AFSCME and Franklin County Bargaining Agreement 2012-2015

COLLECTIVE

BARGAINING

AGREEMENT

between

FRANKLIN COUNTY

and

AMERICAN FEDERATION OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES, AFL-CIO

DISTRICT COUNCIL 89

January 1, 2012 - December 31, 2015

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 UNION SECURITY

ARTICLE 3 NO STRIKE - NO LOCKOUT

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 HOURS OF WORK AND OVERTIME

ARTICLE 6 SENIORITY - PROBATIONARY PERIOD

ARTICLE 7 PROMOTIONS AND FILLING OF VACANCIES WITHIN

CLASS IFICATIONS

ARTICLE 8 LAYOFFS

ARTICLE 9 HOLIDAYS

ARTICLE 10 VACATION

ARTICLE 11 SICK LEAVE

ARTICLE 12 PERSONAL LEAVE DAYS

ARTICLE 13 PERSONAL LEAVES OF ABSENCE

ARTICLE 14 JOB SECURITY

ARTICLE 15 FUNERAL LEAVE

ARTICLE 16 WORK-RELATED DISABILITY

ARTICLE 17 JURY DUTY

ARTICLE 18 NON-DISCRIMINATION

ARTICLE 19 UNION BUSINESS

ARTICLE 20 GENERAL PROVISIONS

ARTICLE 21 PERSONNEL FILE

ARTICLE 22 UNIFORMS

ARTICLE 23 GRIE VANCE PROCEDURE

ARTICLE 24 WAGES AND BENEFITS

ARTICLE 25 LEGALITY

ARTICLE 26 SEPARABILITY

ARTICLE 27 HEADINGS

ARTICLE 28 GENDER AND NUMBER

ARTICLE 29 DURATION

PREAMBLE

WHEREAS, it is the intent and purpose of the parties hereto to promote harmonious andcooperative relationships, the Board of Commissioners and Union agree that this overall policy

may be best accomplished by negotiating in good faith and entering into written agreementsevidencing the result of such negotiations and by establishing procedures to provide for theprotection of the rights of the Prison Board and its employees and to insure to the public orderlyand uninterrupted services.

ARTICLE 1

RECOGNITION

Section 1: The County of Franklin ( Franklin County Commissioners), hereinafter referred to as

the ` County,' pursuant to Section 606 of the Public Employee Relations Act Number 195 and in

accordance with certification by the Pennsylvania Labor Relations Board, Case Number PERA-R-6708- C, hereby recognizes the American Federation of State, County and MunicipalEmployees, Council 89, AFL-CIO, hereinafter referred to as Union," as the exclusive

representatives for purposes of collective bargaining with respect to wages, hours and otherterms and conditions of employment..

Section 2: This agreement covers those employees encompassed within the certification referred

to in Section 1 of this Article, to wit: Correctional Officers and Correctional Sergeant. The termemployee," when used in this agreement, refers to those employees regularly scheduled twenty20) or more hours per week encompassed within the classification of the certification referred to

in Section 1 of this Article. Excluded from the Union' s bargaining unit are all part- timeemployees regularly scheduled less than twenty ( 20) hours per week, all management level

employees, supervisors, first-level supervisors, confidential, and professional employees as

defined in Act 195.

Section 3: Probationary employees are eligible to be represented by the Union for anycontractual violation, with the exception of Article 14 ( Job Security).

Section 4: In the event a part-time employee is hired into a permanent full-time position within

the classification in which he/ she is currently working, he/ she shall receive one ( 1) day of credittowards satisfying his/her probationary period for each one ( 1) day of work completed during theimmediately preceding five ( 5) month period.

ARTICLE 2

UNION SECURITY

Section 1: Any employee who, on the effective date of this agreement, has joined the Union or

who joins the Union in the future must remain a member for the duration of this agreement with

the provision that any such employee may resign from the Union during a period of fifteen ( 15)days prior to the expiration date of this agreement. The employee shall send a letter of

resignation to his department head, as well as a copy to Union headquarters. The payment ofdues and assessments uniformly requested of the membership shall be the only requisiteemployment condition.

Section 2: The County Commissioners agree to dues deduction with the provision that anemployee will not be required to join the Union and pay the dues deduction. However, when anemployee does sign a dues deduction authorization card, he/ she will be obligated to pay dues forthe duration of the agreement with the right to withdraw from the Union as a dues payingmember fifteen ( 15) days prior to the termination of this agreement. Union dues will be deducted

from the employees' base salary only.

The Union will provide to the County Commissioners newly signed dues deduction cards, and allcards presented by those who sign said cards will be honored. Dues deduction cards for allemployees hired will be honored after the employee is regularly scheduled to work twenty ( 20)or more hours per week. Fair Share will be deducted as of date of hire.

Section 3: Any employee who fails to fulfill his obligation under this Article shall be dischargedby the County within thirty ( 30) days after receipt of written notice to the County from theUnion.

Section 4: The Union shall indemnify and hold the County harmless against any and all claims,suits, orders, or judgments brought or issued against the County as a result of any action arisingout of or resulting from the provisions of this Article.

Section 5: The County and the Union hereby agree that all non-members of the Union shall besubject to a fair share fee as provided for in Act 15 of 1993 and any amendments thereto.

The County further agrees to deduct a fair share fee bi-weekly from all employees in the unitwho are not members of the Union.

Authorization from non-members to deduct fair share fees shall not be required. The amounts to

be deducted shall be certified to the County by the Union, and the aggregate deductions of allemployees shall be remitted together with an itemized statement to the Union.

Section 6: The Employer agrees to deduct voluntary contributions to the Union' s political actioncommittee. The Employer shall make such deductions only in accordance with the writtenauthorization of an Employee, which shall specify the amount of the deductions. The Employershall continue to make such deductions until notified by the Union, in writing, to cease makingsuch deductions for any Employee.

Section 7: The Employer shall transmit the monies deducted by the payroll deductions to theUnion' s political action committee, including the name, address, social security number and theamount of money deducted from each Employee per each payroll. All political action committee

deductions shall be on a check separate and apart from Union dues.

Section 8: The Union shall indemnify and hold the Employer harmless against any and allclaims, suits, orders, or judgments brought or issued against the Employer as a result of anyaction taken or not taken by the Employer pursuant to the provisions of Article 2.

ARTICLE 3

NO STRIKE - NO LOCKOUT

Section 1: It is understood and agreed that there shall be no strike, as that term is defined underthe Public Employee Relations Act Number 195, during the life of this agreement, nor shall anyofficer, representative or official of the Union authorize, assist or encourage any such strike

during the life of this agreement.

Section 2: The County reserves the right to immediately discharge any employee or employeeswho violate the provisions of this Article.

Section 3: The County will not engage in any lockout during the life of this agreement.

ARTICLE 4

MANAGEMENT RIGHTS

Except as expressly limited by the County Code, other relevant statutes and codes, and municipalhome rule charters or provisions of this agreement, and reserving unto the County allmanagement rights which by law may not be bargainable, the County shall have and retain,solely and exclusively, all other managerial responsibilities which shall include, but not belimited to, the right to determine the mission, purposes, objectives and policies of the County; to

establish, amend or modify an overall budget, to control and regulate the use of machinery,equipment and other property of the County; to determine the number and types of employeesrequired and to assign work to such employees in accordance with the operational needs of the

County; and to direct the work force, except as expressly modified or restricted by a specificprovision of this agreement.

Further, all inherent managerial rights, management functions, and prerogatives which the

County has not expressly modified or restricted by a specific provision of this agreement areretained and vested exclusively in the County.

ARTICLE 5

HOURS OF WORK AND OVERTIME

Section 1: The regular hours of work for any shift shall be consecutive, except that they may beinterrupted by a lunch break or rest break.

