BARGAINING UNIT AGREEMENT
BETWEEN
NORTHWESTERN WOODHAVEN CENTER
AND
LOCAL 1723, DISTRICT COUNCIL # 47 of AFSCME, AFL-CIO
July 1, 2005 through June 30, 2008
PREAMBLE
This Agreement, entered into by LOCAL 1723, DISTRICT COUNCIL 47, AMERICAN
FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, hereinafter referred to
as the
"
Union" or " bargaining unit" , and NORTHWESTERN WOODHAVEN, INC.
herein referred to as " The
Center" or " The Employer" , has as its purpose the promotion
of harmonious relation between the Union
and The Center; the establishment of an equitable and peaceful procedure for
the resolution of
differences; and the establishment of rates of pay, hours of work, and other
conditions of employment.
ARTICLE I RECOGNITION
Section 1
A. The Center recognizes the Union as the sole and exclusive collective bargaining
representative of
the Employees (Administrative Assistants) in the bargaining unit certified
by the National Labor
Relations Board.
B. The bargaining unit shall consist of all full-time Employees, and all
regular part-time Employees
who are hired to work twenty (20) or more hours per week but less than forty
(40) hours per week, and
excluding supervisors, first level supervisors, and confidential employees.
C. This Agreement shall not apply to (i) temporary Employees, (ii) students
and (iii) part-time
employees hired to work less than 20 hours per week. A temporary Employee is
defined as one who is
hired for a period of up to three (3) months and is so informed at the time
of hire, or who is hired for a
special project, or to replace an Employee on leave or vacation. The said three
month period may be
extended up to an additional four month period or for the length of leave of
the Employee being replaced,
with the consent of the Union, which shall not be unreasonably withheld. Students
excluded by this
Agreement shall include those working through the student help program and
the College Work-Study
Program.
Whenever the word " Employee" is used in this Agreement, it shall
be deemed to mean the
Employees in the bargaining unit covered by this Agreement as defined in Section
1.
At the time a new Employee subject to this Agreement completes his probationary
period, The
Center shall deliver to said Employee a copy of the collective bargaining Agreement.
The cost of
publishing such copies of this Agreement shall be borne equally by The Center
and the Union.
Part-time Employees are defined as those Employees who are hired to work
more than twenty (20)
hours per week but less than forty (40) hours per week.
It is understood that whenever this Agreement, Employees or jobs are referred
to in the masculine
gender, it shall be recognized as referring to both male and female Employees.
All full-time Employees shall receive all fringe benefits. A part-time Employee
who is hired to
work more than thirty (30) hours per week (but less than full-time) shall receive
full medical benefits, as
well as vacation, sick-time, and personal time benefits on a pro-rata basis.
Employees who are hired to
work twenty (20) hours or more per week but less than thirty (30) shall receive
only vacation and sick
time benefits on a pro rata basis. Holiday benefits are provided to part-time
employees hired to work
twenty (20) hours or more per week if the holiday falls on a day the Employee
is scheduled to work.
These employees receive holiday benefits for the number of hours the Employee
is scheduled to work on
the holiday. Employees who are hired to work less than twenty (20) hours per
week receive no benefits.
ARTICLE II MAINTENANCE OF MEMBERSHIP
Section 1
All Employees on the active payroll as of the date of this Agreement who
are members of the
Union shall maintain their membership in the Union in good standing as a condition
of Employment.
All other Employees on the active payroll as of the date of this Agreement
may become members
of the Union at any time. If they do, the Union shall prove their membership
by appropriate documents,
and therefore, those Employees shall maintain membership in the Union in good
standing as a condition
of employment. All Employees on the active payroll as of the effective date
of this agreement who are
not members of the Union shall become members of the Union on or before December
1, 1995 and shall
therefore maintain membership in the Union in good standing as a condition
of employment.
All Employees hired after the date of this Agreement shall become members
of the Union no later
than the thirtieth (30th) day following the beginning of such employment
and shall thereafter maintain
their membership in good standing as a condition of continued employment.
For the purposes of this Article, an Employee shall be considered a member
of the Union in good
standing if the Employee tenders periodic dues and initiation fees uniformly
required as a condition of
membership.
Subject to the Grievance Procedure provisions of the Agreement, an Employee
who has failed to
maintain membership in good standing as required by this Article shall, within
twenty (20) calendar days
following a written demand from the Union requesting the Employee's discharge,
be discharged if, during such period, the required dues and initiation fees
have not been tendered.
The Union shall indemnify and hold the Employer harmless against any and
all claims, demands,
suits and all other costs (including reasonable attorney fees), and forms of
liability that may arise out of
any action taken or not taken by the Employer in the implementation of this
Article.
Any employee who is a member of and adheres to established and traditional
tenets or teachings of
a bona-fide religion, body or sect which has historically held conscientious
objections to joining or
financially supporting labor organizations, and who demonstrates such membership
and adherence to the
Union and Employer, shall not be required to join and remain a member of the
Union as a condition of
employment.
Such employees shall be required, as a condition of employment, to remit
to the Lupus
Foundation, the Sickle Cell Anemia Foundation or The American Cancer Society,
recognized and valid
charities under Section 501(C)(3) of Title 26 of the Internal Revenue Code,
a monthly sum equal to the
initiation fee and regular dues of the Union provided for herein. Such sums
shall be checked-off by the
Employer from the Employee's pay at the same time and in the same amount as
initiation fees and dues
and are remitted by the Employer to the charity designated by the Employee
for the list above.
ARTICLE III
CHECK-OFF
Section 1
Upon receipt of a written authorization from an Employee, The Center shall
pursuant to such
authorization, deduct from the wages due said Employee each month and remit
to the Union regular dues,
as fixed by the Union. Any initiation fees valid under Article II shall be
deducted under this Section.
The Center shall be relieved from making such " check-off" deductions
upon (a) termination of
employment or (b) transfer to a job other than one covered by the bargaining
unit, or (c) revocation of the check-off authorization in accordance with its
terms or with applicable law. This provision, however,
shall not relieve any union members of the obligation to make the required
dues payment pursuant to the
Union constitution.
The Center shall not be obliged to make deductions of any kind from any Employee
who, during
any month involved, shall have failed to receive sufficient wages to equal
the deduction.
Each month, The Center shall remit to the Union deductions made from the
wages of Employees
for the preceding month, together with a list of all Employees from whom deductions
have been made and
their social security numbers.
The Union shall indemnify and save The Center harmless from any claims, suits,
judgements,
expenses (including attorney's fees), attachments and from any other form of
liability as a result of
making any deduction in accordance with the foregoing authorization and assignment.
