LABOR AGREEMENT
COMMUNITY SERVICES CONSORTIUM
and
AFSCME, Local NO 3563
AFL-CIO
TABLE OF CONTENTS
PREAMBLE
............................................................................ 5
ARTICLE I. RECOGNITION
5
Section 1.
ARTICLE II. GENERAL
PROVISIONS
..5
Section 1. Zipper Clause
Section
2. Gender Definition
ARTICLE III. MANAGEMENT
RIGHTS
..5
ARTICLE IV.
Section 1. Check off
Section
2. Fair Share Agreement
Section
3. Employee Listing
ARTICLE V. UNION
ACTIVITY
..7
Section 1. Union Activity
Section
2. Bulletin Boards
Section
3. Union Responsibility
ARTICLE VI. NON
DISCRIMINATION
..8
Section 1. Union/Non-Union Membership
Section
2. Non-Discrimination
ARTICLE VII. STRIKES
AND LOCKOUTS
..8
Section 1. No Strike Provision
Section
2. Notification of
Section
3. No Lockout Provision
ARTICLE VIII. HOURS
OF WORK AND OVERTIME
.9
Section 1. Application of this Article
Section
2. Regular Hours
Section
3. Standard Full Time Workweek
Section
4. Work Schedules
Section
5. Flex or Adjusted Schedules
Section
6. Overtime Premium
Section
7. Rest Periods
Section
8. Meal Periods
Section
9. Unusual Work Situations
Section
10. Unused Rest and Meal
Situations Time
Section
11. Call-In Time
ARTICLE IX. OTHER
LEAVES OF ABSENCE
..10
Section 1. Leave Procedures
Section
2. Leave Without Pay
Section
3. Parental Leave
Section
4. Compassionate Leave
Section
5. Witness or Jury Duty
Section
6. Military
Section
7. Educational and Training
Leave
Section
8. Seniority
ARTICLE X. PROBATION
PERIOD
..
..12
Section 1. Definition
Section
2. Promotional Probation
Section
3. Promotional Step Increases
Section
4. Date of Anniversary Change
for Promoted Employees
ARTICLE XI. HOLIDAYS
..
.
13
Section 1. Holidays
Section
2.
Section
3.
Section
4. Weekend Holidays
Section
5.
Section
6.
Section
7. Eligibility for
ARTICLE XII. VACATION
LEAVE
..
..
14
Section 1. Accrual
Section
2. Scheduling
Section
3. Accumulation
Section
4. Termination or Death
Section
5. Continued Vacation Credit
ARTICLE XIII. SICK
LEAVE
..
15
Section
1. Accrual
Section
2. On-The-Job Accident
Section
3. Scope
Section
4. Retirement, Disability or
Death
Section
5. Sick Leave Reinstatement
Section
6. Unused Sick Leave
Conversion
ARTICLE XIV. SENIORITY
.
..16
Section
1. Definition
Section
2. Acquisition of Seniority
Section
3. Seniority List Posting
Section
4. Layoff
Section
5. Recall
Section
6. Filling of Vacancies
Section
7. Continuous Service
ARTICLE XV. CLASSIFICATION
.
.18
Section 1. Reclassification Request
Section
2. Classification Request
Section
3. Working Out of
Classification
Section
4. Classification Not
Guaranteed
ARTICLE XVI. WAGES
AND SALARIES
..
19
Section 1. Wages
Section
2. Wages in the Third through
5th Year of this Agreement
Section
3. Social Security
Section
4. Salary and Wage Re-opener
Section
5. Step Increases
Section
6. Pay Periods
ARTICLE XVII. HEALTH
AND WELFARE
.
..
..20
Section 1. Medical and Dental Insurance
Premiums During the Term of this agreement
Section
2. Life Insurance
Section
3. Disability Insurance
Section
4. Dependent Medical Insurance
Continuation
Section
5. Deferred Compensation Plan
Section
6. Health and Welfare
Proration
Section
7. Health Benefits Committee
Section
8. Employee Assistance Program
Section
9. Flexible Spending Account
ARTICLE XVIII. PERS
(PUBLIC EMPLOYEE RETIREMENT SYSTEM)
.
.....22
Section 1. Contributions
ARTICLE XIX. EMPLOYEE
DISCIPLINE
..
.
22
Section 1. Corrective Discipline
Section
2. Removal of Discipline
Section
3. Administration of
Discipline
Section
4. Presence of Shop Steward
Section
5. Notice to
ARTICLE XX. SAFETY
..
..........23
Section 1. Safety Rules
Section
2. Labor/Management Committees
for Wellness
ARTICLE XXI. MISCELLANEOUS
PROVISIONS
..
.
.23
Section 1. Job Sharing
Section
2. Transfer Notice
Section
3. Mileage Pay
Section
4. Bargaining Unit Work
Section
5. Contract Work
Section
6. Negotiations
Section
7. Regular Employee
ARTICLE XXII. GRIEVANCE
PROCEDURE
.
..
..24
Section 1. Grievance Definitions
Section
2. Time Limitation Procedures
Section
3. Informal Discussion
Permitted
Section
4. Confidentiality
Section
5. Exclusive Remedy
Section 6. Grievance Procedure
Grievance at Step 1
Grievance
at Step 2
Grievance
at Step 3
Grievance
at Step 4
Section
7. Absence from Work Station
ARTICLE XXIII. SAVINGS
CLAUSE
..
.
.28
ARTICLE XXIV. TERM OF
CONTRACT
.......
..31
SIGNATURE
PAGE
...
31
PREAMBLE
This agreement is entered into between the Community
Services Consortium, hereinafter referred to as "CSC" and Local 3563,
affiliated with Council 75 of the American Federation of State, County and
Municipal Employees, AFL - CIO, hereinafter referred to as the "
The purpose of the agreement is to set forth those matters
pertaining to rates of pay, hours of work, fringe benefits and other matters
pertaining to employment.
ARTICLE
Section 1.
The Community Services Consortium recognizes the Union as
the sole and exclusive bargaining agent for the purpose of establishing
salaries, hours and other conditions of employment for all employees of the
Community Services Consortium except temporary employees (those employees who
work fewer than 1,040 hours in any fiscal year), part-time employees (regularly
working a schedule of fewer than 20 hours per week), and employees who,
because of their supervisory or confidential status, do not have
statutory bargaining rights.
ARTICLE II. GENERAL PROVISIONS
Section 1. Zipper Clause.
Nothing herein shall preclude CSC and the Union from meeting
during the term of this agreement at the request of either party to discuss
procedures for avoiding grievances and for generally improving relations
between the parties; however, CSC shall have the unqualified right to
unilaterally modify any employment condition not covered by the terms of this
agreement, and to do so without bargaining either the decision to do so, or its
impact on the bargaining unit.
Section 2. Gender Definition.
For the purposes of this agreement, the word
"employee" shall refer only to CSC employees who are members of the
bargaining unit as defined in Section 1 of Article 1. All references to employees designate both
sexes, and whenever either gender is used it shall be construed to
include both male and female employees.
