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HomeMy WebLinkAboutUAW- BP final no signatures.pdf Page 1 of 18 3/6/2012 COLLECTIVE BARGAINING AGREEMENT BETWEEN Southern Cayuga Lake Intermunicipal Water Commission AND UAW Local 2300 Administrative and Technical Unit Contract Term: 1/1/2012 – 12/31/2014 Page 2 of 18 3/6/2012 Union Contract Table of Contents ARTICLE T I T L E P A G E ARTICLE 1. RECOGNITION 3 ARTICLE 2. STATEMENT OF PURPOSE 3 ARTICLE 3. SAVINGS AND SEPARABILITY 3 ARTICLE 4. CONFLICT WITH INTERMUNICIPAL AGREEMENT 3 ARTICLE 5. COMPLETE AGREEMENT 4 ARTICLE 6. APPROVAL OF AGREEMENT 4 ARTICLE 7. EMPLOYEE ORGANIZATION RIGHTS 4 ARTICLE 8. MANAGEMENT RIGHTS 6 ARTICLE 9. DECLARATION OF NO STRIKE POLICY 7 ARTICLE 10. COACHING 7 ARTICLE 11. DISCIPLINARY ACTION 8 ARTICLE 12. GRIEVANCES 10 ARTICLE 13. REVIEW OF PERSONAL HISTORY FOLDER 12 ARTICLE 14. S E N I O R I T Y 1 2 ARTICLE 15. EMPLOYEE DEFINITION 13 ARTICLE 16. HOURS OF WORK 13 ARTICLE 17. W A G E S 1 4 ARTICLE 18. HOLIDAYS 14 ARTICLE 19. V A C A T I O N 1 5 ARTICLE 20. HEALTH INSURANCE 16 ARTICLE 21. NEW TECHNOLOGY OR EQUIPMENT 17 ARTICLE 22. TRAINING AND TRAVEL 17 ARTICLE 23 . OTHER BENEFITS 17 ARTICLE 24. TERMS OF AGREEMENT 18 Page 3 of 18 3/6/2012 ARTICLE 1. - RECOGNITION This Agreement is made by and between United Auto Workers Local 2300, hereinafter called the “UAW” or “Union”, and the Southern Cayuga Lake Intermunicipal Water Commission, New York, hereinafter called the “SCLIWC” or “Employer”. The Employer recognizes the Union as the exclusive representative of all employees (including part time) in the following classifications of work covered by this Agreement for the purpose of collective bargaining as provided by the Public Employees’ Fair Employment Act, Article 14 of Civil Service Law (Taylor Law): Account Clerk Typist and Technical Services Coordinator. ARTICLE 2. - STATEMENT OF PURPOSE It is the purpose of this agreement to establish the terms and conditions of employment and to encourage a constructive, mutually respectful working relationship between UAW and SCLIWC. Both parties agree to strive toward a resolution of conflict in a constructive and mutually respectful manner. Both parties agree that full and open dialog prior to decisions affecting the other is essential to a healthy relationship. Both parties recognize that staff, management and the Commissioners have a right to be treated with respect and dignity in a harassment-free environment. Both parties to this contract affirm that each shall at all times be a dedicated, courteous and efficient representative of public employment, realizing full well that he/she is under the constant scrutiny of the public at large, and that he/she is performing an essential service for the benefit of the citizens of the community at large. ARTICLE 3. - SAVINGS AND SEPARABILITY It is not the intent of either party hereto to violate any laws or rulings or regulations of any Governmental authority or agency having jurisdiction of the subject matter of this Agreement, and the parties hereto agree that in the event any provisions of this Agreement are held or constituted to be void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of the Agreement. ARTICLE 4. - CONFLICT WITH INTERMUNICIPAL AGREEMENT The Union acknowledges that the Employer is a Commission created by virtue of an intermunicipal agreement (the “Intermunicipal Agreement”) among the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing, acting on their own behalf and on behalf of certain water districts located within the boundaries of such Towns. The Union also acknowledges that the Employer’s authority to act and to agree is limited to the authority granted by the terms of the Intermunicipal Agreement. Accordingly, the Union and Employer agree that in the event any provision of this Agreement is in conflict with, or in excess of any authority granted to the Employer by, the Intermunicipal Agreement, such provision shall be deemed null and void and unenforceable by the Union against the Employer or any of its constituent municipalities. Page 4 of 18 3/6/2012 ARTICLE 5. - COMPLETE AGREEMENT The parties agree that each has had unlimited right to present proposals and counterproposals concerning wages, hours and other terms and conditions of work, the results of which are set forth in this Agreement. This document constitutes the entire Agreement between the parties and no verbal statement or other agreement in whatever form, except an amendment to this Agreement in writing annexed hereto and specifically designated as an amendment, shall supersede or vary any of the provisions of this Agreement. ARTICLE 6. - APPROVAL OF AGREEMENT This Agreement shall not be binding upon the Employer until it is approved by the governing bodies of the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing. Employer agrees to notify the Union of the decision of each of such bodies within one week of the vote on same. The following agreement is included pursuant to Civil Service Law Section 204-a: It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval. ARTICLE 7. - EMPLOYEE ORGANIZATION RIGHTS Section 7.01 UNION SECURITY Membership in the Union is not compulsory. Employees have the right to join, not