ARTICLE IV
NO DISCRIMINATION Neither The Center nor the Union shall discriminate against or in favor of
any Employee on
account of race, color, creed, national origin, political belief, sex, age,
Union membership or non-
membership, martial status, handicap, or sexual orientation.
MANAGEMENT RIGHTS
Section 1 The Management of The Center and the direction of the work force is vested
exclusively with the
Employer. Except as modified by this Agreement, Employer retains the sole right
to plan, direct, and control all duties and functions performed by Employees,
the right to hire, discipline or discharge for just
cause, lay-off, promote, transfer and assign its Employees; the right to establish,
revise, maintain and
enforce reasonable work standards and schedules; to determine or change the
starting and quitting time
and number of hours work; to promulgate work rules and regulations; to assign
duties to the work force;
to establish new job classifications; to organize, discontinue, enlarge or
reduce the staffing patterns; to
assign, transfer, promote or relieve Employees to other departments within
the agency as operations may
require; to introduce new or improved facilities or programs and/or methods
of operation; to determine
the programmatic direction of the agency; to carry out the ordinary and customary
functions of
management; and to determine the qualifications of Employees. This section
will not be used for the
purpose of discriminating against any Employee on account of membership in
the Union, except as may
be allowed by law and this Agreement.
The Union, on behalf of the Employees, agrees to cooperate with the Employer
to attain and
maintain full efficiency and maximum client care.
There shall be no individual agreements between the Employer and the Employees.
ARTICLE VI UNION ACTIVITY, VISITATION AND BULLETIN BOARDS
Section 1
No Employee shall engage in any union activity, including the distribution
of literature, which
could interfere with the performance of work during his working time or in
working areas at any time.
Representatives of the Union, after receiving permission of the Assistant
Vice President/ Director
or his designee, which permission shall not be unreasonably withheld, shall
have reasonable access to The
Center's premises for the purpose of administering this Agreement.
The Center shall provide bulletin boards which may be used by the Union for
the purpose of
posting only Union notices. Such bulletin boards shall be conspicuously located
and at places readily
accessible to the Employees' place of work.
Stewards shall be given reasonable opportunity to investigate grievances
and otherwise carry out
Union business pertaining to their departments. In every instance a Steward
shall first secure the
permission of his or her immediate supervisor before temporarily leaving his
or her workstation.
In the event a Steward must go into another department because no Steward
is available in that
department, the Steward must also secure the permission of the supervisor in
the second department.
The work schedules of Employees who are elected Officers and Stewards shall
be adjusted as far
as practical to permit attendance at meetings, conferences, and conventions
requested by the Union
provided that The Center's operations shall not be impaired. The Union shall
give reasonable notice to
The Center and the names of those to attend.
New employees will serve a 3-month probationary period. During this probationary
period NHS
may counsel, correct, corrective action, or discharge said employee as an " At-Will
Employee" . There
will be no requirement to follow a just cause or progressive disciplinary standard
for these probationary
employees. NHS will provide written notice to AFSCME District Council 47 and
the Employee if a 3-
month extension is required for an employee. This notice will occur at least
15 days prior to the end of
the 3-month period.
If an employee is absent for any reason during the probationary period in
excess of a total of five
workdays then the number of hours of absence will be added to the probationary
period without prior
notice.
ARTICLE VIII SENIORITY
Section 1
Employee bargaining unit seniority is defined as the total length of time
an Employee has been
continuously employed by the Employer or the previous employer, whichever is
greater. Employees who
are hired on the same date will be carried on the seniority list alphabetically
by last name.
(a) An Employee's seniority shall commence after the completion of his/her
initial
Probationary Period and shall be retroactive to his/her most recent date of
hire. Temporary Employees
shall not accrue seniority during the time he/she occupies the position of
temporary employee. However,
should such temporary employee become a full-time or part-time regular Employee,
his/her seniority shall
begin on the date of hire and the actual time worked during his/her Probationary
Period shall be counted
for seniority.
Seniority shall accrue:
During an authorized leave of absence with pay.
During an authorized leave of absence without pay because of personal
illness or
accident for a period of time not to exceed the lesser of six months
or an
Employee's length of service.
During military service as provided by federal law.
An Employee will not accrue, but will not lose seniority:
During any other authorized leave of absence without pay.
During a lay-off not in excess of the lesser of twelve months or the length
of the
Employee's service within the bargaining unit since his/her last date
of hire.
Part-time regular Employees accrue seniority based on actual time worked.
If a part-time
regular Employee has accumulated more full-time equivalent seniority
than a full-time Employee has, the part-time Employee shall be considered
to have greater seniority as it
applies to the terms of this Agreement.
An Employee shall suffer loss of seniority for the following reasons:
Discharge for cause, resignation or retirement;
Exceeds an authorized leave of absence;
An absence from work for two (2) consecutive workdays without notice or
permission
shall be deemed a voluntary resignation.
Failure to report for work within forty-eight (48) hours following recall
from lay-off after
the Employee received notification by mail to so return by Employer
and Union received
similar notification by first class mail. Employer agrees to give Employee
and Union at
least seven (7) days prior notice before recall. However, if the Employee
notifies
Employer within this seven (7) day period and/or one (1) additional
calendar day that
he/she is not immediately available for work, he/she shall be retained
on such list for a
period of fifteen (15) calendar days. Employer may at its sole discretion
grant an
extension. Employer agrees to notify the Union of such extension and
the reasons for
same;
Lay-off in excess of twelve (12) months since the Employee's last day
worked for
Employer, or for a period equal to the length of the Employee's seniority,
which is less;
Failure to return to work following a disciplinary suspension without proper notification;
Employee obtains gainful employment by another employer without notice
to and approval
from the Employer during a leave of absence, except for military duty.
Employer shall provide Union with a seniority list June 1 and December 1 of each year.
' ARTICLE IX ' LAYOFFS, RECALL AND POSTING 'Section 1 A lay-off shall be determined by the Employer when the agency decides to
eliminate a position or
when it becomes necessary to reduce the Employer's overall work force.
Employer shall lay off Employees based on seniority. Before making any lay-off,
Employer will
eliminate all temporary and all Probationary Employees. The Employer will not
use pool employees to
fill positions that have been laid off. Employees who are laid off may accept
the lay-off or exercise one
of the bumping options listed below, it being understood that an Employee who
bumps must be qualified
to perform the position he/she seeks to fill. Bumping options are available
in the following order:
Accept any vacant position with the bargaining unit, together with the
work
schedule for that position;
Bump the Employee in the bargaining unit with the least seniority. If
the Employee
exercising bumping rights is not qualified to work the position held by
the
Employee with the least seniority, then the bumping Employee may bump
the next
Employee in the bargaining unit with the least seniority.
Be laid off.
Officers and stewards, as long as they hold office, shall be the last
to be laid off and
the first to be recalled, regardless of their bargaining unit seniority.