Section 2:

A. All Jail employees' work week shall consist of any five ( 5) consecutive days in a seven7) day period, subject to subsection D below.

B. The work shift for Correctional Officers shall be: the first shift ( 6: 15 a. m. to 2: 30 p.m.),the second shift( 2: 15 p.m. to 10: 30 p.m.) and the third shift ( 10: 15 p.m. to 6: 30 a.m.).

C. The work-day shall consist of any twenty-four ( 24) hours in a pre- established work

schedule. The work-day shall consist of eight hours and fifteen minutes ( 8'/ 4) hours

within a work-day.

D. A work schedule showing the employees' work-days and hours shall be posted on

applicable bulletin boards. Except for emergencies, changes in work schedules will beposted five ( 5) days in advance. Any new general schedule changes of a lasting natureshall be subject to a meet and discuss prior to implementation.

E. Individual work shift times may be changed at the discretion of the Warden to establishdifferent shifts to staff peak program times. Two ( 2) weeks notice will be given to

employees prior to change of shift times and such positions shall be subject to bid.

Section 3: All employees covered in this agreement shall receive time and one-half( 1 - 1/ 2) their

regular rate of pay, or, if mutually agreed, receive compensatory time off, for all hours worked inexcess of eight hours and fifteen minutes ( 81/ 4) in any work day and in excess of forty-one hoursand fifteen minutes ( 41'/ 4) for any work week. Said compensatory time off shall be scheduledand utilized within ninety ( 90) days from the date it is earned.

Section 4: Overtime Procedures for Correctional Officers and Shift Supervisors

Policy: It shall be the policy of the Franklin County Prison that overtime be distributed asequitably as practical between correctional employees. The Warden shall meet and discussovertime practices with the Executive Board of District Council 89 from time to time in order toresolve any issues that arise concerning overtime procedures.

Definitions:

A. Volunteer Overtime - An agreement by the employee to willingly work overtimewhenever possible.

B. Mandated Overtime - Overtime assigned to the least senior employee on duty to fill a

post vacated by illness, or other reasons.

C. Emergency Overtime - Overtime worked as a result of an emergency at the prison.

Procedures:

A. An overtime card file will be established, according to seniority, front to back containingall of the names of uniformed officers. This card file will be maintained throughout the

year to equalize overtime.

B. Step One. Each roll call, the Shift Commander will post a sign-up sheet for anyvolunteers for possible overtime needed for the following shift. When overtime is neededon a following shift, the Shift Commander will first exhaust this sign-up sheet to fill theopen overtime slots. If overtime is still needed the Shift Commander will announce to all

officers working the current shift that volunteers are still needed. If no one volunteers forthe upcoming overtime or there is more overtime needed compared to volunteers, theShift Commander will move to step two.

Step Two. All officers that are not working or are in between shifts that want to workvoluntary overtime will express their interest by calling in 4 hours prior to the beginningof each shift. The Shift Commander will document the officer' s name and place them inthe appropriate overtime post. If there is no overtime available when the officer calls, the

Shift Commander will still document the officer' s name, and if/when overtime doesoccur the Shift Commander will then call the officer that called via the telephone

document. If several officers call in to volunteer for a particular shift, the most senior

officer will be awarded the overtime post. If an officer works the majority of a shift ofvoluntary overtime, the officer' s mandation card will move to the back of the file,immediately following that shift. The majority of the shift being defined a four ( 4) ormore hours.

Note: Officers are only authorized to call in for one shift. Officers cannot call in andvolunteer for

2nd

and 3`d

shift for the next two days. This will not be accepted. If an

Officer volunteers for a shift, and wants to volunteer for a following shift, the officermust call in at the appropriate time to do so.

Step Three. If overtime is still needed to cover a following shift, the Shift Commanderwill move to the third and final step which will be the mandating of current officers. Anyemployee who works voluntary or mandated overtime for four (4) or more hours shouldhave their mandation card moved to the back of the file. This process will be used until

the vacant position(s) is/ are filled, if possible, with a volunteer. Mandatory overtime maybe assigned only after all efforts to fill a vacant position from the volunteer list have beenexhausted.

C. Any employee who works voluntary or mandated overtime for four ( 4) or more hoursshould have their mandation card moved to the back of the file. This process will be used

until the vacant position( s) is/are filled, if possible with a volunteer. Mandatory overtimemay be assigned only after all efforts to fill a vacant position from the volunteer list hasbeen exhausted.

D. Overtime for the purpose of equalizing overtime is defined as: That overtime that isSCHEDULED to replace staff shortage resulting from the use of sick leave, or theabsence of employees as approved by a member of the administration, or special

assignments. Overtime of a short nature resulting from shift duty assignments ( i.e.; report

writing, processing, etc.) will not affect the overtime card file.

E. No employee shall HANDLE the overtime cards except the Shift Supervisor or ActingShift Supervisor. Anyone caught tampering with the card file will be subject todisciplinary action, from a letter of reprimand to suspension without pay. Should there bea complaint from an employee, the Shift Supervisor and either the Union President, VicePresident, or Chief Steward will view the card file to determine if the complaint is valid.

The Deputy of Operations will be consulted prior to any attempt to resolve an employee' scomplaint. The overtime card file is not to be opened by anyone EXCEPT WHENNECESSARY TO CONTACT STAFF FOR OVERTIME AND WHEN NECESSARY

TO CHECK THE FILE TO RESOLVE A COMPLAINT.

F. Once an employee agrees to work overtime, any intent not to work the overtime must bemade known to the shift supervisor/acting shift supervisor just as stipulated in the processfor calling off sick. Employees shall not make their own arrangements for coverage byanother employee. Emergencies that impact on a person' s intentions to work overtime

may be an exception, if verified.

G. Employees who call in sick on the date scheduled to work overtime shall present

certification from a doctor to substantiate the absence. If certification is provided, the

absence will not be held against the employee in regards to the overtime procedure. If

certification is not provided, the occurrence shall count as the FIRST such occurrence,

and all other such occurrences shall count as the second, third, etc. The second

occurrence shall result in the employee' s card being marked as not being available forovertime for a ninety ( 90) day period, followed by a letter of reprimand. The cardremains in place regardless of any action taken. The third and any subsequentoccurrences will result in more severe disciplinary action being taken.

H. Employees on scheduled leave ( vacation, personal, etc.) are not to be contacted or

marked refusal if contacted. For example: A person is scheduled for a vacation dayfollowed by two relief days and another vacation day will not be contacted, nor, given arefusal if contacted. The file card shall be marked leave ( vacation, personal sick, etc.) and

rotated to the rear of the card file. The same procedure shall be followed for the employee

that has called in sick the day prior to relief days, or is on extended sick leave; the filecard shall be marked sick leave and rotated to the rear of the card file.

I. An employee working overtime may not be mandated to work additional hours, nor, mayan employee who has worked a double shift be mandated to work a third tour of duty.

J. Mandatory Overtime:

1. A list shall be maintained, by seniority, of all employees and mandatory overtime

shall be assigned to the employee on duty with the LEAST seniority, who has nothad a mandatory overtime assignment since the date of the person with moreseniority. Once an employee has been assigned overtime on a mandatory basis,such employee may not be assigned mandatory overtime until all otheremployees, that are on duty, have been assigned mandatory overtime.

2. No employee will be credited with having worked a Mandated Overtime until thatemployee has worked the majority of the shift for which the employee wasmandated. The majority of the shift being defined as four( 4) or more hours.

3. Refusals to work mandated overtime are accumulative during the life of anycontract agreement between the County and the Union and will result in thefollowing disciplinary action:

a. First Occurrence— no action taken

b. Second Occurrence— One ( 1) day suspensionC. Third Occurrence— Three ( 3) day suspensiond. Fourth Occurrence— ten ( 10) day suspensione. Fifth Occurrence- Consideration for termination from employment

4. Mandatory overtime can not be ordered unless the:

a. voluntary overtime list has been exhausted,

b. there will be less than the minimum amount of staff working the oncomingshift.

