Employer written authorizations for deductions from each employee so employed. Upon the presentation to the Employer of such authorizations in the following form, the Employer shall in due course remit same to the designated Union official:

AFSCME Local 3214

REPRESENTATION CHECK-OFF AUTHORIZATION

I, the undersigned employee of Albertina Kerr Center, hereby authorize my employer to deduct from my paycheck twice each month my bi-weekly union dues to maintain in good standing my membership in the Union, as a condition of my continued employment with this Employer. I also understand that I do not have to sign this authorization form and that I can revoke it any December of any year upon thirty (30) days’ written notice sent no later than November 1^st, to the Union.

I sign this authorization of my own free will, and I understand its meaning, this _____ day of ______________, 200_.

Signature Employee’s Name Social Security Number

Street City State ZIP

Home Phone # Work Site Work Phone #

e. The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, action taken by the Employer in complying with the provisions of this Article, in reliance upon the executed Check-Off Authorization forms.

ARTICLE III. SENIORITY RIGHTS

3.1 Seniority. Employee seniority and the employment relationship shall be terminated for any of the following reasons:

a. If an employee quits for any reason. Employees will be allowed 24 hours to reconsider and rescind a resignation.

b. If an employee is discharged for good cause.

c. If the Employer discontinues operations.

d. If an employee is absent for two (2) consecutive work days without notifying the Employer and furnishing a reason for the absence which is acceptable to the Employer.

e. If the employee fails to notify the Employer within three (3) work days after receiving notice of recall from the Employer of his intention to return to work or who fails to report for work after receiving notice of recall from the Employer.

f. If an employee is laid off for a period of twelve (12) months.

g. If an employee does not return to work on the next scheduled workday following the expiration date of his/her vacation, unless absence is approved, or unless there are reasonable mitigating circumstances.

h. If an employee is declared permanently or partially disabled by competent medical authority to the extent that the employee cannot perform, with reasonable accommodation and without undue hardship on the Employer, in the employee’s regular job classification or other available work, and/or if such period of absence from work exceeds six (6) months.

3.2 To qualify for seniority an employee must continuously be employed and work six (6) calendar months. Then seniority will be calculated from date of hire. In the event the Employer determines that it is necessary to lay off employee(s), the employee(s) will be selected from the affected program. The meaning of layoff shall include involuntary reduction of hours of available work. Employees will be selected for lay off on the basis of job skill, competence, ability, and the needs of the people served. In the event these factors are determined to be equal, then seniority shall be the basis for layoff selection. The Employer shall be the judge in evaluating these factors, except that its judgment shall not be exercised arbitrarily or capriciously. Should an employee challenge the Employer’s exercise of its judgment, it shall be the duty of the employee to demonstrate that the Employer acted capriciously or arbitrarily. The Employer will offer any vacant positions to qualified employees on layoff in seniority order before hiring new employees. Recalls from lay off will be made in inverse order of lay off (last laid off is the first recalled), provided that the employee(s) to be recalled has the necessary job skills, competence, ability, and his/her return is appropriate to meet the needs of the people served.

3.3 Employees without seniority as defined in paragraph 3.2 shall not be subject to the grievance/arbitration procedures.

3.4 Open Positions. Notice of all bargaining unit job openings within Albertina Kerr shall be posted on each house bulletin board or placed in the staff log, for a period of five (5) working days with a copy mailed to the Union’s Council Representative or designee, in order to ensure that current employees learn of the job opening before it is filled. Such notice shall include a job description of the position. Employees interested in applying for an open position shall notify the H.R. manager in writing.

3.5 Internal Placement. In determining a suitable candidate to fill the position, the Employer shall take into consideration each applicant’s experience, education, skills required for the job, work attendance and overall qualifications for the job, all as judged by the Employer. The Employer agrees that such judgment shall not be arbitrarily or capriciously exercised. In the event all factors are deemed substantially equal by the Employer, then seniority shall prevail in the final selection. Upon request, the manager/supervisor of any employee not selected for internal placement will meet with the employee to discuss the selection decision and what they can do to improve their future chances for selection.

ARTICLE IV. REST PERIODS & EXPENSES

4.1 All employees shall be allowed a rest period approximately one-half (1/2) way through the first half of their shift and another one-half (1/2) way through the second half of their shift. The time for said rest period shall be paid for by the Employer and shall not exceed ten (10) minutes each. There will be occasions when a rest or meal period will not occur due to customer demands, job conditions or emergencies. On these occasions, the employee will receive his/her rest or meal period as soon as possible, as soon as the customer demand, job condition, or emergency has abated. The Employer will normally schedule employee work assignments in such a manner that rest and meal periods are normally and routinely available to employees.

4.2 Paid meal periods of 30 minutes are provided for employees who work shifts of six or more hours and are to occur approximately half way through the employee’s shift.

4.3 Rest and meal periods missed are neither cumulative nor shall they constitute a wage claim.

4.4 Travel & Meal Expenses: Normally employee travel and activity expenses will be advanced. When reimbursement is necessary, it shall be done as set forth in Section 5.8 of the AKC Employee Handbook, and/or AKCs Money Management Policy.