ARTICLE III. MANAGEMENT RIGHTS
Except as otherwise expressly limited by the terms of this
agreement, CSC 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 CSC or any division
or part thereof. Without limitation, but
by way of illustration, the exclusive prerogatives, functions and rights of CSC
shall include the following:
A. To determine the services to be provided to
the citizens of the tri-county (Linn, Benton, and Lincoln) area.
B. To determine CSC'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
or 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; the 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,
when it is in the public interest, subject to the provisions of Article XXI,
Section 5.
G. To determine the need for a reduction or 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, workdays, 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
post-probationary employees, so long as such action does not lack just
cause. Probationary employees shall
serve at the discretion of CSC.
N. To determine 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 CSC.
ARTICLE IV. UNION RIGHTS
Section 1. Check Off.
While this agreement is in effect,
CSC agrees to deduct the monthly membership dues from the pay of those
employees who individually request such deductions in writing, and to remit the
aggregate thereof to the treasurer of the
Section 2. Fair Share Agreement
A. Each employee who, thirty (30) days
after the date of hire, is a member of the bargaining unit which the Union
serves as a certified agent but who is not a member and chooses to remain not a
member of the Union is subject to the provisions of this Section. Inasmuch as it is required that the
B. Such amounts certified by the
C. A like amount in lieu of dues shall be
automatically deducted from all employees in the bargaining unit who have not
signed an authorization form requesting Union membership dues deduction.
D. Individual
employee objections to membership or deduction of dues based on bona fide
religious tenets or the teachings of a church or religious body of which the
employee is a member shall require the employee to inform CSC and the
E. The
provisions of ORS 260.432 (1).
F. The
Union shall indemnify, defend, and save CSC and/or any of its management
employees harmless, for any costs
incurred through any court or other legal proceeding instituted by any employee
in the bargaining unit as a result of the application of this Section. The
Section 3. Employee Listing.
CSC agrees to furnish the
ARTICLE V. UNION ACTIVITY
Section 1. Union Activity.
Except as herein expressly permitted
or agreed to by CSC, Union business other than grievances shall be transacted
outside of normal working hours. (An
exception may be granted if a request is made to the CSC Executive Director by
the Union president.) A Union
representative may enter CSC property to conduct Union business provided that
notice is given to the appropriate program director or authorized CSC
representative.
The
Duties required by the
Section 2. Bulletin Boards.
CSC agrees to provide bulletin
boards for the
Section 3. Union Responsibility.
The
ARTICLE VI. NON-DISCRIMINATION
Section 1. Union/Non-Union
Membership.
Neither CSC nor the
Section 2. Non-Discrimination.
The provisions of this agreement
shall be applied equally to all employees in the bargaining unit without
discrimination as to age, sex, marital status, sexual preference, race, color,
creed, national origin, or political affiliation.
ARTICLE VII. STRIKES AND LOCKOUTS
Section 1. No Strike Provision.
During the term of this agreement,
the
Section 2. Notification of
In the event of a strike, work
stoppage, slow down, or the observance of a picket line in violation of ORS
243.732, CSC shall notify the Union by certified letter, telegram or phone
mailgram, to a representative of AFSCME Council #75 and/or to the president of
AFSCME Local 3563. Following
notification, AFSCME or AFSCME's designee shall secure an immediate and orderly
return to work. This obligation shall
not be affected or limited by the subject matter involved in the dispute giving
rise to the work stoppage, or whether such subject matter is or is not subject
to the grievance provisions of this agreement.
Should any amendment to ORS 243.732 occur during the term of this agreement,
the parties shall meet within ten working days thereof for the purpose of
negotiating a substitute for the provision of this Section.
Section 3. No Lockout Provision.
During the term of this agreement,
CSC shall not instigate a lockout over a dispute with the
ARTICLE VIII. HOURS OF WORK AND
OVERTIME
Section
1. Application of This Article.
This
Article is intended as a basis for calculating overtime payments and establishing
work schedules. Nothing in this Article shall be construed as
a guarantee of hours of work per day or per week. Where this agreement covers matters addressed
in ORS 279.340 and 279.342, CSC and the
Section
2. Regular Hours.
Working
hours for each employee shall be regular and consecutive, except for meal
periods.
Section 3. Standard
Full Time Workweek.
Excluding
meal periods, the workweek shall consist of forty (40) hours per week, not to
be worked in excess of five (5) consecutive days with at least two (2)
consecutive days off, or four (4) consecutive days with at least three days
off, as designated by CSC.
Section 4. Work Schedules.
Except for emergencies, or mutual agreement between employees and
program directors, work schedules shall not be changed unless ten (10) working
days' notice is provided to employees.
Section
5. Flex or Adjusted
Schedules.
A flex or adjusted
schedule may be initiated by the employer, or requested by the employee, when a
special requirement is identified. A
flex schedule is intended to accommodate the special needs of CSC or the
employee within CSC's operational needs.
Section 6. Overtime
Premium.
An employee shall be paid or granted compensatory time off at
CSC's discretion at one and one-half (1-1/2) times the employee's regular rate
of pay for all time worked in excess of forty (40) hours in any scheduled
workweek. All overtime must be
pre-approved by an authorized supervisor.
No bargaining unit member may unilaterally decide to work overtime. Accrued compensatory time may not exceed a
maximum of forty (40) hours. Accrued
compensatory time in excess of forty (40) hours shall be paid in the pay period
in which it was earned, or the employee shall be granted immediate time
off. CSC shall not alter schedules where
the intent is to deny employees overtime.
Section 7. Rest Periods.
All employees' work schedules shall provide for a fifteen (15)
minute rest period during each one-half (½) shift. Rest periods shall be scheduled at the middle
of each one-half (½) shift whenever feasible.
Employees who are authorized by their supervisors to work beyond their
regular quitting time into the next shift shall receive a fifteen (15) minute
rest period before they start work on the next succeeding shift, if it is
anticipated by the supervisor that the overtime will extend to a minimum of one
(1) hour. In addition, employees shall
be granted the regular rest periods during each additional shift. Rest periods that are not taken during a
given shift shall not be considered as overtime accumulation. Rest periods shall be scheduled in a manner
which will not interrupt the efficient operation of the program.
Section
8. Meal Periods.
Employees
shall receive an unpaid lunch period of at least one-half (½) hour, but not
more than one hour during each work shift.
Whenever possible, lunch periods shall be scheduled at the middle of the
shift. Length of lunch periods shall be
in accordance with existing practice in each program area. An employee required to be on duty during a
lunch period shall be compensated. Prior
supervisory approval for such compensation is required.
Section 9. Unusual
Work Situations.
When unusual situations occur
which prevent a rest or meal period being taken at the assigned time, that rest
or meal period must be taken as soon as it can be reasonably arranged.
Section 10. Unused Rest and
Meal Time.
Rest and meal time not utilized may not accumulate for later use.
Section 11. Call-In Time.
Employees called in to work outside their regular shifts shall be
paid a minimum of three (3) hours at regular rate of pay, or actual time,
whichever is greater. If call-in results
in exceeding the forty (40) hour workweek, the pay rate shall be determined
pursuant to Section 5 of this Article.
Call-in shall be authorized in advance by an appropriate
supervisor. Violation of this Section
may result in disciplinary action.
ARTICLE IX. OTHER LEAVES OF ABSENCE
Section 1. Leave Procedure.