5. Minimum staffing for each shift will be posted by the Deputy of Operations.

Section 5: Training and holiday time shall be counted towards the computation of overtime.

Section 6: All employees shall be required to perform any and all temporarily assigned duties,regardless of their usual or customary duties or job assignment, on a non-discriminatory basis. Atemporary transfer shall not exceed forty- five ( 45) working days at the warden' s discretion,except: ( 1) to fill a vacancy caused by an employee being on sick or other approved leave ofabsence; ( 2) to provide vacation relief scheduling; ( 3) to fill an opening temporarily pendingpermanent filling of such opening; or ( 4) to meet an emergency situation when an employee istemporarily transferred to another job classification:

A. If the rate of pay for such other classification is lower than his regular rate, he shallreceive his regular rate.

B. If the rate of pay for such other classification is higher than his regular rate, he shallreceive the higher rate.

Section 7: If an employee is required to work beyond his regular quitting time, he shall beafforded the same meal period that falls within that shift at the scheduled meal time for that shift.

Section 8: Any employee called to perform the duties of a correctional officer ( not to includetraining, meetings or scheduled activities) shall be paid for a minimum of three ( 3) hours at theappropriate rate of pay. Every attempt will be made to meet with employees on their regularlyscheduled shift.

Section 9: Except in cases of emergency or when a job must be completed, any employee who isrequired to work beyond his regular quitting time into the next shift shall receive a fifteen ( 15)minute rest period without loss of pay scheduled at the discretion of the shift supervisor.

Section 10: No one shall work more than sixteen hours and fifteen minutes ( 16'/ 4) or have less

than seven hours and forty-five minutes ( 73/4) off between shifts. As an exception, in the event ofan emergency of unusual circumstances such as heavy snow, inmate disturbances, and otheremergencies which adversely affects the facility' s staffing, could necessitate working longerhours; employees could be mandated to work a third tour of duty.

Section 11: If, during non-working hours, an employee is requested to standby to appear as awitness in court connected with the performance of his work, the employee shall be compensated

at the appropriate rate of pay from the call time of the subpoena until dismissed or replace thatday off at a mutually agreed on time.

Section 12: Trading relief days within the shift is permissible. However, all days off must be inthe same two-week pay period. The shift supervisor must approve any relief day trades and theemployees involved must agree in writing that the employees are voluntarily working for anotherofficer and that there will be no overtime created because a person works more than forty-onehours and fifteen minutes ( 41'/ 4) in one week, or more than eight hours and fifteen minutes ( 8 '/ 4).Once an agreement is made, approved, and one officer works as scheduled, the other officer must

work as scheduled. Failure to report as scheduled will result in disciplinary action against theindividual that does not show up for duty as scheduled.

Trading from shift to shift that results in staff working a sixteen hour and fifteen minute ( 16'/ 4)day may be done only as follows: Work schedules for both employees involved must be in thesame two-week pay period and both shift supervisors must approve the arrangements.

Any employee failing to work or report for work will be disciplined by not being permitted toutilize this article for one-hundred and eighty ( 180) days for the first offense. Any subsequentoffense will result in the employee not being able to utilize this section for the remainder of thecontract.

An employee can be contacted to work overtime when off on an exchange day.

When evaluating employees times to determine overtime, schedules will be looked at as thoughno trades occurred. Trading shifts or relief days will not generate overtime for working morethan forty-one hours and fifteen minutes ( 41'/ 4) in a week or more than eight hours and fifteen

minutes ( 8'/ a) in a day. If the employee' s schedules are evaluated as though the trades did notoccur, and overtime is applicable, it shall be paid at the appropriate rate of pay as per Section 3of this Article.

The following will be the disciplinary schedule used for an employee who is late for a trade dayin addition to the tardiness provision of this collective bargaining agreement):

o First Occurrence No additional action

o Second Occurrence 60 day suspension of trading privileges

o Third Occurrence 180 day suspension of trading

o Fourth Occurrence 365 day suspension of trading

o Fifth Occurrence Suspension of trading for the duration of this contract

ARTICLE 6

SENIORITY - PROBATIONARY PERIOD

Section l: Seniority shall be jail-wide and shall be defined as the length of an employee' scontinuous service with the Prison. Length of continuous service shall be computed from the

date of hiring, subject, however, to the following provisions:

A. An employee' s continuous service shall be broken so that no prior period or periods of

employment shall be counted and his rights to seniority shall cease upon the following:

1. Voluntary termination of his employment.

2. Discharge for just cause.

3. Absence due to sickness or accident disability during probationary period.

4. When recalled after layoff, upon his failure to return to work within a period of

five ( 5) days after employee has received notification by certified mail to soreturn; provided, however, if the employee notifies the County within the said five5) day period that he is not immediately available for work, he shall be retained

on such list for a period of thirty ( 30) days. The County may, at its discretion,grant an extension. The County agrees to notify the Union of any such extensionsand the reason( s) for same.

5. Layoffs in excess of one ( 1) year. For layoffs of less than one ( 1) year, an

employee shall be credited with all time up to and including the date the layoff

commenced; however, no seniority shall accrue during the period an employee ison layoff.

B. When an employee whose continuous service has been broken by any of the above causesis again hired, he shall begin as a new employee of the County.

C. New full-time employees shall be regarded as probationary employees for the first sixmonths of their employment and shall not be entitled to seniority during that period.Upon completion of this period of six months, the seniority of such employees, ifretained, shall be effective as of the date of their hire. Probationary employees who have3 call offs during their probationary period shall be dismissed from employment.

D. Medical benefits will start at the first of the month following the successful completion ofan employees first three-months. All other benefits will start after the completion of an

employees' six-month probationary period.

E. Absence due to sickness or accident disability or other approved leave of absence shallnot constitute an interruption of continuous service.

Section 2: The names of all new employees subject to qualifications specified by Article I,Section 2 shall be furnished to the Union within the first thirty ( 30) days after the employee ishired.

Section 3: The County shall post on applicable bulletin board a seniority list showing theclassification and length of continuous service of each employee covered by this agreement andshall be updated as necessary. A copy of said list will also be furnished to the Union.

Section 4: Union stewards and officers shall have super seniority for purposes of layoff only.The order shall be the chair officers first, then stewards.)

Section 5: Every attempt shall be made to grant shift preferences to fill permanent vacancies on aseniority basis.

Section 6: For all purposes under this agreement, seniority ties ( i.e., two ( 2) or more employees

having the same seniority date) shall be resolved by utilizing the individual' s social securitynumber. Seniority shall be awarded to the individual with the highest social security number, asdetermined starting with the first digit.

ARTICLE 7

PROMOTIONS AND FILLING OF VACANCIES WITHIN CLASSIFICATIONS

Section 1: The promotional test and the percentage ( if any) assigned to those tests will be

determined by the County and included on the vacancy notification. When a vacancy exists, theCounty will post a notice of intent to promote, and employees that wish to apply for the vacantposition shall do so in writing. Interviews will be conducted by staff as assigned by the warden.

Selection will be based upon scores compiled by the Interview Board. The employee selectedmust establish the ability to perform the job during the first forty- five ( 45) days after havingassumed the position or opt to return, or be returned, by the County to the formally held position,without loss of seniority.

Section 2: Posting and Filling of Non- Sergeant Vacancies. When a vacancy occurs ( other thanfor temporary transfers) in the bargaining unit, the County will post notice of such vacancy for aperiod of five (5) days. The County will notify employees on leave of any vacancy.

Within ten ( 10) days from the end of posting period, the County agrees to award the position tothe most senior employee in the bargaining unit who bids on the position and who possesses thenecessary qualifications, skills and abilities to perform the job. The employee must establish thathe can perform the job during the first thirty (3 0) working days after having assumed the positionor opt to return or be returned by the County to his former job without loss of seniority.

