Collective Bargaining Agreement between Local 509 SEIU and Delta ... · PDF fileCollective...

Collective Bargaining Agreement between

Local 509 SEIU

and

Delta Projects, Inc.

July 1, 2014 – June 30, 2017

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Table of Contents

Preamble………………………………………………….. 3 1. Purpose of Agreement……………………………………3 2. Respect and Dignity ………………………………………3 3. Recognition………………………………………………. 3 4. No Discrimination………………………………………… 4 5. Personnel Files…………………………………………… 4 6. Seniority…………………………………………………… 4 7. Labor Management Committee………………………… 4 8. Training and Certifications……………………………… 5 9. Union Security, Dues and Voluntary Deductions…….. 5 10. Union Business…………………………………………... 7 11. Probation………………………………………………….. 8 12. Management Rights……………………………………... 8 13. Discipline and Discharge………………………….......... 8 14. Grievance and Arbitration……………………………….. 9 15. Overtime and Open Shifts ..……………….…………….11 16. Call-In Rate of Pay………………………………………..13 17. Transportation …………………………………………….13 18. Reimbursement …………………………………………..14 19. Wages .…………………………………………………….14 20. Employee Benefits .………………………………………16 21. Vacancies, Postings, Transfers and Schedules .……...17 22. Reduction in Force………………………………………..17 23. Health and Safety…………………………………………18 24. Leaves of Absence………………………………………..19 25. Bereavement Leave ..……………………………………19 26. Jury Duty …………………………………………………..20 27. Military Leave …..…………………………………………20 28. Sick Leave ………………………………….……………..20 29. Earned Time ………………………………………………21 30. Holidays ………………………………………………...…22 31. Staffing………………………………….………………….23 32. Job Descriptions ……………………………………….....23 33. Maintenance of Properties…………………………...…..23 34. Intake……………………………………………………….24 35. Nepotism-Fraternization …………………………...…….24 36. Cell Phones……………………………………………. …24 37. Investigation……………………………………………….24 38. Immigration...……………………………………………...25 39. Scope of Contract………………………………...……....26 40. Legal Conflicts …………………………………………..27 41. Strikes and Lockouts…………...………………………...27 42. Duration ………………………..……………….…….......27 MAP Memorandum of Understanding ...……………..........Appendix A

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Preamble Agreement effective this 22nd day of August 2014 by and between Delta Projects, Inc., hereinafter called “Employer and Service Employees international Union, Local 509, hereinafter called the “Union”.

Article 1 – Purpose of Agreement The purpose of this Agreement is to promote good relations between Delta Projects, Inc, including all its managers and staff, and the Union, including all bargaining unit members, and to make clear the basic provisions upon which such relations depend. It is the intent of the parties to come together to provide and maintain mutually satisfactory terms and conditions of employment and to prevent as well as adjust misunderstandings or grievances relating to employment. To that end the Employer and the Union agree to keep lines of communication open and the Union agrees to encourage bargaining unit members to pursue internal solutions when dealing with safety, staffing and other job related concerns. The Employer including all its managers and staff, and the Union, including all bargaining unit members, agree that the mission of the Agency and therefore the duty of employees is to protect and promote the rights of the individuals we serve. Each employee, as a condition of employment, is a Mandated Reporter – legally required to report any instance or suspected instance of abuse or neglect of an individual served.

Article 2 – Respect and Dignity The Employer and the Union agree that all employees, supervisors, managers and individuals we serve must be treated with dignity and respect.

Article 3 – Recognition The Employer recognizes the Union as the exclusive bargaining representative of its employees in the bargaining unit set forth in the Certification of Representative NLRB RC – 22416 including all full time and regular part time nonprofessional employees and excluding all other employees, office clerical employees, professional employees, guards, and supervisors. Definitions: Wherever the word “employee” is used in this Agreement it shall apply only to the employees covered by this Agreement and not to any of the excluded employees and none of the provisions of this Agreement shall apply to the excluded employees unless so stated. “Masculine Pronouns” will apply to both the masculine and feminine gender, unless the context clearly indicates otherwise. Full time Employees are those employees regularly scheduled to work thirty-two (32) hours or more each week. Regular Part-Time Employees are those employees regularly scheduled to work eight (8) hours or more but less than thirty-two (32) hours each week.

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Article 4 – No Discrimination There shall be no discrimination, restraint or coercion by either the Employer or its representatives or the Union or its representatives against any employee because of his or her membership or non-membership and participation or non-participation in the Union or its activities. The parties agree that neither shall discriminate against any employee on the basis of race, sex, religion, age, national origin, physical or mental disability, sexual orientation, or veteran status and in addition neither party shall sexually harass – as that term is defined under applicable law – any employee. It is the intent of the parties to avoid unnecessary litigation of disputes in multiple forums and to encourage the consolidation or proceedings into a single forum.

Article 5 – Personnel Files Upon written request, the Employer agrees to allow employees reasonable access to their individual personnel records/files during normal business hours but such files may not be taken out of the office area. All materials contained in said files will be treated as confidential and will not be released absent written employee authorization or where required by law, subpoena or court order. An employee who makes a written request for a copy of his/her personnel records will be allowed one copy free of charge, and charged a reasonable copying fee for any additional copy(s). An employee shall have the right to comment, in writing on anything placed in his/her personnel file and have such comment inserted into the file. Employees shall receive a copy of any material placed in their personnel file.

Article 6 – Seniority 1. Definition of Seniority. Upon completion of his/her probationary period an

employee’s seniority, unless otherwise specified in this Agreement, is defined as his/her length of continuous employment in a bargaining unit position from his/her most recent date of hire.

2. Loss of Seniority. An employee’s seniority will be lost upon resignation, discharge for just cause, failure to return from an authorized leave and/or failure to accept recall as described in Article 22.

3. An employee who is rehired into a bargaining unit position within 12 months of his/her resignation will have his/her former seniority restored.

Article 7 – Labor-Management Committee For the purpose of discussing matters of mutual interest and concern, the parties agree to establish a Labor-Management Committee that will consist of no more than four (4) Union stewards and four (4) members of management unless mutually agreed. The Committee will serve in an advisory capacity and meet at the request of either party, but not more than four (4) times each year unless mutually agreed. The Party requesting the meeting must submit a written agenda no less than five (5) business days prior to the meeting. Meetings will be scheduled at a mutually convenient time and up to four (4) union stewards may attend with no loss of pay.

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Article 8 – Training and Certification 1. Each employee is responsible to maintain the certification necessary for

his/her assigned position and completing required trainings. Upon hire, employees will be informed of such required trainings, certifications and timelines, and a complete listing will be available at Human Resources. Annually thereafter, but not less than sixty (60) days prior to the expiration of a required certification, the Employer will provide written notice to each employee of the expiration date of any certification/training necessary for his/her assigned position and each employee assumes full responsibility for maintaining such certifications and completing such trainings. The Employer reserves the right to determine which trainings and certifications are mandatory for each position. In the event that management determines to add to or change the mandatory trainings or certifications for a position the Employer shall notify the union and upon request negotiate over the impact of the change.