4.5 Training Costs: In the event there is a required training course which the Employer does not offer, the Employer will pay the cost of the course. All time spent taking Employer approved training is work time.

ARTICLE V. GRIEVANCE PROCEDURE

5.1 This grievance procedure shall be the sole method for the settlement of a complaint raised by an employee, covered by this Agreement, alleging that a specific provision of this Agreement has been violated. Such a complaint shall be defined as a grievance under this Agreement, and it must be presented and processed in accordance with the following steps, time limits and conditions herein set forth; or otherwise be waived.

5.2 STEP 1: In all cases, a grievance must be presented within fifteen (15) business days from the date the claimed contract violation first occurred, or within fifteen (15) business days from when the employee or the Union with reasonable diligence should have known of the occurrence of such event, which shall include any and all claims of an ongoing contract violation. If any employee has a grievance, as defined herein, she/he shall first present and discuss the grievance with his/her Supervisor, at a reasonable time while she/he is working to be scheduled with his/her Supervisor. If a satisfactory resolution is not reached the grievant or Union Representative shall reduce the grievance to writing to the Supervisor within five (5) business days of the meeting. The grievance must include the specific provision(s) of the Agreement which allegedly has been violated and the remedy requested; it must be signed by the aggrieved employee or the Union Representative, with or without Union assistance as she/he so chooses. At the request of the Union Representative, the Employer will grant a reasonable extension of time for the Union to obtain the employee’s signature. No grievance shall be deemed to exist until it has been discussed by the employee or a Union Representative and his/her Supervisor within the time limits and conditions herein set forth, except as provided in Section 5.13 of this Article. The Supervisor’s written answer shall be given within seven (7) business days from the date of the discussion with the aggrieved employee or Union Representative.

5.3 STEP 2: If the grievance is not settled in STEP 1, the employee and/or the Union may appeal it by giving written notice of such appeal within fifteen (15) business days after the receipt of the Supervisor’s written answer to the Vice President or her designated representative. The Vice President, DDS, or her designated representative shall meet to discuss the grievance with the employee and his/her Council Representative or designee at a mutually agreeable time. The Vice President, DDS, or her designated representative shall give her written answer to the grievance within seven (7) business days from the date the meeting was concluded.

5.4 STEP 3: If the grievance is not settled in STEP 2, it may, at the request of the Union or the Employer within fifteen (15) business days after receipt of the written answer from the Vice President, DDS, be appealed to an Arbitrator, selected from the agreed list attached to this Agreement as Schedule B. If the Union and Employer cannot mutually agree on an arbitrator, then the Parties will alternatively strike names on the list until one name remains. A coin toss will determine who strikes first. The decision of the arbitrator shall be final and binding on both parties, and the grievant(s).

5.5 STEP 4: The arbitrator shall only have the authority to interpret the explicit terms of this Agreement. He/she shall not have the authority to modify, add to, or delete from the terms of this Agreement. The arbitrator shall not have the authority to award any money, in any fashion whatsoever, to the Union. Any monetary award to an employee or employees shall be remedial only (i.e., “make whole for losses suffered”) and may only be awarded for actual, provable losses of earnings. Under no circumstances may an arbitrator award punitive damages. Expenses and compensation of the arbitrator shall be paid by the losing party.

5.6 The settlement or award of a grievance in any case shall not be made retroactive for a period exceeding fifteen (15) business days prior to the date the grievance was first presented in writing.

5.7 The parties understand and agree that their respective representatives, or designates, in the Steps of the Grievance Procedure have the authority to make binding settlements, regardless of whether such settlements are authorized or have been subsequently ratified.

5.8 No grievant shall be paid by the Employer for time spent in arbitration hearings, unless the employee is awarded back pay. Employee witnesses shall be paid for their time spent in arbitration hearings. The Employer shall allow the grievant(s) to arrange work schedule trades with the approval of their supervisor so that they suffer no loss of pay while attending the arbitration hearing.

5.9 No employee in the bargaining unit shall engage in any Union activity on Employer time except as specifically provided for in the provisions of this Agreement.

5.10 The parties agree that they will follow the foregoing grievance procedures in accordance with the respective steps, time limits, and conditions contained therein. If, in any step, the Employer’s representative fails to give a written answer within the time limits set forth, the grievance may be appealed to the next step at the expiration of such time limit. If the employee or the Union fails to follow the foregoing grievance procedures in accordance with the steps, time limits, and conditions contained therein, the grievance shall be deemed settled on the basis of the Employer’s last answer.

5.11 Only the Union or the Employer may require arbitration of the other.

5.12 In no event will an Arbitrator grant retroactive monetary/benefit relief in excess of seventy-five (75) days of gross pay based on the employee’s regularly scheduled hours which does not include any overtime hours the employee might have volunteered to work.

5.13 Grievances regarding suspension without pay or discharge or the identical issues shared by more than one employee shall be expedited beginning at STEP 2 of this process.

