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AGREEMENT BETWEENCOUNTY OF WESTCHESTER

ANDWESTCHESTER COUNTY CORRECTION OFFICERS

BENEVOLENT ASSOCIATION, INC.

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Table of ContentsIndexed)

Page

rbitration Discipline 41lternative Disciplinary System 4 5

isciplinary Procedure 41xclusive Procedure 41

uthorized Representative 38ereavement Leave 17ill of Rights 39alcula tion of rates of Pay ; 8

Call Back Pay 12Classification and Com pensation 6

onformity to Law 56ontinuation of Coverage in the Event of Death 25

Coverage 1

ay Care 39eath Benefits 28Definition of Work 3

efinitions 1ifferentials and Allowances 13omestic Partner Coverage . 25

Drug Testing 6ues Authorization 2ues Deductions 2

Duration 57ducation Leave 18

Emergency Sick Leave Bank 31Eligibility 31Contributions 31

ligibility of Benefits 32enewal of Application 32

mergency Sick Leave Board 31Em ployee Protection under the Law 56Em ployee Status and Rights 33

ndangerment Life Insurance Contagious Diseases 26Equal Employm ent Opportunity 33Exclusivity 2

xtended Sick Leave 17amily Sick Leave 17irst Aid Equip men t 15ormal Action 33

Grievance Procedure 34uaranteed Personal Leave and Supplemental Time 22ealth Insurance 23

Health Maintenance Organization 25olidays with Pay 16

Increments 7nsurance and Retirement 23

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nterest Arbitration 48Job Classification and Job Groups 9Job Posting and Promotions 7Job Posting Procedure 7Jury and Court Appearance 18Labor Managem ent Com mittee 14Leaves Without Pay 19Legislative Action 56Line.of.Duty, Injury or Illness 19Line-of-Duty Injury Determination 50Lockers 15Longevity 9Maintenance of Standards 56Maternity Leave 18Meal Reimbu rsement Allowance 13Meals: 1 1-7 Shift 39Mileage Allowance 13Military Leave 18Minimum C ontact Assignment 18

Negotiating Unit 1Non-Discrimination 33Notification of Overtime 11

n-Call Tim e 10Out of Title Guarantee 8Overtime 11Overtime Equalization 11Overtime Pay 11Overtime Pension Credit 12Parlung 15Personel Leave 22

Personel Records 33Post Pick 4Pregnant Employee 18Principals to A greement 57Priority of Agreement 56ProiRata Leave 21Recognition 2Regular Straight Tim e.Rate 8Remittance 2Resignation or Death 21Retirement 26

Retirement Comm ittee 30Rights of Representation Grievance Procedure) 34Safety Equipm ent 15

alary 6Seniority 6Seniority List 21

hape-Up 3Shift Assignm ents 6Shift Differential 13Show-Up Pay 8Sick Leave 1 7

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Sick Leave Buyout (Retirement) 17upplementary Time 12erm of Agreement 57ime Properly Absent 12ransportation 15

Tuition Reimbursement 9niforms and Equipm ent 15

Union Activity 38nion Meeting 38nion Status Rights 37Access Rights 37Authorized Representatives 38

eetings 38Organization Rights 37Negotiating Unit Representative 38posting and ~omrnunicat ion i g h t s 37

epresentation Rights 37Vacation with Pay (Annual Leave) 20elfare Fund 30

Workers Com pensation/Section 207-c 50Workweek and Workday 3

Appendix A

Affirmation No trike

Appendix B

Th is appendix has been intentionally om itted

Appendix C

Drug Testing

AppendixD

Notice of Recognition

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Agreement Between

County of Westchester

AndWestchester County Correction Officers Benevolent

Association Inc.January 1 2005 December 31; 2006

THIS Agreement, m ade the 6& day of October 2006, by an d between the County of Westchester, amunicipal corporation of the State of New York, and with o fficesin the County O fi ce Building,148Martin e Avenue, W t ePlains, New York, hereinafter designated as the County7' and the W estchesterCounty Co rrection Officers Benevolent Association, O rganizedND EXSISTINGUNDER THELAWS O F THE STATE OF NEW YORK,HEREIN FTER DESIGNATED AS THE 'UNION'.

Article 1

The Agreement

Section 1 Definitions

Definition s as used herein, the follow ing terms shall have these meanings.

County means the County of Westchester

Union means Westchester County Correction Officers Benevolent Association Inc.

Employee mean s a person included in the negotiating unit defined in Section 2 below.

Department mean s Westchester County Department of Correction.

Section 2 Negotiating Unit and Coverage

Negotiating Unit

The County Em ployee negotiating unit in accordance with the Civil Service Law and Act nu mber841967 of the Board of Supervisors of Westchester County as amended to which the ~ ~ r e e m e n tppliesconsists of C orrection Officer Title, exclu ding Correction Officer Sergeant, Correction Officer CaptainCorrection Officer Specialist and all o ther titles.

Coverage

The tenns and cond itions of the Agreement are applicable to all Correction Officers, herein reffered toas 'LEmployees .

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Article I1

Recognition and Dues Deductions

Section 1 Recognition

The County recognizes the Union as the sole and exclusive collective bargainingrepresentative for the employees in the Negotiating Unit.

Section 2 Dues DeductionsIAgency Shop

A Authorization

1 .Subject o reasonable procedural requirements, the County will honor, during theireffective period, individual assignments signed by employees authorizing deductionsof membership dues andlor insurance premiums of the Union.

2. All employees, as defined by Article I, not desiring membership in the Union shall berequired as a condition of employment to have deducted from their salaries a servicecharge for the administration of this Agreement.

3 The service charge for the Employees shall be the amount equivalent to the amount ofannual dues payable by a member of the Union.

B Remittance

Dues and service charges will be deducted after each payroll period and will be remitted tothe Union at least on a monthly basis.

C Exclusivity

Dues deduction requests in favor of any Employee Organization other than the WestchesterCounty Correction Officers Benevolent Association, Inc. will not be honored for theemployees covered by this agreement.

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Article 111

Work Workweek Workdav

A. General

1. The present work schedule shall be continued.

B S h a p e U p

1. Employees shall be present for duty five (5) minutes prior to the start of their tour of dutyto receive their assignments and instructions. Such shape up time shall be at no cost tothe County and shall not be considered as part of the hours worked, the workweek, orworkday for the calculation of any contractual benefit.

C. Definition o Work

Hours Worked , in general, includes all the time an employee is required to be on duty or on the

County premises or at a prescribed workplace, and all time during which the employee issuffered or permitted to. work for the County, such as; County directed travel; Attendance atCounty directed training programs; adjusting grievances; clothes changing where required;wash-up time where required and other work as prescribed by the provisions of the U.S. FairLabor Standards Act.

Where an issue arises the U.S. Fair Labor Standards Act tests will.apply.

1. For payroll calculations purposes, the workweek shall be from Monday one minute aftertwelve (12:Ol A.M.), to the following Sunday, midnight (12:OO).

2. Except in emergency, Employees on a rotating schedule shall be given at least twentyfour (24) hours notice of a change in their working schedule.

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E. Post Pick

There shall be established a post-pick procedure within the Westchester County Department ofCorrection that shall incorporate the following;

A A correction officer qualifies for post-biddmg after completing four years and one day'sservice with the Westchester County Department of Correction.

B. All posts assigned to Correction Officers, except in the Special Investigations Unit andthe Recruitment Unit (as those units were constituted prior to January 1, 1992); theYoung Offenders Program if such unit is established (limited to a maximum of four (4)posts two (2) on the 7-3 shift, two (2) on the 3-1 1 shift); The Emergency Response Team(limited to a maximum of twelve (12) posts in any twenty-four (24) hour period, six (6)on the 7-3 shift and six (6) on the 3-1 1 sh ft ; and except those designated as temporaryshall be open to bid. However, the Department in its sole and exclusive discretion may

limit posts to a particular sex.

C. A temporary post shall be one where the reasonable expectation at the time of assignmentis that the post will exist for one (1) month or less. If a temporary post exists for moreth n one (1) bid meeting it shall be bid upon at the next bid meeting.

D. When posts are bid, the most senior employee wishing to exercise hisher right shall firstselect a post, followed in descending seniority order by other quali@ing correctionofficers.

E. Once a post is filled, it may not be bid again until it is permanently vacated. A post ispermanently vacated when (i) the correction officer voluntarily relinquishes the post

in writing; (ii) the correction officer bids and obtains a new post; (iii) the correctionofficer dies; (iv) the correction officer retires; (v) the correction officer is promoted tosergeant; or (vi) the correction oflicer is removed for just cause pursuant to paragraph j ofthis Article 3.