Employees may request leaves of
absence for the purposes specified in this Article. Each request shall be judged by the Executive
Director on its merits and on the basis of the guidelines provided in this
Article.
No leave of absence, with or without
pay, shall be granted unless a request is submitted by the employee in writing
to the program director or the Executive Director pursuant to Section 2 of this
Article. Approval of leaves shall be
obtained prior to the beginning of leave periods. All paid leaves shall be considered time
worked.
Section 2. Leave Without Pay.
Program directors may, for any
reasonable purpose, grant a leave of absence without pay for a period not to
exceed 90 calendar days. Leaves of
absence without pay in excess of 90 calendar days may be approved at the
discretion of the Executive Director.
Section 3. Parental
Leave.
Parental leave shall
be granted upon written request to the program director for a period not to
exceed 90 days (approximately 12 weeks) from the date of birth of a
child or from the date of custody in an adoption of a child under six years of
age, inclusive of paid leave accruals.
In special circumstances, upon written request to the Executive
Director, an additional 90 days (approximately 12 weeks), may be granted. No leave may exceed a maximum of six (6)
months. An employee (male or female)
may utilize paid sick leave. Continuation of, or pro-ration of benefits,
shall be subject to CSC policies regarding timely prepayment of applicable
premiums by the employee during all periods of leave without pay. At the end of this leave, employees shall
resume duties as provided in ORS 659.360.
Under the Oregon Family Leave Act (OFLA) and the Family and Medical Leave
Act of 1993(FMLA) up to 12 weeks of job-protected leave is provided to eligible
employees for certain family and medical reasons. Please see Department of Labor postings and
talk to Personnel for additional information.
OFLA/FMLA leave overlaps the first 12 weeks of leave provided by CSC
under the AFSCME Labor Agreement and/or CSC Personnel Policies. CSC uses the calendar year method of
calculating the 12 weeks, and all paid leave accruals must be used prior to
unpaid leave.
Section 4. Compassionate Leave.
In addition to regular sick leave,
employees shall be granted not more than three (3) days leave of absence with
pay per fiscal year in the event of a death in their immediate family, in order
to make household adjustments or to attend funeral services. In the event of a family death occurring more
than two hundred (200) miles from home, employees shall be granted an
additional two (2) days paid leave of absence.
This leave shall not be charged to any other accrued leave. An employee's immediate family shall be
defined as spouse, parents, children, grandchildren, brother, sister,
grandparents, father-in-law, mother-in-law, sister-in-law, brother-in-law,
stepmother, stepfather, son-in-law, and daughter-in-law. In relationships other than those set forth
above, and under exceptional circumstances, the Executive Director may approve
leave. In the event of more than one
compassionate incident occurring in the same fiscal year, the Executive
Director may grant additional paid compassionate leave.
Section 5. Witness or Jury Duty.
When employees are called for jury
duty or are subpoenaed as a witness, they shall thereafter transfer
compensation received in the amount of $100 or more for the performance
of such duty to CSC in exchange for CSC continuing their regular
compensation. Such time shall be
considered as time worked. Compensation
monies are to be submitted to the Finance Department. If an employee is required to stay overnight
or through a weekend, these special expenses, as well as statutory mileage
payments, may be retained by the employee.
Section 6. Military.
An employee of CSC who is a member
of the national guard or a reserve component of the armed forces for the
Section 7. Educational and
Training Leave.
An employee may request, and a
program director may approve, a formal educational course, workshop or training seminar
provided by a college, certified school, or a professional training
provider. Paid time off will only be granted if taken during
working hours and will only be granted when the training directly benefits
CSC. Any exceptions must be approved by
the Executive Director.
Employee Educational Agreement
In all instances where a formal
educational course(s) is approved, an employee must, prior to enrolling, sign
an agreement containing the following terms:
1. The
employee agrees to continue in CSC employment for a minimum period of one year
dating from the completion of the course(s).
2. The
employee agrees in the event he/she chooses to leave CSC employment and not
complete the minimum period as outlined in #1 above, the employee shall repay
CSC the cost of the educational course(s) on a pro-rated basis, directly
related to the employment period not completed.
3. The
employee agrees any repayment required by #2 above shall be deducted from the
employee's final payroll check.
4. This
rule may be utilized to maintain teacher or professional certification required by the State of
Section 8. Seniority.
Any employee granted a leave of absence under this Article
shall retain existing seniority; however, an employee shall not accrue
seniority during any leave without pay which exceeds three (3) months.
ARTICLE X. PROBATION PERIOD
Section 1. Definition.
All employees newly hired or
promoted into positions covered by this agreement shall be considered
probationary until they complete a probationary period. The probationary period for full-time regular
employees is defined as 1,040 hours of trial service, during which
employees serve at the pleasure of CSC and may be discharged without just
cause. The probationary period for
regular part-time employees shall be pro-rated on an hourly basis according to
approved F.T.E. Exceptions to the terms
of this article will be governed by Rule 7 in the CSC Personnel
Policies. Off-probation dates are
established as the first day of the next payroll period following
completion of minimum probation service.
Section 2. Promotional
Probation Period.
The probationary period for an employee promoted into a
higher position than held previously is defined as 520 working hours of trial
service. The probationary period for
regular part-time employees shall be pro-rated on an hourly basis according to
approved F.T.E. An employee serving a
promotional probationary period shall be eligible for reinstatement to the same
or equal position previously held if the employee is deemed by CSC to be
unsatisfactory in the new position.
Section 3. Promotional Step
Increases.
A promoted employee shall receive a
step increase of at least five percent (5%) of current salary at the time of
the promotion but shall not receive a step increase at the end of the
probationary period.
Section 4. Date of Anniversary
Change For Promoted Employees.
The anniversary date of employees who are promoted shall be changed to reflect their dates
of promotion consistent with Section 1 of this Article. Application of this Section applies to timing
of future step increases.
ARTICLE XI. HOLIDAYS
Section 1. Holidays.
The following are legal holidays:
1. New
Years Day - January 1
2. Martin
L. King's Birthday - 3rd Monday in January
3. President's
Day - 3rd Monday in February
4. Memorial
Day - Last Monday in May
5. Independence
Day - July 4
6. Labor
Day - 1st Monday in September
7. Veteran's
Day - November 11
8. Thanksgiving
Day - 4th Thursday in November
9. Christmas
Day - December 25
10. Two floating
holidays during the
fiscal year. To
be used when
approved by an appropriate
supervisor.
11. In
addition to the above, any day approved by the CSC Governing Board.
Section 2.
The above dates may be modified by
mutual consent if inconsistent with state and/or federal actions occurring
subsequent to this agreement.
Section 3.
If eligible pursuant to Section 7 of
this Article, each employee shall receive one day's pay for each holiday listed
above. Part-time employees shall be paid holiday pay pro-rated in direct
proportion to approved FTE. Employees
required to work on any of the holidays listed in Section 1 shall be paid or
granted compensatory time off at CSC's discretion at two (2) times the regular
rate of pay. (The intent of this
language is to pay double time for holiday work.) Compensatory time earned may be used on a
date mutually agreed on by employees and supervisors.
Section 4. Weekend Holidays.
Whenever a holiday falls on an
employee's scheduled day off, or when the holiday falls on a Saturday or
Sunday, it shall be observed on the nearest scheduled work day.
