COLLECTIVE BARGAINING AGREEMENT

 

 

 

BETWEEN

 

 

 

 

 

AFSCME COUNCIL 75, LOCAL 3505

 

 

AND

 

 

STAR OF HOPE ACTIVITY CENTER, INC.

 

 

 

 

 

 

 

AFSCME COUNCIL 75 AND STAR OF HOPE CONTRACT

 

TABLE OF CONTENTS

 

 

ARTICLE                                                                                                                 PAGE

 

  1. General Contract Provisions……………………………………………………….. 2-3
  2. Project Employees…………………………………………………………………. 3
  3. Introductory Employees…………………………………………………………….            4
  4. Individual Rights…………………………………………………………….……...            4
  5. Union Dues………………………………………………………………………… 4-5
  6. Contract Negotiations……………………………………………………………… 5
  7. Strikes and Lockouts………………………………………………………………..            6
  8. Grievances……………………………………………………….………………….            6-8
  9. Discipline and Discharge…………………………………………………………... 8-9
  10. Personnel Records………………………………….……………………………….            9-10
  11. Seniority…………………………………………………………..………….…….  10
  12. Job Openings and Transfers………………………………………………………... 10-11
  13. Layoff and Reduction in Hours……………………………………………….…….           11
  14. Hours of Work……………………………………………………………………... 11-12
  15. Overtime…………………………………………………………………………… 12
  16. Wages……………………………………………………………………………….            12-14
  17. Holidays……………………………………………………………………………. 14
  18. Other Leaves……………………………………………………………….….…… 14-15
  19. Paid Time Off (PTO) & Extended Sick Leave……………………………………..            15-17
  20. Health Insurance…………………………………………………………………… 18
  21. Travel Expense……………………………………………………………………..  18
  22. Safety………………………………………………………………………….…… 18-19
  23. Incidents……………………………………………………………………….……            19
  24. Training and Education……………………………………………………………..            20
  25. General Provisions…………………………………………………………………. 20-21
  26. Savings Clause……………………………………………………………………... 21
  27. Termination…………………………………………………………………….…... 21
  28. Signature Page……………………………………………………………………... 22

Exhibit A………………………………………………………………………………..            23

Exhibit B……………………………………………………………………………….. 24
















ARTICLE 1.  GENERAL CONTRACT PROVISIONS

 

Section 1.  Contract Authority.

 

This contract between the Star of Hope Activity Center, Inc., hereinafter referred to as “Agency,” and the American Federation of State, County and Municipal Employees, Council 75, Star of Hope Local 3505, hereinafter referred to as “Union,” is the official agreement between the Union and the Agency relative to the Union’s representing the employees of the Agency as the sole and exclusive collective bargaining representative of all employees covered by this Agreement for the purpose of collective bargaining with respect to wages, benefits and related terms and conditions of employment.

 

In those instances where this contract and the Agency’s personnel policies directly conflict, the terms of the contract shall prevail.  Where this contract is silent, the Agency’s personnel policies shall apply.

 

Section 2.  Agency Recognition.

 

It is recognized that the Agency is not for profit corporation created and operated for the sole purpose of providing mentally retarded/developmentally disabled adults, hereinafter referred to as “Clients,” with the opportunity to be trained and to progress to the extent of their ability in basic living skills, social skills, work skills, and recreational skills and to enjoy the satisfaction of accomplishment in developing those skills.

 

It is recognized that the Agency is governed by a volunteer board of directors who receive no financial remuneration nor benefit for serving as officers and directors nor are they individually or collectively liable for debts of the Agency.

 

It is recognized that the state and federal governments provide the major portion of the operating funds for the Agency and that the amounts so provided are established by said governments and are based on the number of clients qualifying under the Agency’s various programs.  Some funds are received from United Way, grants and other outside sources determined by those contributors and as may be limited in use by those contributors.  Some income is generated from the sale of items collected and manufactured by the clients and a minor amount of financial support is derived from donations from individuals.

 

Section 3.  Employees Covered by This Contract.

 

All regularly scheduled, full time and part time regular employees of the Agency, exclusive of those who are supervisory or confidential as defined by the NLRB Act, are covered by this contract.  Part time regular employees are those employees who work a regularly scheduled twenty hours or more per week.

 

Supervisory employees are as defined by NLRB, “A supervisor is defined by the act as any individual who has the authority, acting in the interest of the employer, to cause another employee to be hired, transferred, suspended, laid off, recalled, promoted, discharged, assigned, rewarded, or disciplined, either by taking such action or by recommending it to a superior, or who has the authority and responsibility to direct other employees or adjust their grievances; provided in all cases, that the exercise of authority is not of a merely routine or clerical nature, but requires the exercise of judgment.

Section 4.  Definitions.

 

Bargaining Unit, as used in this contract, denotes those employees covered by this contract and these terms may be used interchangeable.

 

Workings days, as used in this contract for notices, time limits and the like, shall mean the normal business days of Monday through Friday and shall not include Saturdays, Sundays, and holidays.

 

Months and years, as used in this contract, shall mean calendar months and calendar years, respectively, including Saturdays, Sundays, and holidays.

 

Section 5.  Bulletin Boards.

 

The Agency agrees that the Union may provide and maintain bulletin boards in convenient places to be used by the Union for posting of Union notices only.  The Union shall keep the bulletin boards neat and orderly.

 

ARTICLE 2 – PROJECT EMPLOYEES

 

Section 1.  Project, Definition.

 

A project, for purposes of this Agreement, is that work for which funding is either a part of a limited grant, project, award, or similar program; such as funding is for a specified, limited duration and a specified purpose and such funding is apart from the regular funding of Agency programs.

 

Section 2.  Project Job Openings.