Officers shall
be laid off after stewards in their department regardless of seniority,
in the
following order: Chief Steward, then Recording Secretary, then Treasurer,
then
Vice President, then President. Officers and Shop Stewards of the Union
under this
Agreement shall be given this additional, special, and super-seniority
for the
purpose of lay-off and/or recall only. They shall receive no additional,
special, or
super-seniority rights for any other matter.
In the event an Employee is laid off, he/she shall receive full payment for
accrued earned, but
unused vacation time.
All Employees shall be given thirty (30) days notice of lay-off.
Section 5Recall from lay-off
Whenever a vacancy occurs in the bargaining unit, employees in the bargaining
unit shall
be recalled in the inverse order of their lay-off, with the maximum
time limitation of
twelve (12) months.
When probationary employees or temporary employees are laid off, they
shall have no
recall rights.
Posting
The posting procedure shall be used to fill non-temporary job openings
on all shifts.
Employer will post such openings on the bulletin boards and such openings
shall remain
posted for four (4) days. Postings will include the name of the work
site and the shift for
each opening.
All bids shall be submitted by in person and in writing to the Human Resources
Office.
Probationary Employees shall be eligible to bid, however, they will
not be given
consideration until after all non-probationary candidates who have
submitted bids are
considered.
A bidder shall be awarded the opening on the following basis:
First by ability and skill to perform job and satisfactory work record.
Second on the basis of seniority.
Third by approval of immediate supervisor.
A vacancy created by a successful bidder for an initial posting shall
also be posted.
Additional vacancies created by bidding shall not be posted.
A successful bidder shall have thirty (30) calendar days to prove he/she
can perform in the
new position satisfactorily and/or to elect to return to his/her former
position if open, or
bump onto the former shift on the basis of bargaining unit seniority.
The hiring supervisor shall determine the Employee's acceptability by
the end of thirty
(30) days.
If an Employee who has accepted a position is disqualified, he/she shall
return to his/her
former position if open, or bump into a former position on the basis
of bargaining unit
seniority.
If an Employee bids out of his/her department within the bargaining unit,
the applicable
probationary period for the position shall apply.
An Employee shall be limited to one (1) successful promotional bid and
one (1) successful
lateral bid every six (6) months, except that an Employee who elects
to disqualify himself/
herself from a successful bid shall not be eligible for further bidding,
either promotional or
lateral (depending on the type of bid for which disqualified), for
six (6) months thereafter.
Employee shall retain the right to make temporary reassignments when necessary
for the
proper operation of The Center.
When an Employee is promoted out of the bargaining unit, said Employee
shall be on a
three (3) month probationary period during which he/she shall not lose
his/her seniority
within the bargaining unit. If he/she returns to the bargaining unit
before the end of his/her
probationary period, he/she shall resume his/her seniority as of the day
he/she was
promoted. If he/she does not return, he/she shall lose all seniority
as a bargaining unit
Employee.
Retroactive to July 1, 2005 through June 30, 2006, all employees who have
completed probation
as of the date of ratification will receive a one-time non recurring payment
equal to a 2% based on the
employee's hourly rate.
Effective July 1, 2006 through ratification, 2% across the board increase
for employees who have
completed probation as of ratification as a one-time non recurring payment.
As additional employees
complete probation they will receive a 2% increase effective date probation
is ended.
Effective Date of Ratification, Employees who have completed probation, will
receive a 2% across the
board increase.
Effective July 1, 2007, Employees who have completed probation, will receive
a 2% across-the-
board increase.
Section 3
The following wage structure will be effective:
|
|
Probation Rate |
Job Rate |
Senior Rate |
|
Probation Rate |
Job Rate |
Senior Rate |
|
|
7/1/2003 |
7/1/2003 |
7/1/2003 |
|
7/1/2004 |
7/1/2004 |
7/1/2004 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst I |
12.607 |
12.858 |
13.394 |
|
12.859 |
13.115 |
13.662 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst II |
14.108 |
14.390 |
14.926 |
|
14.390 |
14.678 |
15.225 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst III |
15.608 |
15.920 |
16.456 |
|
15.920 |
16.238 |
16.785 |
|
|
|
|
|
|
|
|
|
|
|
Probation Rate |
Job Rate |
Senior Rate |
|
Probation Rate |
Job Rate |
Senior Rate |
|
|
7/1/2006 |
7/1/2006 |
7/1/2006 |
|
10/26/2006 |
10/26/2006 |
10/26/2006 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst I |
13.116 |
13.377 |
13.935 |
|
13.379 |
13.645 |
14.214 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst II |
14.678 |
14.971 |
15.529 |
|
14.972 |
15.271 |
15.840 |
|
|
|
|
|
|
|
|
|
|
Administrative Asst III |
16.239 |
16.563 |
17.121 |
|
16.563 |
16.894 |
17.463 |
|
|
Probation Rate |
Job Rate |
Senior Rate |
|
|
7/1/2007 |
7/1/2007 |
7/1/2007 |
|
|
|
|
|
|
Administrative Assistant I |
13.646 |
13.918 |
14.498 |
|
|
|
|
|
|
Administrative Assistant II |
15.271 |
15.576 |
16.156 |
|
|
|
|
|
|
Administrative Assistant III |
16.895 |
17.232 |
17.813 |
Section 6
Employees will move to the job rate after successfully completing the six-
(6) month performance
probationary period.
Employees with fifteen (15) years of service will receive a Senior Rate of $0.50 per hour.
' ARTICLE OF XI ' HOURS OF WORK 'Section 1 (a) The regular workweek for all full-time Employees shall be thirty-five
(35) hours. Hours in
excess of forty (40) in one week will be considered as overtime and will be
compensated
accordingly.
Employees shall be required to work a reasonable amount of overtime when
assigned by The
Center.
Where obligated by applicable law, Employees shall be paid one and one-half
times the
regular rate of pay for all authorized time worked in excess of forty
(40) hours per week.
Where The Center is not obligated by law to pay overtime pay, then
at the discretion of the
supervisor may utilize flexible scheduling. " Time off" . Time
off may be granted for all hours scheduled and worked beyond the regular
workweek. Time off must be scheduled and taken
within the same pay period in which the excess hours were worked.
The workweek shall commence at 12:01 a.m. Sunday and shall end 11:59 p.m. Saturday.
Section 3 An Employee temporarily assigned to a higher paying position or classification
shall be
compensated at the higher rate of pay retroactive to the first day once they
have completed three (3)
consecutive working days in the higher paying position.