join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any pressure on, or discriminate against an Employee with respect to such matter. The Union is required under this Agreement to represent all of the employees in the bargaining unit and not only members of the Union, and this Agreement has been executed by the Employer after it has satisfied itself that the Union is the choice of a majority of the employees in the bargaining unit. Accordingly, it is fair that each employee in the bargaining unit pays his/her own way and assumes his/her fair share of the obligations along with the grant of equal benefits contained in this agreement. In accordance with the policy set forth under this section, all employees in the bargaining unit shall, as a condition of continued employment, pay to the Union an amount of money equal to that paid by other employees in the bargaining unit who are members of the Union. This amount shall be limited to an amount of money equal to the Union’s regular and usual initiation fee and monthly dues. For present employees, such payment shall commence thirty-one (31) days following the effective date or the date of execution of this Agreement, whichever is the later, and for new employees, the payment shall start thirty-one (31) days following the date of employment. Section 7.02 DUES AND OTHER DEDUCTIONS Dues Check-off: For employees who have signed a written authorization, the Employer agrees to deduct from the pay of all employees covered by this agreement the dues and/or initiation Page 5 of 18 3/6/2012 fees of the Union and agrees to remit to the Union all such deductions prior to the end of the month for which the deduction is made. With each remittance, Employer will provide the Union with a list of names of employees and the dates and amounts of deductions made for each employee. Employer shall remit the Dues Check-off check to the Union within seven (7) days of the last payroll date of the month. The Union shall indemnify and hold the Employer harmless against any and all claims, suits, orders or other forms of liability that shall arise out of, or for reason of action taken by the Employer, reliance upon payroll deduction authorization cards submitted by the Union to the Employer. Hardship Fund and Voluntary Community Action Program (VCAP) Check-Off Employees shall have the option of enrolling in a voluntary Hardship Fund and/or VCAP Check- Off. The employee shall have the right to enroll in the fund or VCAP at reasonable, specified times agreed upon by the Union and SCLIWC. Enrollment shall be by written authorization signed by the employee directing SCLIWC to make the Hardship Fund and/or VCAP deduction. Section 7.03 INSPECTION PRIVILEGES Authorized agents of the Union shall have access to the Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to. The Union will submit a list of authorized agents to the Employer. These agents must notify the Employer prior to these visits and such visit shall not interfere with work assignments. The Employer will assign a location and a reasonable time for such visitation. Inspection requests shall not be unreasonably denied. Section 7.04 STEWARDS The Employer recognizes the right of the Union to designate one bargaining unit employee as the duly authorized shop steward. The shop steward will be provided the following time off from his/her assigned schedule of work, without loss of pay, for the purpose of adjusting grievances or assisting in the administration of this Agreement in meetings with management: a. One hour to investigate prior to a Step 1 grievance hearing. b. One-half hour to meet prior to a Step 2 grievance hearing and subsequent Steps. c. All time in a grievance meeting with management. Except for actual time in a grievance hearing or meeting with a representative of the Employer, employee business with the Union shall be conducted during non-duty hours. Except for use of the bulletin board set forth below, no Employer facilities, including telephones, computers, and copy machines, shall be used for Union business except as follows: Employees may occasionally use the Commission’s equipment on their own time; however, the following rules apply. 1. All work performed and time scheduled must first be approved by the appropriate Department Head. 2. Work must be performed outside normal hours (the lunch period may be used). 3. Equipment may be used, but not materials (paper and computer supplies, etc.). Page 6 of 18 3/6/2012 4. Copiers may be used, but copies must be paid for at the public charged rate of $0.25. Flexibility is allowed for 1 or 2 occasional copies. Steward has no authority to take strike action, or any other action interrupting the Employer’s business. Negotiations: The Union may designate one employee to attend negotiations with the Employer. The representative employee will be allowed release time, without loss of pay or leave credits, for the sole purpose of attending negotiations scheduled by the employer. Training: SCLIWC will grant the Union up to 5 (five) days of unpaid union leave annually for the purpose of steward training, such time off to be requested and approved in accordance with the standard vacation policy. Section 7.05 NON-DISCRIMINATION The Employer and the Union agree not to discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, gender expression, national origin, age, marital status, sexual orientation, disability (as defined by the Americans with Disabilities Act of 1990), political beliefs, or political affiliation or engage in any other discriminatory acts prohibited by law. The Employer and the Union further agree not to discriminate against any individual because of such individual’s membership in the Union, support of the Union, or activity that is lawful under the Taylor Law. Section 7.06 BULLETIN BOARD The Employer shall provide a bulletin board for the posting of notices and other materials pertaining to official Union business by the employees and authorized representatives of the Union. Postings must be submitted in advance to the Employer. The Employer retains the right to reject all postings which are deemed to reflect adversely on the reputation of the Employer or which could constitute harassment of other employees. ARTICLE 8. - MANAGEMENT RIGHTS Union recognizes that there are rights and responsibilities belonging solely to the Employer except where limited by this Agreement. The Employer retains all of the rights, functions, duties and responsibilities of management currently accorded it by law. Except where limited by this agreement the Employer reserves and retains solely and exclusively all of its inherent rights to operate and manage its business by determining the mission, purpose, objectives, policies and programs; to make or alter from time to time reasonable rules and regulations to be observed by the employees, including without limiting, the right to discontinue old methods and to initiate any technical changes as well as any form or type of new method or procedure; to determine work rules and standards of performance; to determine services to be rendered or supplied; to determine the size of the work force; to determine policy affecting selection or training of employees; to hire and assign employees of its own selection; to determine the number to be employed; to prepare job qualifications and establish job classifications; to assign and reassign Page 7 of 18 3/6/2012 the work to be performed by the employees; to establish and change work schedules; to transfer, promote, demote, lay-off, terminate or otherwise relieve employees from duty subject to applicable provisions of the Civil Service Law of the State of New York. Furthermore, the exercise or non-exercise of rights hereby retained by the Employer shall not be deemed a waiver of any such right or prevent the Employer from exercising such rights in any way in the future. ARTICLE 9. - DECLARATION OF NO STRIKE POLICY The Union affirms that under no circumstances shall the Union, its officials, its employees, its affiliates, or its members, directly or indirectly cause, instigate, permit, support, encourage or condone, nor shall any employee or employees, directly or indirectly, take part in any action against or any interference with the operations of the Employer or any of the municipalities associated with the Employer, such as a strike, work stoppage, sit-down, stay-in, slow-down, curtailment of work, restriction of production, or any picketing, patrolling or demonstrations at any location where operations of the Employer or operations of any municipality associated with the Employer are conducted whatsoever during the term of this Agreement. Notwithstanding anything above, the Employer agrees not to discipline any employee who in a non-emergency situation declines to cross a union picket line during work hours. Employer agrees that it will not lock out its employees during the term of this agreement and for any period of time outside this agreement while negotiations for a successor agreement are on- going. ARTICLE 10. - COACHING The Employer encourages Department Managers to provide coaching to their employees. Coaching is a means of discussion, mentoring, encouragement and training on actions that need to be improved. Coaching is intended to provide the employee with the knowledge and the means to improve upon specific actions. Coaching involves setting goals with the employee and establishing a realistic time frame for any improvements discussed. Formal coaching shall be documented by the employee’s receipt of an official coaching form. Coaching shall not be considered to be disciplinary action. The purpose is to provide aid to the employee for self-improvement. The oral coaching process can continue for a short or long period of time depending on the employee’s actions. If the use of oral coaching over time does not resolve the issue, then coaching may progress to being put in writing after the discussions have occurred. If continued coaching does not work in aiding the employee to correct the issue and further action is needed, the Department Manager will then follow the Disciplinary Policy. In situations requiring immediate actions, discipline may be imposed, even if coaching has not occurred. ARTICLE 11. - DISCIPLINARY ACTION Section 11.01 GENERAL PRINCIPLES AND PROGRESSIVE DISCIPLINE The Employer and the Union agree to a procedure of progressive discipline and to the principle that the object of a disciplinary policy is to improve the future performance of an