 

All job openings in a project shall be posted in the work area for not less than five working days.  Such posting shall include the duties, qualifications and project wages and benefits for the position.  Qualified, regular employees shall be given preference to work on a project position according to seniority.  Regular employees who thus become project employees shall retain their seniority and shall continue to accrue seniority but wages and benefits shall be outside the scope of the wage and benefit schedules of the Agreement.  Once employed on a project, the employee with seniority may exercise his/her seniority only within the project.

 

Section 3.  Job Protection.

 

The position vacated by the regular employee when he/she becomes a project employee shall be filled with a temporary employee so the position vacated will be available to the regular employee when the project position is eliminated upon the termination of the project or the staff is reduced on the project.  Such temporary employee will not be covered by this contract.

 

Section 4.  Temporary Project Employees.

 

Temporary project employees are those employees who are hired to work in specific project positions and shall not be considered regular employees and are, therefore, not covered by this contract.  Upon employment, such employees shall be informed that they are project employees and shall be told the approximate time for which it is anticipated that they will be employed on the project.

 

ARTICLE 3 – INTRODUCTORY EMPLOYEES

 

Section 1.  Definition, Introductory Period.

 

The introductory period is an integral part of the employee selection process and provides the Agency with the opportunity to upgrade and improve the quality of its service to the clients by observing a new employee’s work, training new employees and assisting new employees in adjusting to their positions.

 

Section 2.  Initial Probation.

 

Every new employee shall serve a six-month introductory period.

 

Section 3.  Termination.

 

The Union recognizes the right of the Agency to terminate the employment of a new employee for any reason during the introductory period.

 

Section 4.  Job Transfer and Promotion Probation.

 

Every transferred/promoted employee shall serve an introductory period of three months and shall be compensated at the rate of the higher job classification.  If the transferred/promoted employee fails to meet the required work standard, the employee shall be returned to his/her previously held position and wage rate, all within the introductory period.  The transferred/promoted employee may also return upon his/her own request to his/her previously held position and wage rate within the introductory period. If an employee is moved by “Involuntary Transfer”, going back to previously held position may not be an option.

 

ARTICLE 4 – INDIVIDUAL RIGHTS

 

Section 1.  Non-Discrimination.

 

The Agency and the Union jointly recognize that they are each required by law not to discriminate against any person by reason of union membership, age, sex, race, religion, color, national origin, ancestry, political affiliation, or sexual orientation.  Physical or mental handicaps will be considered only as they related to bona fide job requirements.

 

ARTICLE 5 – UNION DUES

 

Section 1.  Union Membership.

 

Membership or non-membership in the Union shall be the individual choice of the employees covered by this contract; however, the Union requires that any employee who chooses not to become a member of the Union shall pay an in lieu of dues payment to the Union equal to the Union’s monthly dues in order to defray the cost of services for negotiations and contract administration.







Section 2. Objection to Payment of Dues.

 

Any individual employee objection to payment of Union dues or a like amount in lieu of dues which is based on bona fide religious tenets or teaching of a church or religious body of which such employee is a member will require such an employee to inform the Agency and the Union of his/her objections.  The employee will meet with representatives of the Union and the Agency to establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equivalent to regular Union membership dues to a non-religious charity.

 

Section 3.  Deduction of Dues.

 

The Agency agrees to deduct from the paycheck of each employee who has so authorized it in writing the regular monthly dues uniformly required of members of the Union or alternatively, in case of non-member, a monthly “in-lieu-of-dues payment,” as defined in Section 1 above.  The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved.

 

Section 4.  List of Employees.

 

The Agency shall furnish the Union each month a complete list of all employees including new and terminated employees.  Such listing shall contain the names and addresses in alphabetical order.

Section 5.  Indemnification of Agency.

 

The Union agrees that it will indemnify, defend and save the Agency harmless from all suits, actions, proceedings and claims against the Agency or persons acting on behalf of the Agency whether for damages, compensation, reinstatement or a combination thereof arising out of the Agency’s implementation of this Article 5, provided that the Agency notifies the Union in writing of such claim.

 

ARTICLE 6 – CONTRACT NEGOTIATIONS

 

Section 1.  Meetings.

 

The contract negotiating meetings shall be scheduled well in advance and the date, time and place for negotiating sessions shall be established by mutual agreement.  These meetings will be at times other than the usual working hours at the Agency administrative offices and the Agency will cooperate with any member of the negotiating team whose normal work time might interfere with the meeting by assisting in arranging for a substitute at the member’s work place.

 

Section 2.  Negotiating Teams.

 

The Union shall select the members of its negotiating team and the Agency shall select the members of its negotiating team.



 

ARTICLE 7.  STRIKES AND LOCKOUTS

 

Section 1.  Strikes.

 

During the term of this agreement, there shall be no strikes.

 

Section 2.  Lockouts.

 

There will be no lockout of employees covered by this contract by the Agency during the term of this contract.

 

ARTICLE 8 – GRIEVANCES

 

Section 1.  Definition.

 

A grievance is a dispute regarding the application, meaning or interpretation of a particular clause of Agency personnel policies, this contract or an alleged violation of a particular clause of this contract.

 

Section 2.  Evaluation by Representative.

 

The Union representative shall satisfy himself/herself that there is a good and sufficient reason to file a grievance before encouraging and/or assisting the employee to file a grievance.

 

Section 3.  Grievance Procedure.

 

It is the intent of the Agency and the Union that the grievance attempt to resolve the grievance informally with his/her supervisor prior to using the grievance procedure of this section.