GRIEVANCE AND ARBITATION PROCEDURE
Section 1 Any grievance which may arise between the parties concerning the application,
meaning or
interpretation of this Agreement shall be resolved in the following manner:
Step 1. An Employee having a grievance and his/her Shop Steward, if the grievant
so
desires, shall discuss it with his/her immediate supervisor within five (5)
working days after it arose or
should have been known to the Employee. Employer shall give its response through
the supervisor to the
Employee and his/her Union Steward if present, within five (5) working days
after the presentation of the
grievance.
Step 2. If the grievance is not settled in Step 1, the grievance may, within
five (5) working
days after the answer in Step 1, be presented in Step 2. When grievances are
presented in Step 2, they
shall be reduced to writing on grievance forms provided by Employer (which
shall be assigned a number
by the Human Resources Department, signed by the grievant and his/her Union
representative, and
presented to the Department Head and the Human Resources Department. A grievance
so presented in
Step 2 shall be answered in writing by the Department Head within (5) working
days after its
presentation.
Step 3. If the grievance is not settled in Step 2, the grievance may, within
five (5) working
days after the answer in Step 2, be presented in Step 3. A grievance shall
be presented in this step to the
Human Resources Department which shall hold a hearing within five (5) days
and shall thereafter render a
decision in writing within five (5) days. The scheduling of hearings will be
reasonably and promptly
arranged between Union and Employer.
Step 4. If the grievance is not settled in Step 3, the grievance may, within
five (5) working
days after the answer in Step 3, be presented in Step 4. A grievance shall
be presented in this step to the
Director of Woodhaven Center or his/her designee. The grievance shall be discussed
between the
Representative of District Council 47 (or his/her designated representative)
and the Director of
Woodhaven Center (or his/her designated representative) at a reasonable and
prompt time mutually
agreed upon. The party to whom the grievance is directed must state their position
relative to the
grievance in writing to the other party within ten (10) days from such meeting.
The party receiving such
written statement shall mail a response to it within thirty (30) days of its
receipt. Notations of Employer's
decision and the disposition of the case shall be entered on a grievance form
or in a letter and signed by
the Director of Woodhaven Center (or his/her designated representative) and
a copy presented to the
Union.
If the grievance is not satisfactorily steeled within the time limits specified
following the holding
of the Step 4 hearing it may be appealed to arbitration. Grievances appealed
to arbitration shall be
presented in writing to the American Arbitration Association within thirty
(30) days from the date of such
hearing or receipt of written response, whichever is the later, and a copy
shall be presented at the same
time to the other party.
Failure on the part of Employer to answer a grievance at any step shall be
deemed as denied by the
Employer, and the Union may proceed to the next step.
An Employee who has been suspended or discharged, or the Union on his/her
behalf, may file a
Step 4 grievance in writing to the Director of Woddhaven Center within five
(5) business days of the
suspension or discharge. Any prior written warnings applicable to the Employee
shall be mailed to the
Union by Employer within five (5) days after the Employee is notified of his/her
discharge.
The disposition of any grievance at any step of the grievance procedure,
or prior to the actual
receipt of the decision of an arbitrator, by agreement between the Employer
and the Union, shall be final
and binding upon the Union, Employer, Employee(s), or persons who are involved
or affected thereby.
Any disposition of a grievance from which no appeal is taken within the time
limits specified herein shall
be deemed resolved and shall not thereafter be considered subject to the grievance
and arbitration
provisions of this Agreement.
If the discharge, discipline, or suspension of any Employee results from
conduct related to a client,
and the client does not appear at a hearing, the Union hereby agrees that the
tribunal (grievance,
arbitration, court, etc.) shall not consider the client's absence to be prejudicial
to the Employer's position.
If a grievance affects a substantial number or a class of Employees and if
the Employer's
representative designed in Steps 1 and 2 lacks authority to settle the grievance,
the grievance may initially
be presented at Step 4 by the Union Steward or other Union representative.
The times specified in the above grievance steps are exclusive of Saturdays,
Sundays and holidays.
At the request of either party, and extension of up to fifteen (15) days shall
not be unreasonably denied.
Neither the Union nor any Employee shall engage in any strike or other interference
with the
operations of The Center or of any department during the term of this Agreement,
no shall any officer,
representative or official of the Union authorize, assist or encourage any
such strike during the life of this
Agreement. Strike means concerted action in failing to report for duty, the
willful absence from one's
position, the stoppage of work, slowdown, or the abstinence in whole or in
part from the full, faithful and
proper performance of the duties of employment for the purpose of including,
influencing or coercing a
change in the conditions or compensation of the rights, privileges, or obligations
of employment.
Should a strike occur not authorized by the Union, the Union within 24 hours
following the
request of the Employer shall:
Publicly disavow such action by the Employees
Advise the Office of Personal Services in writing that such Employee action
has not been
authorized or sanctioned by the Union.
Post notices on all bulletin boards advising Employees that it disapproves
of such action
and instruct them to return to work immediately.
The Employer reserves the right to discipline, suspend, demote, or discharge
any Employee who
violates the provisions of Section 1 of this Article.
The Employer will not engage in any Lockout during the life of this Agreement.
ARTICLE XIV UNPAID LEAVE Section 1 A leave of absence of any Employee may be approved by The Center for a period
not in excess of
thirty (30) days, and may be renewed upon application to The Center.
While on an unpaid leave of absence, an Employee shall not be entitled to
earn holiday pay, nor to
accrue sick leave time or vacation credits. An Employee shall accrue seniority
subject to the provisions
of this Agreement except as provided in Section 5 (c.) and Section 6 of ARTICLE
XIV. During such
leaves of absence, except Military, Health and Welfare benefits shall cease,
unless the Employee is able to
make arrangements to pay the full cost of such benefits. As a condition of
reinstatement following a
leave of absence for illness, The Center may require the Employee to receive
the approval of The Center's
Employee health service physician.
Except as provided above, Employees on leave of absence shall not be permitted
to accept other
employment during such leave. Violators shall be terminated.
A leave of absence for a period of one year with yearly extension may
be granted to
Employees with at least one year of bargaining unit seniority in order
to accept a full-time
position with the Union, provided such leaves will not interfere with
the operation of The
Center. Upon return to work an Employee shall be entitled to return
to his former position
if it is vacant or filled by a temporary or probationary Employee.
Otherwise, an Employee
shall be able to exercise the recall rights specified in this Agreement.
At no time shall
more than two Employees be on leave of absence hereunder at the same
time.
In the event the Employee returns to his former position, he shall be
entitled to his former
rate of pay plus any contractual increments.
Employer grants leaves of absence to eligible Employees as provided by
the Family and
Medical Leave Act of 1993. All requests for leave must be certified
by a licensed health
care practitioner. Employer may require an Employee to substitute accrued
sick leave,
vacation, or personal time for any part of the Family and Medical Leave.