Employees who wish to apply for the vacancy shall do so in writing. The County and the Uniondiscourage the costly practice of indiscriminate bidding for individual convenience or temporaryadvantage.

Section 3: Filling of sergeant vacancies within classification. When a vacancy within theclassification occurs ( other than for temporary transfers) in the bargaining unit, the county willpost notice of such vacancy for a period of at least five ( 5) days. The county will notifyemployees on leave of any vacancy. Within five ( 5) days from the end of the posting period, thecounty agrees to award the position to the most senior employee in the bargaining unit who bidson the position and who possesses the necessary qualifications, skills and abilities to perform the

job. The County and the Union discourage the costly practice in indiscriminate bidding forindividual convenience or temporary advantage.

Section 4: Nothing in this agreement shall be construed to mean that the County is obligated toassign a job or give a trial period to any applicant who is not qualified. Further, the Countyretains the sole discretion to fill or abolish any positions.

Section 5: The County shall either abolish or fill a vacant position within forty- five ( 45) days ofits occurrence ( except for temporary vacancies).

Section 6: If determined feasible by the County, when a temporary vacancy exists for a period ofthirty ( 30) days or more, resulting from an approved leave of absence, full-time employeeswithin the classification who prefer to work on the shift where the temporary vacancy exists shallbe permitted to transfer to said shift until the regular employee returns to work.

ARTICLE 8

LAYOFFS

Section 1: When, in the sole opinion of the County, it is necessary to reduce the working force ofthe County, employees who have not completed their probationary period shall be laid off first.

Section 2: Employees shall be given a minimum of two ( 2) weeks advance written notice the

circumstances that make the layoff necessary.

Section 3: Layoffs shall be in the inverse order of seniority.

Section 4: Employees shall be recalled in the reverse order of layoff to the positions for positions

for which they qualify.

Section 5: In all cases of layoff, an employee scheduled for layoff has the right to apply for, andshall be eligible in accordance with the seniority provision for, any job in his own classificationseries which is occupied by an employee with less seniority, provided the senior employee hasthe skill and ability to do the remaining job(s). This procedure shall be referred to as " bumping."

Section 6: In the event an employee is laid off, he may, upon request, receive payment forearned, but unused, vacation no later than thirty (30) days after layoff.

Section 7: The term " classification series" as used herein shall be defined as encompassing thenormal progression of increased responsibility such as Correctional Officer to Shift Supervisor.

Section 8: In the event an employee' s position is abolished, the affected employee shall be

retained on a County recall list for a period of one ( 1) year. The County agrees to mail a vacancyannouncement to any employee who is qualified to fill such vacancy in accordance with therequirements of Article 7, Promotions and Transfers, hereof, or, the Union may grieve if theCounty fails to mail a vacancy announcement to any employee who is qualified to fill suchvacancy in accordance with the requirements of said Article or fails to adhere to the procedurerequirements of bidding on vacancies as requested under Article 7, Section 4.

ARTICLE 9

HOLIDAYS

Section 1: The following will be observed as paid holidays for all employees covered in thisagreement and will be celebrated on the day on which the holiday occurs except for the 2Christmas Holidays which will be celebrated on the day determined by the County for otherCounty employees:

New Year' s Day Election DayGood Friday Veterans' DayMemorial Day Thanksgiving DayIndependence Day Day after ThanksgivingLabor Day Christmas Holidays (2 days)

If the county adopts an additional holiday for all County employees as described in the County

Personnel Policies of April, 2003, the Union shall have the option to add the declared holiday or

one personal day under Article 12.

Section 2: Holiday leave shall be granted only during the calendar year in which the employeebecomes entitled to it and shall be observed on the day it occurs.

Section 3: Employees required to work on any of the holidays specified in Section 1 will receivea total of two and one-half (2 '/ 2) times their regular rate of pay for all hours worked on saidholiday. An employee may, at his option, request time off in lieu of holiday pay for working on adesignated holiday listed in Section 1 above. The scheduling of said time shall be mutuallyagreed upon by the employee and the Warden. The scheduling of time off in lieu of holiday paywill be within 3 months of the holiday worked. Employees shall be paid at the appropriate rate ofpay if three ( 3) months expires and the employee has not used the time off in lieu of holiday pay.

Section 4: Any employee who begins his work shift on the holiday shall be considered to haveworked on said holiday. The employee must work four ( 4) or more hours of said shift to beeligible for holiday pay.

Section 5: When one of the holidays specified in Section 1 is observed during an employee' svacation, he shall be entitled to one ( 1) additional day of holiday.

Section 6: Any employee on sick leave on a holiday shall only be paid 8 hours if they have sickleave accrued.

Section 7: if the County adopts an additional Holiday for all County employees as described inthe County Personnel Policies of January, 1995, the Union shall have the option to add thedeclared Holiday or one personal day under Article 12.

ARTICLE 10

VACATION

Section 1: The County agrees to maintain the vacation policy throughout the term of thisagreement as set forth below. Employees shall be credited for vacation time starting from thedate they are placed on full-time status by the Salary Board.

A. 0- 1 Years of Service - 5 Vacation Days

B. 1- 5 Years of Service - 10 Vacation Days

C. 6 Years of Service 11 Vacation Days

7 Years of Service 12 Vacation Days









15 Plus Years of Service 20 Vacation Days

Section 2: Vacation time shall be earned on a bi-weekly basis for a total of 5 days during the firstyear of full-time employment status from the date of benefits probation status. Vacation shall beearned at the rate as per the schedule stated above for each full, 12- month period beginning and

ending on the employee' s individual anniversary date when benefits were received. Each

additional vacation day will be credited to the employee on his/her anniversary date ofcompletion of benefits probation.

Section 3: The posting period for vacation shall be December of the preceding year in whichvacations shall be taken. During this period, vacations shall be selected in accordance withdepartmental seniority. Employees may only schedule the amount of vacation that they will havein the next year. Once vacations are selected during the period, no employee can be displaced byanother employee. However, after December 31, when two ( 2) or more employees request the

same period and the County must limit the number of employees on the vacation, the most senioremployee( s) shall be given preference. Vacation days will be awarded no more than 10 days

prior to the requested day.

Section 4: If an employee is required to work during his/her vacation period and is unable toreschedule his/her vacation during the year when he becomes entitled to it, because of thedemands of work or when an employee becomes seriously ill preventing a scheduled vacation,then the employee shall be given ninety ( 90) days into the next calendar year in which to

reschedule said vacation period.

Section 5: Vacation leave may be taken in one ( 1) day amounts as long as the employee gives aone ( 1) week notice to his supervisor and provided that such request conforms with Section 3above.

Vacation leave may be taken in four (4) hour increments as long as the employee gives twenty-four( 24) hour notice to his/her supervisor and provided that such request is approved by the shiftsupervisor. Eight ( 8) hour blocks of leave, i. e. vacation, personal days and holidays, will

supersede all other hour( s). This is not for use in Article 10, Section 3.

Section 6: Any employee whose employment terminates shall receive pay for all earned butunused vacation days up to a maximum of fifteen ( 15) days. This section shall not apply to

employees who voluntarily terminate their employment without two ( 2) weeks written notice tothe County.

Section 7: Rate of vacation pay shall be the employee' s regular rate of pay in effect for theemployee' s regular job on the pay day immediately proceeding the employee' s vacation period.

Section 8: An employee may carry over a maximum of five ( 5) unused vacation days to thefollowing calendar year so long as the total accrual does not exceed thirty ( 30) days.

ARTICLE 11

SICK LEAVE

Section 1:

A. Full-time employees covered herein shall be granted ten ( 10) days of sick leave annually.Annual sick leave shall be earned at the rate of 1 day on the 15th of every month, exceptthe months of June and December, in which the employee will not receive any days.