 

The grievance procedure of this section shall not be implemented until a reasonable effort has been made to informally resolve the grievance, in accordance with the immediately preceding paragraph.  Unresolved grievances shall be handled in accordance with the following steps:

 

Step 1:  The employee, assisted by a representative of the Union, shall file the grievance in writing with the employee’s immediate supervisor outside the bargaining unit within ten days from the occurrence thereof, or the employee’s knowledge thereof.  The written grievance shall specify the facts involved, the provisions of the contract alleged to be violated and the remedy sought.  That supervisor shall respond to the written grievance in writing within ten days.

 

Alternate Step 1:  If the Executive Director is the employee’s immediate supervisor outside the bargaining unit, the grievance shall be filed within ten days from the occurrence thereof, or the employee’s knowledge thereof, directly to Step 2.

 

Step 2:  If, after seven days from the date of the supervisor’s reply, the grievance remains unresolved, the employee may submit within seven additional days the grievance of Step 1 to the Executive Director of the Agency.  The Executive Director shall meet with the aggrieved party, the supervisor of Step 1 and any other intermediate supervisors and shall respond to the grievance in writing within seven days.




Step 3:  If, after seven days from the date of the Executive Director’s reply, the grievance remains unresolved, the employee may submit within seven additional days the grievance of Step 2 to the Personnel Committee of the Agency.  The Personnel Committee shall meet with the employee, his/her Union representative, and the Executive Director and shall respond to the grievance in writing within seven days.

 

Step 4:  If, after seven days from the date of the Personnel Committee’s reply, the grievance remains unresolved, the employee may submit within fourteen additional days the grievance of Step 3 to arbitration by providing written notice of such submittal.  An arbitrator may be selected within twenty days by mutual agreement of the Union and the Agency.  If the Union and the Agency cannot agree upon an arbitrator, a list of five names shall be jointly requested from the State Mediation and Conciliation Service and the Union and the Agency shall alternately strike one name from the list until only one name from the list remains.  The remaining individual shall be the arbitrator.  The order of striking shall be determined by lot and the striking shall be conducted not later than seven days after receipt of the list.  The arbitrator shall render a written decision within 30 days of the arbitration hearing.  The powers of the arbitrator shall be limited to interpreting this contract and determining if it has been violated.  The arbitrator shall not have the power to alter, modify, add to or detract from the terms of this contract.  The decision of the arbitrator shall be binding upon the grievant, the Union and the Agency.

 

Section 4.  Expenses of Arbitration.

 

Expenses for the arbitrator’s services and the proceedings shall be borne by the losing party.  Each party shall be responsible for the cost of presenting its own case to arbitration.

 

Section 5.  Failure to Respond.

 

If the Agency fails to respond within the time limits specified in the procedure, the grievant may go directly to the next step in the procedure.  Any or all time limits specified in the grievance procedure may be waived by mutual consent of the grievant, the grievant’s representative and the Agency.

 

Section 6.  Representation.

 

The grievant shall have the right to be represented by one Local Union Representative and one Council 75 Representative during any and all steps of the formal grievance procedure.  The grievant shall also have the right to personal counsel by such Union representatives at any level of the grievance procedure, including attempts at informal resolution prior to the filing of a formal written grievance.

 

Section 7.  Resolution of a Grievance.

 

A grievance shall be considered as resolved at any time during the informal or formal procedure that the Agency receives a signed statement from the Union or the grievant that the matter has been resolved.

Section 8.  Witnesses.

 

Individuals who may have direct knowledge of circumstances relating to the grievance may appear at the request of either party during any stage of the grievance procedure.  In so far as is possible, the grievance meetings shall be scheduled well in advance and the date, time and place for these meetings shall be established by mutual agreement and at times other than the usual working hours at the Agency administrative offices.  The Agency will also cooperate with any witness who is an employee whose normal work time might interfere with the meeting by assisting in arranging for a substitute at the employee’s work place.  In the event the meeting schedule cannot be so scheduled, for example an arbitration hearing, and it such individual is an employee, the employee shall be compensated at their regular rate of pay for all time spent in traveling to, from and during such an appearance, provided such time spent is during the employee’s regular working hours.

 

Section 9.  Class Action Grievance.

 

A grievance which represents more than one employee covered by this contract shall be identified as a class action grievance.  A class action grievance shall be initiated in writing by the Union with the Executive Director or the Agency within ten days of the time the grievants had or should have had reasonable knowledge of the grievance.  All grievants shall be identified by name within ten days of the filing of the grievance.

 

The Executive Director shall, within ten days of receiving the grievance in writing, investigate the grievance and schedule a meeting within that period of time with the Executive Director or his/her designee and the Union concerning the matter, unless the issue is resolved prior to that meeting.

 

If the issue is not resolved during or prior to the meeting with the Executive Director or his/her designee and the Union, the Personnel Committee of the Agency shall, within ten working days of such meeting, investigate the grievance and schedule a meeting within that period of time with the Union.  If the issue is not resolved during the meeting within that period of time with the Union.  If the issue is not resolved during the meeting with the Personnel Committee, it may be submitted within 20 working days to binding arbitration, as outlined in Section 3,

Step 4.

 

ARTICLE 9 – DISCIPLINE AND TERMINATION

 

Section 1.  Discipline.

The principles of progressive discipline shall normally be used but both parties recognize that the seriousness of the offense may be such that one or more of the elements of progression may be skipped.  Disciplinary action shall include, but not be limited to any of the following:

 

a.                   Oral reprimand

b.                  Written reprimand

c.                   Demotion

d.                  Suspension without pay

e.                   Termination



Disciplinary action may be imposed upon an employee only for just cause.  By way of example only, among such causes for disciplinary action may be misconduct, incompetence, insubordination, the willful giving of false information or the withholding of information or willful violation of Agency rules, policies or procedures.