An Employee who takes Family or Medical Leave will be returned to their
same of an
equivalent position
During Family or Medical Leave, no holiday pay, vacation, sick or personal
days shall
accrue. Health insurance and life insurance benefits will be continued
during the family or
medical leave up to twelve weeks.
Employer grants unpaid military leaves of absence to eligible Employees in
accordance with
federal law, for a period not to exceed four years. Employer requests that
a two-week notice, whenever
possible, be given for a military leave of absence. As required, Employer will
continue health insurance
benefits for up to thirty (30) days during any period of military leave. Reservists
in any branch of the
Armed Forces or National Guard will be granted time off for military training
in addition to earned
vacation time. The department supervisor and Human Resources Department must
be notified of the
training schedule as far in advance as possible.
Short-term military leave in the Reserve Forces or National Guard shall be
granted not to exceed
two (2) weeks per year. If mandatory, short-term military leave exceeds two
(2) weeks per year,
Employer will be flexible in reviewing such requests. Employer will reimburse
the difference between
the Employee's regular pay (straight pay) and military pay.
This provision is not applicable to an Employee who volunteers for military duty.
This Section applies only to full-time and part-time regular Employees.
Educational Leaves of Absence to further professional growth and advancement
may be approved
by The Center for a maximum of twelve (12) months to Employees with at least
one year of service.
PAID LEAVE
Section 1 Funeral LeaveAn allowance of up to three (3) days leave with straight time rate pay
shall be granted upon
request in the event of a death in the Employee's immediate family. Immediate
family is
defined as husband, wife, mother, father, grandparent, child, brother,
sister, father-in-law,
mother-in-law, sister-in-law, brother-in-law, grandchild or any member
of the Employee's
actual household. Paid funeral leave may be granted up to one (1) day
following the death
of a non-immediate family member.
An Employee shall make every effort to notify his/her supervisor prior
to taking such
leave. The Employer reserves the right to demand proof of death and
verification of
relationship for which leave is taken.
There shall be no duplication of payment that the Employee may otherwise
receive under
this Agreement.
Full-time Employees, and part-time regular Employees on a pro-rata basis,
who have
completed the 3 months of continuous employment are eligible to receive
funeral leave.
An Employee who has completed his/her Probationary Period and who is requested
to
perform service as a juror shall be given time off while serving on
a jury. At the
completion of jury service, the Employee must report the amount of
juror's fees received
for the number of days served as a juror and Employer will pay the
difference between the
regular straight pay that Employee would have earned by working, minus
the juror's fees
received (to a maximum of eight (8) hours at straight time to a maximum
of forty (40) hours per week). Whenever the Employee is relieved from
jury service, temporarily or
otherwise, he/she shall immediately advise his/her supervisor and report
to work as
requested to do so by Employer.
The receipt of a subpoena
or a notice to report for jury duty must be reported immediately
to the Program Director.
Within thirty (30) days of an Employee's return from jury duty, the Employee
must
document the time served on a jury by providing to the Employer either
the check or a
copy of the check received by the Employee as compensation for the
time served.
This paragraph applies only to full-time and part-time regular employees.
PAID SICK LEAVE
Section 1" Sick Leave" is defined as an absence of an Employee from work by reason of illness or accident.
Section 2 A full-time Employee shall accrue paid sick leave at the rate of 10 days
per year. Part-time
Employees hired to work twenty (20) or more hours per week accrue sick leave
on a pro rata basis. If an
employee begins employment on or before the fifteenth (15) day of the month,
that month shall count as a
full month of employment for purposes of sick time accrual. Employees who are
eligible to accrue sick
time continue to do so at their normal rate while on paid leave and while on
unpaid leave resulting from a
client related injury that is not compensated by workers' compensation. Employees
do not accrue sick
time while on unpaid leave. Employees do not accrue sick time while on leave
that is compensated by
workers' compensation after 60 days of absence.
To be eligible for benefits under this Article, an Employee who is absent
must notify his/her
supervisor, or, in the supervisor's absence, the Program Director or designee,
at least one (1) hour before
the start of the day shift (first shift) and at least two (2) hours before
the start of all other shifts, unless a
proper excuse is presented for the Employee's inability to call, including
the reason for the absence.
Employer may require written certification of a physician or other proof
of illness or injury
hereunder if Employee is absent from work for three (3) or more consecutive
days. For an absence of less
than three (3) consecutive days, a physician's certificate may be required
when the Employer has reason
to believe that the Employee has been abusing sick time privileges. The total
circumstances of an
Employee's use of sick leave rather than a numerical formula shall be the basis
upon which a
determination is made that an Employee is abusing sick leave. Discipline based
upon patterns of sick
leave will be treated under the basic concepts of just cause.
Employees may accumulate sixty (60) sick days and carry over a maximum
of sixty (60)
sick days from one fiscal year to the next, with long-term and short-term
disability benefits
available to them.
Subsection (a) notwithstanding, Employees as of the execution date of
this Agreement will
retain all sick days accrued and unused before the beginning of this Agreement,
even if the
number exceeds thirty days. These Employees will not accrue additional
sick days until
they use enough days so that the number of their accrued sick days
is less than sixty. At
that time, these Employees will earn sick days normally under the provisions
of this
Agreement. Regardless of the number of sick days an Employee has accrued,
the
Employee remains eligible for short-term disability benefits at the
end of thirty days of
disability. Employees allowed more than thirty days of accrued sick
time under this
paragraph shall not be required to wait more than thirty days in order
to receive short-term
disability benefits.
An Employee who is absent due to illness, injury or disability, who returns
to work within thirty
(30) days will return to the same job. Employees returning from such an absence
that is longer than thirty
(30) days, but less than six (6) months, shall return either to the same job
if it remains unfilled, or to an
equivalent position. For this purpose, an equivalent position is one within
the same job classification and
the same shift as the original job, as well as one with similar pay, benefits,
and subsequent terms of
employment.
Full-time and part-time regular Employees who were hired to work schedules
of thirty (30) hours
or more per week, and who have completed three months of continuous employment,
shall be entitled to
the following seven (7) paid holidays provided they work the entire scheduled
work day immediately
preceding and immediately following the holiday:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Monday shall be recognized as a holiday for all holidays occurring on a Sunday,
and Friday for all
holidays occurring on a Saturday for those Employees on a Monday through Friday
schedule. For other
than these Employees, the holiday shall be deemed to fall on the day on which
the holiday occurs.
If a full-time Employee works on any of the above holidays, he/she will
be compensated at
time and one-half pay and receive a maximum of eight hours of holiday time
or less
depending on how many hours the Employee worked on the holiday. The
holiday time
must be used within thirty (30) days from the date of the holiday.