F. When a post is temporarily vacated, it need not be filled by the bid process.

G. When a post is permanently vacated, it will be open for bid at the next regularlyscheduled bid meeting, and it may be filled in the interim by the pool of non-bidcorrection officers.

H. Bid meetings will be held two (2) times per year, once every six 6) months.

I. When an officer bids for a post, the Westchester County Department of Correctionmust give the employee a reasonable amount of training, if required, so that the officerhas a reasonable opportunity to attempt to perform the assignment in an adequate manner.

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J Once assigned and trained for a post, a correction officer shall be involuntarily removedfrom such post only for just cause, subject to the collective bargaining grievanceprocedure. The cost of arbitration, to be borne by both parties, is subject to the provisionsof Article XV paragraph 20) of this agreement.

K. Westchester County Department of Correction reserves the right to create and abolishposts. If a post is abolished, the officer who was permanently assigned to it shall retainrights of recall if that post, or a functionally equivalent post, is recreated within a periodof one (1) year from the date of the post s abolition. However, it is agreed between the

parties that this clause shall not be applicable to the Emergency Response Team exemptfiom post-pick in paragraph b. Thus, even if an ofi cer post-picked a functionallyequivalent post to the Emergency Response Team and that post is abolished, said officerhas no right to post-pick the Emergency Response Team. The officer shall also have theright, subject to the rule of seniority set forth in paragraph (d) above, to bid for a new postat the next bid meeting.

If a post bid correction officer is involuntarily removed fiom h s h e r post due toelimination or abolition of the post, said officer shall have the following rights;

1. Said officer shall mandatorily have the right to bid immediately for any

post available at the commencement of the bid session, not encumberedby a post-bid officer or not designated or bid by an officer whose bid hasbeen submitted to the Department for approval, if a bid of first timeeligible correction officers is occurring

2. If a re-bid session is occurring, rather than bid immediately, said officermandatorily must bid according to h s h e r seniority, but shall be placedon the re-bid list immehately pursuant to hi she r seniority ranlung. Saidofficer shall have the right to bid for any post available at thecommencement of the re-bid session, not encumbered by a post-bid officeror not designated or bid by n officer whose bid has been submitted to theDepartment for approval.

3. If a post is abolished and no bid session is occurring, the officer must waituntil the next scheduled bid or re-bid session to bid. During the interim,said oEcer will be given hisher choice of all non-encumbered posts ornon-submitted to the Department for approval posts, on a temporary basis

L. If the Department decides, based on prior work history, that a specific correction officershould not be given the specified post selected by that employee, such decision is subjectto the appropriate grievance procedure, and the cost of arbitration is subject to theprovisions of Article XV paragraph 2 j )of this agreement.

M. In the event a bona fide emergency is declared by the Westchester County Executive, allPost bidding shall be stayed for the duration of the bona fide emergency.

N. Each individual officer at hisher exclusive option may bid a specific shift, squad anddivision rather than a specific shift, squad, and post. The Department of Correction reservesthe right to mandate the maximum number of officers assigned to a specific shift, squad anddivision,. In the event the number of officers reporting to their assignments exceeds the staffmaximum, the department may transfer between divisions, on a temporary daily basis, basedexclusively on seniority, utilizing non-post bid officers first.

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F Seniority

Correction Officers seniority will be based on length of service with the Department.

G Shift ssignments

When a s hft opening exists, volunteers shall be considered for utilizationprior to an involuntary transfer. Any dispute arising under this provision shallbe brought to the Commissioner. The Commissioner shall have two (2)weeks to make a decision. The Commissioner s decision is final.

Article V

Compensation

Section Classification and Com pensation

A Salary The salary for correction officers shall be as follows:

Effective Effective

Starting Salary 44,664 46,562

Step 1 51,413 53,598

Step 2 56,438 58,837

Step 3 61,930 64,562

Any employee on payroll (active or inactive) as of October 6,2006 qualifies for retroactivity.Persons not on payroll on October 6,2006 qualify for retroactivity if, during the contract periodThey died, were promoted out of the unit, retired, andlor resigned from the Department ofCorrection but remained a County of Westchester employee as of October 6,2006

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BJob Posting and Promotions

1. All job and promotional opportunities shall be posted conspicuously on designatedbulletin boards readily accessible to all employees in the Department prior to theexamination or filling of the positions to allow employees currently employed toapply for same.

2 n the absence of an eligible list for a position within the bargaining unit, the appointingAuthority shall first consider the qualifications of applicants who are currently employedby the County before considering applicants from outside the County service.

3 When promotional and/or provisional examinations for advancement opportunities withinThe employees occupational class is scheduled during worlung hours, the employees willbe granted release time for such examinations.

C Job Posting Procedure

1 rocedure

The posting of job opportunities will remain displayed for the full ten (10) days from thedate of the initial posting.

2osting

A. The Commissioner or his representative, will post, in conspicuous places, anannouncement of the vacancy, including a brief description of the duties, therequired qualifications, and a contact person to whom resumes or applicationsshould.be referred.

b. After ten (10) days, resumes or applications received will be reviewed by theappointing Officer.

c. If the appointing officer does not choose one of the above initial applicants,Helshe will request a posting of the vacancy, for five (5) days. The posting willremain displayed for an additional five (5) days.

D Increments

1. Increments shall be due an employee subject to the provisions of this subdivision on thequarter following the employees anniversary date of hire by the Department. For thepurpose of increments the yearly quarters are January 1, April 1, July 1, and October 1.

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2. Increments are in no sense automatic, nor are they to be considered as earned due topassage of time. (Longevity increases based on years of service are not considered

increments.)

3. Increments referred to above are subject to the approval of the D epartment Head. S uchApproval may not be unreasonably withheld. Any denial ofn increment must besupported by written docum entation dealing solely with the employee s performance orattendance or conduct or a com bination of these factors and must be comm unicated to theemployee in writing at least thirty (30) days prior to the increment due date.

4 The denial of an increment is subject to the grievance procedure starting at Step 2.

Section Show Up Pay

When an employee reports for work as scheduled and work is not available through no fault of theemployee, said employee shall be paid for the day at the applicable rate of pay.

Section 3 Out Of Title Gu arantee

1. When an em ployee is directed to perform substantial duties of a h ghe r classification notComm on to the employee s classification on a regular basis for more than fifteen (15)consecutive work days, said employee shall be paid at least the lowest rate currently paidin such htgher classification for the duration of said assignment, which shall not be lowerthan the employee s current rate, retroactive to the firs t day of such assignment.

2. Employees directed to perform the duties of a lower classification with no change in theirJob title shall not have their rate ofpay reduced because of such assignment.

Section Calculation of Rate of Pa y

egular straight Time Pay

For the purpose of payroll computation and payment of an employee s annual salary, a regular rate ofpay consisting of a straight time (hourly) regular rate shall be calculated by dividing the annual salary bythe num ber of working days in that particular year than re-dividing this figure by the num ber of workinghours in the day.

All employees are considered to be working a thirty ive (35) hour work week .

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Section 5 Job classification and Job Groups.

The Union shall receive copies of all new titles and specifications andor updating of the titles andspecifications that are to be used within the Department. The union shall also be furnished with a copyof any request to Civil Service for an examination effecting members of the Westchester CountyDepartment of Correction.

Section 6 Longevity.

ny employee on the payroll (active or inactive) as of October 6,2006 qualifies for the retroactivity.Persons not on the payroll on October 6,2006 qualify for retroactivity if, during the contract period, theydied, were promoted out of the unit, retired, andor resigned from the Department of Correction butremained a County of Westchester employee as of October 6,2006.

Effective January 1 ,200 5:

Employees shall receive longevity compensation in accordance with the provisions of thissection and without deviation.

1. After five (5) years of continuous County service, paid at the annual rate of twothousand five hundred ( 2,500.00) dollars.

2 After ten (10) years of continuous County service, paid at the annual rate of twothousand seven hundred ( 2,700.00) dollars.

3 After fifteen (1 5) years of continuous County service, paid at the annual rate oftwo thousand nine hundred ( 2,900.00) dollars.

After twenty (20) years of continuous County service, paid at the annual rate ofthree thousand one hundred ( 3,100.00) dollars.

Effective January 1 ,20 06 :

1 After five (5) years of continuous County service, paid at the annual rate of twothousand seven hundred ( 2,700.00) dollars.

2 After ten (10) years of continuous County service, paid at the annual rate of twothousand nine hundred ( 2,900.00) dollars.

3 After fifteen (15) years of continuous County service, paid at the annual rate ofthree thousand one hundred ( 3,100.00) dollars.

After twenty (20) years of continuous County service, paid at the annual rate ofthree thousand three hundred ( 3,300.00) dollars.

9)

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A After having completed the required amount of continuous County service, em ployeesare eligible for the longevity payments comm encing the first (lS t)pay period following theanniversary date of h ire.