employee. Whenever possible, the Employer will assist the employee in improving performance through Page 8 of 18 3/6/2012 means alternative to discipline. Disciplinary action will be taken only if coaching has not corrected the problem, or the circumstances and nature of the employee's actions or conduct require immediate disciplinary action. The steps in the procedure of progressive discipline shall include written warnings; suspensions; and discharge. Situations involving major infractions or offenses shall be exempt from progressive discipline and may subject an employee to discipline, including discharge, regardless of the employee's prior record. Disciplinary action, including discharge, shall be imposed only for just cause. Section 11.02 RIGHT OF UNION REPRESENTATION An employee shall be entitled to Union representation at each stage of any disciplinary proceeding instituted by the Employer. An employee shall be entitled to Union representation at any questioning if it is contemplated that the employee might be disciplined as a result of any matter to which the questioning relates. Before commencing each stage of any disciplinary proceeding and before commencing any questioning as set forth above, the Employer shall notify the affected employee, in writing, of the employee's right to Union representation as set forth in this paragraph. As used in this paragraph, the right to Union representation includes the right to consult with a Union representative in advance of the stage of the disciplinary proceeding or questioning or both, as applicable. Further, this right shall include the opportunity to have the Union representative present throughout the interview or disciplinary procedure. If the employee has requested Union representation, the employee shall be afforded a reasonable period of time to obtain the representation. Disciplinary meetings shall refer to meetings with employees being investigated and who might be subject to disciplinary action, but do not include meetings or sessions involving training, instruction, coaching, or performance reviews. To the extent possible and legal, all disciplinary meetings shall be confidential and private and shall include a Union representative unless the employee objects. Section 11.03 EMPLOYEE'S OPTIONS UPON RECEIPT OF NOTICE OF DISCIPLINE An employee who has received a Notice of Discipline may choose one of the following three options: (1) Accept the discipline set forth in the Notice of Discipline; (2) Object to the discipline by filing a grievance pursuant to the grievance procedure set forth in this Agreement between the Union and the Employer; (3) Object to the discipline by invoking his or her rights under Section 75 of the Civil Service Law. The employee may choose only one option. If the employee chooses to object to the Notice of Discipline, the employee must file written notice of his or her choice of procedure with the Employer and the Union no later than the eighth day (8) day after receiving the Notice of Discipline. The employee may use the Declaration of Option form to provide this notice to the Employer and the Union. The Declaration of Option form will be attached to the Notice of Discipline. If the employee chooses to accept the disciplinary action, the employee waives all rights under Section 75 of the Civil Service Law and all rights available to the employee under the progressive disciplinary process, including the right to challenge the discipline through the grievance procedure of this Agreement. If the employee chooses to object to the Notice of Discipline by filing a grievance pursuant to the grievance procedure of this Agreement, the Page 9 of 18 3/6/2012 employee is precluded from exercising any rights available to him or her under Section 75 of the Civil Service Law. If the employee chooses to object to the Notice of Discipline by invoking his or her rights under Section 75 of the Civil Service Law, the employee is precluded from exercising any rights available to him or her under the grievance procedure of this Agreement. If the employee chooses to object to the Notice of Discipline, whether through the progressive disciplinary process, including the contractual grievance procedure, or through Section 75 of the Civil Service Law, the employee shall be deemed to have denied all charges and to have denied that the proposed discipline is justified. Section 11.04 OBJECTION TO DISCIPLINE THROUGH CONTRACTUAL GRIEVANCE PROCEDURE The progressive disciplinary procedure for insubordination, incompetence, or misconduct described in this section shall be available to employees as an alternative to Section 75 of the Civil Service Law. Under this procedure, an objection to discipline is made by filing a grievance under the grievance procedure set forth in this Agreement and shall be processed as a grievance under that procedure. Section 11.05 OBJECTION TO DISCIPLINE THROUGH SECTION 75 OF THE CIVIL SERVICE LAW If the matter is processed under Section 75 of the Civil Service Law, the Employer may impose one, and only one, of the following penalties pursuant to Section 75: reprimand; fine not to exceed one hundred dollars, to be deducted from the salary or wages of the employee; suspension without pay for a period not exceeding