If a part-time Employee
with a regular schedule of thirty (30) or more hours per week works
on any of the above
holidays, he/she shall be paid at time and one-half pay and receive
the maximum of eight
(8) hours of holiday time or less depending on how many hours the part-time
Employee
worked on the holiday. The holiday time must be used by the part-time
Employee within
thirty (30) days from the date of the holiday. Both the full-time and
part-time Employee
must designate " holiday" on their time cards when taking the
time. If a part-time
Employee who works a regular schedule of less than thirty (30) hours
per week or a
temporary or pool employee works on the holiday, they will be paid
straight time for the
time worked only.
Employees entitled to receive holiday pay (one and one-half the normal
rate) plus holiday
time, may request payment of their regular rate of pay for hours worked
on a holiday
instead of the holiday time. Employer reserves the right to grant or
deny such requests,
taking into account the Employee's stated preference for either holiday
vacation time off or
additional pay. Employer will presume an Employee prefers holiday vacation
time if the
Employee does not request the substitution of pay for this time.
The parties recognized that Employer is in a business requiring it to provide
services every day of
the year and that it is not possible for all Employees to be off duty on the
same day. Therefore, Employer
has the right, in its sole discretion, to require Employees to work on any
of the said holidays. Employees
shall be chosen based on seniority and on a rotating basis to ensure that the
least senior person is not
always chosen to work on a holiday. Employer will assign holiday duty at least
two (2) weeks in advance, and at least four (4) weeks in advance for New Years
Day, Thanksgiving Day, and Christmas
Day.
Section 4
No employee who fails to report for work on a holiday when he/she has been
scheduled to report
for work on such holiday shall receive pay or compensation of any kind for
the unworked holiday, unless
the Employee can produce verification of an emergency or illness.
Part-time Employees who are eligible to receive holiday pay in accordance
with Article I, Section
4 and this Article, will receive such holiday pay based on a pro-rated basis
up to a maximum of eight (8)
hours.
Full-time Employees, and part-time regular Employees who work more than thirty
(30) hours per
week, after such Employees have completed 30 days of employment, shall be granted
four (4) personal
holidays per year.
New employees are eligible to receive personal days based on the following schedule:
HIRED ENTITLED TO
Jan. 1 –Mar. 30 4 days after 30 days of employment
April 1 –June 30 3 days after 30 days of employment
July 1 –Sept. 30 2 days after 30 days of employment
Oct. 1 –Dec. 31 1 day after 30 days of employment
Personal days must be scheduled by the Employee seven (7) days in advance
(except in
emergencies) and approved by the Department Director or designee. In addition,
personal days must be
used within the calendar year when earned or otherwise they shall be lost.
There is no compensation for
unused personal days.
Payment for personal days shall be for full-time Employees at a rate of up
to a maximum of eight
(8) hours at the Employee's regular straight pay. Part-time regular Employees
shall be paid on a pro-rata
basis.
If a holiday falls during an Employee's vacation, that day will be treated
as a paid holiday day off.
As a result the Employee will retain the day as an available vacation day to
be used by the Employee in
accordance with normal procedures governing use of vacation days.
If one of the holidays falls on a full-time Employee's regularly scheduled
day off (and if the
holiday is not a weekend day for which the Employee receives either Friday
or Monday off in accordance
with Article XXII, Section 1), the Employee shall receive a day off at his/her
regular rate of pay within
thirty (30) days of the holiday or an additional day's pay at the same rate
in lieu thereof as determined by
The Center.
Full-time Employees shall be eligible for vacations with pay each year in
accordance with the
following schedule:
Length of Full-time Employment Vacation
Less than two (2) years 2 weeks
Two (2) or more years 3 weeks
Ten (10) or more years 4 weeks
Section 2
For the purpose of calculating vacation, an Employee shall not be considered
to have worked
during a month unless the Employee has been employed by the 15th of the month.
Vacation schedules shall be established by The Center taking into account
the wishes of eligible
Employees and the staffing needs of The Center. Employees shall submit their
vacation requests in
writing one week in advance for two days or less and two weeks in advance for
more than two days.
Where there is a conflict in choice of vacation time among Employees within a department, seniority will govern.
Section 4 Vacation pay shall be based upon an Employee's regular rate of pay at the
beginning of his
vacation period.
No part of an Employee's scheduled vacation may be charged to sick leave.
Employees will not
be compensated for vacation time not taken.
Employees terminated involuntarily and Employees who give two (2) weeks notice
of voluntary
termination shall be entitled to accrued vacation pay.
Upon the Employee's written request, the Employee will be paid his vacation
pay the pay day
before starting his vacation, provided such vacation is scheduled at least
four (4) weeks in advance.
Vacation may be carried over from year to the next but may not exceed the
amount that an
Employee can accrue over a two (2) year period.
Upon enrollment at the Human Resources Department, and after completing three
(3) months of
continuous employment, all active Employees who are hired to work thirty (30)
hours or more per week are eligible for the following benefit programs: Life
Insurance; Short-term and Long-term Disability;
Medical Insurance through either Keystone HMO or POS; and dental benefits.
Health Insurance
All Employees will not eligible for medical waiver payment. Employees currently
receiving the medical waiver payment will
be reduced 50% on 7/1/07 and payment will be eliminated on 6/30/08.
The current Union Medical Plans will no longer be made available. The Employer
shall offer the following medical plans for
the Eastern Region: Keystone Health Plan East HMO Flex Plan (KHPE C1-F3 Flex
HMO Plan) and Keystone Health Plan East
POS (KHPE C1-F3-01 POS Flex Plan).
All Employees hired prior to 7/30/02 will enroll in health plans currently
offered to NHS and will contribute to medical
insurance at their current contribution level until 7/31/07.
As of 8/1/07 the contributions will be as follows:
$25 per month for single coverage
$100 per month for coverage of the Employee and a spouse or one dependent
$150 per month for family coverage
Contribution amounts described above will remain the same until contract expiration date.
All Employees hired after 7/30/02 will enroll in health care plans currently
offered to NHS and will contribute to
medical insurance as follows:
Upon ratification to 7/31/07
24.5% of cost of HMO and Rx plan coverage
POS Employee contribution for HMO Plan + (Cost of KHPE POS Plan-Cost of KHPE HMO Plan)
24.5% for Dental
8/1/07 to 6/30/08
25% of cost of HMO and Rx plan coverage
POS Employee contribution for HMO Plan + (Cost of KHPE POS Plan-Cost of KHPE HMO Plan)
25% for Dental
Each medical/prescription benefit plan will be offered to the employees in the following coverage tiers (groupings):
Employee Only;
Employee & Child;
Employee & Spouse;
Employee & Children;
Employee & Family.
Each dental/vision benefit plan will be offered to the employees in the following coverage tiers (groupings):
Employee Only;
Dependent Coverage (includes employee + any combination of spouse/children).