 

If a supervisor has reason to discipline an employee, she/he shall make a reasonable effort to impose such discipline in a timely manner that will not unduly embarrass the employee before other covered and not covered employees, the clients or the public.  If the conversation may lead to disciplinary action, the employee shall be informed of such and shall be given the opportunity to have a witness present during the conversation, the supervisor may also elect to have a witness present during the conversation. All disciplinary action shall be based on fair treatment of all employees.

Section 2.  Termination.

 

Any employee (a) who reports to his/her work assignment under the influence of intoxicants such as alcohol, marijuana or other illegal drugs; (b) who physically strikes or otherwise intentionally causes mental or emotional stress or causes injury to a client, supervisor or other covered or not covered employee; (c) who directly or indirectly by inattention to duty, failure to act or respond, poses a risk to the well being, safety or security of a client or co-worker; or (d) who is caught in the act of theft or arson may be immediately suspended without pay, pending investigation.  Any employee covered by this contract who is to be suspended for less serious offenses shall be given ten workings days notice.

 

The employee and the Union shall be notified in writing that the employee has been suspended without pay and, pending the investigation may be discharged.  The employee and the Union representative shall be afforded an opportunity to refute such charges upon which the employee is to be discharged or to present mitigating circumstances at a time and place specified in the written notice, which date may not be more than eight working s days from the date of the suspension or the date the suspension notice is delivered, whichever is earlier.  A grievance filed by or on behalf of a suspended employee shall be initiated at Step 2 of the grievance procedure.

 

ARTICLE 10 – PERSONNEL RECORDS

 

Section 1.  Personnel Files.

 

There shall be only one official personnel file for each employee.

 

Section 2.  Access.

 

An employee may inspect the contents of his/her official personnel file except for confidential reports from previous employers.  No grievance material shall be kept in the personnel files after the grievance has been resolved, except the resolution.

 

Section 3.  Content.

 

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

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

 

If an employee is not available within a reasonable period of time to sign the material, the Agency may place the material in the files provided a statement has been signed by two management representatives and that a copy of the document was mailed to the employee at his/her address of record.

 

If the employee believes that any of the material placed in his/her file is incorrect or a misrepresentation of facts, he/she shall be entitled to prepare in writing his/her explanation or opinion regarding the prepared material or grieve such material.  The explanation shall be included as part of his/her personnel record.

 

An employee may include in his/her personnel file copies of any relevant material he/she wishes, such as letters of favorable comment, licenses, certificates, college course credits or any other relevant material which reflects creditably on the employee.

 

No information shall be removed from the employee’s personnel file unless such removal is mutually agreed upon, in writing, by the employee and the Executive Director, as a representative of the Agency, and such written agreement shall be maintained in the employee’s personnel file.  Information so removed shall not be retained by either party.

 

ARTICLE 11 – SENIORITY

 

Section 1.  Accruing Seniority.

 

Seniority shall be established from the last date of hire and continue to accrue during all paid time in the bargaining unit.  If two or more employees start work on the same date, their order of seniority shall be determined by lot.  Seniority shall accrue during leave without pay for up to one week.  Seniority shall provide only those rights which are specifically enumerated in this agreement.

 

Section 2.  Loss of Seniority.

 

Seniority shall be lost when an employee resigns, is discharged for cause, or fails to report to work within ten working days after he/she has been recalled following a temporary layoff.  For purposes of this section, notification of a request to return from layoff shall be in writing and mailed to the employee’s last address provided to the Agency in writing.

 

ARTICLE 12 – JOB OPENINGS AND TRANSFERS

 

Section 1.  Job Openings.

 

Notice of all job openings within the Agency shall be posted on bulletin boards for a period of five working days with a copy mailed to the Union.  Such notice shall include a description of the duties of the positions, a statement of all bona fide job-related qualifications required for the position and the salary of the position.  The Agency may award a temporary appointment until the recruitment process is completed.  Employees applying for promotion or transfer to other bargaining unit positions shall be given preference according to seniority, providing other applicants are not clearly superior in a bona fide job-related qualifications.  The Agency shall not be arbitrary or capricious in its assessment of the applicant’s qualifications.

 

 

 

Section 2.  Transfers.

 

The Agency holds its employees in the highest regard.  Therefore, the Agency will consider one (1) voluntary job transfer request per year to open positions or between two consenting employees.

 

ARTICLE 13 – LAYOFF AND REDUCTION IN HOURS

 

Section 1.  Inverse Order of Seniority:  Layoff.

 

In the event of a layoff for any reason, employees shall be laid off in the inverse order of seniority within their classification.  Any employee who is to be laid off shall be notified at least two weeks in advance and be given bumping rights based on seniority to displace the least senior employee in any other classification with the same or lower salary range for which he/she is qualified.  Such notice shall be given in writing to each affected employee and the Union Representative and shall state the reason for the layoff.  Before any regular status employee suffers a layoff, all temporary and introductory employees shall be laid off.

 

Section 2.  Inverse Order of Seniority:  Reduction in Hours.

 

In the event of program cuts or funding shortfalls, or other unanticipated financial shortfalls, in lieu of layoffs, the Agency may implement reductions in hours.  [Except in the case of an across the board reduction,] Employees shall be reduced in the reverse order of seniority within their classification within the effected program or location.  Any employee who is to be reduced shall be notified at least two (2) weeks in advance and be given bumping rights based on seniority to displace the least senior employee in any classification with the same or lower salary range for which he/she is qualified.  Such notice shall be given in writing to each affected employee and the Union representative and shall state the reason for the reduction.

 

Section 3.  Re-hiring.

 

Employees shall be called back from layoff according to seniority in the classification from which the employee was laid off.  No new employees shall be hired in any classification with employees on recall status until all employees on layoff have had the opportunity to be called back to work.  Employees on layoff who have been offered re-appointment to a position as described above and have refused shall be removed from the recall list.  An employee on recall status who applies for and is hired for a vacancy in the Agency other than in the classification from which he/she has been laid off, shall remain on the recall list for his/her former classification.