Current employees may accumulate sick leave up to a maximum of seventy- five ( 75)days. Employees hired after the effective date of the Interest Arbitration Award may

accumulate sick leave up to a maximum of fifty (50) days.

B. Sick leave shall be granted when an employee is required to be absent from work becauseof:

1. Illness of employee.

2. Contact with or exposure to a contagious disease rendering the employee' spresence hazardous to fellow employees and residents of the prison.

3. Illness of a family member residing in the same household as employee.

Section 2: Sick days in excess of sixty ( 60) days may be purchased by the employer, at thediscretion of the employee, at a rate of fifty percent ( 50%) per day. Purchased sick days will becalculated at the employee' s regular rate of pay.

Section 3: Effective January 1, 2013, the following rules shall apply for an employee' s use ofsick leave, absent days and/ or an employee' s unauthorized absence. Prior to January 1, 2013, theparties shall follow the rules set forth in the prior CBA.

1. Employees with a documented life threatening illness will not be given anoccurrence" for non-paid days off, provided they have a doctor' s excuse for

the absence.

The County shall develop a form to be utilized for submission to the employee' sphysician that must be completed and signed by the employee' s physician, to

be submitted to the Warden for review and consideration.

2. Any other non-compensatory time off, including, but not limited to, failure toReport on time for a scheduled shift or leaving work prior to completion ofA scheduled shift, as calculated by a rolling twelve ( 12) month period, otherThan a leave of absence as per Article 13 or approved time off under the

FMLA, will be counted as an occurrence according to the schedule set forthBelow.

Absences Occurences

One or more Consecutive days 1

Absent, no call 1

Fourth Occurrence Written WarningFifth Occurrence Two Day SuspensionSixth Occurrence Subject to Termination

Late/Leave Early Occurences

Arrive Late I

Leave Early I

Leave Early prior to 4 hours worked I

Fourth Occurrence Written WarningFifth Occurrence 2 day suspensionSixth Occurrence Subject to termination

If the Employer has reason to believe that the absence in question was not the result

of a legitimate illness, the Employer may request written evidence, from a physician, that he orshe was examined by the physician in conjunction with the illness and which substantiates theneed for such absence. An employee who provides such a note shall be entitled to use available

sick leave. An employee who does not may be subject to discipline consistent with this section.

As of January 1, 2013 all employees shall have their number of total occurrencesreduced by 50% in light of the new attendance policy set forth above.

ARTICLE 12

ANNUAL DAYS

Section 1: Full-time employees shall be granted four ( 4) annual days in addition to those

heretofore authorized under Article 11, Section A. Said annual days shall be earned at the rate ofone- third ( 1/ 3rd) day for each full month worked, but may be taken in advance. Any full-timeemployee who has taken the annual day in advance and who then terminates their employment orotherwise enters non-compensable status prior to earning the full day, shall have their annual dayadjusted on a monthly pro rata basis, and any excess payment shall be deducted from their lastpay.

Section 2: These annual days shall be non-cumulative from year- to-year.

Section 3: A request for annual day leave shall be made no fewer than five ( 5) days in advance.Any such requests will conform to Article 10, Sections 3 and 5.

ARTICLE 13

PERSONAL LEAVES OF ABSENCE

Section 1: Full-time employees may be granted leaves of absence in accordance with theCounty' s Family Medical Leave Act Policy and the County' s Excused Absence Leave Policy. Ifan employee is granted a leave of absence without pay, he shall not lose his accrued seniority;however, he shall receive no seniority for the period of time of the leave.

Section 2: An employee who is absent from work without authorization shall be consideredabsent without leave and shall receive no compensation for the period of absence. In the event ofan unauthorized absence of three ( 3) days, unless a compelling mitigating circumstance exists,the employee automatically terminates his employment.

Section 3: The County agrees to notify the Union of all personal leaves granted and the reason( s)for granting same.

Section 4: The following violations of unpaid leave provisions shall be cause for discharge underthe terms of this agreement:

A. Failure to return to work as scheduled after an authorized leave.

B. Working elsewhere while on leave.

C. Falsifying a leave application.

Section 5: Service credit shall continue to accrue during paid leaves of absence provided by thisagreement, but shall not accrue during unpaid leaves of absence. However, the employee shall beentitled upon his return from leave of absence without pay to all service credits earned up to thedate his leave commenced.

Section 6: All requests for unpaid leave must be submitted in writing to the employee' sdepartmental head and shall be answered in writing. Requests for emergency-type unpaid leavesshall be answered before the end of the shift on which the request is made.

Section 7: Requests for any type of leave to which an employee is entitled under this agreementand which is not to exceed one ( 1) month shall be answered by the Employer within five ( 5)days. If the requested leave is in excess of one ( 1) month, the request shall be answered withinten ( 10) days.

Section 8: Any leave of absence, except maternity, military and a leave of absence for reason ofillness will be granted at the employer' s discretion. Employees may be granted leaves of absence

without pay at the sole discretion of the employer for any reason for a period not to exceed two2) years.

Section 9: Maternity leave shall be granted for a period of not more than four ( 4) monthsincluding Family Medical Leave time upon written request to the employer.

Section 10: Employees granted a leave without pay shall, upon request to return to work, bereturned to their same or comparable job, as long as they return within the prescribed timeapproved.

Section 11: After completing three ( 3) years of service, an employee may be granted a leave ofabsence without pay, at the sole discretion of the County, for educational purposes. Such leaveshall not exceed two (2) years and shall not be granted more than once every five ( 5) years.

Section 12: The County agrees to abide by the Family and Medical Leave Act.

Section 13: In all of the above sections, employees must exhaust all appropriate earned benefittime prior to going on any leave without pay.

ARTICLE 14

JOB SECURITY

Section 1: The County shall not discharge, suspend, demote, or discipline any employee withoutjust cause. In all cases involving the discharge, suspension or demotion of an employee, theCounty must immediately notify the employee in writing of his discharge or suspension and thereasons therefore. Such written notice shall also be given to the steward and a copy shall bemailed to the Local Union Office within two ( 2) working days from the time of the discharge,suspension or demotion.

Section 2: In the event an employee is so questioned about work performance that said

questioning could result in disciplinary action, union representation will be granted upon request.

Section 3: An employee may grieve a discharge beginning with Step 3 of the grievanceprocedure.

Section 4: This Article shall not apply to any employee who has not successfully completed thesix (6) month probationary period.

ARTICLE 15

FUNERAL LEAVE

Section 1: In the event of the death of a spouse, child or step- child, an employee, upon request,

will be excused a maximum of five (5) consecutive scheduled working days which shall includethe day of the funeral.

Section 2: When death occurs in the immediate family, an employee, upon notification to yoursupervisor, will be excused a maximum of three ( 3) consecutive scheduled working days, whichshall include the day of the funeral. Immediate family shall include parents, step- parents, brother,sister, parents- in-law, step-parents- in- law, grandparents, grandchildren, and any persons residingin the same household. These days must be used between the day of death and one day after thefuneral.

Section 3: In the event of the death of a step- grandparent, step- grandparent- in-law, grandparent-in-law, daughter- in- law, aunt, uncle, and great- grandparents, one ( 1) scheduled work day may beused for the day of the funeral.

Section 4: The County may, upon written request, for extenuating circumstances, and at its solediscretion, extend funeral leave with pay as provided for in this Article.

ARTICLE 16

WORK-RELATED DISABILITY

Section 1: An employee who sustains an injury on the job, as a result of which he is disabled ifso determined by a decision issued under the operations of the Workman' s Compensationprogram, shall be paid the difference between the monies to which he may be entitled underWorkman' s Compensation, Social Security, or other applicable disability benefits and his fullsalary for a period not to exceed thirty ( 30) days. Sick leave accumulation may be taken at theexpiration of the thirty ( 30) days to the extent of such accumulation if the disability continues. Ifbased on an IME, the employee cannot return to work, his employment status may be re-evaluated and he may be subject to separation.

