Oregon
AFSCME Corrections
2001
- 2003
AGREEMENT
Between
THE
STATE OF OREGON
DEPARTMENT
OF ADMINISTRATIVE SERVICES
ON BEHALF OF
THE
DEPARTMENT OF CORRECTIONS
SECURITY
AND OWCC EMPLOYEES
AND THE
AMERICAN
FEDERATION OF STATE,
COUNTY,
AND MUNICIPAL EMPLOYEES
ARTICLE
1 - SCOPE OF AGREEMENT
2 - TERM OF AGREEMENT
3 - UNION SECURITY
4 - UNION/MANAGEMENT MEETINGS
5 - LEGISLATIVE ACTION
6 - EFFECT OF LAWS AND RULES
7 - SEPARABILITY OF PROVISIONS
8 - BLANK
9 - EQUAL OPPORTUNITY
10 - MANAGEMENT RIGHTS
11 - CONTRACTING OUT
12 - INSURANCE
13 - SALARY AND WAGES
14 - SALARY ADMINISTRATION
15 - OVERTIME
16 - DIFFERENTIALS
17 - CALL-BACK TIME
18 - REPORTING PAY
19 - ON-CALL
20 - WORK OUT OF CLASSIFICATION
21 - LEAD WORK DIFFERENTIAL
22 - PER DIEM
23 - EMERGENCIES
24 - INSTITUTION TEACHERS
25 - WORKING CONDITIONS (Security Staff)
(Eastern Oregon Correctional Institution)
(Santiam Correctional Institution)
(Shutter Creek Correctional Institution)
(Columbia River Correctional Institution)
(Powder River Correctional Facility)
(Snake River Correctional Institution)
(Oregon Women's Correctional Center)
(Two Rivers Correctional Institution)
(Coffee Creek Correctional Institution)
26 - UNIFORMS AND PROTECTIVE CLOTHING
27 - EMPLOYEE FACILITIES
28 - INCLEMENT CONDITIONS
29 - SAFETY AND HEALTH
30 - BLANK
31 - HOLIDAYS
32 - VACATION LEAVE
33 - SICK LEAVE WITH PAY
34 - SICK LEAVE WITHOUT PAY
35 - FAMILY LEAVE
36 - LEAVES WITH PAY
37 - LEAVE OF ABSENCE WITHOUT PAY
38 - PRE-RETIREMENT COUNSELING LEAVE
39 - ELECTION DAYS
40 - PROMOTIONS/ADVANCEMENT
41 - TRIAL SERVICE
42 - TRAINING/EDUCATION
43 - JOB SHARING
44 - LAYOFF PROCEDURE
45 - REVIEW OF CLASSIFICATION SERIES
46 - RECLASSIFICATION PROCEDURE
47 - EMPLOYEE RIGHTS
48 - LIMITED DURATION APPOINTMENT
49 - PERSONNEL FILES
50 - DISCIPLINE AND DISCHARGE
51 - GRIEVANCE AND ARBITRATION
52 - GENERAL PROVISIONS
53 - STRESS/CAREER COUNSELING
Appendix - Letters of Agreement
ARTICLE 1 - SCOPE OF AGREEMENT
Section 1.
This Agreement is made and entered into by and between the State of Oregon (hereinafter the "Employer"), acting through its Department of Administrative Services, Labor Relations Division on behalf of the Department of Corrections, (hereinafter the "Agency"), and the American Federation of State, County, and Municipal Employees (AFL-CIO) (hereinafter the "Union"), and is binding upon the Union and the Employer and all designated representatives of the Union and the Employer.
Section 2.
The Agencies recognize the Union as the sole and exclusive bargaining agent for the employees within the certified or recognized bargaining units. All aspects of the employees' wages, hours, and other terms and conditions of employment shall be determined by this Agreement, except in regard to recruitment and selection of applicants for initial appointment to state service. The terms and conditions of employment set forth in this Agreement shall apply to all classified positions (except temporary positions and those positions excludable by ORS 243.650) within the appropriate bargaining units within the Department of Corrections which are:
a. Security Unit - Encompasses all classified employees in strike-prohibited classifications excluding supervisory and confidential employees as defined in ORS 243.650, employees at Oregon State Correctional Institution covered by Oregon Public Employees Union and the Oregon State Penitentiary covered by the Association of Oregon Corrections Employees;
b. Oregon Women's Correctional Center - Encompasses all classified employees, excluding supervisory and confidential employees defined in ORS 243.650, working within the Oregon Women's Correctional Center.
The parties agree that the term "classified employee" does not include temporary employees appointed under the provisions of ORS 240.380 or part-time employees who regularly work thirty-two (32) hours or less per month.
Section 3.
If the Agency establishes a new position which is not clearly excluded from the bargaining unit under ORS 243.650 or reclassifies an existing bargaining unit position, the Employer shall notify the Union in writing within seven (7) days following the action, as to whether or not it believes the classification to be within the bargaining unit. The Union must notify the Employer in writing within ten (10) days from receipt of the notification if it disagrees about the inclusion or exclusion of the classification in the bargaining unit or the matter becomes closed. If notice of the disagreement is received within the ten (10) day period, the parties shall meet within fourteen (14) days of above notification to discuss the matter. If an agreement is not reached within thirty (30) days, the Union may submit the matter to the Employment Relations Board. Should the matter not be submitted to the Employment Relations Board within the specified thirty (30) day period, the matter shall be considered resolved.
Section 4.
This contract incorporates the sole and complete Agreement between the Agency and the Union resulting from negotiations held pursuant to the provisions of ORS 243.650 et. seq. and supersedes all prior labor contracts. It is acknowledged that during negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for 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. It shall not be modified in whole or in part except by another written instrument duly executed by the parties.