B. Longevity payments shall be made by a lump sum paymentyyn the first (1'') pay period inDecember of each year of eligibility. At any step during the f ~ s t1 ) year of eligibility, and theYear of termination, the lump sum payment shall be prorated.

C. Continuous service is not interrupted by the following:

i) Ordered Military Leav e

(ii) Authorized leaves of absen ces

(iii) Termination of emp loyment followed by a reinstatement or reh iring within one1)year.

D. Such time off, except as provided by M ilitary Law, shall be deducted from County service,

E. Longevity credits begin on the date of hire as a County Employee

Section 7- On Call Time

For the purpose of the Agreement, On Call T ime is time thatan employee is not actually on duty but h asbeen directed to be continuously available by f irrush ing the supervisor a place where the employee canbe reached.

1. n employee who is orde red to be On Call shall be paid at the applicable hourly rate of:

a. Two (2) hours for every eight (8) hours time on the weekd ays.

b. Three 3) hours for every eight (8) hours time on weekends, beginning Saturday,one minute after twelve (12:O l) a.m., to Monday, one minu te after twelve (12:Ol)a.m. and on holidays.

c. Com pensation for On Call Tim e shall be pro-rated, but not less that one-half (1/2)hour for each co ntinuous period of On Call time.

2. Except as may be provided by law, On Call Time will not be included in the computationof overtime.

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Section 8- O vertime

A. Overtime Defined

Overtime is time worked in any workweek over and above the hours worked in an employee sbasic workweek, or at a time previously scheduled as a holiday.

Overtime Equalization

The Department will endeavor to equalize overtime over at least three 3) month intervals as faras practical, by skill, classification, and shift, within a supervisory unit of a Department. Forpurposes of this clause, an employee who requests to be excused and is excused by thesupervisor from working available overtime shall be considered to have worked such overtimefor the purpose of equalization.

C Overtime Pay

1. When paid overtime is required, and directed, it shall be paid at the following rates;

a. Hours worked above the basic workweek shall be paid at the employee s regularstraight rate for the first five (5) hours worked within a workweek in addition totheir regular schedule, and at a rate of time and one-half (1-1/2) for hours workedabove five 5) in addition to regular schedule within the same workweek;

b. Overtime computation for employees paid on a bi-weekly pay basis shall becomputed for each workweek in the pay period;

c. At the sole option of the employee, such overtime shall be payable in either cashor supplemental time.

D. Notification of Overtime

Employees who are to be held over on overtime shall be given, except when not practical, atleast half l/2) an hour prior notice and afforded an opportunity to notify their family that theyare working n overtime shift.

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2 Supplementary Time

a. All supplementary time sh all be accrued at the rate earned.

b, All supplementary time accrued within a calander quarter must be used prior to th e end othe next calendar quarter. Any supplementary time n ot used w ithin the p rescribed periodas specified, will be paid off in cash a t the employee s applicable rate. Ho wev er, at theemployee s sole and exclu sive option, the employee may conv ert supplementary time tosick time on an hour for hour basis.

c. Should a certified supplementary time balance remain at the time of an emp loyee s deathresignation, or termination, such time will be paid at the em ployee s than applicableregular straight time or overtim e rate to either the employee or the emp loyee s

beneficiary or estate as th e case may be.3 An em ployee s regular starting or qu itting time will not be changed on a day o n w hich extra

work hours are assigned in order to avoid ov ertime pay.A change in shift or wo rkweek within aworkweek may not be used to deprive an employee of overtime pay that wo uld otherw ise havebeen earned in such workweek.

Pension Credits

n conformity with the provisions of the New Y ork State Retirement System (to the ex tentpermitted), the amount received as overtime com pensation under the Artricle and all otherregulations shall be regarded as salary or compensation for any purpose o f any pension orretirement system.

Time Properly bsent

n computing time worked all paid time properly absent for legal holidays, sick leave, personalLeave, and supplementary time off shall be included as the equivalent of time w orked.

Call Back Pay

Except for pre-scheduled work and/or em ergency work imm ediately prior to or after theEmployee s normal work day, employee s-dlrected to and w ho report for work before or afterThe employee s normal work day, or on the em ployee s scheduled day off shall be paid in cashFor the actual hours worked with a minimu m o f four (4) hours pay at the applicable rate.

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Section 9 Differentials and Allowances:

A Shift Differential

Effective January 1,2005 all employees who have a regular starting time of 1 pm or later, orhave a regular quitting time of 12 o'clock noon or earlier, shall receive additional compensationof 115.00 dollars per week while regularly working such second and third shift hours

Effective January 1,2006 all employees who have a regular starting time of 1:00 pm or later orhave a regular quitting time of 12 o'clock noon or earlier, shall receive adl tional compensationof 120.00 dollars per week while regularly working such second and third shift hours. Toqualify for retroactivity payment of differential, an officer must be on the payroll (active orinactive) on or after January 1,2005.

When an Employee is regularly assigned to a shift requiring the differential, and takes authorizedpaid time off, the differential will continue to be paid, if the time off is taken during the period oftime which the employee is assigned to such shift.

Employees shall receive shift lfferential for working a full qualifying shift on overtime.

Mi1eap;e Allowance

Employees will be reimbursed at the rate of h r t y four an one half (34.5) cents per mile when aprivate car is used, with prior county authorization, on county business. This reimbursement rateshall be increased if additional reimbursement is provided to other county employees.

Employees who regularly use private cars on county business shall conformwith requirements submitted through the Director of Risk Management.Regular use shall be defined as five (5) days or more within a month.

C Meals Reimbursement/Allowances

The meal schedule specified in the County Travel Policy Rules and Regulations shall be inaccordance with the following or' general County rate, whichever is higher.

Without Receipt With Receipt With Receipt

( llowance ) ( Reimbursement ) Out of County )

Breakfeast 3.00Lunch 5.00Dinner 7.00

When traveling out-of-County on official business, employees shall be reimbursed for mealspursuant to the County travel and meal policy promulgated by the Finance Commissioner ofWestchester County during the year 1986.

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rticle V

Labor Management ommittee

The County and the Union, having recognized that cooperation betweenmanagement and employees is indspensable to the accomplishment of sound andharmonious labor relations, shalljointly maintain an support a labormanagement committee.

The labor management committee shall consider subjects of mutual concern affecting CorrectionDepartment employees and the Department. Matters not subject to the grievance procedure shallbe appropriate items for consideration by the committee.

The labor management committee shall consist of ten 10) members who shall serve for theterm of this agreement. The union shall designate five 5) members and the Commissioner shalldesignate five 5 ) members. Vacancies shall be filled by the appointing party for the balance ofthe term served. Each member may designate one alternate. The committee shall select achairman from among its members at each meeting. The chairmanship of the committee shall

alternate between the member s designated by the Commissioner and the members designated bythe union. quorum shall consist of a majority of the total membership of the committee. Thecommittee shall make its recommendations to the Commissioner, and the Union in writing.

The labor management committee shall meet at least monthly at times mutually agreeable to bothparties. At least one week in advance of a meeting, the parties shall exchange a written agenda ofmatters to be discussed. Minutes shall be kept and copies supplied to all members of thecommittee.

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Article V

Safety Health Equipment an Facilities

Section Uniforms and Equipment

A First Aid Equipment

First aid equipment as specified by the County Commissioner of Health will be made availablefor employees.

B Lockers

Lockers will be provided at permanent work sites, secure fiom the prison population. TheCounty agrees to the placement of a trailer equipped with sixty 60) lockers, a full bathroomand kitchen to be used by employees assigned to the Women's Unit, These lockers shall be -'large enough to store departmental Stetson hat, jacket, shirt and pants.

C. Special Safety equipment required by the Director of Risk Management will be supplied

without cost to the employees.

D. Uniforms and Equipment

Where the County requires employees to wear distinctive uniforms or special protectiveclothing, such clothing and equipment will be fb ushed in reasonable quantities as determinedby the Commissioner of Correction without cost to the employee, including reasonable periodiccleaning.

1. The County will provide each member of COBA with a one-hundred ( 100.00) dollar equipmentallowance to be paid on the fifth pay period of each year.

Section 2 Parking

The County shall provide adequate and fiee parhng at the work site.

Section 3 Transportation

Employees who, as a result of severe weather conditions, are transported fiom their homes or fiompublic transportation to the work site by the County shall, if the employee so requests be provided withthe return transportation to where they had been picked up.

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rticle VII

olidays With Pay

1. The Following days shall be considered Holidays wit Pay;

New Years Days Martin Luther King, Jr s Birthday Washington s Birthday

Lincoln s Birthday Memorial Day Jidependence Day

Labor Day Columbus Day Election Day

Veteran s Day Thanksgiving Day Christmas Day

2 Where any of the foregoing holidays fall on a Saturday, the County will designate the employeesalternate day off wit pay. Holidays failing on Sunday will continue to be observed on Monday.