ARTICLE VI. NO STRIKE/NO LOCKOUT

6.1 Neither the Union nor any of its members will individually, collectively, concertedly, or in any manner whatsoever, engage in, incite, participate in, aid or condone, whether directly or indirectly, any picketing, refusing to cross a picket line, strike, sympathy strike, sit-down, stay-in, slow-down, work stoppage, withholding of work or other interference with work, or resort for relief to any form of self-help or other direct or indirect action during the term of this Agreement; and the Employer agrees that during the term of this Agreement it will not lock out any of the employees covered by this Agreement.

6.2 The above provision shall apply to the Employer and the Union, its agents and members, without regard to whether or not the controversy or dispute arises under this Agreement, at these or any other facilities of the Employer, involves any other party, or is not connected with the business of the Employer.

6.3 The Employer retains the right to discharge or otherwise discipline employees in the bargaining unit who have given direction to, either negatively or positively, or have in any manner committed acts prohibited by the provisions of this Article. The Employer shall have the right to discipline all or any employees and to administer different penalties, or to refrain from taking such disciplinary action for violations of the provisions of this Article. The Union shall have the right to grieve any action constituting discipline administered to an employee by the Employer under this paragraph; however, the only issue which can be the subject of grievance and which can be reviewed by the Arbitrator is limited to whether or not the employee has committed acts prohibited by the provisions of this Article and whether the Employer’s action against the employee was justified.

6.4 Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful by any federal, state or local law, shall excuse the employees, the Union, or the Employer from their obligations under the provisions of this Article.

ARTICLE VII. DISCIPLINE AND DISCHARGE

7.1 The Employer retains the right to discipline and discharge employees for good cause, which shall include, but is not limited to the violations of work and/or safety rules. The parties agree that the Employer shall consider the nature of the offense and the past records of the employee in determining the appropriate penalty for any specific offense, and the foregoing may result in different penalties administered by the Employer for the same or similar offenses, as the Employer deems reasonable and appropriate under the circumstances. While the Employer’s policy of corrective discipline regards as correctable most cases of improper conduct, it is understood that there are offenses of such serious nature as to provide cause for discharge in the first instance.

7.2 Unless the employee is unavailable for an extended period, the Employer will conduct an appropriate investigatory interview of the employee before imposing discipline. If the employee exercises their right to union representation at the interview and the requested union representative is not promptly available, the employee may either:

(a) Select an alternate union representative who can be promptly available;

(b) Select a bargaining unit employee to be present at the interview;

(d) Agree to proceed with the interview unaccompanied by a union representative.

Unless the Employer decides, based on review of circumstances and policy, to immediately suspend during an investigation of reported abuse or other misconduct, an Employer representative shall meet with the employee before imposing discipline which will result in loss of pay (termination, unpaid suspension, demotion) to review the findings of the investigation and contemplated discipline. The employee will then have the opportunity to submit, either at that meeting or in writing no later than 24 hours following the meeting any additional information the employee wants considered by the Employer. Following receipt and consideration of such information, the Employer may proceed as it deems appropriate.

7.3 In the event the Employer suspends an employee without pay, pending the outcome of an outside Agency’s investigation involving the employee, the employee shall be so notified in writing within three (3) working days of that action. No later than three (3) regular business days (Monday through Friday) following the suspension, the Employer shall pay the employee all wages due up to the time of the suspension.

The employee’s medical and dental insurance benefits will continue while on suspension as if they were working. If, upon completion of the investigation, the employee is returned to work, or if the level of discipline is less than the period of suspension, then the Employer shall reimburse the employee for any time loss of regularly scheduled work hours (does not include any overtime hours the employee might have volunteered to work). Should any suspended employee receive unemployment compensation benefits and later be reinstated, the amount of unemployment compensation received shall be offset against the calculated amount of time loss of regularly scheduled hours.

7.4 Personnel Files: As required by Oregon Statute employees shall have access to their own personnel files. Such access shall be allowed as provided in Section 3.3 et seq. of the AKC Employee Handbook. Employees must sign all performance evaluations and disciplinary notices which are to be placed in their personnel file. Such documents shall state above the signature line the following:

“Employee signature only indicates that you have been given a copy of

the material, and does not indicate agreement or disagreement.”

An employee’s union representative may have access to the personnel file and/or be provided a copy of the file or any portion thereof upon presentation of the employee’s signed authorization when requested in connection with a pending grievance or investigation of a possible grievance.

Employees shall be provided a copy of the personnel file or any portion thereof at a cost of $0.25 per page not to exceed $5.00.

ARTICLE VIII. HOURS OF WORK AND OVERTIME

8.1 The work day, established by the Employer, shall consist of either 8 or 10 consecutive hours of work, excluding a meal period, during any 24-hour period.

8.2 The workweek, established by the Employer, shall consist of 40 hours of work, excluding meal periods, during any five (5) consecutive days or any four (4) days during any seven (7) consecutive day period.