two months; demotion in grade and title; or dismissal. Disciplinary action imposed pursuant to Section 75 of the Civil Service Law is not grieve-able under this Agreement. The Section 75 hearing officer shall be selected by the Employer and the Union. If the parties cannot agree on a hearing officer within twenty (20) work days, the parties will request a list of neutral hearing officers from PERB and the hearing officer will be selected using PERB's rules and procedures. The fees and expenses of the hearing officer shall be divided equally between the Union and the Employer. Section 11.06 INITIATION OF DISCIPLINARY ACTION If the Employer decides to impose disciplinary action on an employee, a written Notice of Discipline shall be served on the employee and the Human Resources Manager. The Notice of Discipline shall set forth all alleged acts of the employee that the Employer believes warrant discipline and shall also set forth the proposed disciplinary penalty. The Employer shall personally serve the employee with the Notice of Discipline. If possible, the Notice of Discipline shall be served on the employee in the presence of a Union representative, except where the employee waives this right. The Employer shall serve a copy of the Notice of Discipline on the Union within 24 hours of service on the employee. Service on the Union shall be by certified mail to the Union office or by personal delivery to a Union officer. Page 10 of 18 3/6/2012 Section 11.07 IMMEDIATE SUSPENSION If allegations of employee misconduct are such as to generate a reasonable concern for the safety and welfare of other employees, but further investigation by the Employer is needed to determine their truth, the Employer may temporarily suspend the employee against whom the allegations have been made, without pay, for up to thirty (30) days. However, before or promptly after imposing this suspension, the Employer must afford the employee a pre- suspension hearing, at which the employee shall be provided oral or written notice of the allegations against him or her, an explanation of the Employer's evidence, and an opportunity to present his or her side of the story. If the allegations are unfounded, all records of such allegations shall be removed from the employee's personnel file, and the employee shall suffer no loss of wages, benefits, or leave time. If, after investigation, the Employer believes that the allegations have been substantiated, the Employer may commence or continue disciplinary action pursuant to this Article. Section 11.08 PROBATIONARY EMPLOYEES Probationary employees are not covered by this Article. ARTICLE 12. - GRIEVANCES Section 12.01 DEFINED Any dispute concerning the interpretation or application of the terms of this Agreement or the rights claimed to exist hereunder shall be processed in accordance with the provisions of this Article. Every employee shall have the right to present his/her unresolved dispute free from interference, coercion, restraint, discrimination, or reprisal, and shall have the right to be represented by a person of his/her own choosing at all stages of the grievance procedure. Employees, Steward, the Union and the Employer shall have fifteen (15) working days from the occurrence of any dispute to grieve such matter. If the matter is not grieved, it shall be deemed acceptable, and all parties shall waive the right to grieve the matter. Section 12.02 GRIEVANCE PROCEDURE The procedural steps of the grievance procedure shall be as follows: Step 1: The Employee shall present the basis for his/her dispute to his/her Union representative who shall advise him/her of his/her rights and assist the Employee and the Supervisor to reach an amicable solution. The presentation may be either oral or written, and must include Article and/or Section being grieved, and the remedy sought. A written answer will be provided within ten (10) working days following the Step 1 meeting. Step 2: If the employee does not receive a satisfactory answer in Step 1 the employee may appeal the grievance to the General Manager, within ten (10) working days following receipt of the Step 1 response. The grievance shall be dated and Page 11 of 18 3/6/2012 signed by the grievant and the shop steward and shall set forth the nature of the grievance including contract provisions allegedly violated, facts and pertinent dates, and the remedies desired. The General Manager or designee will arrange for and will meet with the grievant and the shop steward within ten working days following receipt of the written grievance. A written answer will be provided within ten (10) working days following the Step 2 meeting. Step 3: If the employee does not receive a satisfactory answer in Step 2, the employee may appeal the grievance to the Personnel Committee within ten (10) working days following receipt of the Step 2 response. The Chair of the Employer’s Personnel Committee, or designee, will arrange to meet with the grievant, shop steward and the Union representative, within five working days of receipt of the written grievance from the Union. A written answer will be provided within ten (10) working days following the Step 3 meeting. Step 4: In the event that the grievance is unresolved, the Union may submit the