For the purpose of health and welfare benefit coverage; a spouse is defined
as a person of the opposite sex to whom the
employee is legally married.
In most cases, coverage tiers are determined by the insurance carriers and
may change beyond the Employer's control. If an
insurance carrier changes the tier offerings, the Employer will as well.
Medical coverage will include prescription drug (Rx) coverage. Employee contributions
for the Eastern Region medical plan
will be summarized in the following tables. All Employee contributions will
be on a pre-tax basis:
Employer reserves the right to update Employee contributions for medical coverage
using the methodology described above on
an annual basis or when the insurance carrier/plan administrator changes the
underlying rates of the plans.
Employees covered by this bargaining unit will have the choice of coverage levels as follows:
Medical Coverage only
Medical & Dental Coverage
Medical & Dental & Vision Coverage
Dental Coverage Only*
Vision Coverage Only*
No Coverage*
*Employee must provide proof of other medical coverage
The Employee has the right to waive coverage with proof of other insurance presented to the Employer.
Employees enrolled in the NHS Medical Plans that have inpatient Hospital co-payments
will continue to be eligible for
reimbursement of these co-payments by the Employer (up to $750 per admission).
The following co-payment structure for the Prescription Drug Benefit will take place effective upon ratification.
Retail (30-day) Mail Order (90-day)
Generic Drug $10 $20
Preferred Brand (Formulary) $20 $40
Non-Preferred Brand $35 $70
(Non-Formulary)
The Prescription Drug Benefit will contain a " Mandatory Generic" provision
effective upon ratification. Under this provision
if a brand-name drug is dispensed (at either the physician's or covered member's
request) when there is a generic drug
available, the covered member will be required to pay the difference in cost
between the brand-name drug and generic
equivalent, plus the generic co-payment. The member may appeal the " Mandatory
Generic" provision if the member (or the
member's physician) can demonstrate, to the claims administrator's satisfaction,
that the brand-name drug is medically
necessary.
(b)Life Insurance
Employees meeting the eligibility requirements in Section 1 are entitled to Group Life Insurance coverage as per NHS plan.
Employees will be enrolled in this benefit upon meeting eligibility requirements.
Employer will pay for 100% of the cost of this coverage.
©Disability
Employees meeting the eligibility requirements in Section 1 are entitled to
Group Short-Term and Group Long-Term Disability
coverage.
Employees will be enrolled in this benefit upon meeting eligibility requirements.
Employer will pay for 100% of the cost of this coverage.
(d) Dental
Employees meeting the eligibility requirements in Section 1 will be offered
dental coverage on a voluntary
basis. Employee contributions will be as summarized in the following tables:
Medical Plan Upon ratification 8/1/07-6/30/08.
24.5% of cost of 25% of cost of
Dental Plan coverage Dental Plan Coverage
Employer reserves the right to update Employee Contributions for dental coverage
(as described above) on an annual basis or
when the insurance carrier/plan administrator changes the underlying rates
of the plans.
Dental benefit plan will be offered to the employees in the following coverage tiers (groupings)
Employee Only Coverage
Dependent Coverage (includes EE+ any combination of spouse/children)
(e) Vision
Employees meeting the eligibility requirements in Section will be offered
vision coverage on a voluntary basis. Employee
contributions will be 100% of the cost of this coverage for the impending plan
year.
Employer reserves the right to update Employee Contributions for vision coverage
(as described above) on an annual basis or
when the insurance carrier/plan administrator changes the underlying rates
of the plans.
Vision benefit plan will be offered to the employees in the following coverage tiers (groupings):
Employee Only Coverage
Dependent Coverage (includes EE + any combination of spouse/children)
(f) Ancillary Benefits
The employer, from time to time, may offer other benefit opportunities, not
listed in this agreement. These benefits include,
but are not limited to, Flexible Spending Accounts and an Employee Assistance
Program. The Employer has the right to
modify or terminate these benefits at any time as it deems appropriate.
The Employer agrees to provide the Union (through its representatives) at
least 30 days notice of any change of substitution
cited above.
ARTICLE XX
PENSION
Section 1 Upon completion of one (1) year of service, Employees hired to work
thirty (30) hours or more
per week, who have reached their 21st birthday, and who have worked
a minimum of 1,000 hours of
service per year will be eligible to participate in the Center's Pension plan.
Section (e) All Employees will be enrolled in the new 401K plan upon ratification
of contract.
The Employer will match each contribution the Employee makes up to four and
one-half percent (4 1/2%)
of eligible gross earnings. In addition, the Employer will make a Special Service
Matching Contribution
as follows: for those Employees with five (5) years through nine (9) years
of service an additional $.05
on the dollar, for those employees with ten (10) or more years of service,
an additional $.10 on the dollar.
The Special Service Matching Contribution will be made on all eligible Employee
contributions
excluding Catch Up contributions for those over age 50.
Section 3
Employees who were continuously employed at The Center as of June 30, 1994
and who meet the
required criteria will be eligible to receive pension contributions effective
July 1, 1995.
ARTICLE XXI
RESIGNATION
Section 1 STYLE="margin-left: 0.5in; line-height: 200%"> An Employee who resigns shall give The Center two (2) weeks advance written notice. Section 2 An Employee who gives such notice of resignation, as provided above, or whose
employment is
terminated, shall be entitled to receive payment for unused vacation time earned
on the effective date of
the resignation or termination. If notice is not given as provided above, an
Employee shall not be entitled
to such payment, provided it was physically possible for the Employee to have
given such notice.
ARTICLE XXII
SEPARABILITY
Section 1 Full-time Employees working on a shift which begins after 12:00 noon and
before 6:00 a.m. shall
be paid a shift differential of sixty cents ($.60) per hour. An Employee who
is entitled to a shift
differential for work on his/her regular shift shall receive the shift differential
for overtime hours that are
an extension of his/her regular shift. A shift differential shall not be paid
when Employees are authorized
to exchange shifts temporarily for personal reasons.
A shift differential shall not be gained or lost as a result of an extension
of shift caused by
overtime.
If an Employee is regularly assigned to a shift receiving a shift differential,
the differential shall be
included in calculating the Employee's vacation, holiday and sick leave pay.
PERSONNEL PRACTICES
Section 1 Any Employee and/or the Union, with the Employee's written consent, shall
have the right to
review the contents of the Employee's personnel file to determine any matter
affecting such Employee.
Notice to review such files shall be given by the Employee or the Union in
writing to The Center
and the files shall be made available by The Center within ten (10) working
days after receipt of such
notice. Examination of the file shall take place in the Human Resources Department
in the presence of a
Human Resources representative. Employees have the right to have a union representative
present.