3 All employees required to work on any of the above listed holidays, not the in lieu of duty, willnot receive the regular day s pay; rather, the employee(s) will be paid at the rate of time and

one-half for the hours worked on that day and granted an additional day off (hour for hour)

4. Additional days off with pay shall be granted for the time earned due to worlung on holidaysandlor for holidays falling on an employee s scheduled day off. Holiday time balances shouldbe kept separate from any other time bank. Said balances must be used prior to the end of thenext calendar quarter:If this balance is not used within the prescribed period, it will be paid offin cash at the employee s then applicable regular straight time rate.

5 Once approved, holiday time may not be cancelled by the Department within forty-eight (48)hours of the time it is to be taken, unless a bona fide emergency exists.

6 Should any additional holiday balances remain at the time of an employee s death, resignationor termination, such time will be paid at the employee s then applicable straight time rate eitherto the employee or the employee s beneficiary or estate as the case may be.

7. The practice of scheduling holidays as annual leave is to be continued with members having theoption of floating seven (7) holidays for individual use.

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Section Sick Leave

1. All newly hired employees will be credited with five (5) sick days on the employee's first (1'')day o f service. After the employee completes five (5) full calendar months (each of whichbegins on the first (lSt) of the month, the employee will, thereafter, be credited with sick leave atthe rate of one (1) day per completed month.

2. All current employees will be credited with sick leave at the rate of one (1) day per completedcalendar month. Earned sick leave not taken in any calendar year will be accumulated. Sickleave is defined as absences fiom duty because of illness; pregnancy; child birth; injury;quarantine resulting from exposure to contagious disease; family illness and bereavement leaveThe Department Head or Personel Officer may require such substantiation of sick leave asdeemed necessary.

3 Sick leave credits may not be earned while on leave without pay, on military leave of overthirty (30) days, or on extended sick leave.

4. Effective October 18,2004, all unused accumulated sick leave shall be compensated uponretirement at fifty percent (50 ) of the first one-hundred and twenty five (125) days andsixty percent (60 ) of the days one hundred and twenty six (126) through two hundred andfifty (250), times the daily rate of pay at the time of retirement. No employee shall receivethis benefit who has less than fifty (50) days of accumulated sick leave at the time ofretirement. This payout shall not apply to any accumulation of above two hundred and fifty(250) days.

Section 3 Family Sick Leave

Any Available accumulated leave balances may be usedfor illness in the family

Section Bereavement Leave

Correction Officers shall be entitled to five (5) days bereavement leave, to be used for the death in thefamily, the family of a domestic partner, or for the death of a domestic partner per incident.Bereavement leave is independent of ll other accumulated balances. At the conclusion of bereavementleave, a correction officer is entitled to use any other available accumulated leave balances and to utilizesick leave if certified by a doctor.

Family shall be defined to include spouse, father and mothe, fathers and mothers in law, children,brothers and sisters of either spouse or domestic partner, grandparents of either spouse or domesticpartner, son in law, daughter in law, grandchildren and any other relative who resides in the householdof an employee. Family shall also be defined to include domestic partner s that term is defined inaccordance with the NYSHIf (Empire Plan as administered by the State of New York).

Section Extended Sick Leave

Employees who have exhausted their regular sick leave, vacation and any other time credits may begranted extended sick leave upon recommendation of the Department Head and the approval of thePersonel Officer at one-half (112) pay for a period not to exceed one (1) bi-weekly pay period for eachcomplete year of service Any extended sick leave previously granted, shall be chargeable against theallowance provided in t h s section.

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Section Maternity Leave

A. Pregnan t Employee

A Pregnant employee shall be allowed to perform the duties of her job, as long as she ismedically able, except where physical disability may endanger the employee or constitute aliability in the performance of her duties. Pregnant employees are not required to report theexistence of pregnancy to the County.

A pregnant employee, upon filling appropriate medical evidence that she is unable to performthe duties of her position due to this pregnancy, shall be permitted to use any annual leave.Personal leave, supplementary time, holiday leave and sick leave for the period of her disabilityand shall be eligible for extended sick leave.

m l e on maternity leave, the employee may continue to use any or all leave she has theretoforeaccumulated.

Upon her request to the County, the employee shall be granted a leave of absence without pay fora m ximum period of seven 7) months. Such leave may be extended, upon recommendation ofthe Department Head, up to a maximum of two 2) years. Said leave of absence without payshall be in addition to the above leave with pay benefits.

B. Minimum Contact Assignmen t

Pregnant employees; upon request and certifications to their pregnancy by aphysician, shall havethe option of being transferred to a post where is minimum contact with the inmate population.

It is agreed that if a pregnant employee requests a minimum contact assignments, suchemployee may replace, for the duration of such minimum contact period, an employeenormally assigned to that post andlor assigned within that Division.

Section 7 Jury and Cou rt Appearance Leave

n employee required to serve as a juror or to appear in court pursuant to subpoena or court order,except when personal interest of the employee is involved, shall be granted a leave with pay for such

required attendance, provided that any fees received for such attendance shall be paid to the County.

Section 8 M ilitary Leave

n employee who is required to render ordered Military duty shall be granted a leave of absence sauthorized by State Law.

Section Educa tion Leav e

The present County program for education leave shall be continued for the life of the Agreement;including career training program.

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Section 1 Leave Without Pay

1. Any employee who for any reason desires to secure a leave of absence - om employm ent dutiesmay apply for such leave. The Department Head may approve or disapprove this request forany reason. The approval or denial of such leave of absence without pay shall be i n written formsigned by the Department Head and the em ployee affected.

2. When a leave of absence without pay for a period of one (1) year or as extended by th e PersoneOfficer has been granted, a further leave of absence without pay shall not be granted unless theemployee returns to this position and serves continuously therein for a period of three (3)

months immediately preceding the subsequent leave of absence without pay.

3. Absences for more than thirty (30) continuous days under this Section may cause adjustmentsin time for considering increments.

4 Failure of an employee to retum on the date of the expiration of any leave of absence withoutpay, or any authorized extension therof, shall be deemed a resignation from se rvice upon th e datsuch leave of absence without pay commenced.

5 (Education) Any employee who leaves the County service to pursue an educational programat the employee's own expense, upon retum to the County service may be paid the appropriatescale step and hold the same anniversary date for increment purposes as if the employee hadnot left County service, provided that the course of instruction is considered beneficial to theduties of the employee's position in County service, and the employee has not had full imeemployement outside of County service during the period of absence, between semestersexcepted.

6 Vaca tion, Personal and S ick Leave c redits may not be earned while absent for mo re than thirty(30) days under the provisions of t h s Section.

Section 11 Line of Duty Injury or Illness

A. It is ag e e d that employees shall be covered by all of the rights, benefits and obligations ofSection 207C of the General Municipal Law (S ee ArticleXX

B An employee seriously injured or who becomes se riously ill while on duty who req uires medicatreatment at an emergency room shall be accompan ied to the emergency room by anotheremployee.

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Article VIII

Vacation With Pay

Section 1 Vacation With Pay Annual Leave)

A Annual Leave will be granted s follows;

1. n Employee who is employed prior to April 1 will be entitled to one (1) week five (5)days vacation after six (6) months of service.

2. On January 1 an employee who has had less than one (1) year of service will be entitledto two (2) weeks ten (10) days vacation after six (6) months of service.

3. On January I , an employee who has more tan one (1) year of service will be entitled tothree (3) weeks fifteen (15) days vacation.

4. n employee who has more than ten (10) years of service, or during that year will attainthe eleventh (1 l'h) anniversary of service, will be entitled to one (1) additional day ofvacation for each year of service to a maximum of four (4) weeks twenty (20) daysvacation as follows;

Years Vacation Days

Attains eleventh (1 l'h) year 1 6 DaysAttains twelfth ( 1 2 ~ ) ear 17 DaysAttains hr teen th (13 year 8 DaysAttains Fourteenth (14') year 19 DaysAttains Fifteenth (1 5'h) year - 20 Days

5 Annual Leave is to be used in the year in which it is earned, except that with the approvalof the Department Head and Personnel Officer, annual leave earned in one (1) year maybe used in the second (2dn) year, but no more than two (2) years of annual leave may be

used in any one (1) year.

6. Notwithstanding any of the above, an employee can cany over into each subsequent yeara maximum of ten (10) days unused vacation.

7. The County, may, at its discretion, offer to buy back vacation time. However, the offermust be made to all correction officers on the same terms and conditions. The officer mayaccept or reject the offer at the officer's sole and exclusive option.