Section 5.
a. The parties agree that the Human Resource Management Division Personnel Policies and Agency Procedures relating to their implementation are without effect upon the Agency or members of the bargaining units.
b. Other policies, procedures, and rules of the Agency which directly relate to mandatory subjects of bargaining as defined by statute and which affect bargaining unit members on the day this Agreement becomes effective shall be continued, unless modified or deleted elsewhere in this Agreement. Should the Agency wish to change such a policy, procedure, or rule, or to issue a new one, notice will be given to the Union. If the Union believes the policy, procedure, or rule to be unreasonable, then within seven (7) days of the date upon which the Union knows, or by reasonable diligence should have known, of the subject action, the Union shall request that the Agency meet to discuss the issue.
c. Such meeting shall occur within fifteen (15) days of:
1. Agreement that the issue is a mandatory subject, or
2. An Employment Relations Board ruling that the issue is a mandatory subject of bargaining.
If agreement which alters the policy, procedure or rule is reached, it shall be reduced to writing and signed by both parties. If the parties are unable to reach an agreement within fourteen (14) days following the Level C meeting and the Union continues to believe the policy, procedure, or rule to be unreasonable, it shall notify the Agency in writing of its intent to submit the matter to interest arbitration. Such written notification must be made during the fifteen (15) day period immediately following the above mentioned fourteen (14) day period. Failure to file such written notification within the prescribed time shall be understood by both parties to waive the Union's right to any further objection.
d. The parties shall meet within the five (5) days immediately following receipt of notification of the Union's desire to arbitrate and select an arbitrator. Selection of an arbitrator shall be as prescribed in Article 51, Grievance and Arbitration.
e. The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby, unless the award is vacated pursuant to statute. The power of the arbitrator in this process shall be limited to determine whether the policy, procedure, or rule is unreasonable.
If the arbitrator's ruling is that the policy, procedure, or rule is unreasonable, the Agency shall immediately withdraw the policy, procedure or rule.
f. The arbitrator's fee and expenses shall be paid by the losing party. If, in the opinion of the arbitrator, neither party can be considered the losing party, then such expenses shall be apportioned as in the arbitrator's judgment is equitable. All other expenses shall be borne exclusively by the party requiring the service or item for which payment is to be made.
g. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time, which, if agreed to, must be stipulated in writing and shall become part of the record.
ARTICLE 2 - TERM OF AGREEMENT
Section 1.
This Agreement, and attachments hereto, shall be in full force and effect from the date of signing of this Agreement, unless otherwise indicated in this Agreement, through June 30, 2003.
Section 2.
The Union will notify the Agency of its selected representatives by December 15, 2002. The bargaining team shall consist of not more than nine (9) Union Representatives covered by the terms of this Agreement. The Union may utilize up to eighty (80) hours leave with pay per designated bargaining team representative for the purpose of actual negotiations.
Section 3.
Negotiations for a successor agreement will commence between January 2, 2003, and February 15, 2003, or sooner upon mutual agreement of the parties.
ARTICLE 3 - UNION SECURITY
Section 1. New Employees.
The Agency agrees to inform all new employees hired into positions included in the bargaining unit of the Union's exclusive recognition, and shall provide all present and future employees in the bargaining unit with a copy of its Agreement, provided the parties shall share equally in the costs of preparation and distribution of the Agreement. The Agency agrees to allow duly certified Union Representatives thirty (30) minutes, when new employee orientation classes are held, to speak to new employees about the Union's exclusive recognition, its benefits, and services available to the membership. This time will not be used for discussion of labor-management disputes.
If the Union Representative is an employee of the institution, the representative will be allowed time off without loss of pay to make the presentation.
Section 2. Union Access.
Accredited representatives of the Local, District Council 75, or International American Federation of State, County and Municipal Employees, AFL-CIO, upon proper introduction and notice, shall have reasonable access to the premises of the Agency during all working hours to conduct Union business (with appropriate observation of the security regulations of the Agency). During periods of bona fide emergency, this provision may be temporarily suspended by the Agency as required for the duration of the emergency.
Section 3.
Unless otherwise provided in this Agreement, the internal business of the Union shall be conducted by the employees during non-duty time.
All policies, procedures, and rules, and all provisions of this Agreement shall be applied equitably among employees to whom they apply.
Section 4. Stewards.
The Union may select, and shall certify in writing to the Agency, employees to act as Union Stewards. Stewards shall have authority to investigate and resolve grievances and to distribute Union informational material provided that such activity does not interfere with the regular work routine with prior approval of management. The investigation and processing of employee grievances will be permitted during working hours without loss of compensation. If the permitted activities would interfere with either the steward's or the grievant's duties, management shall, within the next working day, arrange a mutually satisfactory time for the requested activities. Time spent in grievance activities without the proper notification and release by an appropriate supervisor involved will be considered unauthorized leave without pay for both the Steward and the grievant. An employee may request and have present a Shop Steward or Union Representative at any formal discussion on disciplinary actions, or grievance proceedings, or any other matter that might adversely and substantially affect their future employment, pay, or chances for promotion.
Management will provide written notification to an officer of the Local Union and the Union Business Agent of an impending disciplinary action (suspension, reduction, demotion or dismissal) against an employee.
Section 5. Union Business Leave.
The parties agree to the primary principle that Union business will be carried out during off-duty hours.
a. Employees elected to Union office or otherwise selected by the Union to conduct Union business that takes them away from their employment may be granted leave without pay for a reasonable period of time, upon seven (7) days' advance notice by the Union. The determination for granting such leave shall be made by the Agency based on operational needs of the Agency. Leave will be requested through the normal agency procedure.
b. The Agency agrees to the attendance by the President or designee without loss of pay, at:
1. Agency grievance hearings where this individual is acting as steward;
2. An employee request for representation by one (1) of these individuals to act as steward;
3. Any other meeting where their presence is requested by management;
4. Other instances in accordance with past practice.
5. Arbitration hearings or other administrative hearings before the Employment Relations Board directly involving the specific local.
Section 6. Communications.
a. The Agency agrees to furnish and maintain bulletin boards in convenient places to be used by Union for the posting of official Union notices only. Union shall keep the bulletin boards neat and orderly.
b. AFSCME may use the DOC internal mail system to communicate with AFSCME represented employees at no cost to the employer. AFSCME will use its own supplies and equipment. Distribution will be on their own time.
c. Upon written request, the Union may be allowed the use of the facilities of the Agency for meetings in accordance with the past practices when available.
d. Where access to the DOC computer systems exist, the following communications are authorized:
*Two-way communication relative to bargaining unit business between officially designated Union officers, management and member to member communication will be consistent with DOC rule.