2. An employee who fails to maintain Certification(s) necessary for his/her assigned position and/or satisfy each training mandate in a timely manner will be placed on an unpaid leave of absence for up to forty-five (45) days or the date of the next scheduled training/test, during which time he/she must be available for any needed training and/or other certification requirements. Prior to the commencement of the unpaid leave of absence, the Employer will notify the Employee and Union of the situation and the parties will meet within a reasonable period of time to assure that the employee understands his/her responsibilities. An employee placed on such unpaid leave will not accrue seniority or earned time or benefits of any kind. An employee who fails to pay his/her portion of the cost any benefits within five (5) business days of the commencement of the leave will be removed from such programs. An employee who fails to complete mandated training programs and/or produce required certifications within the above-mentioned time period will be considered to have resigned his/her position.

3. Employees are required to attend and participate in all mandatory training programs offered by Delta as directed, and will suffer no loss of pay for such attendance. In the event that an employee is scheduled to attend a training program outside of his/her regularly scheduled hours, the employee will be paid at his/her regular rate of pay for time spent at the training program. The Employer reserves the right to reduce and/or change an employee’s regularly scheduled hours to accommodate training program schedules. The employer will pay the cost of mandated training that is directly sponsored/offered by Delta. If after three (3) attempts an employee fails to satisfactorily complete, pass or meet such a training or certification requirement, he/she may be held responsible for the full cost of any additional training/certification. Absence due to a verifiable illness or bereavement will not count as an attempt.

Article 9 – Union Security, Dues and Voluntary Deductions 1. All present employees included in the certified bargaining unit on the effective

date of this Agreement shall as a condition of continued employment, within thirty (30) calendar days after the execution of the Agreement acquire and maintain membership in good standing in the Union for the duration of the

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Agreement and tender to the Union the periodic dues uniformly required as a condition of membership or pay an agency service fee, as that term is understood, to the Union in lieu of Union membership. Each new employee covered by this Agreement, hired after the effective date of this agreement shall as a condition of employment, within thirty (30) calendar days after the date of hire, acquire and maintain membership in good standing in the Union and tender to the Union the periodic dues uniformly required as a condition of membership or pay an agency service fee, as that term is understood, to the Union in lieu of Union membership. In the event an employee covered by this Agreement refuses and fails to become a Union member or to tender to the Union the periodic dues that are obligations of members or to pay to the Union an agency service fee, the Employer shall, immediately upon written notice from the Union, suspend without pay said employee’s employment for up to two (2) weeks or until said employee comes into compliance with this Article, whichever comes first. If the employee does not come into compliance with this Article by the end of the two (2) week period than the Employer shall terminate said employee’s employment.

2. The Employer will notify newly hired employees covered by this Agreement that the Union is the exclusive representative of bargaining unit employees for the purposes of collective bargaining and provide each with a copy of this Agreement, supplied by the union. The Employer will notify the Union each month of the names of newly hired employees, their home addresses, current work locations, date of hire, job title/classification, hours per week and rate of pay. The Employer will notify the Union each month of the names of terminated employees and dates of termination.

3. The Employer agrees to deduct Union dues, and/or agency service fees from the pay of employees who voluntarily authorize such deductions by submitting the appropriate signed authorization to the Employer. If an Employee wishes to revoke his/her dues or agency service fee deduction authorization, the Employee may do so by providing written notice to the Union and Employer. Monthly deductions shall be made in the amounts certified by the Union as those uniformly required as a condition of acquiring or maintaining membership, or satisfying an Employee’s agency fee obligations, and shall be made in accordance with the terms of said authorization. The Employer agrees to remit to the Treasurer of the Union all such authorized deductions no later than the end of the calendar month following the month in which the deductions were made. Included with the check will be a list of each employee whose dues and/or agency service fee were deducted along with their job classification/title, gross pay for the period, hours worked and amount deducted.

4. The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken or not taken by the Employer in reliance upon written authorization of the employees or written statements by Union representatives or for the purpose of complying with this Article. The Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union agrees that it will indemnify and hold

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harmless from any claim, actions or proceedings by any employee arising from deductions by the Employer hereunder. Once deductions are remitted to the Union, it is understood and agreed that their disposition thereafter shall be the sole and exclusive obligation of the Union. Any action taken by the Employer for the purposes of complying with this Article is not subject to recourse under Article 15 Grievance and Arbitration.

Article 10 – Union Business 1. Within thirty (30) calendar days of the execution of this agreement, the Union

shall furnish to the Employer a complete list identifying the Union Representatives, Elected Officials and Shop Stewards responsible for fulfilling the union’s statutory obligations and exercising its statutory rights at Delta Projects, Inc. The Union further agrees this list shall be updated as necessary to reflect changes. The employer shall not be required to recognize or deal with union representatives, shop stewards and/or elected officials whom the union has not previously identified to the employer in writing.

2. With the exception of an investigatory meeting where a Bargaining Unit member requests to exercise his/her Weingarten Rights and up to fifteen minutes with the authorization of a steward’s ADS to investigate a grievance or potential grievance filed under the terms of this agreement, the Employer is not responsible for any time spent by Union Stewards on duties and activities associated with their positions as Union Stewards.

3. Union Representatives and Shop Stewards will conduct no union business at the Employer’s facilities and/or at any location with employees who are on work time except as provided in this agreement or with prior approval of the Employer. There will be no Union meetings at any Employer facility, property or in any vehicle being used to transport individuals without the approval of the Employer.

4. Bulletin Boards. The Employer shall provide space for Union bulletin boards or notebooks as appropriate at each work location for the exclusive use of the Union.

5. Union Orientation. The Employer agrees to allow one union steward or one representative up to thirty (30) minutes, at Agency orientations if possible, to speak with new hires about the Union. Such time shall be unpaid.

6. Conventions and Assemblies. Unpaid time off shall be granted for up to five (5) union stewards to attend steward trainings and SEIU Local 509’s Stewards assembly. The Union will provide no less than twenty-one (21) days notice.

7. Special Union Activities Leave. The Employer shall grant up to ten (10) employees unpaid time off for the purpose of participating in special union activities. Such leave shall be granted once per fiscal year and shall not exceed a single shift. The Union shall give the Employer at least twenty-one (21) days notice of the date of the special union activity. Such leave shall be subject to minimum staffing requirements. The Employer may use non-bargaining unit staff to cover programs for the purpose of granting such leave and shall do so to the extent reasonably possible.

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Article 11 – Probation 1. The first one hundred and twenty (120) days of employment in a bargaining

unit position will be considered an employee’s probationary period. 2. During his/her probationary period, a probationary employee may be

disciplined or discharged without recourse to the grievance procedure. 3. During this probationary period an employee’s transfer, promotion, discipline

and/or discharge will be at the sole discretion of the Employer. 4. Upon successful completion of the probationary period, employees shall be

accorded seniority status computed as of their most recent date of employment in a bargaining unit position.