Section 5.
An employee shall receive holiday
pay if the holiday falls during any authorized leave with pay. If an employee is on authorized vacation with
pay when a holiday occurs, the holiday shall not be charged against the employee's
vacation.
Section 6.
All employees who work on holidays
must receive written authorization from their supervisor prior to the holiday.
Section 7. Eligibility for
To be eligible for holiday pay, an
employee must work the day before and the day after the holiday or be on
authorized leave with pay. For new
hires, eligibility for the two (2) floating holidays listed in Section 1 of
this Article is contingent on the date of hire in the first year of employment. Employees hired from July 1 to September 30
shall be eligible for two (2) floating holidays. Employees hired from October 1 to March 31
shall be eligible for one (1) floating holiday.
Employees hired on or after April 1 shall not accrue any floating
holiday.
ARTICLE XII. VACATION LEAVE
Section 1. Accrual.
All full-time employees shall accrue
vacation leave in the following manner:
1st through 4th year 8.00 hours per month
5th through 9th year 10.00 hours per
month
10th through 14th year 12.00 hours per month
15 years through 19th
year 14.00 hours per month
20 years and over 16.00 hours per month
Probationary employees shall not
accrue vacation hours; however, full-time employees shall be granted 48
hours of vacation leave after successfully completing their probationary
periods, and post-probationary part-time employees who work a minimum of 20
hours per week shall be granted vacation leave on a pro-rated basis, based on
established FTE.
Employees
may not receive more paid vacation leave than they have accrued, or will accrue
during the current fiscal year. An
employee with a negative vacation balance (more claimed than earned) at the end
of the fiscal year must reimburse CSC for the overpayment. Responsibility rests with each employee to
track his/her leave accruals and usage.
Section 2. Scheduling.
Employees shall be permitted to
select split or full vacation leaves.
Whenever practical and consistent
with the needs of CSC and availability of vacation relief, employees shall have
the right to select vacation periods.
Employees must request vacation in writing to their supervisors,
allowing at least as much notice as the vacation period requested, but in no
event less than five (5) days. Vacations
shall be considered granted unless CSC makes a written denial within the afore
noted notice period. With mutual
consent, the notice period may be waived.
Selection of vacation leave shall be on the basis of seniority; however, such exercise of seniority
right shall apply to only one vacation period in each fiscal year. It is understood that it is the employees
responsibility to attempt to schedule all of their vacation within the fiscal
year.
Section 3. Accumulation.
Effective July 1, 1999, employees
will be allowed to keep the vacation accrual in their vacation leave
banks as of June 30, 1999, for the remainder of their career at CSC, unless
they choose to use it in any following fiscal year. Effective July 1, 1999, and each fiscal year
thereafter, on July 1, employees will be credited with their full fiscal years
accrual of vacation, including any increases in accrual that may occur during
that fiscal year.
Employees must use 50% of
their vacation accrued during each fiscal year (except the unused accrual as of
June 30, 1999), by June 30 of that same fiscal year, as well as any vacation
carried over from the previous fiscal year or those vacation hours will be
forfeited, except under the following conditions:
1.
If a new employees probationary period ends after
April 1 of any fiscal year, the employee may carry over vacation hours accrued
during probation into the following fiscal year; however, these hours must be
used prior to July 1 of the next fiscal year or be forfeited.
2.
If an employee
has prescheduled vacation during May or June of any fiscal year and the
vacation is cancelled at managements request, those vacation hours will be
carried over into the next fiscal year, however, the carryover hours must be
used prior to July 1 of the next fiscal year or be forfeited.
Responsibility rests with each employee to track his/her leave accruals and usage.
If employees terminate employment
with CSC prior to June 30, and have used more vacation than the amount of hours
they would have earned during that fiscal year as of the date of termination
(as outlined in Section 1, Accrual.), they shall reimburse CSC for
vacation used in excess of their monthly
accrual rate. The amount to be
reimbursed will be deducted from their final paycheck. If the reimbursement exceeds the amount of
final pay, the employee will pay CSC the amount not covered by the final
paycheck.
Upon termination or layoff,
employees will be paid for any unused vacation accrued as of the date of
termination.
Section 4. Termination
or Death.
Upon termination or death of an employee, all accumulated
vacation leave shall be paid to the employee, to their designated beneficiary
(as designated on the employee's CSC life insurance policy), or to the
employee's estate, whichever is applicable.
Section 5. Continued Vacation Credit.
An employee shall continue to earn vacation credit for a
maximum period of six (6) months during an absence caused by an
on-the-job-injury.
ARTICLE XIII. SICK LEAVE
Section 1. Accrual.
All full-time employees shall accrue sick leave at the rate
of eight (8) hours per month to be used in the event of illness of employees or
members of their immediate families or households. Immediate family is defined as spouse, parent
or minor child. In relationships other
than those set forth above, and under exceptional circumstances, such leave of
absence may be granted by the Executive Director. All part-time employees who work a minimum of
20 hours per week shall accrue sick leave on a pro-rated basis according to
established FTE. Sick leave may
accumulate to a maximum of 960 hours. No
employee may utilize sick leave before actually accruing such leave; however,
it is earned and may be used as it is earned during the probationary
period. CSC may, at its discretion,
require substantiation of sick leave of more than two consecutive days, or
where an established pattern of sick leave usage indicates potential abuse, by
requiring a physician's statement before paying sick leave.
Section 2. On-The-Job Accident.
An employee who suffers a compensable injury or illness,
shall have the option of coordinating accrued sick leave up to the rate of
one-third (1/3) day per working day in addition to workers' compensation
payments, for a total compensation equal to the employee's regular pay, for the
equivalent of the employee's accrued sick leave. An employee shall continue to earn sick leave
credit for a maximum leave period of one (1) year when the absence is the
result of an on-the-job injury or illness.
Section 3. Scope.
Sick leave may be taken for a recognized illness, injury or
mental health condition if an employee is unable to perform normal work duties;
or, when necessary to seek medical, psychological or dental care; or it is
necessary for an employee be quarantined; or when the presence of an employee
would create an unreasonable medical risk of the transfer of a communicable
disease. If necessary, sick leave may be
used in the case of an illness to support a member of an employee's immediate
family. Additionally, sick leave may be
taken for routine medical or dental check-ups without claiming illness or
injury. As used in this Section, this
term "medical" includes all duly licensed services provided as part
of the healing arts by persons who are licensed in the state of
Under the Oregon Family Leave Act (OFLA) and the Family and Medical Leave
Act of 1993 (FMLA) up to 12 weeks of job-protected leave is provided to
eligible employees for certain family and medical reasons. Please see Department of Labor postings and
talk to Personnel for additional information.
OFLA/FMLA leave overlaps the first 12 weeks of leave provided by CSC
under the AFSCME Labor Agreement and/or CSC Personnel Policies. CSC uses the calendar year method of
calculating the 12 weeks, and all paid leave accruals must be used prior to
unpaid leave.
Section 4. Retirement, Disability or Death.