issue to arbitration in accordance with the rules of the NYS Public Employment Relations Board. The arbitrator shall have no power to add to, subtract from or alter the specific terms of this agreement. The fees and expenses of the arbitrator and the cost of the hearing room, if any shall be shared equally by the parties. The arbitrator’s decision and award shall be in writing and delivered within thirty (30) days from the date the record is closed. The decision shall be final and binding upon the parties. If appeals by the grievant or his/her representative to the employer’s decision are not timely for each step as defined above, the decision at the previous step shall be binding. If the Employer fails to respond in a timely manner as defined for each step above, the grievance will automatically advance to the next step. • Grievance Mediation Upon mutual agreement, the Employer and the Union will request a Mediator for the purpose of grievance mediation. This process may be implemented with mutual agreement prior to filing for Arbitration, or in the time frame between the filing for Arbitration and the Arbitration proceedings. In the event Grievance Mediation is chosen prior to the filing for Arbitration, the time limits for filing for Arbitration will be extended to accommodate the Grievance Mediation process. Where grievance mediation results in a mutually acceptable resolution of the dispute this resolution shall be binding on both parties. Where no mutually acceptable resolution is achieved the decision/recommendations of the mediator shall not be binding on either party and may not be introduced in any subsequent arbitration proceedings. ARTICLE 13. - REVIEW OF PERSONAL HISTORY FOLDER An employee shall, within five (5) working days of a written request to the Employer, be provided the opportunity to review his/her official personal history folder in the presence of a Union representative, if requested by the employee, and an appropriate Employer representative. This right shall not be abused. The employee shall be allowed to place in such file a response to anything contained therein which the employee deems to be adverse. Page 12 of 18 3/6/2012 The official personal history folder shall contain all memoranda and documents relating to the employee, which contain criticism, commendation, appraisal, or rating of the employee’s performance on his/her job. Copies of such memoranda and documents shall be sent to the employee simultaneously with their being placed in the official personal history folder. An employee may, at any time, request and be provided copies of all documents and notations in his/her official personal folder of which he/she has not previously been given copies. ARTICLE 14. - SENIORITY Seniority shall be defined as the length of continuous service with the Employer for the purpose of vacation selection, lay-off, recall, and for the purpose of promotion, seniority shall be a factor weighed when two qualified employees have equivalent skills, experience, knowledge and ability. An employee shall lose seniority if the employee: a. Resigns, quits or retires. b. Is discharged or terminated (unless reversed through the grievance, arbitration, or Civil Service procedure). c. Does not return from layoff within five (5) working days after being officially notified to return to work, by certified or registered mail addressed to the employee’s last forwarding address on file with the Employer. Employer, in addition, will contact the employee via telephone and home email (if on file). An employee who moves must notify the Employer of his change of address in writing within five (5) calendar days of such move. d. Is absent from work or fails to return to work at the expiration of a leave of absence, vacation or disciplinary layoff, for three (3) consecutive working days without notifying and receiving approval from the General Manager or designee. e. Is transferred or promoted into another position with the Employer, except such an employee shall have the right to return to his/her former position (with no loss of seniority) until the end of probationary period for the position they are being promoted or transferred into, provided such employee has not been discharged from his/her position in that department for misconduct. f. The employee fails to return to employment at the Employer within one year following the expiration of Short-Term Disability Leave. g. An employee on a continuous absence from work due to a work-related injury or illness who fails to return to work within one year of a determination by a physician that the employee is permanently disabled or if the employee fails to return to work within thirty (30) months following an absence due to work-related injury or illness. Bargaining unit employees who are promoted to supervisory positions with the Employer shall be eligible to return to the bargaining unit within three (3) months from the date of promotion; provided such employee has not been discharged for misconduct. Page 13 of 18 3/6/2012 ARTICLE 15. - EMPLOYEE DEFINITION The following definitions are to be used only and solely for interpreting the provisions of this contract and do not relate to any other rule, policy, or law. Full-time employees - Employees