*Use of the Internet shall be consistent with the DOC policy on acceptable use of Electronic Information Systems.
*Personal use as defined in DOC Policy may include Union Business.
Section 7. Dues Deduction.
The Agency agrees to deduct the monthly membership dues from the pay of those employees who individually request such deductions in writing. The amount to be deducted shall be certified to the Agency by the Treasurer of the Union, and the aggregate deductions shall be remitted monthly together with an itemized statement, to the Treasurer of the Union.
Section 8. Fair Share.
The terms of the contract have been made for all employees in the bargaining unit, not solely for members of the Union. The parties recognize that it is fair that each employee in the bargaining unit should bear a fair share of the costs incurred by the Union in meeting its responsibilities as a recognized bargaining unit representative.
Each employee not exempt under recognition of this contract shall, within thirty (30) days of hire, have deducted monthly from their pay by the State, a sum equal to the amount of current Union dues. Such sum shall constitute the employee's dues if the employee is a member of the Union, or shall otherwise constitute that employee's fair and equitable contribution to the expenses of administering this contract on the employee's behalf by the Union. Such deduction shall be made only if accrued earnings are sufficient to cover the service fee after all other authorized payroll deductions have been made.
The deduction and disbursement to the Union of dues and service fees provided herein shall be accomplished monthly by the State and payment to the Union shall be made on or before the fifteenth (15th) day following the date such deductions were made.
Any employee who is a member of a bona fide religious organization which teaches as a doctrine of faith that payment of Union dues is wrong may follow the procedures allowed by State law to have in-lieu-of-dues payment paid to a non-religious charity.
The Union shall indemnify and save the Agency harmless against any and all claims, damages, suits or other forms of liability which may arise out of any action taken or not taken by the Agency for the purpose of complying with the provisions of this section.
Section 9. Employee Statistics.
The Labor Relations Division and the Agency will, upon request of the Union, provide any regularly produced computer runs containing non-confidential statistics of the Union's bargaining unit members. This will include one (1) printout annually showing names and addresses of all bargaining unit employees and monthly information currently furnished. Any costs incurred in compiling and photocopying these statistical reports under this Agreement shall be billed to the Local Union making the request.
ARTICLE 4 - UNION / MANAGEMENT
MEETINGS
Section 1. Purpose.
The purpose of this Article is to promote harmonious relations between the parties.
Section 2. Meetings.
Either the Agency Head/Functional Unit Manager or the Union President may request a meeting. Each party may designate desired representation to the extent that such absences from duty do not cause a disruption of work or otherwise create a short staff situation. Off duty personnel participating in such meetings must do so on their own time. The actual meeting time will be established through mutual agreement. Refusal of either party to meet on a given subject does not constitute a contract violation.
Section 3. Scope of Authority.
Meetings will be held for purpose of discussion only. This committee will not enter into a binding agreement of any sort. The Committee may recommend agreements for signature to the parties, which are defined as The Department of Administrative Services and AFSCME Council 75. The Committee discussion may include all manner of local working conditions and non-disciplinary grievance issues.
ARTICLE 5 - LEGISLATIVE ACTION
Provisions of this Agreement not requiring statutory changes or funding by the full legislature before they can be put into effect shall be implemented on the effective date of this Agreement or the date otherwise specified in this Agreement. Necessary bills for implementation of the other provisions shall be submitted promptly by the Department of Administrative Services to the Legislative Assembly and both parties shall jointly recommend passage of the funding and statutory changes.
Nothing in this provision shall be construed as to require the Governor to call a special session of the Legislature.
If the Legislature fails to act or approve bills submitted under this Article, the parties shall reconvene immediately to renegotiate an alternative provision.
ARTICLE 6 - EFFECT OF LAWS AND
RULES
Section 1.
This Agreement is subject to all applicable existing and future laws of the State of Oregon. In the event of a conflict between a provision of this Agreement and a rule or regulation of the Department of Administrative Services or any of its Divisions, the terms of this Agreement shall prevail.
Section 2. Liability in Civil Suits.
The Agency agrees that any employee who has any civil action suit or proceeding brought against the employee for causes resulting from acting in the employee's official capacity, duties or employment in good faith and without malice, shall be given legal defense by the State of Oregon. The Agency further agrees to provide written procedures which will outline the proper methods for requesting this legal defense.
ARTICLE 7 - SEPARABILITY OF
PROVISIONS
If any provision of this Agreement shall be found to be invalid by any court having jurisdiction in respect, thereof, such findings as to such provision shall not affect the remainder of this Agreement, and all other terms and provisions hereof shall continue in full force and effect as set forth herein. In such event, the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement for such term or provision.
ARTICLE 8 - Blank
ARTICLE 9 - EQUAL OPPORTUNITY
Section 1.
The Agency and the Union agree to continue their policies of not unlawfully discriminating against any employee because of race, color, religion, sex, national origin, age, mental or physical disability, marital status, political affiliation, or union activity. Neither will the Agency discriminate based on sexual orientation.
Section 2.
Any complaint alleging unlawful discrimination based on race, color, religion, sex, national origin, age, mental or physical disability, marital status or political affiliation which is brought to the Union for processing will be submitted directly to the designated appointing authority. If such a grievance is not satisfactorily resolved within thirty (30) days of its submission, it may be submitted to the Bureau of Labor and Industries for resolution.
Section 3.
Complaints alleging discrimination based on sexual orientation may be submitted by the Union to the Department of Administrative Services, Labor Relations Division if not resolved by the Agency. The Labor Relations Division will review the complaint, attempt to resolve it, and issue its findings to the Agency and the Union. Such complaints may not be advanced pursuant to Article 51.
Section 4.
If an employee has a grievance alleging unlawful discrimination based on union activity, it shall be first pursued through the grievance procedure, however, the parties may mutually agree, in writing, to waive arbitration on any such grievance allowing the matter to be resolved through the Employment Relations Board.