ARTICLE 17

JURY DUTY

Section 1: Employees called for jury duty or subpoenaed to attend court in connection withCounty business or regarding work-related matters shall be granted a paid leave of absence whileattending court. Notification of court attendance must be given to the Warden in advance.Employees on jury duty or subpoenaed as a witness shall be compensated the difference betweentheir regular rate of pay and the amount received by them for court duty during the time they areserving in such capacity. Time thus paid shall not be counted as time worked for purposes ofdetermining overtime or premium pay.

ARTICLE 18

NON-DISCRIMINATION

Section l: Both the County and Union agree not to discriminate against any employee on thebasis of race, creed, color, national origin, age or sex, political affiliation, nonjob relateddisability, veteran' s status, the proper exercise by an employee of his rights guaranteed by thePublic Employee Relations Act Number 195, membership in the Union or Union activities.

ARTICLE 19

UNION BUSINESS

Section 1: With notification and approval from the Warden or his designee, the accreditedrepresentatives of the Union shall be permitted to enter the Prison premises during workinghours, with the provision that at no such time shall such visitation rights interfere with the workrequirements of any employee or the County. Approval shall not be arbitrarily denied.

Section 2: The Union shall have the privilege of using bulletin boards for the purpose ofinforming employees of Union meetings, functions, affairs, elections and informational items.

Section 3: Union representatives shall be permitted to use County facilities to hold Unionmeetings during non-working hours upon approval of the Board of County Commissioners.

Section 4: The County agrees to " meet and discuss" on policy matters affecting wages, hours,terms and conditions of employment, as well as the impact thereon, upon request by the Union inaccordance with the provisions of Act 195.

Section 5: One ( 1) Union officer, upon request, shall be given a maximum of five ( 5) days off

without pay to attend Union conventions.

Section 6: If an employee is elected or appointed by the Union, he shall be granted up to one ( 1)year leave without pay. If the employee does not return within the one ( 1) year period, he shallbe automatically terminated.

Section 7: A joint labor-management committee may be established for review of any problemareas which may arise under the provisions of this agreement. The Committee will periodicallymeet and will be composed of three ( 3) elected members from the bargaining unit defined inArticle I hereof, one ( 1) frill-time Union representative, and three ( 3) County representatives.This committee will meet at a time mutually agreed upon by both parties. Safety matters shall bedeemed a proper subject for labor-management meetings. The requesting party must submit awritten agenda three ( 3) days prior to the meeting date. The meetings shall be held quarterly andnot exceed two ( 2) hours in duration unless mutually extended. Grievances are not a propersubject for labor-management meetings.

ARTICLE 20

GENERAL PROVISIONS

Section 1: The County agrees to make reasonable provisions for the health and safety of allemployees covered in this agreement.

Section 2: The County agrees to abide by the state and federal statutes applicable to militaryleave.

Section 3:

A. Salary board actions for all matters brought before them shall be dated. Senioritycalculation shall be retroactive to the date of hire after completion of the six month

probationary period.

B. All training shall be paid at the appropriate rate of pay ( in accordance with Article V,Section 3) and shall be computed in the computation of overtime. Training includes bothin-house and off site training, as well as training attended on scheduled time off.

Section 4: The County will provide training at a State Certified Correctional Officers TrainingAcademy to all full- time employees within the first year of employment. Unsuccessful

completion of training will be grounds for dismissal of the employee.

Section 5: Employees shall notify the County of their current address and shall notify the Countyin writing of any changes thereof. The County may reply to the last address supplied to theCounty.

Section 6: The County agrees to abide by the Pennsylvania state laws applicable to Workman' sCompensation.

Section 7: The County agrees to abide by the state and federal regulations for maternity leave.

Section 8: When existing rules are changed or new rules are established, they shall be posted andmaintained on the work order board for a period of ten ( 10) consecutive work days.

A. Informing Employees. The employer further agrees to furnish each employee in thebargaining unit with a copy of all existing work rules thirty ( 30) days after they becomeeffective. New employees shall be provided with a copy of the rules at the time of hire.

B. Enforcing. Employees shall comply with all existing reasonable rules that are not inconflict with the terms of this agreement, provided the rules are uniformly enforced.

Any complaint involving discrimination, as that term is defined in Section 1 of this Article, in theapplication of any new or existing work rules, shall be resolved through the grievance procedure.

Section 9: The County agrees to provide sufficient copies of the Agreement to the Union.

Section 10: The County agrees to provide a shelter from the elements.

Section 11: All meet and discuss agreements will be attached to this contract upon execution of

each agreement.

Section 12: Tuition Reimbursement: All employees covered under this agreement will be

eligible for participation in and coverage under the County' s Tuition Reimbursement Programpolicy.

Section 13: Inclement Weather Policy: All employees covered by this agreement shall becovered under the county' s Inclement Weather Policy

ARTICLE 21

PERSONNEL FILE

Section 1: The county human resources department shall maintain the official employment file aspermitted by law for each employee to assure consistency in record keeping and compliance withapplicable laws. In addition, the supervisor may maintain a supervisor file containing a copy ofthe most recent performance evaluation, disciplinary records, performance goals, and otherobjective, job-related information.

Section 2: Individual personnel files shall be confidential. However, an employee shall have the

right to make such additions or responses to the material contained in his official personnel file

as he shall deem necessary, but he shall have no right to remove material from the file. Theemployee shall have no right of access to the official confidential pre- employment file.

Section 3: Employees may review their own employment file and may obtain a copy of, but notremove, documents in the file. Reviews by the employees must be requested to the HRDepartment and will be scheduled at a mutually convenient time and conducted in the presenceof a designated member of the HR Department. A reasonable charge will be made for any copiesof documents made for the employee.

Section 4: The union shall have access to the official employment file of an employee at a

mutually convenient time during regular office hours, after having given the HR Departmentreasonable notice and is first provided the express written permission of the employee; a copy ofwhich shall be furnished the HR Department at the time of the request.

Section 5: If the official personnel file is duly subpoenaed in accordance with law, the employeeshall be notified at the earliest possible time.

Section 6: Upon written request to the HR Department, an employee shall be furnished with a

copy of any and all material within the employment file. The cost of duplication shall be borneby the employee.

Section 7: The County may maintain a separate personnel file for each employee pertaining toinsurance and benefits, and medical documents of the employee as required by certain state andfederal laws and requirements.

Section 8: All written warnings, written reprimands shall remain in the employee' s personnel file

for a period of at least one year. Any and all other discipline of a more serious nature shallremain in the employees' file for a period of at least two ( 2) years. If no other disciplinary actiontakes place within the aforementioned time frames, and only upon written request of theemployee to the Human Resources Department, an action may be removed from the employees'file. Documents in the employee' s personnel file at the time of resignation or termination from

employment will remain a permanent part of the personnel file.

ARTICLE 22

UNIFORMS

Section 1: Each employee, after successfully completing the probationary period, shall receivefive ( 5) shirts and three ( 3) trousers, and a onetime payment of $ 200 for gear to start

employment. Thereafter, he shall receive replacements for worn or damaged clothing. In order toreceive replacements for any part of the uniform, the officer shall turn into the County the wornpiece of clothing when it is replaced. Replacements must be authorized by the County. The styleof the uniform shall be mutually agreed upon and the employees are required to adhere to theCounty uniform guidelines. Employees shall receive an annual payment of $ 100 on their

anniversary date for upkeep of their gear..

Section 2: The County shall provide disposable rubber gloves and appropriate pouch for holdingthe gloves to provide for employees' use.

Section 3: The County shall provide one winter jacket for all employees.

Section 4: Employees will be allowed to retrieve their county supplied jacket from their lockerbefore being required to go outside.