Upon retirement, all employees eligible for retirement
benefits under the Oregon Public Employees Retirement System (PERS) shall
receive payment for one-half (½) of their accumulated sick leave, and the other
one-half (½) shall be used to calculate the final average salary for retirement
benefits under PERS in accordance with the provisions of ORS 237.153. In case of an employee's death or permanent
disability, the employee or the designated beneficiary shall receive full
payment for all accrued sick leave.
Section 5. Sick Leave Reinstatement.
Sick leave accrual shall be reinstated for employees who are
re-employed within ninety (90) days following separation from CSC and who
forfeited unused sick leave at the time of separation.
Section 6. Unused Sick
Leave Conversion.
Upon completion of each fiscal year, each employee may
convert unused sick hours into vacation leave at the rate of two (2) hours of
sick leave for one (1) hour of vacation.
Provided:
A. Each employee must maintain a bank of
sick leave of at least 48 hours, to be used for sick leave.
B. Only sick leave earned in the immediate
prior fiscal year, less sick leave used in the immediate prior fiscal year, may
be converted.
C. Sick leave may not be used if such use
would cause a negative balance.
D. All conversions must be accomplished
between July 1 through July 31 of each fiscal year, or at termination.
E. CSC shall provide a sick leave
conversion form.
ARTICLE XIV. SENIORITY
Section 1. Definition.
Seniority shall be determined by the total hours of regular
employment with CSC. Ties shall be
broken first by adding any hours employees worked as temporaries. Any ties which remain shall be broken by lot.
Section 2. Acquisition of Seniority.
An employee shall acquire seniority at the end of the
probationary period. The employee's
seniority shall date back to date of hire as a bargaining unit employee. When employees acquire seniority, their names
shall be placed on the seniority list indicating hours of service within CSC.
Section 3. Seniority List Posting.
Each CSC site shall post a current seniority list in
accordance with the requirements of Section 2 of this Article. This list shall be updated at least quarterly
by the Finance Department and provided to a designated union officer to
post at each site. In case of dispute,
official records shall be those maintained by the personnel officer.
Section 4. Layoff.
In the event layoffs are necessary, all non regular
employees shall be considered first for termination before layoff of any
regular employee. Concurrent with layoff
notification, CSC will ask for volunteers for layoff. Unless appropriate volunteers come forward,
layoff will proceed as described below.
CSC shall provide notice of layoff to all affected employees
a minimum of twenty (20) working days prior to the layoff. Employees who
receive notice of layoff shall have ten (10) working days from the receipt of
the notice to select from the following options:
A. A
bump of the least-senior person in the geographical area where the employee is
based at the time of layoff. The two
geographical areas are
1. The
bumping employees' same job title;
2.
The most recent job title
the bumping employees' previously have held in CSC, as a regular employee,
within the last five years.
Prior to selecting option 2, the employee, CSC and
the s cannot adequately perform the duties of the bumped-to position
within ten (10) working days, they shall be placed on layoff.
3. In layoffs, employees on written
corrective action plans shall lose protection of seniority for the duration of
the corrective action plan. Seniority is
reestablished upon successful completion of the corrective action plan.
B. The
employee shall accept a layoff.
Section
5. Recall.
Regular employees who are laid off shall be placed on a recall list for a maximum period of twenty-four (24) months. If there is a recall, employees shall be recalled in the inverse order of their layoff, provided they are qualified at the time of recall to perform the work in the job classification to which they are recalled without further training. If vacancies remain after recall by geographic area, then the position shall be offered to those on the recall list from CSC's other geographic area. Less-senior employees may be recalled if they are superior in qualifications, occupational skills, and abilities required for the position. Recalled employees shall be notified by first class mail, and shall be given ten (10) working days from the date of the mailing of the notice in which to report for work. It shall be the total responsibility of laid-off employees to maintain their current addresses with the CSC personnel officer, and employees must renew their standing on the recall list at least every six (6) months. If employees decline a recall notice from within their geographic area, they shall be forthwith removed from the recall list. An orientation period of ten (10) working days shall not be considered "training" under Section 5 of this Article.
Section
6. Filling of Vacancies.
Whenever
CSC seeks to fill a vacancy within the bargaining unit, CSC shall, at least
five (5) working days before filling the vacancy, post notice with the job
description, qualifications and requirements of the vacancy on CSC bulletin
boards and provide notice to the Union.
Section
7. Continuous Service.
An
employee's continuous record shall be considered broken by voluntary
resignation, discharge for cause, retirement, or layoff in excess of 24 months. Seniority shall not accrue during any period
of layoff.
ARTICLE XV. CLASSIFICATION
Section 1. Reclassification Request.
A reclassification during the term of this agreement may be
initiated by any employee or group of employees who believe that their current
classification specification no longer adequately defines their duties.
The process for requesting a
reclassification shall be:
1. The requesting employee completes a Position Analysis Questionnaire
(PAQ) and submits it to his/her immediate supervisor for review and
signature. The employee then submits the
PAQ to the Human Resources Manager (HRM).
If the supervisor does not feel that the employee has accurately stated
the duties currently performed, the supervisor will discuss changes in the PAQ
with the employee. If the employee and
the supervisor cannot agree on the wording of the PAQ, the employee may submit
his/her copy of the PAQ directly to the HRM.
The HRM will meet with the employee, supervisor, department director and
possibly the Executive Director to discuss the duties of the position and reach
mutual agreement on the job duties.
2. The Classification Committee will meet as soon as is feasible (but no
later than 30 days after the request) to evaluate the PAQ and send its evaluation
to the Local Government Personnel Institute (LGPI) or other consulting
firm independent of the employer for review and results. The
consultant submits a letter to the HRM stating the results of the analysis. The HRM then notifies the supervisor of the
results, and the supervisor notifies the requesting employee.
3.
If the position is reclassified to a higher
range, the HRM requests that the Finance Dept. Payroll Accounting Technician
update the salary chart, listing the job title in the new range. If the position is reclassified to a lower
range, the employee's salary is frozen at the existing level until such time as
it comes into line with the new classification range.
4. The employees step in the higher range is the step that provides the
employee with approximately a 5% wage increase, but in no case shall the
employee move into a new range at lower than Step 2. The effective date on the Personnel Action
form is the first day of the next payroll period after the date of the reclass
request. For example, a PAQ signed and
dated by the requesting employee on April 10 would have an effective date for a
wage increase of April 16.
5. A reclassification does not change the employees anniversary date.
If it is determined that the
current classification specification adequately defines the duties performed by
the employee(s) requesting the reclassification, and the issue is the wage rate
paid for the job, the employee(s) may bring a proposal for a selective
salary adjustment to the HRM. If comparative wage information is not
readily available, the HRM will request a comparative wage analysis from LGPI
or another consulting firm independent of the employer. The
HRM, program director, and executive director will give considerable weight to
the comparative analysis in making a decision on selective salary
adjustments.
Section 2. Classification
Request
If CSC establishes a new job title and position the
new job description and PAQ will be submitted to the Classification
Committee for evaluation. The evaluation is sent to LGPI or other
consulting firm independent of the employer for review and results. When
results are received by the HRM, the supervisor of the new position is notified
and the new position is added to the salary schedule in the range determined by
LGPI or other consultant.
Section 3. Working Out of Classification.