8.3 Work performed in excess of 40 hours during any work week (12:00 a.m. Sunday – 12:00 p.m. Saturday) shall be deemed as overtime and paid at the hourly rate of time and one-half (1 + 1/2 x). Any overtime worked must be approved in advance by the employee’s Supervisor.

8.4 Except in cases of emergencies or Acts of God requiring shift coverage, no employee will be required to work overtime which exceeds twelve (12) hours in a twenty-four (24) hour period.

8.5 Notwithstanding paragraphs 8.1, 8.2 and 8.4, certain employees, by mutual agreement with the Employer and for their mutual benefits, may be scheduled to work sixteen (16) hour shifts.

8.6 When the Employer requires an employee to come to the work site during non-work hours, the Employer will give the employee 24-hours notice. The employee will be paid for a minimum of one hour (even if the time required at their work site is less). If the Employer is unable to give the employee 24-hours notice, the returning employee will receive a minimum of two (2) hours pay (even if the time required at their work site is less).

8.7 The Employer shall normally provide employees two (2) weeks’ notice of any change in their regular work schedule and of any transfer to a different work location. Up-to-date work schedules shall be posted in each work location for all employees working at that location.

8.8 Employees interested in voluntarily working overtime should tell their supervisor of this desire and their availability. The Employer will attempt to be fair and equitable in both the distribution of voluntary overtime and requiring overtime.

8.9 When accompanying persons served on trips longer than a normal work day away from their normal work site, employees shall be paid their normal hourly wage for all hours worked, and all hours in travel status. Employee shall receive the sleep rate of pay in accordance with Section 10.5, if they are required to be available during those off hours. Overnight trips shall be voluntary. Employees left behind will be offered shifts based on seniority.

8.10 Employees who carry the pager from 5:00 p.m. Friday to 12:00 a.m. Saturday or from 12:00 a.m. Saturday to 5:00 a.m. Monday shall receive $50.00 for each time period. In addition, the employee shall receive his or her regular wages for responding to calls. The time shall be recorded in 15 minute intervals starting with the first minute of the call. Carrying the pager shall be voluntary.

ARTICLE IX. PERSONAL ACCRUED LEAVE

9.1 Employees, covered by this Agreement, shall earn and be paid, earned time off in accordance with PAL policy as set forth in Section 7 of the AKC Employee Handbook and which by this reference is incorporated into this Agreement. PAL is accrued according to the number of hours worked each work week to a maximum of 40 hours. Manually reported work hours of less than 8 hours in a pay period will not accrue PAL. In the event current policy is revised, no employee shall suffer a reduction in their time-off benefits. PAL does not apply to Bereavement Leave.

9.2 Cash-in: Employees may cash-in accrued unused PAL hours as provided in Section 7.12 of the AKC Employee Handbook.

9.3 PAL Use: The Employee shall include in the staff notebook at each location a rolling six month calendar, which denotes approved PAL days. Provided the employee has made a request at least two (2) weeks prior to the dates requested the supervisor will respond to the request in one week. Following approval of PAL days, the employee will record the information on the PAL calendar. Scheduled approved PAL days shall be canceled only in emergency circumstances and the Employer will reimburse the employee for any documented financial loss incurred as a result of the cancellation.

9.4 All eligible employees may carry over a maximum of 120 hours of accrued, unused PAL. All hours in excess of the maximum shall be forfeited on the employee’s anniversary date, unless the employee has been denied the opportunity to use it.

9.5 Employee may donate and/or request donated PAL hours as provided in Section 7.12.1 of the AKC Employee Handbook.

ARTICLE X. HOURLY RATES OF PAY

10.1 The Employer shall comply with all applicable state and federal laws as they pertain to paying employees for work performed and consistent with the terms of this Agreement and AKC policy.

10.2 This Agreement represents the hourly rates of pay and benefits for all employees. No employee shall receive any additional incentives than those provided by this Agreement.

10.3 Effective July 1, 2006 all employees shall receive a two percent (2%) salary increase. Employees with more than one year of service on or before June 30, 2006 shall receive an additional one-half percent (0.5%) for each year of continual service to a maximum of five years. It is understood that no employee shall suffer a reduction of wages because of this wage agreement.

The hourly rates of pay, and job classifications, are set forth below:

Classifications Hourly Rates of Pay

Program Manager I $11.08 - $14.63

Training Specialist I* $8.68 - $11.18

Life Enrichment Specialist (LES) I* $8.68 - $11.18

Training Specialist II* $9.04 - $12.20

Life Enrichment Specialist (LES) II* $9.04 - $12.20

Relief $10.20 - $13.46

Effective January 1, 2007, all employee wage rates will be adjusted to the amount they would have been had the all employee increase on July 1^st been three percent (3%).

The hourly rates of pay and job classifications are set forth below:

Program Manager I $11.18 – $14.76

Training Specialist I* $8.77 - $11.29

Life Enrichment Specialist (LES) I* $8.77 - $11.29

Training Specialist II* $9.13 - $12.32

Life Enrichment Specialist (LES) II* $9.13 - $12.32

Relief $10.30 - $13.60

*Determined by severity of behavioral issues.