 

Section 4.  General.

 

Seniority and benefits shall not accrue during layoff.  All seniority rights to which an employee was entitled at the time of layoff shall be restored upon recall.  Layoff status shall not extend for more than one year.

 

 

ARTICLE 14 – HOURS OF WORK

 

Section 1.  Work Hours.

 

The normal hours of work each day shall be consecutive.  All employees shall be scheduled to work a shift and each shift shall have an established starting and quitting time.

 


Section 2.  Work Week.

 

The full time work week shall consist of forty hours.  This shall not be construed as a guarantee of forty hours of work each week.

 

Section 3.  Hour of Work.

 

Schedules showing employee shifts, work days, and hours shall be posted at each work site.  Except for emergency situations and for the duration of the emergency, notice of changes in work scheduled shall be given at least seven calendar days in advance.  An emergency shall be defined as any unforeseen circumstance that the Agency reasonably considers as presenting a threat to the safety or security of the customer’s or staff.  Any such changes in schedule will be given preference according to seniority, providing other staff are not clearly superior in bona fide job-related qualifications.  Special consideration shall be given to employees who have made definite arrangements that conflict with schedule changes, when all affected parties so request.

 

Section 4.  Rest and Meal Periods.

 

Rest and meal periods will be consistent with current practices.

 

Section 5.  Optional Shift Arrangements.

 

By mutual consent by both parties and the agency, employees may trade shifts of equal duration provided such changes occur between employees in the same job classification.  Employees shall have the option of being compensated or flexing additional hours worked.  Flexing of hours must occur in the same work week.

 

ARTICLE 15 – OVERTIME

 

Section 1.  Compensation.

 

Employees shall be compensated at the rate of one and one-half times the regular rate of pay for overtime hours worked in excess of eight hours on any scheduled eight-hour work day or all work in excess of forty hours in any one work week, except for professional employees exempt under the Department of Labor wage and overtime laws.

 

Section 2, Mandatory Overtime  

 

In the event of a disaster, all staff are to remain on duty until staff for next shift arrive, when clients are in the home or at the vocational site, even if this means overtime, this is a ” Mandatory Overtime” situation. In the event of a disaster,  you may make arrangements to have your family and your pets brought to your worksite until coverage is found.

 
ARTICLE 16 – WAGES

 

Section 1.  Wage Schedules.

 

Employees shall be compensated in accordance with the wage and classification schedules attached to this contract and marked Exhibit A and which is hereby incorporated into and made a part of this contract.

 

Section 2.  Merit Increases.

 

Employees shall be evaluated for merit salary increases upon completion of the six-month introductory period and, thereafter, annually,  until the employee has reached the top of the salary range.

 

Section 3.  Promotion and Demotion Rates.

 

Promoted employees shall be placed on their new classification range of five percent (5%) above the employee’s previous regular salary, whichever is greater.  Demoted employees shall be placed on their new classification range but no higher than five percent below their previous regular salary.

 

Section 4.  Work Out of Classification Rate.

 

An employee required to work for forty or more hours in a job classification with a higher pay range shall receive premium pay, except when the employee is enrolled in a specific departmental training program not to exceed six weeks.  An employee shall be given written verification of the specifics of said program.

 

The premium pay shall be the beginning step of the higher classification range or five percent (5%) above the employee’s regular salary, whichever is greater, commencing with the first hour of the assignment and continuing until the assignment is terminated.

 

Employees applying for work out of classification below the Executive Director. And Assistant Director positions within the Agency shall be given preference according to seniority, providing other applicants are not clearly superior in bona fide job-related qualifications.  The Agency shall not be arbitrary or capricious in its assessment of the applicant’s qualifications.

 

Section 5.  Premium Pay.

 

Premium pay may be granted by the Executive Director upon the written request by either vocation or residential departments and co-signed by the employee assigned to do the work.  Employees who are authorized to perform nurse delegated tasks and are performing nurse delegated tasks shall be compensated at the higher rate delineated in Exhibit A.

Section 6.  Staff Meetings.

 

Employees who are called back to work before their next scheduled shift shall receive two hours call back pay, in addition to any wages they are entitled to.  This provision will not apply when call back results from employee oversight, i.e., taking home necessary keys or failing to properly document administration of medication.  All employees who are scheduled to attend a staff meeting shall be paid for the scheduled amount of time if they arrive for the meeting, even if it has been canceled or adjourned early.

 






Section 7.  Extra Time Offered.

 

Opportunities to work extra time shall be offered to regular staff at each home by a weekly seniority sign up list, provided another regular staff person is not clearly superior in bona fide job-related qualifications.  A reasonable attempt (one phone call and leaving no messages) will be made by the agency to fill the available hours with regular staff before filling the hours with
substitutes.  The possible exceptions are:  short notice by the absentee of less than four hours or in case of an emergency.  The extra time offered shall not exceed ten hours per work week per employee.  Extra shifts offered must be worked in their entirety except in cases of illness.


ARTICLE 17 – HOLIDAYS

 

Section 1.  Holidays.

 

The following days shall be recognized and observed as holidays:

 

                        New Year’s Day

                        Martin Luther King’s Birthday

                        President’s Day

                        Memorial Day

                        Independence Day

                        Labor Day

                        Veteran’s Day

                        Thanksgiving Day

                        Day after Thanksgiving

                        Christmas Day

 

Section 2.  Holiday Falling on Weekends.

 

Employees at the work activity center shall observe those holidays falling on a Sunday on the succeeding Monday and those holidays falling on a Saturday on the preceding Friday.

 

Section 3.  Work on Holidays.

 

Employees who are not employed at residential facilities must use paid time off in order to be paid for holidays when facilities are closed.