ARTICLE 10 - MANAGEMENT RIGHTS
The Union agrees that the Employer retains all inherent rights of management and hereby recognizes the sole and exclusive right of the State of Oregon, as the Employer, to operate and manage its affairs in accordance with its responsibilities to maintain efficient governmental operations. The Employer retains all rights to direct the work of its employees, including, but not limited to, the right to hire, promote, assign, transfer, demote, suspend, or discharge employees for proper cause; to schedule work; determine the processes for accomplishing work; to relieve employees from duties because of lack of work or for other legitimate reasons; to take action as necessary to carry out the missions of the State; or determine the methods, means, and personnel by which operations are to be carried on, except as modified or circumscribed by the terms of this Agreement. The retention of these rights does not preclude any employee from filing a grievance, pursuant to Article 51, Grievance and Arbitration Procedure, or seeking a review of the exercise of these rights, when it is alleged such exercise violates provisions of this Agreement.
ARTICLE 11 - CONTRACTING OUT
The Agency may determine to contract or subcontract work provided that, as to work which is presently and regularly performed by employees in the bargaining unit, the Agency agrees to notify the Union and negotiate the decision and impact of the pending action. It is specifically understood that such negotiations are not required in (1) emergency situations, (2) where the impact is minimal (and not mandatory), or (3) where the assignment of work currently being performed by the bargaining unit members is transferred to other state facilities.
ARTICLE 12 - INSURANCE
Section 1.
An Employer contribution will be made for each eligible employee who has at least eighty (80) paid regular hours in the month.
The contribution for eligible participating part time employees with eighty (80) or more hours paid time for the month will be prorated based on the ratio of paid regular hours to full time hours to the nearest full percent.
Effective January 1, 2001, and for plan years beginning January 1, 2002 and 2003, the Employer shall make the following contributions in full for full-time employees who have at least eighty (80) paid regular hours in a month::
Employee $387.14
Employee and Spouse $520.12
Employee and Child(ren) $443.59
Employee and Family $531.97
Plan Year 2001. The Employer contribution shall be sufficient to cover the PEBB prototype plans and basic dental coverage within each tier as designated by PEBB annually for the employee and family. An employee may choose not to participate in a prototype plan and may select a plan of greater or lesser premium cost. If the employee selects a plan of greater cost, there may be out of pocket monthly expense to the employee. If the employee selects a plan of lesser cost, the employee may receive cash back. The amount of any out of pocket or cash back cost will be determined by PEBB.
The Employer insurance contribution for the plan year 2001 will be based on the composite of the Public Employees Benefit Board’s (PEBB) prototype contribution tiers. The Employer contribution shall be sufficient to cover the PEBB prototypes within each tier and basic dental coverage as designated by PEBB for the employee and family. An employee may choose not to participate in a prototype plan and may select a plan of greater or lesser premium cost. If the employee selects a plan of greater premium cost, there may be out-of-pocket monthly cost to the employee. If the employee selects a lower cost plan, the employee may receive cash back. The amount of any cash back, or out-of-pocket cost will be determined by the PEBB Board.
Plan Year 2002.
Plan Year 2003.
Should the additional subsidy amount be insufficient funds to cover full premium costs, the PEBB, in its sole discretion, may decide to use the PEBB reserve funds to cover any additional subsidy beyond the $85.00. If PEBB does not release sufficient reserves, the parties agree to delay implementation of the effective date of the February 01, 2003 salary increase by one month or as agreed to by the parties.
If spending the full $85.00 subsidy is not necessary to provide coverage with no out of pocket health and dental premium costs to all eligible employees, the parties agree to early implementation of the February 1, 2003 salary increase as provided herein. For every $15.00 reduction in the average subsidy expense, the February 1, 2003 salary implementation date shall be moved forward one month.
Section 2.
The contribution for eligible participating part time employees with fifty percent (50%) or more paid time for the month will be prorated based on the ratio of paid regular hours to full time hours to the nearest full percent.
ARTICLE 13 - SALARY AND WAGES
Section 1. Retirement
The State will continue to “pick up” a six percent (6%) (average employee contribution to the Public Employees Retirement Fund) for the employee members participating in the Public Employees Retirement System. Such State “pick up” or payment of employee member monthly contributions to the system shall continue for the length of this agreement.
Section 2. Security Salary (non-strikeable).
Effective July 01, 2001, salary schedules will be increased by two and one-half percent (2 1/2%) as a cost of living adjustment.
Effective July 01, 2002, salary schedules will be increased by three percent (3%) as a cost of living adjustment. Should the employer average insurance premium subsidy for the plan year 2003 exceed $85 per eligible employee above the Employer subsidy for plan year 2002, the parties agree to delay implementation of the effective date of the February 2003 by one month or as agreed to by the parties, consistent with the AFSCME Central Table Agreement.
ARTICLE 14 - SALARY
ADMINISTRATION
Section 1.
Employees shall be eligible for annual performance pay increases on the employees' eligibility date provided the employee is not at the top step of the salary range of the employees' classification. The employee may be denied the annual performance pay increase if there has been a serious performance or attendance problem. Denials are subject to review within six (6) months. Denials may be grieved under the provisions of Article 51.
Section 2.
Any employee requiring an emergency draw shall be authorized once during the term of this Agreement to make such a draw without explanation. Additional draws may be requested in accord with existing policy and will be considered on a case by case basis.
Section 3. Submission of Salary Increases.
Salary increases must be made to be effective on the first day of the month and must be submitted prior to the proposed effective date. However, salary increases to correct errors or oversights and retroactive payments resulting from grievance settlements will be authorized. The effective date for annual salary increases must be the first day of a month. In no event shall any retroactivity exceed twelve (12) months from the date upon which the oversight or error is brought to management's attention in writing, or, in the case of a grievance settlement, the date the grievance was filed in writing.
Section 4. Salary on Promotion.
An employee shall be given an increase to the next higher rate in the new salary range effective on the date of the promotion and on the first of the month following completion of trial service after promotion and annually thereafter until employee has reached the top step of the salary range.
Section 5. Salary on Demotion.
Whenever an employee demotes to a job classification in a lower range that has a salary rate the same as the previous step, the employee's salary shall be maintained at that step in the lower range.
Whenever an employee demotes to a job classification in a salary range which does not have salary steps corresponding with the employee's previous salary but is within the new salary range, the employee's salary shall be maintained at the current rate until the next eligibility date. At the employee's next eligibility date, if qualified, the employee shall be granted a salary rate increase of one (1) full step within the new salary range plus that amount that their current salary is below the next higher rate in the salary range. This increase shall not exceed the highest rate in the new salary range.