Article 12 – Management Rights Except as expressly modified or restricted by a specific provision or provisions of this Agreement the Union recognizes the right of the Employer to manage the business and direct the working force; hire employees of its own selection; maintain order and efficiency; extend, maintain, curtail or terminate its operations; determine the size and location of its facility or facilities; determine the type and amount of equipment used and the assignment of work; transfer employees; discipline, suspend or discharge employees for just cause; lay off for lack of work; determine the number of shifts, the number of days in the work-week, the hours of work and the number of persons to be actively employed by the Employer at any one time; establish, post and require employees to observe reasonable rules and regulations; determine the methods and schedules of all services to be performed, including the means and processes of such services; set standards of conduct, productivity and performance; subcontract work; permit supervisor, temporary employees and outside Agency employees to perform bargaining unit work; and in general to determine what work should be performed as well as when, where, how and by whom such work shall be performed. These enumerated rights of management are not all inclusive.

Article 13 – Discipline and Discharge 1. Both the Employer and the Union subscribe to the just cause standard for

employee discipline. 2. Written reprimands and notices of disciplinary action shall be delivered by

hand in private to employees who will sign an acknowledgment of receipt. If this is not practical then the notice shall be delivered by inter-agency mail. Copies of notices of suspension and discharge only shall be faxed or sent to the Union Representative within seventy-two (72) hours of such action.

3. After eighteen (18) months written reprimands and notices of discipline, except for abuse or neglect of an individual served and/or an illegal act, shall be removed from an employee’s file and cannot be used as part of disciplinary procedure provided such employee has not received any additional discipline, for the same or similar conduct during those eighteen (18) months.

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Article 14 – Grievance and Arbitration 1. For the purposes of this Agreement, a grievance is a difference or dispute

between the Employer and the Union, an Employee, or group of employees, concerning the interpretation, application or a claimed violation of any of the provisions of this Agreement and the following shall be the exclusive method for the presentation and settlement of grievances.

2. A grievance may only be filed by the adversely affected employee covered by this Agreement.

3. A grievance shall be considered in accordance with the following grievance procedure except that no grievance shall be considered which has not been presented at and in accordance with Step 1 of this Grievance Procedure within 14 calendar days after the grievant knew or had reason to know of the incident giving rise to the grievance, whichever is sooner; provided, however, that in the case of termination or suspension the Grievance may be submitted at the first instance in accordance with Step 3 below, and in the case of a group or class action grievance, the grievance may be submitted at the first instance in accordance with Step 2 below.

Step 1: the parties are encouraged to attempt to resolve grievances informally prior to putting them in writing. The Union Steward may be present at Step 1. Notwithstanding this, the Grievance must be signed by the grievant(s) and presented to the Employer in writing within the time period set forth above. The Grievance must state the contract provisions(s) alleged to have been violated and the specifics of the alleged violation. The Employer shall answer the Grievance, in writing, within ten calendar days. Step 2: If the Grievance is not resolved at Step 1, the Grievance must be

presented in writing to the Employer within ten calendar days after the Employer’s response to the grievance at Step 1 or the date on which the response was due, whichever is earlier. The Employer may hold a meeting on the grievance within ten calendar days after receiving it. The Employer shall answer the grievance, in writing, within ten calendar days after the meeting, if held, or after receipt of the grievance if no meeting was held.

Group or “class action” grievances may be presented at step 2 and must be signed by the grievant(s) and presented to the Employer within 14 calendar days after the grievants knew or had reason to know of the incident giving rise to the grievance, whichever is sooner. Step 3: If the Grievance is not resolved at Step 2, the Grievance must be

presented in writing to the Employer within ten calendar days after the Employer’s response to the grievance or the date on which the response was due, whichever is earlier. The Employer may hold a meeting on the grievance within ten calendar days after receiving it. The Employer shall answer the grievance, in writing, within ten calendar days after the meeting, if held, or after receipt of the grievance if no meeting was held.

Grievances concerning disciplinary suspensions and terminations may be initiated at this Step 3 but must be signed by the grievant(s) and presented

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to the Employer within fourteen (14) calendar days after the termination or suspension. Step 4: If the grievance is not resolved at Step 3, it must be referred to

arbitration by the Union within thirty (30) calendar days after receipt of the Employer’s response or date on which that decision was due, whichever is earlier. A demand for arbitration must be served in writing by the Union simultaneously on the American Arbitration Association (“AAA”) and the Employer within this period and must specify the specific contract Article(s) and section(s) allegedly violated as a condition for processing the demand. An issue of arbitrability must be raised by written notification to the other party within ten (10) calendar days of receipt of the demand for arbitration, and the Arbitrator subsequent to his/her selection and at least thirty (30) days prior to any scheduled hearing shall determine whether or not to schedule a separate hearing to consider the issue of arbitrability only. Arbitrability issues raised in contravention of this procedure shall be deemed waived and under no circumstances may an arbitrability issue be raised for the first time at a hearing scheduled to decide a case on the merits. Any hearing on arbitrability shall be conducted according to the American Arbitration Association’s rules on expedited arbitration. If the Arbitrator determines that the grievance is not arbitrable, the grievance shall be denied and it shall not be processed any further. If the Arbitrator determines that the grievance is arbitrable, then a hearing shall be held for the Arbitrator to consider the merits of the grievance. The Arbitrator shall have the authority only to settle disputes arising under this Agreement concerning the interpretation and application of specific contract Article(s) and Section(s) allegedly violated and involving the facts of the particular grievance presented to him or her. The Arbitrator cannot amend, alter or modify the Agreement. The Arbitrator shall have no power to engage in any form of interest arbitration unless mutually agreed in writing. Only one grievance may be submitted to and decided during a particular arbitration, unless mutually agreed in writing. The Arbitrator must render his or her decision within thirty (30) calendar days after the conclusion of the hearing or the submission of briefs, whichever is later. The decision of the Arbitrator shall be final and binding upon the grievant, the Employer and the Union. The cost of the arbitration assessed by the AAA and the fees of the Arbitrator shall be borne by the party against whom judgment is found. 4. For purposes of this Article: Step 1 grievances shall be presented to the Director of Supports Step 2 grievances shall be presented to Human Resources; and Step 3 and 4 grievances shall be presented to the Chief Executive Officer or his/her designee.

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5. Failure of an employee or the Union to meet any time deadline at any step of this Grievance Procedure shall constitute a waiver of the grievance and no further action may be taken on it. Time is of the essence, but any time limits in this Grievance Procedure can be mutually waived in writing.

6. A grievance concerning the interpretation or application of the Agreement initiated by the Employer may be submitted to arbitration within thirty (30) calendar days after written notification to the Union. The Demand for Arbitration must be served in writing by the Employer simultaneously on the American Arbitration Association “AAA” and the Union.

7. Grievance meetings shall be held at a time convenient to both parties. When grievance meetings take place during an Employee’s work time, the Employer shall pay for time actually and necessarily lost by the aggrieved Employee involved in the grievance meeting.

Article 15 – Overtime and Open Shifts 1. Employees will be paid at the rate of time and one-half (1 ½ ) his/her regular

hourly rate for all hours assigned and actually worked in excess of forty (40) hours in any work week. The fluctuating workweek/compensation agreement is no longer available as a payment option. Employees currently working under this arrangement will be transitioned to “time and one-half (1 ½) over 40 hr/wk” within thirty (30) days of execution of this Agreement.