ARTICLE 18 – OTHER LEAVES

 

Section 1.  Parental Leave.

 

A parental leave of absence shall be granted in accordance with applicable law.

 

Section 2.  Special Leaves.

 

Employees may take a temporary leave of absence with pay, with the approval of the Executive Director or his/her designee, for reasons such as jury duty, court subpoenas, and funeral attendance for immediate family. The immediate family is, as defined by FMLA or OFLA which ever is more generous to the employee.

 

Section 3.  Leave Without Pay.

 

Employees may request in writing, a leave without pay. All such leaves are subject to the approval of the Executive Director or his/her designee. Extended leaves without pay (more than three (3) calendar months) shall require the review and approval of the Board of Directors.

Section 4.  Unpaid Union Leave.

 

Employees selected as officers or delegates of the Union shall be allowed reasonable time off without pay for the performance of such Union duties. However, all such time off shall be arranged well in advance so where necessary, substitutes may be assigned to replace said employees at the workplace. The Agency will assist in obtaining such substitutes.

 

ARTICLE 19 – PAID TIME OFF (PTO) & EXTENDED SICK LEAVE

 

Section 1.  PTO.

 

The Star of Hope’s Paid Time Off (PTO) is provided to encourage planning and predictability of employee time off. PTO compensates employees at their current wage when they are absent from work for such purposes as vacation, illness, holidays, religious observances, preventative health and dental care and other excused absences.

Section 2.  PTO Eligibility & Accrual.

 

PTO is accrued at established rates, which are based upon the employee’s status and length of employment. Any unused PTO for the year may be carried over to the next year with a cap of 520 hours in PTO bank. After reaching the maximum accrual of 520 hours, no additional PTO shall be accumulated in an employee’s account regardless of the number of hours worked by an employee covered by this agreement. Employees paid less than 32 hours per pay period shall have their PTO pro-rated accordingly per section 3.

Section 3.  PTO Accrual Table:

 

Length of Employment                                             PTO Accrued Per Pay Period for 32 hours paid

 

0-48 Months                                                                              8.85  Hours

49 through 120 Months                                                          10.39  Hours

 Over 120 Months                                                                   11.93  Hours  

 

Section 4.  PTO Accrual Based on Jury Service.

PTO accrual will continue for all hours on jury duty that the employee would normally have been scheduled to work. 

Section 5. Granting of PTO.

a.                   PTO, as with all other time off, must, except in unusual circumstances, be requested in writing in advance of the time off desired, and approved or denied in writing within ten (10) business days of receipt by the supervisor. Approval will be based upon the Star of Hope’s determination of its staffing needs.

b.                  Vacations: Vacations will be granted at the time requested by the employee. The Agency, because of operational requirements, may need to limit the number of vacations at one time. Requests will be handled in one of two ways, either by “first come first served” basis or a one time yearly Seniority Preference. Each program, based on date request is submitted, available PTO hours, and program needs, will handle the “first come first served” requests submitted throughout the year.

c.                   Seniority right for vacations: Employees who wish to exercise their seniority right for vacation preference may do so in the month of January of each year for the upcoming 12-month period. Each request must be made in a minimum of one-week increments and only one seniority request will be granted per person each year. Staff may submit more than one request based on decreasing preference so that if a request from someone with greater seniority is submitted the 2nd then 3rd choice will be considered. Only two requests covering the same time period will be scheduled for the Agency, but only one per program will be allowed. A Seniority Preference scheduled vacation leave will not be subject to revocation if problems arise in that program, and it will be the employee’s responsibility to ensure they have enough PTO saved to cover their
request. All Seniority Preference vacation requests must be received by the Director of said Program before February 1st of each year.

d.                  Scheduled Absences: Paid time off may be used for scheduled absences, i.e. holidays, vacation or for the first two days of unscheduled absences, i.e. illness, bodily injury, disability, medical or dental care or attendance upon a member of the employee’s family or household member. When requesting PTO, or unable to work due to illness, an employee shall make every effort to personally telephone their supervisor at least two hours (4 hours in the case of graveyard shift) prior to the start of their scheduled shift. Repeated failure to give proper notice, as noted above, may result in disciplinary action up to and including discharge.

Section 6. Minimal required use of PTO

Employees are required to use at least (80) hours of PTO per year.

 

Section 7. PTO Paid At Termination

 

All accumulated PTO will be paid upon termination.

Section 8. PTO Cash out:

 

Employees may request PTO cash out up to two times in a fiscal year. Before an employee is eligible for a cash out, an employee must have used a minimum of 80 hours, and still have 40 hours remaining in the bank. As long as the before mentioned criteria has been met, there is no maximum amount of PTO you may cash out.

Section 9. PTO Donation.

 

These provisions shall apply for the purpose of allowing employees to voluntarily donate accrued PTO for use by eligible recipients as sick leave in cases of serious illness or injury. The Star of Hope will allow employees to make voluntary irrevocable donations of accumulated PTO to a co-worker. For the purposes of this Agreement, PTO Donations will be administered under the following stipulations.

a.                   The recipient and donor must be regular status employees.

b.                  Star of Hope shall not assume any tax liabilities that would otherwise accrue to the employee.

c.                   Use of donated PTO shall be consistent with those provisions found under the Sick Leave Article 18.

d.                  Requests for PTO Donations shall be in writing, accompanied by the treating physicians written statement certifying the illness or injury requires time off from work. The request should then be submitted to the Department Director for review and then referred to the Executive Director or his/her designee for approval or disapproval.

e.                   Donated PTO will not be credited to the recipient’s PTO bank until their PTO/Extended Sick Leave is exhausted.

f.                    Donors of PTO may only donate their PTO in excess of 40 hours. Donations shall be credited at the recipient’s current regular hourly rate of pay.

g.                  Employees eligible for, or receiving Worker’s Compensation, will not be considered eligible to receive donations under this Agreement.

h.                  Any unused time will be returned on a pro-rated basis to those who donated.

i.                    All donations shall remain anonymous.

j.                    Donated PTO hours may be used for wages only, and not for continued accrual of benefits.