Whenever an employee demotes to a job classification in a lower range, but the employee's previous salary is above the highest step for that range, the employee shall be paid at the highest step in the new salary range.
This section shall not apply to demotions resulting from official disciplinary actions.
Section 6. Effect of Break in Service.
When an employee separates from State service and subsequently returns to the State service (except as a temporary employee), the employee's salary eligibility date shall be determined by the Agency as follows:
a. Return from Layoff List. When a former employee who was laid off is recalled, the employee will be paid at the step they were at the time of layoff. Employee's previous salary eligibility date adjusted by the amount of break in service shall be restored.
b. Return from Reemployment. When a former employee is reemployed to a position in the same class in which the employee was previously employed or in a related class with the same salary range, the employee may be paid at or below the step at which the employee was being paid at the time of termination. If an employee is reemployed in a position in a class with a lower salary range than that of the employee's previous position, the employee may be paid at any step in the lower salary range not exceeding the rate the employee was being paid in the higher class, except where exceptional circumstances justify payment of a higher rate. The previous eligibility date adjusted by the amount of break in service shall represent the earliest salary eligibility date following return. However, the salary eligibility date may be established by the Agency as the first of the month in any future month up to twelve (12) months from date of reemployment.
ARTICLE 15 - OVERTIME
Section 1.
All time for which an employee is compensated at the regular straight time rate of pay, except on call time but including holiday time off, compensatory time off, and other paid leave, shall be counted as time worked.
Section 2.
Overtime for employees working a regular work week is time worked in excess of eight (8) hours per day or forty (40) hours per week within the employee's basic work week. Overtime for employees working an irregular work schedule (4-10) is time worked in excess of the scheduled hours per day or forty (40) hours per week within the employee's basic work week. Time worked beyond regular schedule by employees scheduled for less than eight (8) hours per day or forty (40) hours per week is additional straight time worked rather than overtime until work exceeds eight (8) hours per day or forty (40) hours per week within the employee's basic work week.
Section 3. Shift Change Penalty.
Except for shift changes requested by the employee, if a shift change requires that an employee work more than five (5) consecutive days, the employee will be compensated at the rate of time and one-half for all hours worked in excess of forty (40) hours within the employee's prior work week. If an employee is required to work more than eight (8) hours in any twenty-four (24) hour period, the employee shall be paid at the overtime rate for all hours in excess of eight (8) during that same twenty-four (24) hour period. Employee work week is defined as the seven (7) day period beginning with the employee's first scheduled work day.
Shift change penalty for working more than eight (8) hours in a twenty-four (24) hour period does not apply for regular shift and days off bid or requested by employees which have different starting times consistent with current practice.
Section 4.
Overtime shall be paid at the rate of time and one-half (1-1/2). The form of compensation for overtime shall be pay or compensatory time off, at the option of the Agency. If compensatory time is used, it shall be credited at the appropriate overtime rate. Any compensatory time accrued in excess of eighty (80) hours will be paid off within the pay period of the month following the month in which it is accrued.
No application of this Article shall be construed or interpreted to provide for compensation for overtime at a rate exceeding time and one-half (1-1/2), or to effect a "pyramiding" of overtime, i.e., time and one-half (1-1/2).
Overtime shall be voluntary except during periods of emergency or unless Management is unable to fill a work assignment by voluntary means.
Section 5. Exemptions from Overtime.
All employees who are exempt from overtime under the standards established by the FLSA shall be excluded from overtime. The Agency and the Union shall apply FLSA standards to reach agreement upon exempt employees.
Grievances which grieve the eligibility of employees for overtime shall follow the procedure in Article 51 - Grievance and Arbitration, Steps 1 and 2. If the grievance is still unresolved after Step 2, the affected employee may file a charge with the Bureau of Labor and Industries (BOLI), Wage and Hour Division, or with the U.S. Department of Labor (DOL).
Section 6.
Any employee assigned to escort inmates out of state will be compensated eight (8) hours per day at the straight time rate, and one and one-half (1-1/2) times the straight time rate for any hours actually worked over eight (8) hours per day, unless escorting on the employee's regular day off, where the employee shall receive overtime for the first eight (8) hours also.
Section 7.
Shift changes as a direct result of job bidding requiring the bidding employee to work more than five (5) consecutive days will be compensated at the regular straight time rate of pay.
Section 8.
The parties agree that an employee's compensatory time is payment for work already accomplished. Compensatory time may be used by the employee in lieu of vacation or sick leave unless the employee is on written notice involving attendance problems.
Section 9. Distribution of Voluntary Overtime.
Volunteers will be sought by contact with all staff on shift followed by contact of a volunteer list as determined by local Labor / Management committees. No employee shall be required to work more than sixteen (16) hours of overtime per week unless there is an emergency or valid cause. The method of assigning and limits on mandatory overtime and limits on voluntary overtime may be determined by the local Labor / Management committees and formalized in a Letter of Agreement (LOA). Voluntary overtime may be denied for valid cause. Mandatory overtime lists will be posted.
ARTICLE 16 - DIFFERENTIALS
Section 1. Shift Differentials
Night shift differential shall apply to all bargaining unit members except part-time employees working less than thirty-two (32) hours per month.
In order to qualify for night shift differential, an employee must be in a job classification which is eligible for overtime compensation. This provision does not include FLSA exempt employees, who may be eligible for hour-for-hour compensation.
Effective upon ratification of this agreement, an employee shall be paid a differential of fifty cents ($0.50) per hour for all hours of any shift which starts between the hours of 12:00 noon and 2:00 a.m. A major portion of an hour is a period of thirty (30) minutes or greater.
Section 2. Commercial Driver's License (CDL) Differential.
The Agency shall reimburse up to seventy-four dollars ($74.00) for the CDL physical and seventy dollars ($70.00) for the original CDL, for employees who are required by the Agency to have a CDL for performance for their duties.
Section 3. Relief Factor Management (RFM) Differential.