2. Consistent with the nature of the work and operational needs as determined by the Employer, overtime will be distributed as equitably as practical among qualified employees in the classification and program in which the overtime work is required taking into consideration the availability of employees. An employee’s choice of pay options will not affect the distribution of overtime, extra shifts or the number of hours that the employee is normally scheduled to work.

3. Overtime/extra shifts shall be offered to bargaining unit members as detailed in this Article before being filled by relief agency staff.

4. The Employer shall make reasonable good faith efforts to avoid involuntary overtime. Employees shall not work more than 24 hours overtime in a work week without the approval of the Director of Supports/designee.

5. Consistent with the nature of the work and operational needs as determined by the Employer, open shifts will be distributed as equitably as practical among qualified employees in accordance with the following process. a) Any employee interested in working extra shifts will notify the Employer of

the days, times and locations he/she is available to work by completing and submitting an Extra Shifts Availability Form, which will include work site locations and necessary qualifications. Employees should limit the number of sites they sign up for to no more than five (5) sites in addition to those supervised by the Coordinator of their home Department. The Employer will compile a list from the submitted Forms. Each employee is responsible for updating his/her availability by resubmitting an Extra Shifts Availability Form and advising Coordinators of temporary adjustments in availability.

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b) An employee who refuses three (3) offers or fails to return three (3) calls in a thirty (30) day period will be removed from the list and excluded from extra shift assignments for the next six (6) months. An employee who no-calls/no-shows an accepted shift will be removed from the list and excluded from extra shift assignments for the next six (6) months, and may be subject to discipline. A grievance concerning an employee’s removal from the list may be initiated and considered at Step 2 only, is restricted to whether or not the employee refused three (3) offers or failed to return three (3) calls in a thirty (30) day period and may not be moved to Step 3 and/or Step 4/Arbitration.

c) An employee under consideration for an open shift at a site other than his/her home department, must get approval, which will not be unreasonably denied, from the coordinator of his/her home department before accepting the shift. Once approved by his/her coordinator to work, the employee must accurately disclose the total number of hours he/she has been scheduled to work to the coordinator seeking to fill the shift. Employees already scheduled to work 64 hours in a week will not be scheduled to cover additional shifts unless no other employee can cover the shift and the CEO/designee has approved of the shift.

d) An employee who inaccurately reports his/her hours to the coordinator seeking to fill the shift and as a result is scheduled and works hours in excess of 64 without approval, may be subject to discipline and will be removed from the list and excluded from extra shift assignments for the next six (6) months. A grievance concerning an employee’s removal from the list may be initiated and considered at Step 2 only, is restricted to whether or not the employee inaccurately reported his/her hours and may not be moved to Step 3 and/or Step 4/Arbitration.

e) The employee’s removal from the list will not be subject to the grievance procedure.

7. Planned Open Shifts are open shifts known one (1) week or more in advance. Planned Open Shifts will be offered as follows: a) Planned Open Shifts will be regularly posted at site on a date certain,

which will be communicated in advance to employees regularly assigned to work at the site.

b) Employees regularly assigned to work at the site will have twenty-four (24) hours from the posting date to sign-up for posted open shifts. Sign-up can be in writing, email, text, telephone or voice-mail to the Coordinator. Employees will be notified of which open shifts they’ve been assigned to within forty-eight (48) hours following the twenty-four (24) hour sign-up period.

c.) Open shifts will be offered on a rotating basis with a goal of offering each employee regularly assigned to work at the site an equal opportunity to work open shifts.

d) Open shifts remaining after the twenty-four (24) hour period will be offered on a rotating basis to employees in sites supervised by the Coordinator who are on the list described in #6 a) above.

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f) Open shifts remaining after Step d above will be offered on a rotating basis to employees, company-wide, who have identified the site as a location they are available to work at on the list described in #6 a) above. The Employer shall make reasonable efforts to distribute the extra shifts evenly among such employees.

g) Any remaining open shift may be filled at the discretion of the Employer including but not limited to the use of a relief staffing agency.

8. Unplanned Open Shifts are open shifts that the Employer becomes aware of less than one (1) week in advance. Unplanned Open Shifts will be offered as follows: a) Unplanned Open Shifts will be first offered to employees regularly

assigned to work at the site on a rotating basis beginning with employees who are presently working when the Employer first becomes aware of the opening, provided that those staff are not coming off a double shift.

b) If the shift remains open after Step a) above, it will be offered on a rotating basis to employees in sites supervised by the Coordinator who have identified the site as a location they are available to work at on the list described in #6 b) If the shift remains open with less than two (2) hours remaining before the start of the shift, the Coordinator may fill it with any employee, companywide, who has identified the site as a location they are available to work at on the list described in #6 a) above. The Employer will make reasonable efforts to distribute the extra shifts evenly among such employees.

c) Any remaining open shift may be filled at the discretion of the Employer including but not limited to the use of a relief staffing agency.

Article 16 – Call in Rate of Pay 1. An employee called in to work and who reports to work shall be paid a

minimum three (3) hours pay at their regular rate of pay or overtime rate if applicable.

2. If an employee is given less than 24 hours notice of the cancellation of a scheduled training, that employee shall be paid three hours pay.

Article 17 – Transportation 1. Employees will be reimbursed for mileage at the rate of 41 cents/mile, tolls,

and parking costs, incurred during the performance of assigned job responsibilities. Employees are responsible for parking tickets and any other violations. Employees will not be reimbursed for travel to and from work unless performing assigned job responsibilities during that time.

2. Employees directed to begin or end work at a location other than their regularly assigned residence and which location requires driving a greater distance than the employee’s ordinary travel distance to and from work, shall be reimbursed for all miles driven in excess of the ordinary number of miles driven between home and work.

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3. Employees who submit all of their monthly Employee Mileage Sheets by the 5th day of the following month will be reimbursed for approved mileage no later than the 19th day of that month. Employees who do not submit all of their monthly Employee Mileage Sheets by the 5th day of the following month must submit all of their monthly Employee Mileage Sheets by the 20th day of the following month and will be reimbursed for approved mileage no later than the 5th day of the month following submission. Employee Mileage Sheets not timely submitted will not be considered for reimbursement.

4. The Employer shall maintain an insurance policy that insures employees who use vehicles in the course of their work sufficient to cover liability above and beyond the employee’s personal insurance in the amount of at least $1 million.

5. The Employer shall reimburse employees for extra automobile insurance costs incurred resulting from the requirement to drive as a condition of employment (so-called “class 30” coverage) up to an annual cap of $20 for employees who drive at least 200 miles/month provided they provide proof of insurance.

6. Employees are responsible for insuring and registering their vehicles, maintaining a valid driver’s license and proper state inspection documentation as well as having and using seat belts, prior to transporting any individuals served.

Article 18 – Reimbursement The Employer will reimburse employees for costs due to repairing damage to employee’s property incurred during the performance of assigned job responsibilities if the following guidelines are met: • The damage was caused by job-related activity • The property damaged was appropriate for work environment • The staff followed correct procedures for the situation To request this reimbursement Employees are required to document the incident. If the reimbursement is anticipated to cost more than $100 employees shall submit a cost estimate as part of their request. Employees shall be reimbursed no later than thirty (30) days from the date the request is submitted.