Section 10. Extended Sick Leave.

Employees shall accrue up to a maximum of thirty two (32) hours of extended sick leave per year based on an accrual rate of 1.23 hours per pay period. Extended Sick Leave is accrued on the first eighty (80) hours of time worked per pay period (excluding use of extended sick leave, education leave, funeral/bereavement leave, and short and long term disability) at established rates. The amount of accrued extended sick leave will be listed on the employee’s paycheck.

Accrued extended sick leave may be used for the following:

 

a.                   Illness or injury as follows;

b.                  First day of hospitalization;

c.                   Practitioner certified scheduled absences for therapy or treatment of long-term serious illness or injury;

d.                  The seventeenth (17th) consecutive hour of scheduled work time lost due to illness or injury of the employee or family member or member of household. A doctor’s statement may be required of any employee to verify an illness and/or to establish whether or not it is medically prudent for the employee to return to work.

Extended sick leave benefits shall have no maximum cap. Extended sick leave benefits shall not be convertible to cash under any circumstances, nor shall extended sick leave benefits be paid to any employee upon separation of employment at Star of Hope. Article 19 as amended shall be effective the first full pay period following ratification by Star of Hope employees.


 

ARTICLE 20 – HEALTH INSURANCE

 

Section 1.  Coverage.

 

The Agency shall provide health insurance coverage in accordance with the schedule of benefits attached to this contract and marked Exhibit B and which is hereby incorporated into and made a part of this contract.

Section 2.  Dependent Coverage.

 

Representatives of the Agency and Representatives of the Union shall jointly select a dependent care insurance plan which will be made available for purchase by individual bargaining unit members through payroll deduction.  The dependent care plan shall be separate and apart from the basic health insurance plan.

 

ARTICLE 21– TRAVEL EXPENSE

 

Section 1.  Per diem

 

For travel the agency shall provide per diem based on the State of Oregon rates.

 

Section 2.  Mileage.

 

  1. Training Mileage – The Agency shall reimburse at the IRS rate.  

  2. Supports Mileage – The Agency shall reimburse at the current negotiated service contract rate.  

 

Section 3.  Lodging.

 

The Agency shall provide  lodging, as necessary for travel.

Section 4.  Advances.

 

Employees may request travel expense advances for authorized Agency business.

 

ARTICLE 22 – SAFETY

 

Section 1.  Compliance with Requirements.

 

Federal and State regulations shall be strictly observed by the Agency, the Union and all employees.  Employees shall use all protective equipment required and shall perform their work in a safe manner.

 





Section 2.  Unsafe Work.

 

If an employee claims that an assigned job or equipment is unsafe or might unduly endanger his/her health or a client’s health, the employee shall immediately report this to his/her immediate supervisor.  If the employee is not satisfied with the action taken, the employee shall set forth in writing to the Executive Director the reasons for this conclusion.  If this does not produce an acceptable solution, a determination shall be made by the appropriate governmental agency as to the safety of the job or equipment.

 

Section 3.  Changed Assignment.

 

Pending determination provided for in Section 2, the employee shall request suitable work elsewhere.

Section 4.  Staffing Levels.

 

The Agency agrees to comply with current OAR’s regarding staffing levels in all programs and as funded by the Department of Human Services, Seniors and People with Disabilities.  

 

Section 5.  Dangerous Substances.

 

If in the conduct of official duties the employee has potential for contact with toxic and harmful substances, the employee will be provided with regular medical monitoring as required by Administrative Rule under the Oregon State Employment Act at no cost to the employee and without deduction from accrued sick leave for leave taken.

 

Section 6.  Serious Communicable Diseases.

 

It is agreed that if, in the conduct of official duties an employee is exposed to serious communicable diseases which would require immunization or testing, as determined by the public health officer, the employee shall be provided immunization against or testing for such communicable disease without cost to the employee, where immunization would prevent such disease from occurring.  An employee shall be granted required time off with pay for the immunization or testing.

 

ARTICLE 23 – INCIDENTS

 

Section 1.  Assault by Client.

 

If a client assaults an employee, the employee shall, immediately verbally report the assault to his/her supervisor, and provide a written report of the incident within 24 hours.  In the absence of the supervisor, the incident shall be reported immediately to the Executive Director.

 

Section 2.  Complaint or Critical Incident Report Against Employee.

 

When a complaint is filed against an employee, the Agency will investigate to determine the validity of the complaint.  The employee shall be provided copies of all information and reports resulting from the investigation.  The Agency shall notify the employee at the earliest possible time. An employee under investigation may be suspended with pay at the discretion of the Executive Director or his/her designee.


ARTICLE 24 – TRAINING AND EDUCATION

 

Section 1.  Training and Education Opportunities.

 

The Agency shall make available selected training and education opportunities which will be posted on bulletin boards.

 

Section 2.  Agency Required Training.

 

The Agency will pay incurred tuition/registration and allowable travel expenses and salary when the Agency directs an employee to attend training.

 

Section 3.  Employee Requested Training.

 

Subject to funding the staffing needs, employees may request Agency sponsored training and will be considered based on job relatedness with the employee’s current position.

 

Subject to Agency operating requirements, employees may be granted time off with pay to take job related education courses or training sessions.

 

Employees may attend local non-job related training provided the employee pays the cost of training, uses paid time off and their shift can be covered.

 

Section 4.  Equal Opportunity.

 

All employees shall have the equal opportunity to apply for and be considered for all Agency training programs.