Effective upon ratification, employees assigned as a Relief Factor Management position (RFM) will receive a differential of five percent (5%) of base pay in lieu of other penalty pay. Penalty pay, for purposes of this agreement, refers to Article 15, Section 3, shift differential, and work out of class compensation. Except for emergency situations or as mutually agreed, the employee assigned as RFM will be given seven (7) days advance notice of shift and/or days off changes.
Section 4. Bilingual Differential.
When formally assigned in writing to interpret to or from another language to English will receive a differential of four percent (4%) of base pay.
Section 5. Incentive Plan.
Employees who obtain an intermediate certification from DPSST shall have a premium of three percent (3%) per month in addition to their base wages. Employees who obtain an advanced certification from DPSST shall have a premium of six percent (6%) per month in addition to their base wages (above certificate premiums are non-cumulative). Employees may be required to complete one physical for either the intermediate or advanced certificate, but not both. Employees who currently have the Intermediate or Advanced certificate will not be subject to the physical.
Members of the TERT Team, shall have a premium of two percent (2%) per month added to their base wage.
ARTICLE 17 - CALL-BACK TIME
Section 1.
An employee who is called back to work outside the employee's regular shift, will receive overtime compensation in accordance with the Overtime Article of this Agreement for hours actually worked; but in no event will the employee be paid less than four (4) hours at the straight time rate of pay.
Section 2.
This provision will not apply when call-back results from employee oversight, i.e., taking home necessary keys, equipment necessary at the Institution, etc. The provision does not prevent the Agency from calling employees for information not requiring call-back. The employee would not be required to remain home or available unless on standby.
ARTICLE 18 - REPORTING PAY
An employee who is scheduled for work and reports to work and there is not work available may be excused from duty, but shall be paid at their regular rate for the shift of work scheduled.
ARTICLE 19 - ON-CALL
Section 1.
Employees shall be paid one (1) hour of pay at second step of the correctional officer range for every two hours of assigned on-call duty.
Section 2.
Employees shall be on call when specifically assigned and required to be available for work outside their normal working hours. Criteria for this status shall include the following conditions:
Restriction of movement (geographic)
Specified response time upon notification
Limits on actual use of on-call time
Disciplinary consequences for failing to respond
Pagers or similar technology does not trigger on-call status.
Section 3.
When a work site or duty station is also an employee's private residence during off duty hours, time spent at home shall be considered standby duty only when the following conditions exist:
a. The Agency Appointing Authority or designated representative requires that an employee be restricted to a work site or duty station for a specific period of time; and
b. The employee is required and must be prepared to commence full time work if the need arises.
Section 4.
An employee shall not be on standby time once the employee actually commences performing assigned duties and receive the appropriate rate of pay for time worked.
Section 5.
No employee is eligible for any premium pay compensation while on standby duty except as expressly stated in this Article.
Section 6.
Employees who are exempt from overtime compensation shall be ineligible for on-call pay.
Section 7.
On-call time shall not be counted as time worked in the computation of overtime compensation.
Section 8.
Employees on forest fire assignment who are off duty shall be considered on-call unless the employer notifies the employee otherwise.
ARTICLE 20 - WORK OUT OF
CLASSIFICATION
Section 1.
When an employee is assigned in writing for a limited period to perform the duties of a position at a higher level classification for more than five (5) consecutive calendar days, the employee shall be compensated for all hours worked beginning from the first day of the assignment for the full period of the assignment at a rate which is not less than the equivalent of a one (1) step increase, or the bottom step of the higher range when no salary overlap exists between ranges.
Section 2.
An employee performing duties out of classification for training or developmental purposes shall be informed in writing of the purpose and length of the assignment during which there shall be no extra pay for the work. A copy of the notice shall be placed in the employee's file.
Section 3.
An employee who is underfilling a position shall be informed in writing of their underfill status, the reasons for the underfill, and the requirements necessary for the employee to qualify for reclassification to the allocated level. Upon gaining regular status and meeting the requirements for the allocated level of the position, the employee shall be reclassified.
Section 4.
Assignments of work out of classification shall not be made in a manner which will subvert or circumvent the administration of this Article. This higher class work will be entered into the employee's personnel file and shall be used for annual performance appraisals and will be taken into consideration by supervisors during promotional merit ratings.
ARTICLE 21 - LEAD WORK
DIFFERENTIAL
Section 1.
Lead work differential shall be defined as a differential for employees who have been formally assigned by their supervisor, in writing, "lead work" duties over three (3) or more employees in their classification or salary range for ten (10) consecutive calendar days or longer. Lead work is where, on a recurring daily basis, while performing essentially the same duties as the workers led, the employee has been directed to perform substantially all of the following functions: to orient new employees, if appropriate; assign and reassign tasks to accomplish prescribed work efficiently; give direction to workers concerning work procedures; transmit established standards of performance to workers; review work of employees for conformance to standards; and provide informal assessment of workers' performance to the supervisor.
Section 2.
The differential shall be five percent (5%) beginning from the first day the duties were formally assigned in writing for the full period of the assignment.
Section 3.
Lead work differential shall not be computed at the rate of time and one-half (1-1/2) for the time worked in an overtime or holiday work situation, or to effect a "pyramiding" of work out of classification payment.
Section 4.
Lead work differential shall not apply for voluntary training and development purposes which are mutually agreed to in writing between the supervisor and the employee.
Section 5.
The employee who believes they are performing the duties of a lead worker as defined in section 1, may request a review of the duties as follows:
a. The employee shall notify their supervisor and appropriate Personnel Officer, in writing for a review.
b. The supervisor, on behalf of the Agency, will respond to the employee in writing, within fifteen (15) calendar days from the date of notification.
c. If it is the Agency's determination that the lead work duties were assigned, the leadwork differential will be effective the date the employee notified the supervisor.
d. If the Agency determines that the duties are not leadworker or wishes to remove the duties, the employee will be notified as noted in "b" of this article.
ARTICLE 22 - TRAVEL
AND MOVING EXPENSE
Section 1.
Travel, mileage and moving expenses shall be reimbursed as per the Department of Administrative Services Accounting Manual rate adjustments.
Section 2.
If the per diem rates are adjusted upward, the rates of this Article will be adjusted likewise.
Section 3. Reimbursement of Expenses Incurred in Rescinded Transfer.