Materials contained in the Employee's file will not be removed from the file
or photocopied. Employees
have the right to take notes on what they find in the file. If an Employee
has a concern or complaint
regarding materials found in their file, they may submit a letter to the Director
of Human Resources. The
Human Resources Director will respond to the letter within ten (10) working
days.
All past practices are hereby eliminated.
ARTICLE XXV
COLLEGE TUITION
After completion of 90 days of employment, active full-time regular employees
may have work
related education costs including work related certification costs reimbursed
by NHS.
NHS shall reimburse fifty percent (50%) of the costs of tuition per semester
at a maximum reimbursement
rate of $750 per semester, $1500 per fiscal year.
ON THE JOB INJURY
Section 1 An Employee who is injured during the course of his/her workday as a result
of his/her job
responsibilities, with such injury requiring medical treatment, will be compensated
for his/her workday,
up to 35 hours per week/pay. Otherwise, the Employer will provide workers'
compensation benefits as
required by law. The Employee must report the injury to the Human Resources
Department and the
Employee's immediate supervisor. Such report must be made immediately unless
the injury occurs
during the night, or the weekend, or a holiday, whereupon the injury should
be reported immediately to the on-call supervisor and to the Human Resources
Department and the Employee's immediate supervisor on the next business day.
Employer will provide the Union with the name of its Worker's Compensation carrier.
Section 3 In cases of absence due to work related injuries compensated by workers'
compensation, the
Employer shall continue to contribute for health and welfare benefits during
such absence for up to six (6)
months, or the Employee's length of service, whichever is less.
MISCELLANEOUS
Section 1 Local Unit Representative Committee
The Local Unit Representative Committee normally consisting of at least three
(3) representatives
from the Union and the same from The Center may meet to discuss problems dealing
with the
implementation of this Agreement and to discuss Labor-Management problems that
may arise out of the
Employee-Employer relationship except that grievances may not be a subject
for this Committee.
Meetings of this Committee will be held at the request of either party and
an agenda for the meeting may
be submitted at least five (5) days prior to the meeting. The Committee may
establish sub-committees to
facilitate the discussions of the Committee.
The Center will provide the Union with job descriptions for all classes
covered by this
Agreement.
The Center agrees to meet and discuss for the purpose of reviewing changes
or revisions of
job descriptions during the term of this Agreement.
Disputes over salary grade level are subject to the grievance and arbitration procedure.
An Employee shall not loose pay as a result of attendance required by The
Center at conferences
and training sessions related to their work.
In the event The Center finds it necessary to make major changes affecting
bargaining unit
work, The Center agrees to meet and discuss the changes with the Union
in advance of the
initiation of such changes.
In the event that The Center intends to implement technological changes
which will result
in layoffs or substantially changes a job description that will result
in layoffs, it is agreed
that The Center shall meet and discuss in advance of the initiation
of said layoffs
concerning the possible retraining of affected Employees.
The Center shall continue to provide a safe and secure place of work for its Employees.
The Center shall provide protective clothing and equipment where required
by The Center
in the performance of the work.
The Safety Committee will meet from time to time for the purpose of making
recommendation on safety issues. Either Employer or the Union may request
such
meetings.
Employer shall pay for, or provide (at the Employer's sole discretion), an
Employee's
transportation to a hospital via ambulance, if required on the day the Employee
is injured on the job and
taken to the hospital.
Realizing that the Employer receives its legal right to operate through the
licensing of its programs
by the Pennsylvania Department of Public Welfare, the Employees and Employer
shall adhere to all
applicable federal, state and city laws and regulations.
All references to " Employee" , " Employees," " he," " his," or " their" in
the Agreement, covered
both male and female Employees. The terms are used for the purpose of brevity
and understanding only.
Employer shall provide Employees with a photo identification card at the
Employer's expense.
Employer shall provide such cards at least once a year for all new Employees.
This card is the property of
the Employer and must be returned to the Employer by Employee upon separation
from Employment. If
Employee loses such card, Employee shall compensate Employer Three Dollars
($3.00) for the lost card.
Reasonable use of telephones for local calls of personal business by Employees
shall be permitted.
Long distance calls will be permitted provided they are collect, charged to
credit cards, or charged to the
Employee's home telephone number. All use of telephones must be prior approved
by supervisors.
The Employer will provide suitable sanitary and eating facilities on all
shifts, as determined by
Employer.
Employees shall be treated in a respectful manner which does not embarrass
them or demean their
dignity.
In the event a consumer damages or destroys items of clothing or personal
property which are
worn by an Employee and which are necessary for the performance of such Employee''
work, the
Employer shall reimburse the Employee for the value of such clothing or personal
property. In addition,
where the Employee demonstrates that items of clothing which were not being
worn by the Employee are
destroyed by a consumer, the Employer shall reimburse the Employee for the
value of such clothing. The
condition of the clothing or personal property immediately prior to such damage
shall be taken into
account in determining its value.
The incident giving rise to such claims must be verified and not be due to
the Employee's own
negligence. The Employer shall take prompt and timely action in the disposition
of Employee claims for
damaged personal effects.
Wearing expensive clothing is not appropriate at the Center, and Employer
will not reimburse
Employees for such items. Employer will not reimburse for jewelry or similar
items that are not
necessary for the performance of Employee's work.
An Employee who is absent for an entire day due to inclement weather or
travel conditions will be
paid for the day with time charged to vacation or personal leave time,
if such time is accrued.
However, if a late opening and/or early closing occurs on such a day,
the time charged will be only
for that portion of the day subsequent to the late opening and/or early
closing.
In the case of a late opening or early dismissal of some or all Employees
due to extreme or
unusual weather conditions, the Employees dismissed will be paid for
the entire day.
Section 15 Travel Reimbursement
Effective March 1, 2006, any Employee who is required by the employer to utilize
his/her personal
vehicle for business will be reimbursed at thirty-three cents ($.33) per mile
for each mile are required to
use their vehicle for the Employer's business, plus receipted tolls and parking
costs. Any increase in the
rate of reimbursement to NHS employees will apply to DC 47 members for the
duration of this
agreement.
This Agreement shall be in full force and effect from the effective date
through 11:59 p.m. on June
30, 2008.
IN WITNESS WHEREOF, THE UNION AND THE EMPLOYER HAVE EXECUTED THIS
AGREEMENT
LOCAL 1723, AND DISTRICT NORTHWESTERN WOODHAVEN, INC.
COUNCIL 47 OF THE AMERICAN
FEDERATION OF STATE, COUNTY
AND MUNICIAPL EMPLOYEES,
AFL-CIO.
_______________________________________ ____________________________________
Representative Senior Vice President
______________________________ ________________________
Date Date
______________________________
Shop Steward
Date