Article 19 – Wages 1. Effective on, or retroactive to, July 1st of each year of this Agreement, all

employees covered by this Agreement shall receive a raise equal to the amount of the raise provided by the state, referred to as the “salary reserve”. This raise shall be implemented upon the Employer’s receipt of the funds for raises provided by the state for the “salary reserve”.

2. 2014 4th Quarter Bonus: 8 % one-time lump-sum bonus based on an eligible employee’s earnings from 4/1/14-6/30/14

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3. Wage Schedule effective 7/1/14 (not affected by salary reserve or other increases)

Job Title Hire 4 mos 3 years 5 years 10 years

Instructor Non-MAP

n/a $11.97 n/a +$.20/hr*

n/a +$.20/hr*

n/a +$.20/hr*

Instructor MAP-Certified

$11.46 $12.30 $13.13 +$.25/hr*

$13.97 +$.25/hr*

$15.30 +$.25/hr*

Senior Instructor

$12.91 $13.69 $14.48 +$.25/hr*

$15.27 +$.25/hr*

$16.72 +$.25/hr*

Instructor ABI & Samoset

$12.21 $13.07 $13.91 +$.25/hr*

$14.76 +$.25/hr*

$16.16 +$.25/hr*

Work Crew Supervisor

$14.15 $14.65 $15.15 +$.25/hr*

$15.65 +$.25/hr*

$17.14 +$.25/hr*

FAC

$14.15 $14.65 $15.15 +$.25/hr*

$15.65 +$.25/hr*

$17.14 +$.25/hr*

a) Instructors will be hired as “MAP-Certified” and any newly hired Instructor

who fails to attain MAP Certification within 4 months of employment will be re-classified as Instructor Non-MAP and placed at the 4 mos pay rate.

b) Upon attainment of MAP Certification, Instructors Non-MAP Certified will be placed at the appropriate MAP Certified pay rate according to time of service.

c) Over Scale Employees*: current employees earning at a higher rate of pay than the applicable wage rate set forth above, including any increases to such applicable rate, will continue to be paid at the higher rate and will receive the $/hr increase identified at each time of service “step” going forward. $/hr increases are cumulative but not retroactive.

d) Payment at the 4 month rate is conditioned on the satisfactory completion of required trainings, the attainment of required certifications and a satisfactory performance review.

e) Payment at the 3, 5 & 10 year rates/increases are conditioned on reaching the necessary time of service, satisfactory completion of required trainings, the attainment and maintenance of required certifications and a satisfactory performance review.

f) Performance reviews conducted by Delta Management for employees otherwise eligible for the 3, 5 & 10 year rates/increases that are overall unsatisfactory will include a correction plan identifying areas for improvement. Employees with performance reviews that are overall unsatisfactory will be reviewed again in 120 days for compliance with the correction plan. If the subsequent performance review shows compliance with the correction plan, and if the Employee has not received any discipline during this time, the employee will receive the applicable rate/increase going forward – not retroactive. This process is not subject to grievance/Arbitration procedure.

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g) Extreme Behavior Differential: employees assigned to work at Group Homes identified as “extreme behavior”, who maintain the certifications and/or satisfactorily complete the trainings identified by the Employer as appropriate for working in “extreme behavior” conditions, will receive an additional $.75/hr for all hours worked at these Homes.

h) Samoset Differential: employees who are not regularly assigned to work at Samoset, who maintain the certifications and/or satisfactorily complete the trainings identified by the Employer as appropriate for working at Samoset, will receive an additional $.75/hr for all hours worked at Samoset.

i) Newly established rates/increases are cumulative but not retroactive. 4. In the event the Commonwealth appropriates or otherwise makes available

funds for pay increases for employees who participate in trainings, so-called Quality Care Payments, the parties agree to meet and discuss.

Article 20 – Employee Benefits 1. The Employer will continue to offer participation in the following programs, or

substantially similar programs at the sole discretion of the Employer, to eligible employees under the same terms and conditions in effect as of the effective date of this Agreement:

§ Group Medical/Health Insurance § Dental Insurance § Life Insurance § Short Term Disability Programs (fully paid by employee) § Education and Training § Tuition Remission (state sponsored) § Credit Union § Tax Deferred Annuity Plan – 403(b) § Cafeteria Plans Section 125

2. Regular full-time and part-time employees regularly scheduled to work at least thirty (30) hours each week become eligible for the above benefits on the first day of the calendar month following completion of three (3) months of employment.

3. Health Insurance Deductible Reimbursement: up to $40,000 will be set aside each year of this agreement to be used to reimburse eligible Agency employees (unit and non-unit staff) for deductibles and/or co-pays with annual maximums of $500/eligible individual participant and $1000/eligible family participant. To receive reimbursement Employees must submit proof of payment – date of service, type of expense and dollar amount – within sixty (60) days of the date the deductible or co-pay was paid or effective date of this agreement.

3. The Employer shall have the right to change any of these current plans/programs in its sole discretion, provided the benefits are substantially similar. The Employer agrees to notify the Union of any such change.

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Article 21 – Vacancies, Postings, Transfers, Schedules 1. Any vacancy that the Employer decides to fill will be posted by Human

Resources at each Group Residence and at 118 Allied Drive in Dedham, and will include the job title, location and working schedule. Any non-probationary employee interested in a posted vacancy must submit a Letter of Interest through his/her supervisor/manager to Human Resources within 10 days of the date of the posting.

2. When qualifications such as ability and performance are considered relatively equal by the employer and consistent with operational needs as determined by the employer, the employer will give first preference incases of promotion and transfer to employees with the longest continuous service. For the purposes of this Article moving from a position outside the Samoset program to a position in the same job title within the Samoset program shall be considered moving to a position in a higher job title.

3. Any employee who permanently transfers from one job classification, wage category and/or benefits eligibility category to another shall be entitled only to the rate of pay and benefits applicable to the position and/or location to which he/she has transferred. He/she shall further be entitled to work only the scheduled hours of the job to which he/she has transferred. Nothing in this Article or in any other Article of this Agreement shall limit the exclusive right of the Employer to transfer an employee consistent with its operational needs as determined by the Employer except that due consideration will be given to the employee’s commute.

4. Delta is a 24/7 service provider and employees will be required to work various shifts. Schedules are determined at the sole discretion of the Employer consistent with the operational needs of a particular program and/or the organization as a whole as determined by the Employer. Whenever practical the Employer will provide a regular full or part time employee with seven (7) days notice of a permanent change in working schedule. If requested the appropriate ADS and a representative from Human Resources will meet with a re-scheduled employee to discuss the schedule change. Whenever practical, this meeting will be held prior to the schedule change and the employee may bring his/her union steward. Employees are prohibited from swapping shifts without authorization of the Assistant Director of Supports.

5. Employees must report as assigned and under no circumstances will an employee leave a shift or program without being properly relieved, and nothing in this Agreement will limit the Employer from taking whatever action it deems necessary to fill a shift including but not limited to the use of Relief Staff Agencies. An employee who fails to report as assigned and/or leaves his/her shift without being properly relieved is subject to immediate unpaid suspension pending investigation.