An employee who is given written notice of transfer that is later rescinded shall be compensated for all expenses incurred which are reimbursable under Section 1 of this Article. The employee shall furnish the Agency with normally required receipts of expenses claimed when requesting compensation.
ARTICLE 23 - EMERGENCIES
Section 1.
During periods of bona fide emergency, provisions of this contract regarding work assignments and scheduling, job posting, and overtime scheduling may be temporarily suspended by the Agency as required for the duration of the emergency. Appropriate notification of the emergency status will be made to the Union or designee.
Section 2.
Emergency is defined as an unforeseen circumstance which may threaten the safety and security of the public, inmates, employees and/or property.
This section shall not be used by management to justify suspension of the above described contract rights to meet the daily operational needs in filling unexpected shift vacancies due to absences of scheduled staff which occur from time to time.
ARTICLE 24 – Use of Alcohol
and Drugs
Section
1. Policy.
The Department of Corrections and AFSCME agree the purpose of this Agreement on alcohol and drug testing is to help ensure the work place is free from the effects of drug and alcohol abuse, and to do so in a way as to protect each employees constitutional and statutory rights. The Department of Corrections is committed to assisting regular status employees to overcome drug and alcohol problems through appropriate treatment programs and, if necessary, disciplinary action. The presence or treatment of a substance use problem will not excuse an employee from meeting performance, safety or attendance standards or following other DOC instructions. Trial service employees are not subject to the provisions of this section.
Section
2. Prohibited
Conduct.
A. The buying, selling, or providing, or possession for the purpose of buying, selling, or providing controlled substances including marijuana while on Agency property or in Agency vehicles or equipment, or during work hours, including paid rest and meal periods.
B. Being under the influence of alcoholic intoxicants, or consuming alcoholic intoxicants while in Agency vehicles or equipment at any time, or on Agency property, including rest and meal periods.
C.
Being at work with a blood alcohol content that reaches or exceeds .02%
by volume/weight of alcohol in the blood.
D. Possession of any controlled substance including marijuana while on Agency property or in Agency vehicles or equipment at any time, including rest and meal periods. However, this excludes substances that have been legally prescribed for an employee’s own use.
E. Being at work under the influence of any controlled substance, including marijuana, or having such substances present in the body while on Agency property or in Agency vehicles or equipment at any time, including rest and meal periods. An employee has controlled substance present in the body when the employee tests positive in blood or urine tests administered by the Agency for drug and alcohol testing. An employee shall be deemed to test positive for cannabinoids (marijuana or hashish) if his or her urine test indicates 50 or more nanograms THC metabolites/ml. However, this excludes substances that have been prescribed for an employee’s own use.
F. Abusing any substance which is lawfully prescribed by regularly taking it in excessive quantities or by unlawfully obtaining it for purposes of abuse.
G. For purpose of this agreement, the term controlled substance shall be defined in accordance with ORS 475.005(6).
Section
3. Under
the Influence.
The term under the influence of controlled substances including marijuana or alcoholic intoxicants covers not only all the well-known and easily recognized conditions and degrees of impairment and intoxication, but any perceptible abnormal mental or physical condition which is the result of indulging to any degree in controlled substances, marijuana or alcoholic intoxicants which perceptibly tend to deprive the use of that clearness of intellect and control the employee would otherwise possess.
Section
4. Discipline
and Other Action.
Prohibited conduct described in Section 2A and 2D above shall result in termination. Prohibited conduct described in Sections 2B, 2C, 2E and 2F shall result in actions specified in Section 6 below.
Section
5. Reasonable
Suspicion Testing.
A. Where the Agency has a reasonable suspicion that an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result.
B. When
the employee is notified he or she is required to consent and submit to such
test, or to searches as described in Section 8 of this Agreement, he or she may
request the presence of a Union representative to witness the tests or searches. The test or searches may not be unduly delayed in order to
wait for a representative. The
absence of a representative shall not be grounds for the employee to refuse to
consent and submit to such tests or searches, however the Agency shall make
every reasonable effort to provide a Union representative. The presence of a
representative shall not disrupt or interfere with the tests or searches.
C. Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisors department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s).
D. The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information:
1. Employees consent to release test results to the Agency;
2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana;
3. The consequences of a confirmed positive test result for a controlled substance, including marijuana;
4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood;
5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive;
6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer;
7. The right to have a Union representative present during the preliminary interview and any follow-up investigation;
8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test.
E. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards.
F. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon.
G. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.
Section
6. Consequences
of Test Results.
A.
Test results which do not positively
establish the employee has engaged in prohibited conduct as described in
Sections 2B, 2C, 2E or 2F of this Agreement shall result in no further action
against the employee related to an alleged violation of those sections. The
employee shall be informed of such test results in writing.
Persons who do not test positive shall not have any record of the test
placed in his or her official personnel file. Working files may contain records
of the observations which led to the reasonable suspicion testing but not
records of the test itself. If the employee subsequently demonstrates similar
behaviors, these records may be relied upon by the employer in disciplinary
proceedings.
B.
If an employee who tests positive and has
not previously committed prohibited conduct specified in Sections 2B, 2C, 2E or
2F in this Agreement, the employee shall immediately submit to a medical
evaluation by a doctor selected and paid for by the Agency.
The evaluation will determine the extent of the employee’s use of, and
dependence on, the applicable substance(s) and, if necessary, recommend an
appropriate program of treatment, including but not limited to rehabilitation
and counseling to prevent future use. If a program of treatment is recommended
by the doctor, the employee shall enroll in it immediately.
Failure by the employee to enroll in the recommended program or to
complete it successfully shall result in his or her termination from employment.
The cost of such treatment shall be at the employee’s expense except as it may
be covered by insurance. The employee may take paid leave or leave without pay
for the period of treatment.
C.
The first instance of an alcohol test
result of .02 - .039 shall not be considered a positive test result for alcohol
for the purpose of requiring a medical evaluation by a doctor. An employee may
use vacation and/or sick leave benefits for this time period.
It will however, require that the employee be removed from duty until
their next scheduled shift. An
alcohol test result of .04 or greater will subject the employee to all
provisions of this Agreement.
D.