10.4 If an employee’s performance is satisfactory, any delay in his/her annual evaluation caused by Employer shall not affect the effective date of his/her annual pay increase. If an employee is denied a pay increase, his/her performance evaluation will identify areas of deficiency, expectations for improvement, and the time frame for being reconsidered for a pay increase, which shall not exceed ninety (90) days. Any employee whose performance does not improve to the expected level within the designated time frame may either have his/her employment terminated or be subject to further corrective action, which will also include delay of any pay increase.

10.5 Sleep rate. The Employer has specific shifts that are defined as sleep rate positions. Such positions are paid the Oregon minimum wage and such hours are considered hours worked for the purpose of calculating overtime.

10.6 Lead positions: Employees assigned lead position work who perform duties outlined in the position description shall receive a $1 per hour premium for all hours worked in a lead position.

ARTICLE XI. AKC INSURANCE PLAN

11.1 The Employer will continue to provide medical and dental insurance benefits for eligible employees under the terms set forth in the Albertina Kerr Employee Handbook and offer a flexible spending account in accordance to Section 125 of the Internal Revenue Service Tax Code. Although the Employer will attempt to maintain benefit levels, it retains the right to change plans, benefits, carriers, and the amount of employee contribution for dependent coverage. However, before making any such changes, the Employer will notify the Union, and upon request, meet to discuss the contemplated changes and to receive employee input regarding any possible alternative changes or modifications. Following such meeting, the Employer may proceed either with the originally-intended modifications or in some other manner based on the discussions with the Union. If the Union finds the Employer’s actions to be unacceptable, the Union may, with ten (10) days’ written notice to the Employer, engage in lawful economic action, notwithstanding the provisions of Article VI. The Employer’s right to make insurance plan changes as set forth above continues to be in effect following the expiration of this contract.

11.2 Short-Term Disability: Short-term disability (STD) is available after one year of employment for regular full-time employees beginning the first day of the month following the year of eligible employment. In case of a bona fide disability that prevents an employee from working, STD provides $100 a week core benefit up to 22 weeks (after a 30-day waiting period). The time loss during the 30-day waiting period shall be charged against personal accrued leave or shall be leave without pay if the employee does not have sufficient earned leave to cover the absence. STD is administered by an outside provider.

11.3 Long-Term Disability: Long-term disability (LTD) insurance is provided for regular full-time employees after two years of continuous eligible employment beginning the first day of the month following the second year of eligible employment. LTD provides 60% of the base pay until recovery or age 65 (after 180-day waiting period). LTD is administered by an outside provider.

ARTICLE XII. HOLIDAYS

12.1 The Employer observes seven (7) paid holidays each calendar year, including:

a. New Year’s Day (January 1);

b. Martin Luther King, Jr. Birthday;

c. Memorial Day;

d. Independence Day (July 4);

e. Labor Day;

f. Thanksgiving Day; and

g. Christmas Day (December 25).

12.2 Holidays are paid and observed as set forth in Section 7.14 et seq. of the AKC Employee Handbook, which by this reference is incorporated into this Agreement.

12.3 Employees will be paid at time and one-half (1 + ½ x) their regular rate of pay for all hours worked on a holiday, in addition to their holiday pay.

ARTICLE XIII. BEREAVEMENT LEAVE

13.1 Employees shall receive upon request Bereavement Leave for up to three work days with pay, when a member of their immediate or extended family dies. Employees may take up to eight (8) paid hours off to attend the funeral services of an aunt, uncle, cousin, in-law, nephew or niece. For the purpose of this policy, a member of the immediate or extended family as defined in the Family Medical Leave Act includes:

a. Biological, adoptive or foster child, or stepchild.

b. Spouse, parent, grandparent, sister or brother, or parent of spouse/domestic partner.

c. Domestic partner or significant other.

13.2 The employee shall give his/her Supervisor a written request on or before the first day of the leave, specifying the relationship of the deceased. When advance notice is not possible, the employee shall make a verbal request and follow up with a written request as soon as possible.

ARTICLE XIV. DRUG FREE WORKPLACE STATEMENT

14.1 The Employer and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is their goal to protect the health and safety of employees and to promote a productive workplace and protect the reputation of the parties to this Agreement and the employees.

14.2 Consistent with these goals, the Employer prohibits the use, possession, distribution and/or sale of drugs, drug paraphernalia or alcohol, at its employment sites. A program of urine testing, pursuant to the substance abuse program, has been agreed upon between the parties and has been instituted to monitor compliance with this policy.

14.3 The Drug Free Workplace Statement is contained in a separate Schedule A, attached to this collective bargaining agreement.