8. In the calculating of the time allowed for vacation, intervening holidays shall not beconsidered vacation days.

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9. For the purpose of vacation time due an employee, seniority shall be based on length of

service wit the County.

10. For the purposes of vacation pick, seniority shall be based on length of service with thedepartment. For employees hired prior to January 1 1981 seniority for vacation shall bebased on length of employment with the County.

11. Vacations shall commence immediately following the members normal off-duty days.

12. Annual Leave is to taken with departmental approval so as not to interfere with theoperations of the Department. Such approval shall not be rescinded unless a bona fideEmergency exists.

13. In addition to any other provision of this contract, Annual Leave may be used for familyillness.

14. Employees returning to work from a job injury shall be treated no less well than a newlyhred employee with regard to vacation entitlement, except that the six (6) month waitingperiod does not apply.

Seniority List

The Commissioner shall maintain a se--ority list of Correction Officers based on length ofservice with the County, date of employment with the Department and tinie in rank; andshall, on a quarterly basis, forward a copy to the same to the Union.

C. Pro Rata Leave

Appropriate reductions will be made in the annual leave cre&t on a pro-rata basis for absences ofmore than thirty (30) continuous colander days under the provisions of Article VIII Leavesextended Leave Without Pay, Military Leave, and periods outside County service.

D. Resignation or Death

Should an annual leave balance (vacation with pay) remain at the time of an employee's death,resignation in good standing or termination without cause, said time will be paid at theemployee's then applicable regular straight time rate, either to the employee or the employee'sbeneficiary or estate; as the case may be. Unused annual leave does not include time accruingtoward the subsequent year's leave.

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rticle IX

Section Personal Leav e

1. Personal Leave is leave with pay for personal reasons. It may be used in conjunction withAnnual Leave in the current year. It is to be taken with departmental approval, so as notto interfere with the proper operations of the Department. Once approved, Personal Leavemay not be cance lled by the Department within forty-eight (48) hours of the tim e it is tobe taken, unless a bona fide emergency exists. Personal Leave shall not be unreasonably

denied.

2. All employees will be credited with five (5) days of Personal Leave on January 1 ofEach year, except that new em ployees must complete six(6) months of service prior tousing the days. Employees lure prior to rill^ will be credited with two and one-half(2112) days of personal leave after six(6) months of service for use in their first colanderyear.

3. On Decem ber 31 of each year, unused Personal Leave shall, at the employee's option,be credited to sick leave or to annual leave to be taken in the following calendar year.

If credited to vacation, h s ime will be in a d lt io n to the vacation carryover provisionof Article VIII, Section 1-A 4)

Section Guaranteed Personal Leav e and Supp lemental Time

If requested by an employee pursuant to existing procedure, the Departm ent of Correction must approveeither Personal Leave andlor Supplemental Time requests of at least 8.33% of the particular uni t's workforce. The percentage shall be calculated separately for each shif t, and shall then rounded to the nearestwhole number, except that if the nearest whole number is zero, then it must be rounded to one. The

parties agree that this provision is mandatory, other than in times of a bona fide emergency, as declaredby the Westchester County Executive. The number of officers working in a unit shall be those officersassigned to that unit and that shift on the 15&of each month, except if the 15& a lls on a Saturday,Sunday or a Holiday, the next regular business day will be utilized. Units shall be determ ined by mutualagreement. Further, it is agreed that the Union will submit a list of Ten (10) particular days per year onwhich the number as outlined above will always be rounded to the next h ighest integer (i.e., thepercentage will be first rounded upward to a whole number, and the number one will then be added toit).

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rticle X

Insurances and Retirement

The County will, subject to any other provisions of this Article, continue to provide Health Insuranceand retirement programs and options and will, except as modified below, pay the total cost ofemployees, their dependents, and retires premiums for such programs, providing such programs andoptions remain available.

Section 1 nsurance

A. Health Insurance

1 The current health insurance plan shall remain in effect for the duration of the contract.

2. Effective December 3 1,2006 the health insurance plan shall be modified as follows;

Co. Payments

Drug Prescription Plan:

5.00 generic, 10.00 brand name, 25.00 non-favored brand name.

All 90 day mail order prescriptions shall be subject to one (1) co-payment. All pharmacyco-payments are subject to one (1) co-payment for each thirty (30) day supply.

PPO Co-Payments

16.00 dollars

Mandatory Generic Drum

When a drug is available and an employee purchases a brand name drug, the employee shall beresponsible for the generic co-pay and the difference in price between the generic and the brandname drug.

However, if the employee's doctor determines that because of a medical necessity, a brand namedrug must be prescribed when there is a generic equivalent available, said doctor must contactthe designated representative of POMCO for approval

If approval is granted, then the employee shall only pay the brand name co-payment.

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Notwithstanding the foregoing, the County will consider the following drugs for mandatorygeneric exemption whereby approval is not needed, with a final determination to be made byPOMCO

1 Courna&n 2. Dilantin 3. Lanoxin

4 Levothroid 5. Mysoline 6 Premarin

7 Synthroid 8. Tegretol 9 Slobid

Physical Therapy and Chiropractic

All Chiropractic andlor physical therapy sessions shall be limited to 3 1 visits per year.

Deductibles for out of network providers

Individuals 300.00Family 900.00Out of Pocket Maximum 1,500.00

All out of network providers shall be subject to the usual and customary limitations currentlyin effect for all participating providers.

Emergency Room co-payment 3 5.00(if admitted co-payment waived)

Physical Therapy co-payment 15.00

3. All correction officer employees who retire after September 1,2000 who are eligible for healthbenefits into retirement shall not be required to pay any of the difference between the cost offamily and individual health benefit coverage.

4 All correction officer employees who retire after September 1,2000 who are eligible for healthbenefits and who marry after retirement, who qualify for domestic partner coverage, shall

receive family health benefit coverage at no cost

5 Effective the first date of the month following the passage of the agreement by the WestchesterCounty Board of Legislators, the health insurance provided by the County shall be equivalentto the Empire Plan of the State of New York as of 12130190 provided to C.S.E.A., theWestchester County Police Department and the Management Confidential employeesof Westchester County.

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6 For the purpose of this contract, the terms family or Family member shall be usedInterchangeably with the term domestic partner

During 1995, when the changeover of benefit schedules from the current health insuranceplan to the Empire Plan takes place, qualification for the meeting of deductibles,co-payments, benefit eligibility and other experiences under the current health insuranceplan for the year shall be credited toward the deductible, co-payment, benefit eligibilityand other experiences under the new health insurance plan for the year.

Regardless of the effective date of the new plan, however, all claims whch had been submittedfor payment or for pre-approval prior to the change over shall be considered and determinedunder the provisions of the current health plan. Within from the date of this contractall correction officers will be provided with a description of the coverage's and exclusionsapplicable to the new health insurance.

7 The surviving dependents of a member who dies in the line of duty or a deceased retiredmember, shall continue to receive healthcare coverage and welfare fund contributions, atno cost.

B ontinuation of overage in the Even t of Dea th

The Spouse and dependents of a bargaining unit member who dies with at least fourteen (14)years of County service shall continue to be covered under the health insurance plan.

C.. Health Maintenance Organ ization

1. The County will make payments to any Health Maintenance Organization offered toemployees at a rate equivalent to the premium rate for the County Plan. Memberschoosing this health insurance plan will be obligated to pay to the plan the premiumdifference, if any, between the County's contribution and the total cost of the offeredHealth Maintenance Organization premium on a monthly basis. In no event will theCounty be required to make a payment greater than the total payment required by theHealth Maintenance Organization. Employees on the payroll prior to January 1, 1982,shall be required to pay the premium rate difference between the H.M.O. rate, and therate of premium of the County Health Insurance Plan.

2 For H.I.P. Enrollees as of May 977 who subsequently switch to a Health MaintenanceOrganization, the County will continue to make payments to the Health MaintenanceOrganization, at the premium rate equivalent to the premium rate of H.I.P. In no eventWill the County be required to make a contribution greater than the total contributionRequired by the Health Maintenance Organization.

3 The current POMCO Health care plan will be amended to provide domestic partnerLanguage in accordance with the NYSHIP (Empire Plan) as administered by the State ofNew York.

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Section 2 Endangerment Life Insurance Contagious Diseases

The County will provide life insurance in the face amount of one hundred thousand ( 100,000) dollarsfor each correction officer.

Employees who are exposed to contagious diseases will be informed by the Department and shall, uponrequest, be entitled to a medical evaluation, paid by the County.

The County will adopt a uniform policy regarding inmates who may have a contagious disease. Thispolicy shall include notification, housing, transportation and precaution procedures.