A. An employee assigned the major duties
and responsibilities of a higher rated position shall receive compensation at
step 1 of the higher classification or a one-step increase in his regular
classification, whichever is greater, provided the assignment is designated and
approved by CSC and provided the assignment is expected to extend for ten (10)
continuous working days or more.
B. This Section shall not apply to any
employee working in a job-related training program by mutual agreement between
CSC and the employee.
C. CSC shall designate acting in capacity
in writing when such duties are approved.
Section 4. Classification Not Guaranteed.
The classifications or job titles used in CSC's compensation
plan are for descriptive purposes only.
Their use is neither an indication of nor a guarantee that these
classifications or titles will continue to be used by CSC.
ARTICLE XVI. WAGES AND SALARIES
Section 1. Wages.
The salary schedule (Attachment A) for positions in
the bargaining unit shall be increased
three percent (3%) across the board on
Section 2. Wages in the
Third through Fifth Year of This Agreement.
Wages in the third through
fifth year shall be determined by the methodology in Attachment B, Total
Employee Cost (TEC).
The base year shall be the
amount of total employee costs of fiscal year 2005-2006. Each subsequent years base shall be the total employee costs of the
previous year.
Section 3. Social Security
In fiscal year 2005, CSC
shall ask that the Social Security Administration conduct an election by the
employees of CSC to determine if the agency shall participate in Social Security. This election shall be timed so that
participation, if approved, shall commence at the start of fiscal year
2006-2007.
If participation is
approved, CSC shall pay the employers share of Social Security and cease
paying the employees
share of PERS. The employees shares of
both Social Security and PERS shall be deducted from the employees pay through
payroll deduction.
If participation in Social
Security is not approved, CSC shall continue to pay the employees share of
PERS costs through
the life of this agreement.
Section 4. Salaries and Wages Re-Opener.
In year two, the union may
reopen economics only if PERS costs increase by more than three percent (3%).
Year 2 PERS increases of three percent (3%) or less, if any, will be absorbed by the employee.
In the third through fifth years of this agreement, the
union may reopen for economic issues if the total TEC increase exceeds ten
percent (10%).
Section 5. Step Increases.
Upon completion of the probationary
period, employees shall receive a step increase from the initial hire step to
the next step in their positions' pay range.
Twelve months of work thereafter, upon receiving a satisfactory
performance evaluation, employees shall advance an additional step in their
positions' pay range. Step increases
shall be granted after every 12 months worked thereafter, provided that
employees receive a satisfactory
performance evaluation, until they reach the top step of their
positions' pay range. For purposes of
step increases, the anniversary date of employment for each employee shall be
adjusted to the date probation is completed.
A one-step pay
differential may be paid to employees who are bilingual and whose job duties
require the use of language other than English at least 25% of the time.
Section 6. Pay Periods.
Pay day for all members of the bargaining unit shall be on
the fifteenth (15th) day and on the last working day of each month. If any pay day falls on a Saturday, Sunday,
or holiday, the preceding working day shall be designated as pay day.
ARTICLE XVII. HEALTH AND WELFARE
Section 1. Medical
and Dental Insurance Premiums During the Term of This Agreement.
CSC agrees to make available medical and dental insurance
for employees and their families through the term of this agreement. It is agreed that medical and dental
insurance premiums during the first year of this contract shall be
shared with CSC paying eighty-eight percent (88%) of the
premiums and bargaining unit members paying twelve percent (12%) of the
premiums for the Regence Blue
Preferred plan and ODS dental. Premiums
of part-time employees shall be pro-rated in accordance with Section 6 of
this Article.
In
year two, CSC shall pay the amount budgeted for year one, plus 50% of any
increases in premiums. The remainder of
increased premiums shall be paid by the employee. If health and dental total premium increases
exceed 20%, the employee shall pay the excess over 20%. In the event there is a decrease in premiums,
the 88% CSC and 12% employee premium split will remain in effect.
CSC agrees to refund to bargaining unit employees any rebate
received as a result of CSC's participation in such programs offered by health
provider companies for favorable experience.
The refund is to be proportional to each employee's paid share of
premiums for such coverage. Only
employees participating in the specific provider coverage for which such
rebates apply shall be eligible for said refunds.
Section 2. Life Insurance.
CSC agrees to provide term life insurance coverage for all
regular employees who are members of the bargaining unit in an amount
equivalent to one year's salary with double indemnity for accidental death or
dismemberment. CSC also agrees to
provide Dependent Life Insurance at a value of $2,000 for each dependent of
an employee.
Section 3. Disability Insurance.
CSC agrees to provide disability insurance coverage to all
regular employees who are members of the bargaining unit. CSC shall provide long-term disability insurance coverage that
pays sixty percent (60%) of salary and
includes a ninety (90) day elimination period and sick leave integration. CSC shall provide short-term disability
insurance coverage, including self-insurance, that pays sixty percent (60%) of salary and includes a thirty
(30) day elimination period and sick leave integration. Regarding short-term disability coverage,
CSC reserves the right to determine administratively whether to self-insure or
carry an insurance policy. Eligibility
for disability payments is subject to
rules established by vendors and approved by the CSC Governing Board. By way of illustration, such rules might
include coordination of all income sources when calculating the maximum monthly
benefit.
Section 4. Dependent Medical Insurance Continuation.
CSC paid medical/dental insurance coverage shall continue,
for a period not to exceed six (6) months, for dependents of regular CSC
employees who die during the term of employment, provided that said dependents
are not eligible for coverage by alternate medical/dental insurance. The intent of this Section is to provide
continuing insurance coverage in full compliance with the provisions of the
federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA).
Section 5. Deferred Compensation Plan.
A)
CSC
shall make available to bargaining unit members an approved deferred
compensation plan(s). Eligibility for
membership and regulations governing participating shall follow all IRS
regulations and all appropriate state and federal statutes.
B) The Oregon Savings Growth Plan shall be offered
beginning
thereafter as possible. For
employees at .5 FTE and above, CSC shall match the first $50 contributed each
month by the employee. Said match shall
be included in the TEC calculations after year 2.
Section 6. Health and Welfare Pro-Ration.
CSC's share of health and welfare costs shall be pro-rated
based on approved FTE status for dependents of part-time employees. CSC shall pay the same share of part-time
employees' coverage as is paid for full-time single employees. Part-time employees may choose to opt out
of dependent coverage.
Section 7. Health Benefits Committee
The Health Benefits Committee will review CSCs experience
rating quarterly and report significant trends to management and the
union. Prior to renewal each year, the HBC will solicit quotes and
recommend plans. Plans within this
agreement shall be selected by the union.
Costs, after year 2, shall be within the TEC.
Section 8.
Employee Assistance Program.
CSC agrees to provide employees and each eligible dependent
with up to 4 free visits per issue per family member with a qualified Employee
Assistance Program.
Section 9. Flexible
Spending Account
On
ARTICLE XVIII. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)
Section 1. Contributions.
During the life of this
agreement, CSC shall
continue to participate in the Public Employees' Retirement System (PERS) and
shall "pick up" all employee contribution to PERS for members of the
bargaining unit except as modified in Article XVI, Section 3, Social Security.