ARTICLE XV. MANAGEMENT RIGHTS

15.1 In order to operate its business, the Employer, in its sole discretion, retains and shall have the following exclusive rights except as limited by a specific provision of this Agreement and state or federal laws and regulations:

a. To determine the number, location and types of its businesses; to change the types of its businesses; to move in whole or in part the location of its businesses; to decide the services to be rendered; to discontinue temporarily or permanently, in whole or in part, by sale or otherwise the services to be rendered or the conduct of its business or operations; to subcontract or contract out any of the services to be rendered, all facility construction and maintenance, and all location service work; to decide the nature of equipment, and machinery processes used; to change, combine, establish or abolish job classifications and the job content of any classification now existing or hereafter created; to determine the job qualifications required for any job classification now existing or hereafter created; and to establish new job classifications and the job contents, qualifications and rates of pay therefore.

b. To select all of the employees; to determine the number of employees, including the number of employees assigned to any particular operation or shift and to determine whether, when or where there is a job opening; to establish schedules of service, hours of work, and the number of shifts; to determine when overtime shall be worked and to require employees to work overtime; to determine the work performance levels and standards of performance of all of the employees and of all job classifications and to determine whether any individual meets such levels and standards; to require medical examinations where necessary to determine an employee’s qualifications; to terminate or lay off employees as the result of the exercise of any of the rights enumerated above; to direct and supervise all of the employees; to determine relative ability of employees, and to assign employees between job classifications and between shifts; to establish and enforce work and safety rules for all the employees and to change and/or modify work and safety rules; and to maintain order.

c. To transfer employees, except that an employee with one (1) year of seniority may not be transferred involuntarily, unless:

1. to meet an emergency, not to exceed one (1) month; the employee will be returned to his/her previous position and work schedule;

2. for the health and well being of the people served; or

3. to comply with a bona fide occupational qualification.

If the situation is resolved to the satisfaction of the Employer, that employee may be returned to his/her previous position and work schedule.

15.2 Any of the rights, powers, authority and functions the Employer had prior to the negotiation of this Agreement are retained by the Employer, and the expressed provisions of this Agreement constitute the only limitations on the Employer’s right to manage its business. The Employer not exercising rights, powers, authority and functions reserved to it or its exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and functions or of its right to exercise them in some other way not in conflict with a specific provision of this Agreement.

15.3 All other traditional rights of management are also expressly reserved to the Employer and the express provisions of this Agreement constitute the only limitations upon the Employer’s right to manage its business.

15.4 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the Employer enumerated above or any other rights of the Employer not limited by the clear and explicit language of a clause of this Agreement or arising out of or in any way connected with the effects of the exercise of any of such above-described rights is not subject to the grievance and arbitration provisions set forth in this Agreement.

15.5 Closure Notice. Should AKC close the operations of one or more of the facilities for six months or longer period of indefinite duration where employees covered by this Agreement are employed it will attempt to give at least 60 days prior notice of closure to affected employees and the union, unless circumstances reasonably dictate a lesser amount of notice. Upon request AKC shall meet with the Union to bargain concern over the affects of such closure on employees. The Employer shall continue the medical and dental insurance benefits for the affected employees for the next month following the closure.

ARTICLE XVI. STEWARDS

16.1 One Union Representative is permitted at each of the Employer’s locations. The Union Representative must be an employee assigned to the respective location.

16.2 The Employer shall compensate a Union Representative for time spent in grievance meetings with the Employer as follows:

a. Pre-approved time during the Union Representative’s working hours; or

b. Mutually agreed upon meetings outside the Union Representative’s working hours, excluding travel time to and from a meeting.

c. The time spent in 16.2a and 16.2b, above, shall not count as time worked for purposes of overtime.

16.3 A Union Representative may investigate a grievance only outside the Union Representative’s and the employee’s working hours; and neither the Union Representative nor the employee shall be compensated by the Employer for such time.

16.4 The AFCSME Council representative shall not have access to the Employer’s premises without the Employer’s express approval. Such approval is solely within the Employer’s discretion and must be secured from the Vice President of Kerr Developmental Disabilities Services (DDS) at least forty-eight (48) hours prior to the requested time of access, and the permission granted shall be only for that designated visit and no other.

16.5 Employees shall be permitted to discuss work and union-related matters on the job, in the same manner and circumstances they are permitted to discuss nonwork-related matters. It is understood and agreed that all such discussions will be conducted so as not to adversely impact the individuals served by the Employer.

16.6 Union Leave: The Employer shall grant upon 30 days advance written notice, up to twelve weeks leave of absence to employees designated by the Union in accordance with Section 8.1 of the AKC Employee Handbook. The employee shall continue to accrue seniority during the leave of absence.

16.7 Union Information: The Union shall be provided space to store a Union notebook at each employee work site to post the contract authorization forms, and meeting notices.

16.8 Safety Committee: The Union shall annually designate an employee member of the AKC central safety committee. Unless employment is ended, the employee shall serve a one‑year term on the committee. Any vacancy can be filled by the Union by designating a new employee member for the remaining portion of the one-year term. Employee representatives attending safety committee meetings or participating in required safety committee instruction or training shall be compensated their regular hourly wage, as required by law.