Such insurance shall pay the foregoing sum to the estate of an employee who dies as a result of injury orillness sustained or contracted by reason of the officer's employment at the Westchester County

Department of Correction.

Section 3 Retirement

The County will continue to participate in, and to make contributions to the New York State Employee'sRetirement System on behalf of eligible employees, towards the following employee retirement benefits:

Options - A s provided in New York State Employee s Retirement Law.

1. Non ontributorv 25 Year Career Plan (Section 75g)

Eligibility for retirement allowance for all members is age fifty ive (55). However,where members retire with twenty ive (25) or more years of service, basic guaranteedretirement allowance (including annuity p'urchased by member's age sixty (60) plan ratecontribution on earnings before April 1 1960 will be one half (1/2) of final averagesalary for the twenty ive (25) years of service (25/50) plus 1/60 of final average salaryfor each year of service over twenty ive (25) .

2 Non ontributory 20 Year Career Plan (Section 75i) -T ier 1

(For employees enrolled prior to July 1, 1973) continued eligibility for retirement

allowance for all members at age fifty ive (55), but improved basic guaranteedretirement allowance (including annuity purchased by member's age sixty (60) plancontribution on earnings before April 1, 1960 for persons who retire with twenty (20)or more years of service, the basic guaranteed allowance will be 1/50 of final averagesalary per year of service.

A limitation in this allowance is that the pension portion (which is exclusive of annuityProvided by the member's contributions) cannot exceed of final average salary.

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3. Non ontributory Modified 20 Year Career Plan Section 75 Tier II

Eligibility for retirement allowance is age sixty wo (62). Retirement at age Fifty-Five(55) will be permitted with reduced benefits. There is a pension limitation of sixty (60 )percent offinal average salary if under twelve thousand ( 12,000.) dollars. There is apension maximum if final average salary is over twelve thousand ( 12,000.) dollars andfifty (50 ) percent of excess.

4. Coordinated Escalator Retirement Plan (Section 500) (Tier IIQ

(For those employees who last became members on or after July 1, 1976) Members arerequired as of January 1, 1977 to contribute three (3 ) percent of gross salary to theretirement plan through payroll deductions. Membership is mandatory. Retirement

benefit with twenty (20) or more years of service is 11 50 ~ f final average salary for eachyear of credited service (to a maximum of thirty (30) years) less fif ty (50 ) percent ofthe Primary Social Security Retirement benefit. Retirement at fifty-Five (55) to sixty-one(6 1) is at a reduced proportionate rate.

B Added Service Credit

1. For those members who exercised the prerogative of purchasing World War I1 militaryService, their benefit will remain in fbll force and effect. This benefit was not availableafter June 30, 1972.

2. Privilege of members, who had service as a member of any other Retirement Systemoperated by the State of New York or subdivision of the State (e.g. NYS TeachersRetirement, New York City Retirement Systems) but who failed to exercise prerogativeof transfer, to now regain credit for that service by malung the member contributions,(Section 43 and 343); and

3. Recovery of privilege of having service credited for past period of military leave withoutpay by members who, by failing to imitate or make required contributions within theprescribed period of time five (5) years after restoration of employment did not originallyavail themselves of this privilege. (Section 243 Military Law)

C. Application of Unused Sick Leave

Application of unused sick leave as additional service credit upon retirement, (Section 41j and341j). T h s would apply to members for whom the earning and accumulation of sick leave was(prior to the member's retirement) authorized by law, rule, regulations, written order or writtenpolicy. Allowable unused sick leave credit would be limited to one hundred sixty five (165) daysand applied as additional service credit on a calendar d y basis (i.e. one hundred and sixty daysapproximately five and one half (5 %) months).

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D. Death enefit

1. For Employees Enrolled Prior t o ~ u l v ,1973 Tier I

Guaranteed minimum death benefit of three (3) times annual rate of pay rounded to nexhigher multiple of one thousand ( 1,000) dollars, but limited to twenty thousand( 20,000.00) dollars. (Section 60b and 360b)

This guaranteed minimum death benefit would be applicable to members who w ereemployed on March 3 1,1976; were below age sixty (60) when they began theemployment; and had at least ninety (90) days of continuous service immediatelypreceding death. This guaranteed minimum death benefit would be paid to such eligiblepersons in place of the regular ordna ry death benefit when the regular ordinary deathbenefit would not be greater.

2 For Em ployees Enrolled onland after Julv 1,19 73 Tier I

At the time of enrollment into the retirement system the employee chooses the deathbenefit.

a. Death Benefit One

One (1) month's salary for each full year of service up to a maximum of three (3) yearssalary upon the completion of hr ty -s ix (36)full years of service. No benefit paid afterretirement.

b. Death Benefit Two

After one 1) year of service, benefits w ill equal the annual salary. After tw o (2) years ofservice, benefits will equal two (2) times annual salary. After three (3) years of service,benefits will equal three (3) times annual salary. However, the benefit is subject to the

limitations provided in S ection448 of the Retirement Law.

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3. For Employees Enrolled onland After Julv 1 1976 Tier

Death Benefit

CO-ESC memberswit eligible beneficiariesas determined by law) who are ,age fifty-two (52 ) or younger when entering service and who diein service before attaining agesixty (60) are eligib le for the following benefit; At least one (1) year, but not mo re thtwo (2) years of service, benefit amount is one (1) times final year's rate of pay ( 20,maximum; At least two (2) years, but not more than three3) years of serv ice, benefitamount is two (2) times final year's rate of pay ( 40,000) maximum ; Three (3) or mo

years of service, benefit amount is three (3) times final year's rate o f pay ( 50,000)maximum.

At age sixty (60), the ben efit is reduced by ten (10%) percent each year thereafter.

Members meeting the abo ve requirements, who are age fifty-three (53 ) or over at the of entering service, are eligible for the above benefit, but with th e follow ing benefitamount.

Age Entering Service

53

54

55 .

65 and over

Maximum

40,000

30,000

Members without eligible beneficiaries are covered by the schedules shown above k tathree thousand ( 3,000) maximum .

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4 Retirement Comm ittee

The parties agree to establish a Retirement Committee composed of three (3) employees

from the union and three (3) members rom he County. The committee shall investigateimproved retirement benefits for employees of the Westchester County Department ofcorrection for consideration for the agreement between parties to become effective onJuly 1, 1988.

The committee shall meet at the call of either the union members or the County membersat a time mutually agreeable to both parties. The three (3) union employees shall bereleased from duty to participate in this function.

In December of 1989, the committee shall submit a written report which shall containtheir findings in regard to estimated costs and the estimated value of employee retention

undern

improved retirement plan.

The County shall bear all costs incurred by the Committee to compile the neededinformation and complete this report.

5 W elfare Fund

a. To cover the period fiom January 1,2005 thru December 3 1,2005 the Countywill forward the sum of 1,580.00 and to cover fiom January 1,2006 thru

December 3 1,2006 the County will forward the sum of 1,655.00 per employeeto the COBA Welfare Fund Trustees. Additionally, on December 3 1,2006 theCounty will increase the contributions by an additional 100.00 annually peremployee.

b. All monthly payments shall be made within 15 days of the close of each month.Payments will be made on a monthly basis based on the number of memberscarried on the last payroll of each proceeding month.

c. The County shall forward the above agreed to sums to the COBA WelfareCommittee Trustees per each retired employee who retires after September 1,2000. Payments will be made on a monthly basis based on the number of retiredmembers retiring after September 1,2000 and shall be made within 15 days of theclose of the month.

d. The fund shall be admininstrated by a Board of Trustees with the County havingone (1) trustee, and COBA having three (3) trustees. The County trustee shall nothave a vote in the selection of a particular benefit.

e. The Board of Trustees of the Welfare Fund shall, on the request of the Countyandlor COBA, prepare or cause to have prepared n audit of the Welfare Fund.The cost of such audit shall be paid by the party requesting such audit.

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Section 4 Emergency Sick Leave Bank

The County and the Union, realizing the economic effects of a long term illness on anyemployee, have joined together in establishing a voluntary Emergency Sick Leave Bank.All employees who are represented by the bargaining unit of the Union, and havecompleted at least one (1) year of continuous County service, shall be eligible to join.

B Emergency Sick Leave Board

An Emergency Sick Leave Board, consisting of three 3) members (Trustees) of the

bargaining unit, shall be appointed by the Union President, for a term coinciding with theterm of the President.

The Board shall administer the bank, be responsible for the accepting and recorQng ofmembers; maintain records regarding the number of sick leave days in the bank, andacting on each application for benefits submitted to it w i t h en (10) working days.

Decisions. by the Board are final subject to County approval that the Board acted incompliance with Section d (4.d) of this Article. If the County rejects the Board'sdetermination, and finds that the Board did not act in compliance with 5(1), the disputewill immediately be filed with the American Arbitration Association for a hearing andfinal determination.