The full amount of required employee contributions
"picked up or paid by CSC on behalf of members of the bargaining unit
shall be considered "salary" within the meaning of ORS 237.003(8) for
the purposes of computing bargaining unit members' "final average salary"
pursuant to ORS 237.003(12), but shall not be considered "salary" for
the purposes of determining the amount of employee contributions required to be
contributed pursuant to ORS 237.071.
Such "picked up" or paid bargaining unit members'
contributions shall be credited to bargaining unit members' PERS account
pursuant to ORS 237.071(2) and shall be considered to be employee contributions
for the purposes of ORS 237.001 to 237.320.
ARTICLE XIX. EMPLOYEE DISCIPLINE
Section 1. Corrective Discipline.
CSC agrees with the tenets of progressive and corrective
discipline, when appropriate. CSC shall
neither discipline nor discharge any post-probationary employee without just
cause. For purposes of this Section,
just cause means:
"...a cause reasonably related to the employee's
ability to perform required work. The
term includes any willful violation of reasonable work rules, regulations or
written policies..." (ORS 236.350(3))
Section 2. Removal of Discipline.
Any written warning in a bargaining unit member's personnel
file may be removed after three years upon application by the employee,
providing there has been no recurrence of the type or kind of conduct giving
rise to the warning.
Section 3. Administration of Discipline.
Discipline shall be administered in such a manner that it
will not embarrass disciplined employees before other CSC employees or the
public.
Section 4. Presence of Shop Steward.
CSC acknowledges the right of a bargaining unit member to
have a Union steward present during any disciplinary process. If the purpose of an interview relates to the
disciplinary process, the employee shall be so advised and may request a delay
to allow notification of a Union steward.
Section 5. Notice to
When a written warning is issued to a member of the bargaining
unit, a copy shall be forwarded by the personnel officer to the
ARTICLE XX. SAFETY
Section 1. Safety Rules.
CSC and all CSC employees shall comply with all safety rules
and regulations established by law.
Employees should report any unsafe act or condition to the management
during normal working hours. No employee
shall be expected to operate any equipment or to perform a work assignment that
would cause imminent danger and that generally would be considered to be unsafe
by a reasonably prudent person.
Section 2. Labor/ Management Committees
To facilitate communication between the parties, joint
labor/management committees may be established by mutual agreement of the
The committee shall be composed of three (3) employee
members appointed by the
Committees shall meet when necessary, but not less than once
each calendar quarter. The position of
committee chair should be rotated among committee membership. Agency employees appointed to the wellness
committees shall be in pay status during time spent in committee meetings.
Representatives of management and the
The committees shall be on a meet-and-confer basis only and
shall not be construed as having the authority nor entitlement to
negotiate. The committees shall have no
power to contravene any provisions of the Collective Bargaining Agreement, nor
to enter into any agreements binding on the parties to this agreement, nor to
resolve issues or disputes surrounding the implementation of the contract. Matters which may require a Letter of
Agreement shall not be implemented until a Letter of Agreement has been signed
by management and the AFSCME authorized representative.
No discussion or review of any matter by the committees
shall forfeit or affect the time frames related to the grievance
procedure. Matters that should be
resolved through the grievance and arbitration procedure shall be handled
pursuant to that procedure.
ARTICLE XXI. MISCELLANEOUS
PROVISIONS
Section 1. Job Sharing.
Job sharing, which is the sharing of an authorized full-time
position by two or more employees, may be allowed at the discretion of
CSC. All employees shall agree in
writing to the conditions of the sharing as determined by CSC. The position may at any time revert to its
previous status at the discretion of CSC if one of the persons sharing the
position is no longer employed in the position.
A job-share is deemed official only when approved in writing by the
personnel officer. No job share shall be
approved if there is increased direct or indirect cost to CSC.
Section 2. Transfer Notice.
If an employee is involuntarily transferred to reporting
station which is in excess of twenty (20) miles one way, forty (40) miles round
trip, from the employee's regular work location, CSC shall provide notice of
such transfer at least ten (10) working days prior to the effective date of transfer. Should CSC fail to give the required notice,
the employee shall be paid approved mileage compensation for the increased
distance for ten (10) days minus the amount of notice provided.
Section 3. Mileage Pay.
Any employee required to use a personal vehicle in the
performance of assigned duties as an employee of CSC shall be paid mileage at
CSCs current rate. Future adjustments
shall apply when approved by the CSC Governing Board and shall not be less than
85% of the current Federal rate.
All personal mileage shall be authorized in advance by CSC.
Section 4. Bargaining Unit Work.
Non-represented employees shall not on a regular basis
perform work that is regularly performed by members of the bargaining unit, if
such work would result in the layoff of members of the bargaining unit.
Section 5. Contract Work.
During the term of this agreement, CSC shall not contract or
sub-contract any public work now performed by members of the bargaining unit
which would result in their loss of employment, provided that such public work
is being accomplished in the most efficient and cost effective manner available
to CSC.
Section 6. Negotiations.
CSC
agrees to pay for at least four (4) bargaining unit members, or a number equal
to one less than the number of members on CSCs management negotiating team,
their regular pay for periods of contract negotiating (including planning
sessions no longer than 2 hours in length) which occur during regular business
hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. The number of planning sessions shall not
exceed the number of contract negotiation sessions.
There
shall be no more than 40 hours of bargaining sessions unless mutually agreed.
The
Section 7. Regular Employee.
A regular employee is defined as an employee who occupies a
position with an established F.T.E. of .50 or greater and has completed
probation.
ARTICLE XXII. GRIEVANCE PROCEDURE
Section 1. Grievance Definition.
A grievance is an issue(s) raised by a member of the
bargaining unit or the
Section 2. Time Limitation Procedures.
All time limits in the grievance procedure may be waived
through the mutual consent of the parties.
Failure of the aggrieved party to submit or prosecute a grievance in
accordance with these time limits shall constitute abandonment of the
grievance. Failure of CSC to respond to a grievance within the time limits
herein shall result in the
Section 3. Informal Discussion Permitted.
Nothing in this Article is intended to preclude or prohibit
informal discussion of a potential grievance between an employee and the
employee's immediate supervisor, provided that the time limits set forth herein
are strictly adhered to. No supervisor
may agree to a remedy that is contrary to this agreement.
Section 4. Confidentiality.
All proceedings and evidence of any kind whatsoever that are
related to grievances shall be considered exempt from public disclosure until
the conclusion of the final grievance proceeding.
Section 5. Exclusive Remedy.
Grievances shall be commenced and processed according to
provisions herein, which provisions the
parties mutually acknowledge to be the exclusive and binding process for
the resolution of disputes constituting grievances as herein defined.
Section 6. Grievance Procedure.
The
* The
* Resolution of a grievance at the
lowest possible level is always encouraged;
* Complete disclosure of information
shall be made at the lowest possible level;
* There shall be flexibility in the
problem-solving process for resolution of a grievance at step 1.
A. Grievances at step
1.
1. An employee, with or without Union
representation, shall have five (5) working days from the date of occurrence of
the circumstance(s) giving rise to a potential grievance, or from the date of
the employee's first knowledge of the occurrence, to informally discuss the
problem or issue with his or her supervisor, to define the issue, and to
resolve the issue if possible.