are to be considered full-time if they work 35 hours per week or more. Part-time employees- Employees are to be considered part-time if they work less than 35 hours per week. Part time employees will receive benefits based on a pro-rata amount. ARTICLE 16. - HOURS OF WORK Section 16.01 WORK DAY – WORK WEEK The standard workweek for the bargaining unit is 8:00 am to 4:00 p.m., Monday through Friday, with a paid ½ hour lunch break, which is a 40-hour standard workweek for full time employees. Therefore, Commission employees must be at the job site and available for work at all times, including during their lunch. The employer will provide space and time away from the employee’s workstation for a meal break each day, if feasible. The employee when given this opportunity must leave their workstation area and not eat at their workstation. The standard hours can be changed or altered by a Department Manager with consent by the General Manager, and after discussion with the employee. Section 16.02 ALTERNATIVE WORK SCHEDULE Employees may work other than the full-time work week hours normally worked for that department with approval of the Department Manager. An alternative work schedule must be discussed and approved of in writing by the employee’s Department Manager. A copy of the approval will be filed in the employee’s personnel file. An alternative work schedule will only be considered if it is feasible given the nature of an employee’s work duties. Once approved, the alternative schedule will not be withdrawn without notification from the Department Manager, in writing at least 2 weeks prior to the date of change, unless the employee voluntarily waives the notification period. Section 16.03 OVERTIME Hours an employee works in excess of 40 per week. The Fair Labor Standards Act of 1938 requires that overtime pay must be paid at a rate of not less than one and one-half times the non- exempt employee's regular rate of pay for each hour worked in excess of 40 hours per week. Overtime is calculated on a weekly basis, not on a bi-weekly pay period. Fringes used in a week will be included in the calculation of overtime pay. The standard workweek shall not be changed to avoid paying overtime in any week. Section 16.04 TIME SHEETS All employees are required to fill out a time sheet in ink on a daily basis, sign it on the last day of the pay period and turn it into their supervisor or Department Manager. Time shall be charged at one quarter (.25) of an hour basis. Time sheets cannot be changed without the employee’s Page 14 of 18 3/6/2012 permission; both employee and supervisor must initial the changes. Payroll may make minor mathematical corrections and allocation changes, after discussion with the employee and supervisor. ARTICLE 17. - WAGES Employees covered under this contract will receive a 2.0 percent increase in their wages the first year of the contract, a 2.0 percent increase in the second year of the contract, and a 2.0 percent increase in the third year of the contract. Wage Scale showing Hourly Rate for Employees at Job Rate and New Hires: TITLE Job Rate Effective 1/1/2011 Job Rate Effective 1/1/2012 Job Rate Effective 1/1/2013 Job Rate Effective 1/1/2014 % increase amount:1.75% 2.0% 2.0% 2.0% Technical Services Coordinator 24.41$ 24.90$ 25.40$ 25.90$ Account Clerk Typist 17.75$ 18.11$ 18.47$ 18.84$ Account Clerk Typist - hired in 1990 21.41$ 21.84$ 22.27$ 22.72$ Section 17.01 LONGEVITY Longevity payments are paid annually based on the following for the length of the contract. 10-14 Years -$350 15-19 years- $450 20-24 years - $550 25 years or more -$650 New Hires Year hired 2nd year 01/01 3rd year 01/01 4th year 01/01 Hourly rate calculation Job rate - $1.25 Job rate - $0.75 Job rate - $0.25 Job rate Page 15 of 18 3/6/2012 ARTICLE 18. - HOLIDAYS New Year's Day - January 1st Martin Luther King JR’s Birthday - Third Monday in January President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Columbus Day - Second Monday in October Veterans' Day - November 11th Thanksgiving Day - Fourth Thursday in November Day after Thanksgiving- Fourth Friday in November Christmas Day - December 25th Floating Holiday- new date specified each year There are two (2) half day holidays per year: (facility closes at noon these days) Christmas Eve December 24th New Year’s Eve December 31st If a holiday falls on a Saturday, the proceeding Friday will be taken as the holiday. If the holiday falls on a Sunday, the following Monday will be considered the holiday. Section 18.01 FLOATING HOLIDAY The floating holiday is a specific date determined by a majority vote by all the SCLIWC employees. Holiday hours are based on the employee’s regular scheduled day but not less than their regular workweek divided by 5 days. Section 18.02 HOLIDAY PAY Employees required to work on a holiday will receive holiday pay at straight time plus overtime rate for all hours worked. ARTICLE 19. - VACATION Employees shall be eligible to take paid vacation after completing the first six (6) months of employment. Vacation is earned based on a monthly accrual system. Accruals are posted on the first day of each month and are based on years of service completed as of that date. Employees must complete the full month in order to earn