C Contributions

Contributions shall be made to an escrow account for the benefit of an enumeratedcorrection officer. (An enumerated correction oficer is defined as the correction ofi ce rreceiving the contributed time.) Said escrow account shall be utilized exclusively for thebenefit of the enumerated correction officer. Once a contribution has been made, it maynot be withdrawn. Payroll clerks andlor the person responsible for the time andattendance records will distribute contribution forms supplied to them by the Union. Themembers of the Emergency Sick Leave Board may also solicit contributions to theescrow account of any enumerated correction officer

Contributions will be made during a dnve organized by the Emergency Sick LeaveBoard after the filling the Application for Emergency Sick Leave Bank Benefitsby the enumerated correction officer.

If a correction officer Qes, retires, resigns or is terminated with a balance in hislherescrow account, the Board will re-distribute said balance to other correction officers.

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Eligibility of Benefits

A correction officer who has exhausted all of hi sk er accumulated time cred its and issuffering fiom a prolonged or disabling illness or mental incapacitation, and wh o is notentitled to correction compensation benefits as defined in Appendix B now found inArticle XX of the collective bargaining agreement, is eligible to apply to th e S ick LeaveBoard. The correction officer mus t complete the Application fo r Em ergency Sick Leav eBank Benefits form and shall provide the Boardwit any documentation deemednecessary by themwith regard to th e nature and duration of the disabling condition. TheBoard shall have the right to disapprove an application for approp riate reasons and notbegin a drive , including improper use of accum ulated time cred its, i-e., sug gest ing apattern of absences. The Board shall also have the right, at any time , to consult withindependent medical practitioners.

After finding that the application meets the requirements described above, the app licationwill be granted and a drive begun for contributions to the escrow acco unt of theenumerated correction office. Vacation, personal leave and sick leav e credits shall not beearned for periods when an em ployee is on such leave with pay.

The maximum number of days which may be credited to any enumerated correctionofficer's escrow account for any on e illness may not be for mo re than o ne (1) work year.

The Board may approve utilization of time by intervals up to one (1) work year.

E Renewal of pplication

If after making its original determina tion it is found that a working m ember's recoveryshall require more than forty (40) w orlung days, the Board sh all reconven e to d eterminerenewal of the application for up to an additional forty (40) days. However, the maximumnumber of days the Board m ay allocate for any one illness shall not be for mo re than one(1) work year.

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rticle XI

Employee Status and Rights

Section Equal Em ployment Opportunity Affirmative Action Plan

The County and the Union fully endorse the principles of Equal Employment Opportunity andthe County's Affirmative Action Plan, and its procedures. Any complaints arising hereunderwill be processed through the complaint procedure of the Affirmative Action Plan. Use of thatprocedure will not deprive an employee of rights under this agreement.

Section 2 Non Discrimination

The County and the Union will not scriminate against any employee with respect to wages, hours,or any terms. or conditions of employment by reason of race, creed, color, national origin, age, sexor marital status, except as such conditions may constitute bona fide occupational or assignmentqualifications, in which case, an employee whose request is refused on such grounds shall benotified, in writing, with the right to appeal through the grievance procedure herein.

Section Form al Action

n employee shall at all times on request be entitled to have present a representative of the Uniondesignated in accordance with this agreement when being formally reprimanded for the record followingan investigation. Following an investigation, if it is determined that an employee will receive a formalreprimand, then the employee and the union will be notified by registered mail, with return receiptrequested, of the time and place where such reprimand shall be adrmnistered, and the employee shall beentitled to a representative of the union present if the employee desires. Formal action does not pertainto normal progress, performance and evaluation interviews or observations. All formal reprimands, forany alleged infractions, shall be made with due regard for individual privacy.

Section 4 Personnel Records

A. No complaint or report (other than normal classification and assignment status, payrolland attendance records) adverse to an employee will be retained in the employee's departmentalpersonnel file, unless the employee has had an opportunity to read the same, and to provide aresponse to be filed therewith. Except for pre-employment materials deemed confidential, anemployee may be permitted to examine the file, at reasonable intervals, and to make copiesof the items therein.

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B If an employee has submitted a grievance regarding an evaluation andlor written reprimandthat has been included in the employee's departmental personnel file, the decision and any actionresulting shall be included therewith.

C. All adverse material shall be removed from an employee's personnel file after eighteen (1 8)

months of the original placement if the employee so requests.

Section 5 Grievance Procedure

Rights of Representation

Every employee shall have the right to present .grievances to the County, fi-ee from interference,coercion, restraint, discrimination or reprisal, and shall have the right to be represented at all stages

thereof.

A. Grievance Defined

Grievance shall mean any claimed violation, misinterpretation or inequitable application of theAgreement, or of applicable existing laws, rules, procedures, regulations, administrative orders,or work rules which relate to, or involve Employee health or safety, physical facilities, materialsor equipment fixrushed to employees, or supervision of employees; provided, however, that suchterm shall not include any matter involving an employee's classification or allocation, retirementbenefits, disciplinary proceeding, or any matter which is otherwise reviewable pursuant to law,

or any rules or regulations having the force and effect of law, or any matter as to which theCounty is without authority to act.

B General

1. The filing or pendency of any grievance shall in no way operate to impede, delay orinterfere with the right of the County to take action complained of, subject, however, tothe final decision of the grievance.

2 The aggrieved employee may request Union representative to assist and to be present atthe initial presentation of the grievance, and at any hearings that may take place.

3. No grievance shall be filed later than thirty 30) days after the event constituting thealleged violation became knowable to the grievant, or sixty 6 0 ) days for Out of Titlejob grievances.

4 A Union-County or County-Union grievance under the Agreement shall be filed inwriting signed by the grievant.

5 The time limits provided in. he grievance procedure stated below may be extended bymutual agreement of the aggrieved employee, the union representative and therepresentative of the County.

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6 A grievance submitted at S te p1 must be answered in writing.

C. Step

1. The aggrieved employee or union submits the grievance, in writing to theCommissioner.

2. The Commissioner, or his designee, shall respond, in writing, within fifteen (1 5)working days of the receipt of the grievance.

3. If the aggrieved employee, or union, receives no answer fiom the Commissioner, orhis designee, within fifteen (1 5) working days, as mentioned above, the grievance shallbe deemed to have received a negative response.

1. In the event that the grievance is not adjusted under Step-1, the employee, or the unionthrough its grievance committee, may within fifteen (15) working days from the date ofthe Commissioner or his designee s response, (or within fifteen (15) working days of thesubmission of the grievance if no response was given), submit such grievance in writingto the Director of Labor Relations.

2. The Director of Labor Relations or his designee shall hold an Informal hearing at whichthe aggrieved employee and the union representative may appear and present oral andwritten statements of argument.

3 The Director of Labor Relations or h s designee shall respond in writing wit hn fifteen(15) days of the hearing.

4 If no hearing is held or response given by the Director of Labor Relations or his designeewithin fifteen (1 5 working days of receipt of the grievance, the grievance shall bedeemed to have received a negative -response.

Step 3

1. In the event that the grievance is not adjusted under Step-2 or no hearing is held,it may, at the request of either the County or the Union, be submitted within fifieen (15)working days of receipt of the Step-3 answeror negative response, to a mutually agreedupon Arbitrator.

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2 In the event that an Arbitrator cannot be agreed upon within fifteen (15 ) workingdays of receipt of the nd Step grievance, such grievance shall be referred to the AmericanArbitration Associa tion for resolution under its voluntary rules.

3. A grievance dispute arising q d e r any term of the agreement involving County policyor hscretion may be submitted for arbitration only as to the question of w hether or notthe County policy was disregarded, or was appliedn so discriminatory , arbitrary, orcapricious a manner as to constitute an abuse of discretion.

4 The report of the arbitrator shall contain a statement of the Arbitrator s findin g of factconclusion, and recommendation, which shall be binding on all parties to th eproceedings.

5. The County and the Union shall bear equally the A rbitrator s fees and other expenses,exclusive of attorney s fees, incidental to the proceedmgs.

6. The parties agree to estab lish a panel of three (3) arbitrators to.be used on a rotatingbasis as the permanent panel for resolving disputes under this contract.

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Article XI

Union Status and ights

Section 1 Representation R ights

A Access Rights

Subject to reasonable rules, with respect to security, safety, and operating requirementsrepresentatives of the Union may be granted access to working areas in County facilitiesduring worlung hours, for the purpose of observing whether the terms of the agreementare being maintained

B Organization Rights

Employees shall have the right to join and participate in the Union.

C. Representation Rights

Employees shall have the right to be represented by the union, to negotiate collectivelywith the County in the determination of their wages, hours, and terms and condtionsof employement, and the administration of grievances.