2. An employee or the
3. The supervisor shall respond in writing
to the person filing the written statement of the issues within ten (10)
working days following receipt of the written statement of the issues. This
written response shall either deny the grievance or acknowledge what step(s)
shall be taken to remedy the grievance.
4. If the employee is satisfied with the
supervisor's written response, the grievance shall be deemed resolved without
further action. If the employee is not
satisfied with the supervisor's written response, the aggrieved employee and/or
the
5. Steps 1 and 2 may be combined by mutual
consent of both the employee and the
6. Demotions, reductions in pay,
suspensions without pay, and dismissals shall be immediately elevated
to step 2.
B. Grievances at step
2.
1. A grievance at step 2 shall be
initiated by filing of a written grievance, the written statement of the
issues, and the response at step 1, with the employee's department director
within ten (10) working days following the employee's or the Union's receipt of
the response to the written statement of issues. A grievance involving demotions, reductions
in pay, suspensions without pay, and dismissals shall not be heard at step 1
but shall be immediately elevated to step 2, and shall be filed within ten (10)
working days following receipt of the discipline.
2. The
3. All written grievances shall include
the following information. Grievances
filed which are deficient in one or more of the items noted in "a"
through "f" below shall be returned to the person who filed the
grievance for conformance with these requirements, and the time period to file
the grievance shall be extended by five (5) additional working days, beginning
on the date the grievance is returned.
a. The name and position of the employee
on whose behalf the grievance is brought.
b. The date of the circumstances giving
rise to the grievance, and the date the employee had first knowledge thereof.
c. A clear and concise statement of the
grievance, including the relevant facts which give a full and objective
understanding of the employee's grievance.
d. The specific Article, Section or
provision of this agreement alleged to have been violated. Ambiguous statements such as "any
Article or Section which may apply" shall not be considered in compliance
with this Section.
e. The remedy or relief sought by the
employee.
f. The signature of the person submitting
the grievance and the date of its submission.
4. The department director shall respond
in writing to the person filing the grievance within ten (10) working days
following receipt of the required grievance documents, and the department
director shall meet, if requested, with the aggrieved employee, Union
representative, and supervisor to clarify issues and facts presented in the
grievance.
5. If the aggrieved employee is not
satisfied with the department director's response, the aggrieved employee
and/or the
C. Grievances at step
3
1. Within ten (10) working days following
the written response at step 2, the aggrieved employee and/or the Union shall
file with the executive director (or his/her designee) all of the grievance materials
that are required to be filed with the department director at step 2, together
with the department director's written response, or a statement that the
department director failed to respond within the time limit established herein.
2. Upon the filing of the grievance at
step 3, the executive director (or designee) shall, within fifteen days of
receipt of the grievance either:
a. Request the assistance of a mediator
skilled in interest-based conflict resolution from the state Employment
Relations Board to serve as facilitator or another skilled facilitator 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
designee) and the facilitator; or conduct whatever
investigation the executive director (or designee) deems necessary to satisfy
her/him of the facts surrounding the grievance.
Those facts which the executive director (or designee) finds to be determinative
of the grievance as well as his or her conclusion as to the merits of the
grievance shall be forwarded to the aggrieved employee and the
3. In the event the interest-based
conflict resolution process of subsection (a) above fails, the executive
director (or designee) shall have ten (10) working days from the date of the
interest-based process to forward the facts and conclusions to the
D. Grievances at step
4.
1. Grievances unresolved at step 3 shall
be elevated to step 4 as follows:
a. Within ten (10) working days following
the delivery of the executive director's (or designee) written findings of fact
and conclusion as to the merits of the grievance to the aggrieved employee
and/or Union, CSC and the Union may mutually agree upon a private arbitrator.
b. If CSC and the Union do not agree on a
private arbitrator within the time limits herein, CSC shall within ten (10)
working days, request a list of potential arbitrators from the Oregon State
Conciliator. Within ten (10) working
days of the receipt of the list of potential arbitrator's from the Oregon State
Conciliator by CSC, final selection shall be accomplished by CSC and the
shall be mailed to the selected
arbitrator by the executive director (or designee).
c. Alternately, the
2. The decision of the of the arbitrator
shall be final and binding on the parties; however, the arbitrator shall not
have the authority to alter, modify, 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) days of the conclusion of the arbitration hearing.
3. Prior to the arbitration hearing, if
either party discovers new information or evidence not previously considered at
step 3 of this procedure, the parties may mutually agree to reconvene at step 3
to consider the new information or evidence, and to include the information or
evidence in the step 3 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.
4. Nothing in this Article is intended to
prevent a mutually acceptable settlement prior to or during the arbitration
procedure.
5. If
arbitration is utilized, all arbitration costs incurred shall be borne entirely
by the losing party.
Section 7. Absence From Work Station.
Union stewards representing employees or the Union at
meetings or hearings provided for in this Article shall be permitted, after
reasonable notice to their program manager, to leave their assigned work areas
without loss of pay during their attendance at such meeting or hearings. To help minimize impacts on programs, not
more than one steward shall represent a grievant when practical. In any event, representational stewards shall
be held to the minimum number required to represent the bargaining unit member.
ARTICLE XXIII. SAVINGS CLAUSE
Should any Article, Section, or portion of this agreement be
held unlawful or unenforceable by an opinion of the attorney general of the
state of
subject matter, such decision shall apply only to the
specific Article, Section or portion thereof directly specified in the
decision. Upon the issuance of any such
decision, the parties agree to meet within ten (10) working days to negotiate
substitute provision(s), for the invalidated Article, Section or portion
thereof. All other Articles and Sections
of this agreement, and the agreement as a whole, shall continue without
interruption, except those remaining provisions which are so essential and
inseparably connected with and dependent upon the unlawful or unenforceable
part that it is apparent that they would not have been agreed to standing
alone, and are rendered incomplete and incapable of being executed in
accordance with the intent of this agreement.
In such an instance, all such Articles and Sections are subject to
re-negotiations pursuant to the foregoing provisions.
ARTICLE XXIV. TERM OF AGREEMENT
This agreement covers the period of
SIGNATURE PAGE.
IN WITNESS WHEREOF, CSC and the
COMMUNITY
SERVICES CONSORTIUM AFSCME, COUNCIL NO. 75
AFL-CIO,
AND LOCAL NO. 3563
____________________________ ___________________________
Chair, CSC Governing Board Representative,
Council 75
Commissioner
____________________________ ___________________________
CSC Governing Board Local
Union President
Commissioner Terry Thompson
____________________________ ___________________________
CSC Governing Board Negotiating
Committee
Commissioner Jean Cowan Dina
Eldridge
____________________________ ___________________________
CSC Governing Board Negotiating
Committee
Commissioner
____________________________ ___________________________
CSC Governing Board Negotiating
Committee
Commissioner John Lindsey Phyllis
Hampton
____________________________
CSC Governing Board
Commissioner Roger Nyquist
____________________________
CSC Governing Board
Commissioner
____________________________
CSC Governing Board
Commissioner Jay Dixon
____________________________
CSC Governing Board
Commissioner Linda Modrell
____________________________
CSC Chief Negotiator
____________________________
CSC Negotiating Committee
____________________________
CSC Negotiating Committee
____________________________
CSC Negotiating Committee
____________________________
CSC Negotiating Committee