Article 22 – Reduction in Force 1. In the event the Employer decides that it is necessary to reduce its working

force, when possible the affected employees and the Union will be provided no less than fourteen (14) days notice. If requested within twenty-four (24)

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hours of such notice the Employer will meet with the Union to discuss alternatives. When measurable qualifications are deemed equal by the Employer, the Employer will give preference in cases of layoffs to employees by applying seniority – last in/first out.

2. Employees subject to layoff shall be required to fill any vacancy in the same classification and same work schedule for which they are qualified. Such positions shall be filled in order of seniority. Consistent with operational needs the employer may accept same classification employees for voluntary lay-off.

3. A non probationary employee designated for layoff may bump into the position occupied by any employee in the same or lower job title who has both less seniority than the person targeted and less seniority than 75% of the employees in the targeted job title provided he/she meets the qualifications for such position. If the layoff or reduction targets more than 25% of the employees in a given job title than the 75% figure shall be reduced proportionately. An employee exercising his/her bumping option must notify Human Resources within seven (7) days of his/her receipt of notification of layoff or of being bumped. Employees designated for layoff and who choose not to exercise this option will be laid off on the original date of the layoff. Employees who are bumped will be laid off seven (7) days from the date they receive notice of the bump. Only one bump is allowed for each position targeted for layoff.

4. A laid off employee is eligible for recall for up to twelve (12) months or their length of employment at the time of layoff, whichever is less. Laid off employees eligible for recall will be offered vacancies, same shift and classification, as they arise and an employee that fails to immediately accept an offered vacancy will forfeit recall rights. A laid off employee who returns to a bargaining unit position within the twelve (12) month period following his/her layoff shall retain the seniority that he/she had as of the date of layoff.

5. In the event the Employer decides it is necessary to reduce hours the Employer will make a reasonable effort to offer additional hours to affected employee(s) as long as such reduction is not related to performance or discipline.

Article 23 – Health and Safety 1. The Employer agrees to provide a safe and healthful work environment for all

Employees. The Employer and employees are responsible for maintaining a safe and accident-free workplace, and to correct or warn others of hazards. To that end, any personal protective equipment or other safety equipment and/or supplies necessary for a work assignment, as determined by the Employer or required by applicable law, shall be provided to employees and shall be worn and/or utilized by employees in the performance of their work assignment.

2. An employee injured on the job, no matter how minor, is required to report the incident to his/her supervisor or the appropriate on-call administrator as soon as practicable after knowledge of the injury and complete and deliver the appropriate report to Human Resources within forty-eight (48) hours of making the report or by the end of the next business day, whichever is later.

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Whenever practicable, the coordinator receiving the report of injury shall remind the employee to deliver the appropriate report to Human Resources.

3. Any employee who encounters an unsafe or unhealthy working condition and/or non-compliant staffing ratios shall immediately report the condition to the Coordinator, and may also report the condition to the Assistant Director of Supports, or the Director of Supports. The Coordinator or another management representative shall either take prompt remedial action or provide an explanation as to why no action was taken.

Article 24 – Leaves of Absence 1. Employees who have completed their probationary period shall be eligible for

unpaid leaves of absence pursuant to this Article. 2. Applicable Leave Laws. The Employer agrees to fully comply with the Family

and Medical Leave Act (FMLA), the Massachusetts Maternity Leave Act and the Small Necessities Leave Act. Complete descriptions are available at Human Resources. Paid leave time may be used during leave pursuant to this section at the employee’s option.

3. Union Leave. Employees may take an unpaid leave of absence if elected to union office for for the purpose of working full time for union, provided that no more than one such employee shall take such leave at any one time. Such leave shall be for a maximum of six (6) months or for length of the term of office as applicable.

4. Return from Leave. An employee returning from a leave of absence pursuant to this Article shall be placed in the same job classification, shift, and days off, and full time/part time status as he or she was in prior to the leave. If a vacancy exists and consistenet with operational needs the Employer will return the employee to the same worksite and number of regularly scheduled hours up to forty (40).

5. Nothing in this Article shall prevent the Employer from granting an unpaid leave of absence at its discretion to any employee.

Article 25 – Bereavement Leave In the event of a death in a Full or Regular Part Time employee’s immediate family (spouse, life partner, child, parent, sibling, mother-in-law, father-in-law, grandparent, or grandchild), the employee shall be entitled to up to three (3) days off and shall be reimbursed for up to twenty-four (24) hours. In the event of a death in a Full or Regular Part time employee’s extended family (aunt, uncle, mother-in-law, father-in-law, brother-in-law or sister-in-law), the employee shall be entitled to one day off and shall be reimbursed for up to eight (8) hours. A spouse is an employee’s legally recognized husband or wife; a life partner is an employee’s partner with whom he/she is domiciled; a child is defined as an employee’s natural, legally adopted child or step-child; a parent is defined as an employee’s natural or legally adopted parent or step-parent, and a sibling is defined as an employee’s natural or legally adopted sister or brother or step-sister or step-brother.

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Leave may only be taken within 10 days of the date of death unless services are held at a later date and the Employee can verify this upon the request of the Employer. Employees may be asked to furnish verification of the death and relationship to the deceased.

Article 26 – Jury Duty An employee summoned for jury duty will be granted leave of up to three (3) eight (8) hour days with pay for time lost from his/her regular work schedule. Any additional time will be unpaid or an employee may utilize accrued earned or vacation time. When notified or summoned for jury duty, an employee must contact his/her supervisor and immediately deliver a copy of the summons to Human Resources. The employee is responsible for keeping his/her supervisor informed of their status.

Article 27 – Military Leave An employee who is drafted for military service, or volunteers for service in any branch of the armed forces of the United States, shall, upon completion of such service be reinstated to his/her former position in accordance with the applicable law. In the event that it becomes necessary to lay off another employee in order to reinstate an employee returning from military service such layoff shall be in accordance with the terms of this Agreement.

Article 28 – Sick Leave 1. Beginning on the first day of the calendar month following completion of

his/her Probationary Period regular full-time employees (regularly scheduled to work thirty-two (32) hours or more each week) will earn paid Sick Leave at a rate of eight (8) hours for each full calendar month actually worked. Sick Leave will not be earned if an employee is not on paid status for the complete month.

2. Beginning on the first day of the calendar month following completion of his/her Probationary Period regular part-time employees (regularly scheduled to work from twenty (20) to thirty-one (31) hours each week) will earn paid Sick Leave at a rate of four (4) hours for each full calendar month actually worked. Sick Leave will not be earned if an employee is not on paid status for the complete month.

3. An employee’s Sick Leave balance will not exceed one hundred and twelve (112) hours and accrual will cease once this maximum is reached. Unused Sick Leave will not be paid upon separation from employment.

4. Employees with Sick Leave balances in excess of the ninety-six (96) hours maximum as of 1/1/10 may access these hours for Extended Sick Leave or donate a specific amount to another employee in the same classification. The use and/or donation of “excess” hours is subject to the approval of Human Resources.

5. Planned Sick Leave must be requested in writing no less than ten (10) working days in advance, by completing and submitting a Request for Time-Off Form to the Employee’s Coordinator.