ARTICLE XVII. NON-DISCRIMINATION

17.1 The Employer and the Union agree not to discriminate against any individual with respect to any person’s hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, sexual orientation, national origin, marital status, veteran’s status or disability, or protected union activity, nor will they limit, segregate or classify employees in any way to deprive any individual employee of employment opportunities because of his race or color, religion, age, sex, sexual orientation, national origin, marital status, veteran’s status, or disability or protected union activity.

17.2 Wherever this contract makes reference to an employee in the masculine gender, it shall be presumed to be equally applicable to the feminine gender.

ARTICLE XVIII. ADVERSE ECONOMIC AND/OR COMPETITIVE CONDITIONS

In the event, during the term of the Agreement, the Employer begins to experience documented adverse economic and/or competitive conditions that threaten its ability to continue all or part of its residential and vocational care operations in Lane County, the Employer may reopen this Agreement after sixty (60) days’ written notice to the Union to seek relief through the negotiation of the terms and conditions contained in this Agreement. Should the Employer and the Union fail to reach mutual agreement on changes, either party may be free to take whatever type of economic action that either party deems appropriate including, but not limited to, unilateral implementation of new contract terms, lock-out, strike, etc. The right to seek economic and/or competitive relief may only be utilized on one (1) occasion during the life of this Agreement.

ARTICLE XIX. SEPARABILITY AND SAVINGS CLAUSE

19.1 If any Article or section of this Agreement and any Schedules thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and any Schedules thereto, or the application of such Article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.

19.2 In the event that any Article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such Article or section during the period of invalidity or restraint. There shall be no limitations of time for such written notice.

ARTICLE XX. DURATION

20.1 This Agreement shall be in full force and effective from January 1, 2006 through June 30, ____. If either party wishes to negotiate a successor Agreement, it shall serve notice of such intention upon either party not more than ninety (90) days nor less than sixty (60) days prior to the expiration date.

20.2 It is agreed that during the negotiations leading to the execution of this Agreement, the Union has had full opportunity to submit all items appropriate to collective bargaining; that the Union expressly waives the right to submit any additional item for negotiation during the term of this Agreement, whether or not such item is referred to or covered in this Agreement or whether the item was or was not discussed during the course of negotiations leading to the execution of this Agreement; and that this Agreement incorporates their full and complete understanding, superseding and invalidating any previous commitments of any kind, oral or written, and all employee and Union rights and benefits not specifically incorporated herein. The specific provisions of this Agreement are the sole source of any rights which the Union or any member of the bargaining unit may charge the Employer has violated in raising a grievance.

20.3 In the event notice to modify or amend has been given, as provided above, and no agreement has been reached by the expiration date of this Agreement, all rights and obligations under the Agreement will become void and the Agreement will terminate, which shall include any and all obligations of the Employer or the Union to pursue or adjust grievances, arbitrate disputes, make payments from one party to the other, or otherwise abide by the terms of the contract.

20.4 Notwithstanding the provisions of 20.1, this Agreement will reopen for purposes of renegotiation of the wages and benefits provided in Articles X and XI, ten (10) days following adjournment of the 2007 Oregon Legislature. In the event the parties cannot reach agreement, and provided the Employer receives the required ten (10) day strike notice, any strike or stoppage of work shall not be deemed a violation of Article VI.

DATED at Eugene, Oregon this ______ day of ___________________, 2004.

KERR DEVELOPMENTAL AMERICAN FEDERATION OF

DISABILITIES SERVICES, STATE, COUNTY AND MUNICIPAL

LANE COUNTY EMPLOYEES, AFL-CIO

By: By:

Christopher J. Krenk, MSW, ACSW AFSCME Local 3214

President/Chief Executive Officer Negotiating Team Member

AMERICAN FEDERAL OF

STATE, COUNTY AND MUNICIPAL

EMPLOYEES, AFL-CIO

By_________________________________ By_________________________________

AFSCME Local 3214 AFSCME Council 75 Representative

Negotiating Team Member

SCHEDULE A

DRUG FREE WORKPLACE STATEMENT

In accordance with the Drug Free Workplace Act of 1988, and to promote optimal client care, Albertina Kerr Centers is committed to maintaining a safe, healthy and drug-free work environment.

A.1 Prohibited Activities and Consequences. The unlawful use, sale, possession, manufacture or distribution of alcohol or a controlled substance is prohibited on Agency property; in the presence of Agency clients; while on duty; during rest periods and break periods; while operating an Agency vehicle or attending an Agency-sponsored event. Any employee exhibiting behavior associated with the use of alcohol or illegal drugs, while on duty or while participating in functions related to employment, may be cause for disciplinary action. Failure to abide by this policy may result in any or all of the following disciplinary actions:

· Suspension;

· Enrollment and satisfactory participation in a rehabilitation program;

· Discharge from employment; and

· Probationary conditions.

The definition of illegal drugs includes drugs that are not legally obtainable; drugs that are legally obtainable, but have not been obtained legally; and drugs that have been used in a manner violating the physician’s prescription for a legal drug.