D. Posting and Com munication Rights

1 The Union shall have the right to post notices of its legitimate activities on Unionbulletin boards provided by the County, in each County building or subdivisionoffices owned or leased by the County.

2 The Union may use the County inter-office mail service for bulk transmittal ofcommunications to employees for distribution through Union representatives.

3 No communications posted or mailed shall tend to impugn the good name, justlyor unjustly, of any person, organization or group.

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Section Union Activity

The President shall be assigned to a Monday through Friday schedule to ad minister the contract,Handle grievances and conduct Labor Relations. Th e President shall, at all times, b e free of assignedDuties w i t h he department

The union Vice President shall be entitled to the release time schedule while the President is onauthorized leave.

The Union President shall designate a member of the bargaining unit who w ill be en titled to anaggragate of sixteen (16) days per week to administer the contract, handle grievances and condu ctlabor relations. During those sixteen (16) days these individuals shall be h e f assigned dutieswithin the department. It is agreed that the designees will select hislher release days within three(3) days of the release of the monthly schedule.

Negotiating Unit Representation

1. Duly authorized representatives of the union shall be permitted to tran sact o fficialunion business directly related to the adm inutration of the agreement on Countyproperty du ring the workday but at reasonable times andin a reasonable mannerthat shall not interfere with or interrupt work o r the individual duties andresponsibilities of such represen tatives as County employees.

2 When a union representative meets by agreement with a County represen tativeduring the workday, such meeting shall be without loss of pay.

3 Each member of the bargaining comm ittee shall be entitled to three (3) days offwith pay for nego tiation preparation meetings.

B. Authorized Representation

The union shall certifL to the C ounty the names of its authorized representatives and thestaff representatives and the areas in which their rep resentation is effective.

Section Union Meeting:

At the Union s written request, the County will approve paid ab sences by union representativesfor attendance at union meetings, up to a maximum one hundredi ty 150 days annually,during the life of the agreemen t.

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It is understood by the parties that the supervision of employees by the Cou nty is n ot to be

encumbered by the review procedure;

The interrogation of an employee shall be at areasonable hour; when the employeeis on duty, unless the circum stances of the inv estigation dictate otherwise;

The interrogation shall take place at a location designated by the Com mission er or the officerin charge of the investigation

The employee shall be informed of the name and rank of the interrogating officer in charge ofthe investigation, and all other persons present at the investigation. If an emp loyee is directed toleave a post and report for the interrogation to another post, the employee's superior sh all be

promptly notified of the employee's whereabouts;

The em ployee shall be informed o f the nature of the investigation before any interrogatio ncommences. The names and addresses of the complainants andlor witness need no t be disclosed ;however, sufficient information to reasonably apprise the employee of the allegations sho uld beprovided. If it is known that the em ployee being interrogated is a w itness only, theemp loyeeshould be so informed at the initial contact;

The questioning shall not be overly long, and shall be completed with rea sonabledispatch. Timeshall be provided for personal necessities, meals, telepho ne calls and rest periods as arereasonably necessary;

The employee shall be given an exact copy of an y written statements the emp loyee may execute.If questioning is mechanically or stenographically recorded, the emp loyee given access to same.During the complete interrogation, there shall be no off the record question s except at therequest of the investigating officer. All recesses calledduring the questioning shall be recorded;

The Department shall afforded an opportunity for the employee, if the em ployee so requests, toconsult with an association representative before being questioned concerning any v iolation o frules and regulations, provided the interrogation is not unduly delayed. However, in su ch cases,the interrogation may not be postponed for pu rposes of Association representation beyond1 :OOam of the day following notification of interrogation. representative of the Association may bepresent during the interrogation of the em ployee, if so requested by the employee;

If an employee is under arrest or is the likely to be, tha t is the employee is susp ect or the targetof a criminal investigation, the em ployee shall be given the right pursuant to the M irandaDecision;

The aforementioned procedure will be observed by all Su perior Officers and all other officers ofthe Department w hile conducting investigation s of the action of the employee.

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F. The parties agree to schedule two (2) days of hearing per month for disciplinary cases, whenscheduling cases at least thirty (30) calendar days notice shall be given. At the time ofscheduling, the County shall provide to the COBA attorney all relevant information includingexculpatory information. For each scheduled day a maximum of two (2) cases may be heard.cases scheduled pursuant to L(2) of this article are in addition to those mentioned here.

2. The disciplinary arbitrator shall hold a hearing within (10) days of his qualification andrender a decision within seven (7) days of the date of the close of the hearing or within seven (7)days after receipt of the transcript, if either party elects to obtain a transcript.

G A transcript of the disciplinary arbitration hearing shall be provided upon request of either partyat the requesting party's expense-and a copy shall be provided to the arbitrator. In the event thearbitrator requests a transcript, the cost of such transcript shall be shared between parties.

H. Disciplinary arbitrators shall confine themselves to determination of guilt or innocence and theappropriateness of proposed penalties. Disciplinary arbitrators shall neither add to, subtractfiom nor modify the provisions of h s greement. The disciplinary arbitrator's decision withrespect to guilt or innocence, penalty, or probable cause for suspension pursuant to paragraph(2) L, (2) of this Article XV shall be final and binding upon the parties. The disciplinaryarbitrator may approve or disapprove the proposed penalty or take any other appropriate actionwarranted under the circumstances including, but not limited to; ordering reinstatement andback pay for all or part of the period of suspension if the disciplinary arbitrator, upon reviewfinds probable cause for a suspension pursuant to paragraph (2) L (2), he may consider suchsuspension in determining the penalty to be imposed.

I No penalty proposed by the employer may be implemented until the employee (A) fails tofile a disciplinary grievance within fourteen (14) days of the service of the Notice of Disciplineas specified in paragraph 2 (c); or (B) fails, within fourteen (14) days'to refer the matter todisciplinary arbitration pursuant to paragraph 2 (d) afier filing a grievance which has not beenresolved; or (C) having referred the matter to disciplinary arbitration, until and to the extentthat it is upheld by the disciplinary arbitrator; or @ until the matter is settled.

J All fees and expenses of the arbitrator, if any, shall be divided between the County and theUnion. However, the union's liability under this provision, and all other arbitration clausesof this contract, shall be subject to an annual aggregate maximum of 20,000.00. Any amount inexcess of said maximum for arbitrator fees and expenses shall be paid by the employer. Eachparty shall bear the costs of preparing and presenting it's own case. The estimated arbitrator'sfee and expenses, and any other estimated expenses of the arbitration, may be collected inadvance of the hearing.

K Any employee against whom disciplinary charges are brought by the employer may elect to berepresented by the union or by any other party. However, no employee can be representedin such a disciplinary proceeding by any officer, executive board member, delegate,representative or employee of any actual or claimed employee organization or affiliatethereof other than COBA.

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L. The County shall furnish to the attorney for the union copies of all documents which theCounty anticipates introducing at the arbitration, as well as all documents signed by the

Charged party, or memorializing statement made by the charged party, w i h hree 3)Days of service of the Notice of DSiscipline.

1. Settlements. A disciplinary grievance may be settled at any time after twenty fourhours following the service of a Notice of Discipline. The terms of the settlementshall be reduced in writing. An employee offered such settlement shall be offereda reasonable opportunity to have his attorney or a union representative presentbefore he/she is required to execute it. The union grievance representative at theappropriate level shall be provided with a copy of any settlement within twentyfour hours of its execution.

2 Suspension Before Notice of Discipline

Prior to issuing a Notice of Discipline or the exhaustion of the disciplinaryGrievance procedure provided for in this Article XV, an employee may beSuspended without pay by h s appointing authority only pursuant to theProvisions of this paragraph 2 (L) (2).

In the event an employee is suspended pursuant to these provisions the followingtimetable shall be substituted in place of those provisions set forth in paragraph2c, 2d, and 2e above. (The term days, however, shall exclude Saturdays,Sundays and Holidays, for the purpose of subdivision A0 and (B) below.)

A A disciplinary grievance shall be filed withn three (3) days of service of theNotice of Discipline.

B. Notice of referral to disciplinary arbitration shall be served within three 3) daysof the referral: Upon the request of either party, the arbitrator shall not grantadjournments for more than fourteen (14) days. However, both parties may byconsent agree to a longer adjournment.

C The arbitrator shall render a decision within five (5) days of the close of theHearing or receipt of the transcript when such transcript is requested.

All notices required pursuant to paragraph (2) L (2) above shall be hand delivered whenever theEmployee has been suspended pursuant to these provisions.

The appointing authority or his designee may suspend an employee without pay only when suchappointing authority or his designee determines that there is probable cause that the employee'scontinued presence on the job represents a