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Extended Sick Leave must be requested in writing no less than thirty (30) calendar days in advance, by completing and submitting a Request for Time-Off Form to the Employee’s Coordinator. Exceptions to the thirty (30) day notice requirement may be made at the Employer’s discretion. For unplanned Sick Leave, employees must notify their Coordinators no less than four (4) hours in advance of the employee’s evening or overnight shift and not less than two (2) hours in advance of the employee’s day shift unless there is a verifiable or documentable emergency (day shift only – applicable to other shifts at the Employer’s discretion). Requests for extended, planned and/or unplanned Sick Leave may be approved or denied consistent with operational needs as determined by the Employer but will not be unreasonably denied. Sick Leave will not be granted without proper notice and an employee who fails to provide appropriate notice may be subject to discipline up to and including discharge.

6. If the appropriate notice is provided Sick Leave, if available and approved by the Employer, may be taken in full days only and for absence due to illness and medical or dental appointments that cannot be scheduled during non-work time, of an employee or an employee’s immediate family (spouse, life partner, child or parent living under the employee’s roof).

7. Approved absence in excess of accrued Sick Leave may be charged to available Earned Time.

8. An employee out sick for his/her regular shift is prohibited from working a different shift/hours that day. Sick Leave is not used in the calculation of overtime.

9. The Employer reserves the right, as a condition to the granting of sick leave, to require medical evidence verifying the illness, including a healthcare provider’s certificate:

a) after the third (3rd) occurrence in a 3-month period, or b) after three consecutive days of illness, c) time taken immediately before or after scheduled time off, d) after a pattern of abuse including, but not limited to, repeated use of sick

days on Mondays or Fridays, etc. or e) whenever there is a reasonable basis to question the existence of an

illness. f) calling in sick on a regularly scheduled double shift

Any employee who fails/refuses to provide medical evidence verifying the illness within five (5) business days will be subject to discipline up to and including discharge.

Article 29 – Earned Time 1. Beginning on the first day of the calendar month following completion of

his/her Probationary Period (120 days) regular full-time employees (regularly scheduled to work thirty-two (32) hours or more each week) and regular part-time employees (regularly scheduled to work from twenty (20) to thirty-one (31) hours each week) will accrue Earned Time at their level of accrual as of January 1, 2010. Full-Time Employees hired on or after January 1, 2010 will

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accrue Earned Time at a rate of ten (10) hours per month. Part-time Employees hired on or after January 1, 2010 will accrue Earned Time at a rate of five (5) hours per month. Earned Time will not accrue if an employee is not on paid status for the complete month. A day = 8 hours at an employee’s regular rate of pay. A week = 40 hours at the employee’s regular rate of pay.

2. An employee’s Earned Time balance will not exceed two hundred (200) hours and accrual will cease once this maximum is reached. Unused Earned Time will be paid upon separation from employment.

3. Earned Time Off may be taken in full days only and must be requested in writing no less than three (3) weeks in advance, by completing and submitting a Request for Time-Off Form to the employee’s Coordinator and the Employer will respond to such requests within one (1) week of submission. A single day of Earned Time may be taken with forty-eight (48) hours written notice and approval of the employee’s Coordinator, who will respond to such requests within twenty-four (24) hours of the request. Requests for Earned Time Off may be approved or denied consistent with operational needs as determined by the Employer but will not be unreasonably denied. An employee who fails to provide appropriate notice and/or follow the prescribed procedure may be subject to discipline up to and including discharge.

4. Approved absence in excess of accrued Sick Leave may be charged to available Earned Time. Earned Time Off will not accrue during paid or unpaid leaves of absence and is not used in the calculation of overtime.

5. In each twelve (12) month period employees with no less than eighty (80) hours of accrued Earned Time who have used two (2) weeks of Earned Time as vacation during that twelve (12) month period may request a buy-out of up to eighty (80) hours of available Earned Time. Such requests are subject to the approval of Human Resources.

6. An employee that exceeds his/her Earned Time Off, fails to provide proper notification and/or takes Earned Time Off without authorization will be subject to discipline up to and including termination.

Article 30 – Holidays 1. Eligibility: regular full and regular part-time non-probationary employees who

actually work their full scheduled working day before and after the Paid Holiday, and have worked their complete work week before the Paid Holiday, are eligible.

2. Paid Holidays: the following are recognized as Paid Holidays for non-probationary employees and are observed on the day recognized under state law:

New Year’s Day Independence Day Thanksgiving Day Christmas Day

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3. Holiday Pay: a) Holiday pay is equal to an eligible employee’s regularly scheduled hours

worked during a workday, excluding overtime, at an employee’s regular rate of pay.

b) If a Paid Holiday falls on an eligible employee’s regularly scheduled work day and s/he is not required to work, s/he will receive time-off without loss of pay, as defined above.

c) If a Paid Holiday falls on an eligible employee’s regularly scheduled workday and the employee is required to work then s/he will be paid one (1) times his/her hourly rate for hours worked on the Paid Holiday in addition to any Holiday Pay, as defined above, s/he may be eligible for.

d) If a Paid Holiday falls on an eligible employee’s regular day off and s/he accepts and works a shift on that Paid Holiday, then s/he will be paid for the time worked at his/her regular rate of pay (overtime if applicable) in addition to Holiday Pay for each hour worked. For example, if an eligible employee works an 8 hr shift s/he will be paid 8 hours at his/her hourly rate (1x's), or overtime if applicable (1.5x's) plus 8 hrs of Holiday pay (1x's for each hour worked).

e) Holiday Pay will not be granted if a Holiday occurs during any unpaid leave of absence, layoff, terminal vacation and/or when a Holiday falls on an employee’s regular day off and s/he does not work on the Holiday.

Article 31 – Staffing 1. The Employer shall provide adequate staff coverage as dictated by applicable

DMR/DDS regulations and contractual requirements. 2. It is the responsibility of the employer to arrange coverage for all employee

absences. 3. Any variation from established staffing patterns must be reported immediately

to the Director of Supports.

Article 32 – Job Descriptions An Employee shall be provided with a copy of his/her job description upon hire, upon changing positions, and upon request. All job descriptions containing a broad statement of availability for duties such as “other duties as assigned” shall use the following statement for this purpose: ”other job-related duties as assigned”.

Article 33 – Maintenance of Properties Employees shall not be required to shovel snow, except for the purpose of maintaining emergency ingress and egress to the residence. Employees may supervise or assist the individuals served in performing landscaping, maintenance, or non-routine housekeeping duties at the Employer’s work sites but shall not otherwise be required to perform such duties.

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Article 34 – Intake 1. Before new individuals are brought into a program, all staff that will be in

contact with the new individual(s) shall be trained and briefed on any and all behaviors, goals, and safety precautions concerning those individuals.

2. Staff agree to follow treatment programs, established protocols, and work with the administration/clinical team to promote successful placement of individuals within Delta Projects.

Article 35 – Nepotism-Fraternization No employee will be permitted to hire, supervise, evaluate or otherwise make any employment decision concerning a member of his/her family or someone with whom they are having, or have had, a close personal relationship. (Such) Employees who are family members or involved in a close personal relationship will not work together at the same location. Employees must immediately notify Human Resources of any such “family relationship” and/or “close personal relationship”.