ARTICLE 23

GRIEVANCE PROCEDURE

POLICY: It is the policy of the County and Union to encourage a harmonious andcooperative relationship and to resolve employee grievances in accordance with fair and orderlyprocedures. Every effort should be made by both parties to see that grievances are processedpromptly and settled at the first level in the grievance procedure.

DEFINITION: A grievance is a dispute concerning the interpretation, application or allegedviolation of a specific term or provision of this agreement.

Section 1: An employee is entitled to select the Union or its accredited representative to

represent him during all steps of the grievance procedure. The Human Resources Director or hisdesignee shall be present and/ or involved during all grievance procedures.

Section 2: First Step - Deputy Warden. An employee with a grievance must file said grievance

within fifteen ( 15) days of its occurrence or knowledge thereof with the Deputy Warden whoshall attempt to resolve the grievance to the mutual satisfaction of the employee and management

within fifteen ( 15) work days of its presentation. The Deputy Warden shall report his decision tothe employee in writing. If the employee does not proceed with his grievance to the second stepwithin the time limits prescribed in the following subsection, and no extension of time is granted,the grievance shall be considered to be satisfactorily resolved.

Section 3: Second Step - Warden. If the employee is not satisfied with the disposition of his

grievance after discussion with the Deputy Warden, he may submit a written appeal to theWarden within fifteen ( 15) work days after receiving a decision at the first step. The Warden,within fifteen ( 15) work days after receiving the appeal, shall meet with the employee andsteward in an attempt to resolve the grievance. The Warden shall give the employee and steward

a written decision within fifteen ( 15) work days following the meeting. If the employee does notproceed with his grievance to the third step within the time limits prescribed in the followingsubsection, and no extension of time is granted, the grievance shall be considered to be

satisfactorily resolved.

Section 4: Third Step - Arbitration. If the Union is not satisfied with the disposition of his

grievance at the second step, they may appeal to arbitration within fifteen work days afterreceiving a decision at the second step. A request for arbitration may be initiated by the Unionserving upon the County a notice in writing of intent to proceed to arbitration. The notice shallidentify the agreement provision in dispute, the issue( s) to be determined and the employee oremployees involved. Upon receipt of a notice requesting arbitration, the parties shall meet toselect an arbitrator. If the parties cannot voluntarily agree upon the selection of an arbitrator, theyshall notify the State Bureau of Mediation of their inability to do so. Pursuant to Section 903. 1 ofAct 195, the State Bureau of Mediation shall then submit to the parties the names of seven ( 7)

arbitrators, who shall be members of the National Academy of Arbitrators. Each party shallalternately strike a name until one ( 1) name remains. The County shall strike the first name. Theperson remaining shall be the arbitrator.

A. The arbitrator shall have no authority to add to, subtract from or modify the provisions ofthis agreement in arriving at a decision of the issue or issues presented, and shall confinehis decision solely to the application and interpretation of this agreement. Subject to theparties right to appeal, the decision or award of the arbitrator shall be final and binding,with the provision that any decisions of the arbitrator or arbitrators requiring legislationwill only be effective if such legislation is enacted.

B. The costs of arbitration shall be shared equally by the parties. Each party shall bear thecost of preparing and presenting its own case.

Section 5: A grievance which affects a substantial number of employees or the dismissal,

suspension or demotion of any employee may be presented initially by the Union at step two ofthe grievance procedure. The Union shall designate one ( 1) spokesman to act as representative

for the group.

Section 6: A grievance may be withdrawn by the Union or the aggrieved employee at any time,and the withdrawal of any grievance shall not be prejudicial to the positions taken by the partiesas they relate to that grievance or any future grievance.

Section 7: Any individual employee or group of employees shall have the right at any time topresent grievances to the County and to have them adjusted without the intervention of the Unionas long as the adjustment is not inconsistent with the terms of this collective bargainingagreement, and provided further that the Union has been given an opportunity to be present atsuch adjustment. The County may notify an aggrieved employee ( with a copy to the Union) of itsdecision by certified mail sent to the employee' s last known address, and this shall fulfill thedecision notification requirements as set forth in any step of the grievance procedure describedherein. The decision to proceed to binding arbitration shall be controlled by Section 4 of thisArticle and rest with the Union

Section 8: Any employee designated by the Union as a steward will be permitted to leave hiswork area after reporting to his respective supervisor, and recording his time, for the purpose ofattending grievance meetings with the County in accordance with the grievance procedure. AUnion steward will be permitted to leave his work area during the regular working hours on hisshift when he is investigating or presenting a grievance to his supervisor signed by an employeewho made the complaint. Failure or refusal on the part of any such employee( s) to comply withany provision of this Article shall be cause for disciplinary action.

Section 9: The Union shall furnish the County with a written list of stewards, indicating thedepartment and shift to which each is assigned and, further, shall promptly notify the County inwriting of any changes thereof.

Section 10: The County shall furnish the Union with a written list of immediate supervisorsindicating the department and shift to which each is assigned, and, further, shall notify the Unionin writing of any changes thereof.

ARTICLE 24

WAGES AND BENEFITS

Section 1: Effective January 1, 2012, all currently employed, active employees shall receive athree percent ( 3%) increase to their base hourly rate.

Effective January 1, 2013, all employees shall receive a three percent ( 3%) increase to their base

hourly rate.

In addition, all employees will be eligible for a one ( 1%) cash bonus ( which will not

be included in the employee' s base salary) which will be paid in the last pay of January 2014. Inorder to be eligible, the employee must be a current employee on the date that the bonus is paidand there must have been 12% total reduction in the total overtime hours recorded by allmembers of the bargaining unit at the prison in 2013 as measured against the total overtimehours recorded by all members of the bargaining unit at the prison in 2012.

Effective January 1, 2014, all currently employed, active employees shall receive a three percent3%) increase to their base hourly rate.


be included in the employee' s base salary) which will be paid in the last pay of January 2015. Inorder to be eligible, the employee must be a current employee on the date that the bonus is paid

and there must have been 12% total reduction in the total overtime hours recorded by allmembers of the bargaining unit at the prison in 2014 as measured against the total overtimehours recorded by all members of the bargaining unit at the prison in 2013.

Effective January 1, 2015, all currently employed, active employees shall receive a three percent3%) increase to their base hourly rate.


be included in the employee' s base salary) which will be paid in the last pay of January 2016. Inorder to be eligible, the employee must be a current employee on the date that the bonus is paid

and there must have been 12% total reduction in the total overtime hours recorded by allmembers of the bargaining unit at the prison in 2015 as measured against the total overtimehours recorded by all members of the bargaining unit at the prison in 2014.

Section 2: A shift differential of$ 1. 00 shall be paid to employees working the second and thirdshift.

Section 3: All sergeants in the bargaining unit shall receive a $ 1. 00 increase of their hourly wageupon promotion.

Section 4:

A. The County shall offer each employee coverage under the health insurance plan used forthe remainder of the county. The county shall also pay 50% of the cost of the applicable

dependent coverage of full-time employees so enrolled. The parties agree to form a health

care committee to review health coverage options.

B. Full-time employees shall be entitled to money allotments to purchase insurance as perthe following schedule:

I. Individual coverage under the current plan, plus $ 350. 00 to purchase insurance.

2. Two person or family coverage under the current plan, plus $ 200.00 to purchase

insurance.

3. No coverage under the current plan, plus $ 1, 000. 00 to purchase insurance.

Section 5: Part- time employees shall be entitled to a money allotment of$ 375. 00 to purchaseinsurance through any of the County plans.

Section 6: The County agrees to purchase $ 20,000. 00 Group Term Life Insurance for all full-time employees who are regularly scheduled to work twenty (20) or more hours per week.