A.2 Employee Responsibilities. It is the responsibility of every employee to:

· Report to work fit for duty;

· Seek help for drug/alcohol abuse;

· Report in advance the use of prescription drugs that may affect job performance;

· Report suspected violation of this policy; and

· Refuse to condone the drug and/or alcohol abuse of co-workers.

A.3 Reporting of Criminal Drug Activity Conviction. Employees will notify Albertina Kerr Centers in writing within five (5) days of any conviction for criminal drug activity occurring in the workplace. The Agency will notify the contracting agency (provider of funds) upon receipt of such notice of conviction. Employees convicted of criminal drug activity in the workplace may be required to participate and provide satisfactory reports of such participation in a drug rehabilitation program as a condition of further employment. Referral to such a program or termination should be implemented within 30 days of the date of conviction notification.

A.4 Supervisory Responsibilities. It is the responsibility of every supervisor to:

· Attend appropriate management training;

· Ensure that job performance standards are established and maintained;

· Refer employees to counseling or other assistance if job performance or employee behavior indicates possible drug and/or alcohol abuse;

· Maintain employee confidentiality; and

· Report suspected policy violations to upper management.

Employees are also expected to maintain and report violations of the last two infractions, above.

A.5 Preplacement Drug Tests. Every offer of employment is conditional upon the successful completion of a test for the presence of controlled substances. The test will be scheduled at a qualified medical facility chosen by Albertina Kerr Centers as soon as possible after an offer of employment is made and before the individual begins work. The Agency is responsible for the cost of testing.

The medical facility will communicate the outcome of the examination (pass or fail) orally and in writing to the Director of Human Resources. Positive drug tests will be confirmed according to generally accepted laboratory procedures.

The Director of Human Resources or representative will inform the applicant of the test results. The offer of employment will be withdrawn if the applicant tests positive for a controlled substance. Applicants who test positively may not reapply for employment with Albertina Kerr Centers for twelve (12) months from the date of the failed test.

A.6 Testing Employees on Reasonable Suspicion of Drug or Alcohol Use of Influence. Any employee of Albertina Kerr may be required to report for drug and alcohol testing, on the reasonable suspicion of the employee’s manager or supervisor that the employee is using or is under the influence of drugs or alcohol. The decision to test requires the approval of the next level manager and/or the appropriate Administrator in consultation with the Human Resources Department.

Reasonable suspicion may be based on inappropriate behavior, appearance, or observed use or possession of a controlled substance or alcohol. In addition, an employee who is involved in either a serious safety violation or an accident in which injury to the employee or other persons, or damage to property occurs may be required to report for drug and alcohol testing.

An employee who refuses to be tested, who provides a tampered sample for testing, or who tests positive for a controlled substance, or who is under the influence of alcohol will be subject to discipline, up to and including discharge from employment.

The employee has the right to union representation during the testing process, but the employer shall not be obligated to delay the testing process for more than 90 minutes for union representation to be present.

A.7 Communication of Drug and Alcohol Policy. Every employee should receive a copy of this policy. As a condition of employment, each employee will be required to sign a drug free Workplace Compliance Statement, specifying that they will comply with the terms of this policy.

Albertina Kerr Centers – Drug Free Workplace Compliance Statement

Albertina Kerr Centers recognizes the costs to society and to individuals from drug and alcohol use. The Agency maintains a firm commitment to provide reliable service to its clients and a safe and healthy work environment for its employees. While the vast majority of employees are not involved with alcohol abuse or illegal drugs, those who are can have an adverse impact on the workplace, as well as their own job performance.

Recognizing that there may be employees who have a drug or alcohol problem, Albertina Kerr Centers stands willing to assist in the resolution of that problem and encourages employees to seek help. Employees covered by Agency-offered medical plans may refer to their benefits booklet or Summary Plan Description, or call their provider, for information on confidential assistance programs. To meet our obligations to employees and clients, and to comply with our obligation under the Drug Free Workplace Act of 1988, the following policy has been adopted and will be enforced:

· The Agency prohibits the unlawful use, sale, possession, manufacture, distribution, or being under the influence of alcohol or a controlled substance, on Agency property, in the present of Agency clients, while on duty, during rest periods and break periods, while operating an Agency vehicle or attending an Agency-sponsored event. Employees who violate this prohibition will be subject to disciplinary action, up to and including discharge from employment.

· The Agency retains the right to require any employee to report for drug and/or alcohol testing for reasonable suspicion or following an accident in which there is injury to persons or property.

· As a condition of continuing employment, employees must abide by the terms of this statement and must notify the employer of any criminal drug conviction within five days of the conviction where workplace conduct is involved.

· As a condition of employment, new employees will be required to report for drug testing after an offer has been made but before reporting for work.

I have read and understand the Drug Free Workplace Compliance Statement. I agree to comply with the Albertina Kerr Centers Drug and Alcohol Policy. I understand that any offer of employment with the Agency is contingent upon the successful completion of drug testing before beginning work, and I consent to testing according to Albertina Kerr Centers policy. I further understand that this agreement is not a guarantee of employment for a specified time.

Signature Date