 

ARTICLE 25 – GENERAL PROVISIONS

 

Section 1.  Notice of New or Changed Position.

 

The Agency shall give the Union notice when they create a new bargaining unit position that is not listed in Exhibit A of this contract or substantially change the description of an existing job classification.   The Agency and the Union shall agree upon a wage for such position prior to its implementation.  When the job is implemented, it shall be posted for two weeks in all work sites.

 

By mutual agreement, the parties may waive the settlement of the bargaining provisions above prior to implementation so long as it is understood that the salary or increase in salary for such positions shall be paid on a retroactive basis, back to the first day the employee worked on that job.

Section 2.  Position Descriptions.

Individual position descriptions shall be reduced to writing and delineate the duties currently assigned to the employee’s position.  A dated copy shall be given to the employee upon assuming the position.




Section 3.  Client Personal Property.

 

Client personal property and financial checks shall be performed in accordance with OAR  time lines and requirements.

 

Section 4.  Gender Reference.

 

All references to employees in this contract designate both sexes and wherever the male or female gender is used, it shall be construed to include male and female employees.

Section 5.  Application of Act.

 

All existing employment relations as defined in the Act not specifically modified by this contract shall remain in effect at not less than the level in effect at the time of the execution of this contract.  The Agency agrees to provide the Union with copies of all changes to policies, procedures and work rules affecting the bargaining unit.

 

Section 6.  Joint Labor/Management Committee.

 

In the interest of providing efficient services, the parties agree to establish a joint labor/management committee to review new programs that directly impact employees working conditions prior to implementation of such programs.

 

The Joint Labor/Management Committee shall meet once quarterly (more often if the parties agree).  There will be an equal number of participants on both sides and an agenda mutually agreed upon by both parties. All time spent in Labor/Management shall be considered time worked and will not require use of PTO.

 

ARTICLE 26 – SAVINGS CLAUSE

 

Should any section or portion thereof of this contract be held unlawful or unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof, directly specified in the decision.  Upon the issuance of such decision, the parties agree to commence to negotiate a substitute for the invalidated section or portion thereof.  Such negotiation should begin within a reasonable time from the issuance of the decision.  All other provisions of this contract shall remain in full force and effect for the duration of this contract.

 

ARTICLE 27 – TERMINATION

 

This contract shall be effective as of July 1, ____ and shall remain in full force and effect through June 30, ____.  Either party may notify the other in writing by July 1, 2010 of its intent to open negotiations for a successor contract.  If such notice is given, negotiations will start no later than the 15th of July of that fiscal year.  Any changes negotiated during the term of this contract or during successor contract negotiations will be retroactive to July 1 of that fiscal year, regardless of when settlement is reached unless the parties agree otherwise.  In the event of such opening, any strike or stoppage of work after notification by the Union to the Agency that an impasse exists shall not be deemed in violation of any provision of this Agreement.












IN WITNESS HEREOF, the parties hereto set their hand this _____ day of _______, 2011.

 

 

 

FOR THE UNION:                                                    FOR THE AGENCY:

 

_________________________                                  _________________________

Val Domkiv                                                                            Richard N. Van Cleave

 

_________________________                                  _________________________

President – Denis Kress                                              Gerald H. Miller Ph.D.

 

_________________________                     

Vice President – Jeffrey Montez

 

_________________________         

Secretary/Treasurer – Open

 

EXHIBIT A

Wages

 

Effective 7/1/08, wages were adjusted to reflect an increase provided by the State.

 

With respect to any future allocations from the State, wages shall be adjusted in accord with the provisions of that allocation (i.e., retroactive if so allocated).  The wages shall be adjusted only for those employees of record on the date of receipt of the allocation.

 

 

 

The agency shall inform the Union if it obtains any grant or foundation funding or additional funds for State or Federal programs and/or projects.  It is understood that the use of these funds will be limited to the payment of the expenses applicable to any such existing or additional programs.

EXHIBIT B

BENEFITS

 

Workers’ Compensation Insurance.

 

All employees are covered by Workers’ Compensation, which provides benefits in case of on-the-job injury.  All accidents are to be reported immediately to the employee’s supervisor.  Failure to report an injury may jeopardize the employee’s right to benefits for that injury.

 

Unemployment Insurance.

 

The Agency is exempt from participation in the Federal Unemployment Insurance Program and does not participate in the State of Oregon’s Unemployment Insurance Program.  Employees wishing to inquire about the details of their eligibility should consult the Employment Division Office, Oregon State Department of Human Resources.

 

Health Insurance.

 

All employees scheduled to work thirty hours or more per week are eligible for medical and dental insurance.  Part time employees working 20 hours or more per week are eligible for medical and dental insurance with the amount paid by the Agency prorated on the basis of the number of regular hours worked.  The medical and dental insurance applies only to the employee, not to family members.  There is a waiting period for each new employee before they are accepted into the health insurance program and certain exclusions may apply.

 

The parties agree that the Star of Hope shall continue to pay the current health insurance premium through the remainder of the current insurance contract, which expires in December 2009. The parties further agree that the Joint Labor/Management Committee shall convene to address the health insurance crisis facing the Agency.  The parties further agree that in the event that the Joint Labor/Management Committee cannot agree, the parties will reconvene the Bargaining Committee.

 

In order to provide the best possible coverage at the best price, the parties agree that SOH will share cost of premium with staff in a similar manner as currently being done.

In addition, the parties have agreed that temporary employees hired to work for a specific duration to replace employees on medical leave shall not be considered regular employees and are, therefore, not covered by this contract and not eligible for any benefits under the agreement.  The parties further agreed that any new regular employee will not be eligible for health insurance benefits until the employee has completed his/her introduction period or the maximum period allowed by law, whichever is greater.