Article 36 – Cell Phones Unauthorized use of personal cell phones and/or electronic devises (making/receiving calls, texting, emails, web browsing, gaming, etc.) during work time is prohibited to the extent that it could interfere with and/or distract from the care and supervision of individuals served. Employees may carry personal cell phones during work time but they must be turned to vibrate or off. Employees may provide the Delta telephone number at the facility he/she is assigned to as an emergency contact number and with his/her supervisor’s permission return emergency calls using the facility’s phone. Employees who use cell phones contrary to the above will be disciplined as follows: First offense – Oral Warning; Second offense – Written Warning Third offense – 2nd Written Warning Fourth offense – 1 week suspension; and Fifth offense – discharge

Article 37 – Investigation 1. Employees may be reassigned or suspended without pay pending

investigation into a complaint of abuse or neglect of an individual served by a governmental entity, independent investigator and/or the Employer. Each employee is required to cooperate with any such investigation whether conducted by a governmental entity, independent investigator and/or the employer and failure to cooperate may lead to discipline up to and including discharge. The Employer shall make the decision to suspend or reassign based on criteria including but not limited to:

a) the nature of the allegations b) the employee’s performance history with Delta Projects c) the staffing situation at the time of the alleged incident

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2. If the Employer determines to re-assign an employee pending such an investigation the following will be adhered to:

a) the Employer will transfer the employee to a position within the same class and schedule and the affected employee must immediately report to that assignment

b) If no position is available in the same class and schedule the employer may assign the employee to a position in the same class and schedule currently held by a probationary employee and the affected employee must immediately report to that assignment.

c) A displaced probationary employee must accept any vacancy to which he/she is assigned or be laid off

3. Upon completion of such an investigation with a final disposition that does not substantiate the allegation, the employee shall return to his/her former position, including worksite, hours and schedule, unless an alternative is mutually agreed upon, or unless the Employer has reason to believe that returning the employee to the same site will not be in the interest of the individuals served in that site in which case the employee shall be returned to a different worksite with similar hours and schedule, and the employee shall be made whole for all lost wages and/or benefits mitigated by unemployment received. If the allegation is substantiated the Employer will take appropriate disciplinary action up to and including discharge. If the allegation is substantiated by a State or State sponsored investigation then any discipline administered by the Employer may be grieved only to Step 3 and may not be moved to Step 4/Arbitration.

4. Upon completion of such an investigation with a final disposition that does not substantiate the allegation, the employee shall return to his/her former position, including worksite, hours and schedule, unless an alternative is mutually agreed upon, or unless the Employer has reason to believe that returning the employee to the same site will not be in the interest of the individuals served in that site in which case the employee shall be returned to a different worksite with similar hours and schedule, and the employee shall be made whole for all lost wages and/or benefits mitigated by unemployment received.

5. Nothing in this Section shall limit the Employer’s right to suspend, discharge or otherwise discipline employees for just cause.

Article 38 – Immigration Recognizing that questions involving an employee’s immigration/work status or personal information may arise during the course of his/her employment, and that errors in an employee’s documentation may be due to mistake or circumstances beyond an employee’s control, the Employer agrees to the following procedure: 1. in the event an issue or inquiry arises involving the immigration status or

employment eligibility of a non-probationary employee, the Employer shall promptly notify the employee in writing and forward a copy of such notification to the Union. The letter shall contain a concise statement of the issue and reference an employee’s rights under this Article.

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2. if permissible under applicable law and/or regulations, the affected bargaining unit member shall be afforded reasonable opportunity to remedy the identified problem or secure acceptable documentation demonstrating that the identified problem is in the process of review or correction before adverse action is taken. Any lawful changes in the employee’s documentation or lawful correction in his/her social security number shall not be considered new employment unless there is a break in service. If the bargaining unit member does not remedy the issue or provide valid documentation, as referenced above within fourteen (14) calendar days of the date of notification, the bargaining unit member may be discharged and the Employer shall have no further obligation. If the Employee has verified that the identified problem is in the process of review or correction the employee shall not be discharged provided this is consistent with applicable law.

3. if the bargaining unit member obtains the valid documentation as referenced in paragraph 2 above, when necessary, he/she may, consistent with operational needs as determined by the Employer, be permitted reasonable unpaid time off to attend relevant proceedings or visit pertinent agencies, for the purposes of correcting the identified problem, provided the Employer is given adequate notice of planned absences and verification of the appointments, hearings or other proceedings for which the time off is requested.

Upon request the Employer agrees to meet with the Union and discuss the employee’s issue/problem. When practicable, and permissible under applicable law and/or regulations, this meeting will take place before the Employer initiates any adverse employment action.

Article 39 – Scope Of Contract

1. This Agreement constitutes the entire agreement between the Employer and the Union. All prior or contemporaneous verbal or written agreements and understandings, asserted or unasserted, between the Employer and employees represented by the Union shall terminate upon execution of this Agreement.

2. No agreement, additions, waivers, understanding, deletions, changes or amendments of any term or provision of this Agreement shall bind the Employer or the Union or be effective during the term of this Agreement, unless evidenced by a written document which has been signed and dated by the Employer and the Union.

3. The Employer and the Union acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

4. The Employer and the Union shall not be deemed to have agreed to any term or condition of employment not specifically set forth in this Agreement.

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Article 40 – Legal Conflicts If any provision of this agreement shall be held or declared to be illegal or of no legal effect, said provision shall be deemed null and void without affecting the obligations of the balance of the Agreement and the parties shall meet promptly to negotiate regarding a replacement clause.

Article 41 – Strikes and Lockouts During the term of this Agreement or any extensions thereof, there shall be no strikes of any kind, stoppages or interruption of work, slowdowns, sickouts, or picketing on or about the premises of the Employer and residences or businesses of the Administrators and/or Board Members. The union will not use Delta’s name or logo in any way which purports to represent itself as speaking for Delta without the express approval of Delta. Neither the union nor any of its officers, stewards, other agents or representatives shall participate in, cause, urge, encourage or otherwise induce a violation of this Article. The employer shall have the right to discipline or discharge any employee or employees who participate in, cause urge, encourage or otherwise induce a violation of this Article. If such discipline or discharge is grieved, the only issue shall be the participation of the grievant in any of the activities prohibited by this Article. The union further agrees that in the event of any violation of this article the union will immediately order that such violation cease and will use its best efforts to assure compliance with the agreement. It is understood that, regardless of whether or not a grievance case is pending, the above will be in full force and effect at all times and that there will be no concerted slowdown or cessation of work or effort. The Employer agrees that during the term of this agreement or any extensions thereof it will not lock-out any employees.

Article 42 – Duration of Agreement This Agreement shall become effective as of the 22nd day of August 2014 and shall continue in full force and effect through June 30, 2017 and thereafter from year to year unless terminated by notice in writing given by either party to the other of not less than 90 days prior the expiration of the above-stated period or any subsequent year of the existence of this Agreement. In witness whereof the parties have executed this Agreement as of the day and year first written above. ______________________________ ______________________________ Delta Projects, Inc Date SEIU Local 509 Date ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________

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