COLLECTIVE BARGAINING AGREEMENT
AFSCME COUNCIL 75, LOCAL 3505
STAR OF HOPE ACTIVITY CENTER, INC.
AFSCME COUNCIL 75 AND STAR OF HOPE CONTRACT
TABLE OF CONTENTS
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 Unions 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 Agencys personnel policies directly conflict, the terms of the contract shall prevail. Where this contract is silent, the Agencys 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.
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 Agencys various programs.
Some funds are received from
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.
Agency agrees that the
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 employees 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.
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.
Agency and the
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 Unions monthly dues in order to defray the cost of services for negotiations and contract administration.
Section 2. Objection to Payment of Dues.
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
Section 3. Deduction of Dues.
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
Section 4. List of Employees.
Agency shall furnish the
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 Agencys 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 members work place.
Section 2. Negotiating Teams.
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.
is the intent of the Agency and the
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:
1: The employee, assisted by a representative of
Alternate Step 1: If the Executive Director is the employees immediate supervisor outside the bargaining unit, the grievance shall be filed within ten days from the occurrence thereof, or the employees knowledge thereof, directly to Step 2.
Step 2: If, after seven days from the date of the supervisors 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 Directors 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.
4: If, after seven days from the date of the
Personnel Committees 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
Section 4. Expenses of Arbitration.
Expenses for the arbitrators 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 grievants 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.
grievance shall be considered as resolved at any time during the informal or
formal procedure that the Agency receives a signed statement from the
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 employees 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 employees regular working hours.
Section 9. Class Action Grievance.
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
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.
the issue is not resolved during or prior to the meeting with the Executive
Director or his/her designee and the
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
d. Suspension without pay
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.
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
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.
employee and the
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.
information reflecting critically upon an employee shall be placed in the
employees 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:
Employees 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 employees 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 employees 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 employees last address provided to the Agency in writing.
ARTICLE 12 JOB OPENINGS AND TRANSFERS
Section 1. Job Openings.
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
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.
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 customers 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 employees 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 employees 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 applicants qualifications.
Section 5. Premium Pay.
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.
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 Years Day
Martin Luther Kings Birthday
Day after Thanksgiving
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.
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.
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
Section 1. PTO.
of Hopes 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
Section 2. PTO Eligibility & Accrual.
accrued at established rates, which are based upon the employees 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 employees
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
49 through 120 Months 10.39 Hours
Over 120 Months 11.93 Hours
Section 4. PTO Accrual Based on Jury Service.
accrual will continue for all hours on jury duty that the employee would
normally have been scheduled to work.
Section 5. Granting of 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 Hopes determination of its staffing needs.
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
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
employees 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.
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 employees 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
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.
recipient and donor must be regular status employees.
of Hope shall not assume any tax liabilities that would otherwise accrue to the
of donated PTO shall be consistent with those provisions found under the Sick
Leave Article 18.
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
PTO will not be credited to the recipients PTO bank until their PTO/Extended
Sick Leave is exhausted.
of PTO may only donate their PTO in excess of 40 hours. Donations shall be
credited at the recipients current regular hourly rate of pay.
eligible for, or receiving Workers Compensation, will not be considered
eligible to receive donations under this Agreement.
unused time will be returned on a pro-rated basis to those who donated.
donations shall remain anonymous.
PTO hours may be used for wages only, and not for continued accrual of
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 employees 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;
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
doctors 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
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
ARTICLE 20 HEALTH INSURANCE
Section 1. Coverage.
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.
of the Agency and Representatives of the
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.
Section 3. Lodging.
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.
and State regulations shall be strictly observed by the Agency, the
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 clients 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.
provided for in Section 2, the employee shall request suitable work elsewhere.
Section 4. Staffing Levels.
The Agency agrees to comply with current OARs 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.
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.
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 employees 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.
Section 1. Notice of New or Changed Position.
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
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.
position descriptions shall be reduced to writing and delineate the duties
currently assigned to the employees 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.
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
Section 5. Application of Act.
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
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
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
IN WITNESS HEREOF, the parties hereto set their hand this _____ day of _______, 2011.
Val Domkiv Richard N. Van Cleave
President Denis Kress Gerald H. Miller Ph.D.
Vice President Jeffrey Montez
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.
agency shall inform the
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 employees supervisor. Failure to report an injury may jeopardize the employees right to benefits for that injury.
Agency is exempt from participation in the Federal Unemployment Insurance
Program and does not participate in the State of
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 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.