Section 7: Full-time employees hired prior to January 1, 1987 shall have the option of selectingthe new retirement ratio which is 1/ 60th. This would be an increase in the retirement benefitsratio which is 1/ 60th. This would be an increase in the retirement benefits.

Section 8: The County shall provide for reimbursement of essential personal property that isdamaged or destroyed in the line of duty. Essential personal property shall be defined aseyeglasses, wrist watches, or dental plates. The amount of reimbursement shall not exceed the

replacement value of the item up to a maximum of$ 150. 00.

Section 9: The County shall provide each employee with a statement of retirement account notless than once annually.

Section 10: An increment bonus will be paid to employees having 3, 7 and 13 years of service.The bonus will be 3% of the employee' s gross income between November 1 of the year

preceding the " anniversary year" and October 31 of the " anniversary year". The bonus will be

paid with the twenty- fourth pay-check of the year. An increment raise of 3% of an employee' s

hourly wage will be applied on the employee' s anniversary date for those employees who have 5,10, and 15 years of service. Those with more than 15 years of service will receive a onetime

only 3% increase ( employees who receive this one time increase prior to the 2012- 2015 contract

shall not be eligible to receive the increase again).

Section 11: Starting in the first quarter following this Award employees who have perfectattendance foe any quarter in which they were employed full-time shall receive a $ 150 bonus

which shall be paid by separate check and not rolled into base pay. Employees who have perfectattendance for an entire year shall receive an additional $ 150 bonus, which shall be paid byseparate check and not rolled into base pay, and one EDP day. Perfect attendance shall bedefined as working each complete shift ( including voluntary and mandatory overtime) for whichan employee was scheduled in any given quarter.

Section 12: A processing officer post shall be established for all three shifts. This officer will bechosen as described in Article 7, Section 1.

Section 13: A lobby officer post shall be established during normal business hours. The officerchosen will be the senior qualified officer.

Section 14: Any employee awarded a bid position in which the county utilizes Article 7, Section1, that employee shall receive an additional $. 50 per hour. Additionally, the lobby officer postwill receive a 1 time only $.50 per hour increase.

ARTICLE 25

LEGALITY

Section 1: The parties hereto specifically agree that it is their intent that this agreement, under allcircumstances and in every respect, shall comply with all applicable statutes, governmentalregulations and judicial decisions, and if it shall be determined by proper authority that thisagreement or any part thereof is in conflict with said statutes, governmental regulations orjudicial decisions, this agreement shall be automatically adjusted to comply with the referred-tostatutes, governmental regulations or judicial decisions.

ARTICLE 26

SEPARABILITY

Section 1: In the event any of the terms or provisions of this agreement shall be found invalid ordeclared unenforceable by reason of any federal or state statute, or federal or state directive, ruleor regulation, now in effect or hereinafter to become effective, or by reason of the decision ofany court having jurisdiction, such invalidity or unenforceability shall not affect or impair anyother terms or provisions hereof, unless the other terms or provisions are directly affected by thesection declared invalid or unenforceable.

ARTICLE 27

HEADINGS

Section 1: Any heading preceding the text of the several Articles hereof are inserted solely forconvenience of reference and shall not constitute a part of this agreement, nor shall they affect itsmeaning, construction or effect.

ARTICLE 28

GENDER AND NUMBER

Section 1: Unless otherwise provided herein, the masculine pronoun shall import the feminine,

the singular number shall import the plural and vice versa, as applicable.

ARTICLE 29

DURATION

Section 1: Pursuant to the requirements of Act 195, this agreement shall be binding upon theparties hereto, their successors and assigns, from January 1, 2012 to and including December 31,2015, and thereafter from year to year except that either party may notify the other by certifiedmail on or before July 1, 2015 of its desire to modify or terminate this agreement.

AFSCME, DISTRICT COUNCIL 89 FRANKLIN COUNTY

FRANKLIN COUNTY POST-EMPLOYMENT HEALTH CARE POLICY

TO PROVIDE MEDICAL INSURANCE TO CORRECTIONAL OFFICER

RETIREES & SPOUSES

The following policy is established to govern the practice of providing medical insurancecoverage for Correctional Officer retirees from Franklin County service.

Definitions:

Medical Insurance - The County' s current medical insurance coverage as mandated by thecontract between the County and insurance carrier for retirees. No Flexible Benefits are includedin retirees' medical insurance coverage.

Retiree - A former County Correctional Officer who is receiving monthly retirement paymentsfrom the County Employee' s Retirement Fund.

Spouse - Any individual who has been legally married and continues to be legally married to aformer County Corrections Officer during the former Corrections Officer' s retirement. Widowsand widowers shall be considered spouses.

Work Year - Prom January 1 through December 31 in which the Correctional Officer works atleast 1000 hours.

Current Corrections Officer - A Correctional Officer that is employed on the date this policy wasadopted.

The intent of this policy is to provide insurance coverage to retired Corrections Officers, age 60or over, and spouses, age 65 or over.

Current County Correctional Officers with fifteen ( 15) years of service as of January 2, 1996 willbe eligible to receive seventy- five percent ( 75%) County paid Post-Employment Health CareBenefit coverage for the Correctional Officer and fifty percent ( 50%) County paid Post-Employment Health Care Benefit coverage for their spouse upon their retirement and receivingretirement payments from the County pension fund.

County Correctional Officers may participate in the County' s medical health care benefits on ase 1 f-paid basis after retirement.

For a retiree to obtain seventy- five percent ( 75%) paid coverage of medical insurance the

correctional officer must meet the following criteria. The retiree' s spouse will have fifty percent50%) paid coverage.

1. Correctional Officer must be sixty( 60) years of age.

FRANKLIN COUNTY POST-EMPLOYMENT HEALTH CARE POLICYTO PRO VIDE MEDICAL INSURANCE TO CORRECTIONAL OFFICER

RETIREES & SPOUSES

Continued)

2. Correctional Officer must have worked for eight ( 8) years. A work year consists

of 1000 hours from January 1 through December 31.

3. When the Correctional Officer dies, the spouse ( age 65 or over) may continuecoverage at fifty percent ( 50%) paid coverage, if the spouse continues to receive

retirement payments.

For a retiree to obtain one hundred percent ( 100%) paid coverage of medical insurance, the

Correctional Officer must meet the following criteria. The retiree' s spouse will have fifty percent50%) paid coverage.

1. Correctional Officer must be sixty( 60) years of age.

2. Correctional Officer must have worked for twenty (20) years. A work year

consists of 1000 hours from January 1 through December 31.

3. When the Corrections Officer dies, the spouse ( age 65 or over) may continuecoverage at fifty percent ( 50%) paid coverage, if the spouse continues to receive

County retirement payments.

If, at any time, County retirement payments are discontinued to the retiree or the retiree' s spouse,the retiree and/or the retiree' s spouse is not eligible for County medical insurance. Medicalinsurance will only be provided to those individuals who are receiving retirement benefits.

All retirees entitled to County paid medical insurance must enroll in the appropriate insuranceplan provided by the company with which the County has its medical insurance contract at thetime of eligibility for benefits,

The Board of Commissioners reserves the right to terminate or amend this policy, at any time,

without liability to any person who may be affected by such termination or amendment. NoCorrectional Officer or retiree shall have any vested right to the continuation of this policy or tohave the same continued without charge.

For a Correctional Officer who retirees before the age sixty ( 60), medical insurance will not be

available until said Correctional Officer reaches age sixty (60).

Any County Correctional Officer retired prior to January 2, 1996 shall be eligible for medicalinsurance as set forth in the post-employment health care policy passed by the Board ofCommissioners on December 19, 1986. Any County Correctional Officer retiring after January3, 1996, but before January 15, 1998, shall be eligible for medical insurance set forth in the

AFSCME and Franklin County Bargaining Agreement 2012-2015

Documents

Transcript of AFSCME and Franklin County Bargaining Agreement 2012-2015