the vacation accrual for that month; NO prorating will be done for a partial month if an employee leaves service. VACATION SCHEDULE: less than 5 years 10 days 5 – 9 years 15 days 10 years 16 days 11 years 17 days 12 years 18 days 13 years 19 days 14 years plus 20 days Page 16 of 18 3/6/2012 VACATION SCHEDULE (For SCLIWC employees hired prior to January 1, 1993): 1 through 5 years 10 days 6 through 9 years 15 days 10 or more years 20 days SECTION 19.01 APPROVAL PROCESS Vacations must be consistent with the operational needs of the department and approved by the Department Manager. Time off request forms must be submitted to the Department Manager at least one week in advance for approval if 5 consecutive days or more are being requested. Otherwise forms must be submitted at least 24 hours in advance. SECTION 19.02 MAXIMUM The maximum vacation balance allowed is 1½ times the annual days accrued. Any amount above the maximum on the accrual date will be lost time. SECTION 19.03 VACATION BUY BACK Employees are allowed to sell back up to 40 hours of accumulated vacation time annually, provided that at least one week of vacation time in the preceding twelve months has been used. ARTICLE 20. - HEALTH INSURANCE Section 20.01 HEALTH INSURANCE COST SHARE: Employee cost share of the monthly premium is as follows: 2012 - 100% paid by Employer for full time employees 2013 - 100% paid by Employer for full time employees 2014 - $15 Individual / $35 Family per month for full time employees Section 20.02 HEALTH INSURANCE BUY BACK: Employees who elect not to take health insurance through the Employer shall receive 50% of the Employer’s annual contribution for an individual policy provided that the employee provides proof to the Employer that the employee is covered by another health insurance plan which provides health insurance coverage for the employee equal to or better than the coverage of the health insurance plan being offered by the employer at that time. The level of this benefit is prorated for part time employees. ARTICLE 21. - NEW TECHNOLOGY OR EQUIPMENT Notwithstanding any other provisions of this agreement, Employer agrees that if Employer implements new technologies, introduces new equipment, or enters into contracts relating solely to operations performed by the members of the bargaining unit, Employer will make a reasonable effort to discuss same with the union prior to such implementation, introduction, or contract execution. Such discussions shall be solely for the purpose of seeking the union’s Page 17 of 18 3/6/2012 input on the Employer's proposed actions and to identify the potential effects such actions would have on the members of the bargaining unit. This clause, however, is in no way intended to preclude Employer from proceeding with such proposed implementation, introduction, or contract execution once Employer initiates discussion, even if the Employer and union are unable to agree on steps, if any, to mitigate any significant adverse effects of such actions on the members of the bargaining unit. ARTICLE 22. - TRAINING AND TRAVEL Employer encourages employee development, within budgetary constraints. All employees are entitled to attend workshops, conferences or seminars as they relate to their position. Training and Travel Policy and Procedures shall be governed by the Personnel Manual except that for purposes of this collective bargaining agreement any unreasonable denial of training or travel shall be subject to the grievance procedure. ARTICLE 23. - OTHER BENEFITS Employees covered by this agreement shall receive the same Sick Leave, Personal Time, Bereavement Leave, Military Leave, Leave of Absence, Jury Duty, Health Insurance benefit plan, Dental Insurance, Short-term Disability, Group Life Insurance and Flexible Spending Plan benefits as non-covered, full time, hourly employees in accordance with the policies then in effect as the same may be increased, altered, or reduced by the Employer with respect to other non-covered, full time, hourly employees. Any proposed change to the policies containing these benefits apart from what is in this collective bargaining agreement will be subject to mandatory bargaining between Employer and the Union. Page 18 of 18 3/6/2012 ARTICLE 24. - TERM OF AGREEMENT This Agreement shall be effective as of the 1st day of January 2012 and shall remain in full force and effect until the 31st day of December 2014. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, at least 120 days prior to the expiration date that it desires to modify the Agreement. In witness thereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Date:________________ Date: ________________ Southern Cayuga Lake Intermunicipal United Auto Workers Local 2300 Water Commission ________________________________ _________________________________ Herbert J. Engman Catherine Valentino Commissioner, Town of Ithaca Business Representative ________________________________ _________________________________ Kate Supron Carl Feuer Commissioner, Village of Cayuga Heights Business Representative ________________________________ _________________________________ John Rueckheim Dale Barrows General Manager Shop Steward ________________________________ Judith Drake Human Resources Manager