If an employee who tests positive and has
previously committed prohibited conduct specified in Sections 2B, 2C, 2E or 2F,
and subsequently is found to have committed such prohibited conduct a second
time within three years, he or she shall be subject to discipline up to and
including termination. The level of discipline imposed for subsequent instances
of such prohibited conduct beyond three years may be termination but shall be
determined on a case by case basis.
Section
7. Voluntary
Rehabilitation.
A. The primary objectives of the Agency’s drug and alcohol policy are to maintain employee performance and good health and a safe work environment. If, prior to a requirement by the Agency that the employee submit to any of the tests specified in Section 5 of this Agreement, the employee notifies a supervisor he or she has drug or alcohol problems that require treatment, then in that event the employee shall immediately submit to a medical evaluation by a doctor selected and paid for by the Agency and shall enroll in a treatment program recommended by the doctor. An employee may seek such evaluation and treatment from the employee’s own doctor, at the employee’s expense. The employee shall notify the employer of the name of the doctor. An employee who enters rehabilitation and successfully completes rehabilitation under the terms of this paragraph shall not be subject to discipline. The cost of such treatment shall be at the employee’s expense except as it may be covered by insurance. The employee may take paid leave or leave without pay for the period of treatment.
B.
If an employee has previously enrolled in
a voluntary rehabilitative treatment described in subsection A and subsequently
again volunteers for such treatment in advance of being required to submit to
any of these tests specified in Section 5 of this Agreement, then the employee
shall immediately submit to a medical evaluation by a doctor selected and paid
for by the Agency and shall successfully complete the treatment program
recommended by the doctor. An employee may seek such evaluation and treatment
from the employee’s own doctor, at the employee’s expense. The employee
shall notify the employer of the name of the doctor. If the employee fails to
complete the treatment program successfully he or she shall be subject to
discipline up to and including termination. The cost of such treatment shall be
at the employee’s expense except as it may be covered by insurance. The
employee may take paid leave or leave without pay for the period of treatment.
Section 8. Searches.
The Agency reserves the right to conduct searches for any reason of Agency equipment or facilities generally, and may search anything or area in which the employee has an expectation of privacy (i.e., desk, locker, outer garment clothing or personal property) to the extent permitted by law. Refusal by the employee to submit to a lawful search shall result in termination.
Strip searches and frisk searches will be undertaken in the event of a criminal investigation and only for probable cause as determined by the investigating law enforcement agency.
Section 9. Consequences of Search Results.
A. Reasonable suspicion searches which do not reveal the presence of alcohol or controlled substances, including marijuana (but excluding any substance lawfully prescribed for the employee’s use which has not been obtained for the purpose of abuse), shall result in no further action against the employee related to an alleged violation of Section 2D. The employee shall be informed of such search results in writing.
B. Searches which reveal the presence of alcohol or controlled substances, including marijuana, (but excluding any substance lawfully prescribed for the employee’s use which has not been obtained for the purpose of abuse) shall result in those consequences specified in Section 4 as though a positive blood or confirmed urine test had been administered.
Section 10. Training
The Agency recognizes that, in order to administer the standards and procedures set forth in this Agreement fairly and to minimize the possibility of unwarranted testing and searches, supervisory personnel shall receive training in how to recognize and deal effectively with substance abuse in the work place. Accordingly, the Agency will provide such training to supervisors and designated union representatives before the requirements of this Agreement are implemented and enforced. Annual in-service training and an updating program will be developed and administered to supervisory personnel within the Agency.
Section
11. Emergencies.
In the event of emergency the Agency wishes to call out an employee to perform additional duties and the employee has consumed intoxicants, the employee will notify his or her supervisor that he or she has consumed intoxicants and is impaired and therefore is unable to report for duty.
ARTICLE 25 - WORKING
CONDITIONS
Section 1. Work Week.
a. Work Week Defined. The work week for the Institutions shall begin at 12:01 a.m. Sunday and end at 12:00 Midnight the following Saturday. All permanent full-time employees in the unit shall be scheduled for five (5) shifts of eight (8) hours and two (2) consecutive days off within each work week, or four (4) shifts of ten (10) hours and three (3) consecutive days off within each work week. Saturday and Sunday will be considered as consecutive days off within the work week.
b. Work Week Adjustments. If a variance from this paragraph is required in order to accomplish the mission of the Institution, the Agency shall notify the Union of the reasons for the change prior to its effective date and the Union shall be afforded an opportunity to comment and offer alternative suggestions. If the Union feels the change is unreasonable, the matter may be processed as a grievance.
Section 2. Working Hours.
a. Work Hours Defined. The standard work day shall be a period of twenty-four (24) hours, containing eight (8) or ten (10) consecutive hours of work interrupted by rest and meal periods.
b. Rest Periods. Rest periods will normally consist of two (2), fifteen (15) minute breaks. Rest periods for staff preferably will occur between the second (2nd) and third (3rd) hours and the fifth (5th) and sixth (6th) hours of the employee's shift. However, it is understood that breaks are not guaranteed at regular and recurring intervals. Management agrees to make reasonable effort to allow rest breaks where possible, but does not guarantee that breaks will be granted on every work shift or that they will occur at regular and recurring intervals.
c. Security & Recreation staff. Where security and recreation staff have a past practice allowing informal breaks to occur, that practice shall continue on a reasonable basis consistent with Section 2b above.
d. For Transport staff only. Transport staff may work a flexible work schedule. A flexible work schedule is a work schedule which may vary the start and stop times on a daily basis but does not exceed the number of total normal duty hours previously scheduled for that day. Employees assigned long distance transports will be permitted to eat their meal while on duty; time will count as time worked. There will be an eight (8) hour break between the end of one (1) day and the beginning of the next work day except in emergencies, or when on out-of-state transport and scheduling does not permit such a break, or when requested by the employee and where safety and security is not compromised.
Section 3. Meal Periods at Institutions.
a. Scheduling. A meal period shall be scheduled for each employee at approximately the mid-period of the work day, as work permits. This period shall begin upon the employee being relieved and shall end upon the employee's return to the work station.
Inmate Work Crew Supervisors may, at the discretion of management, be required to take unpaid meal periods not to exceed one (1) hour on work assignments where alternate inmate supervision is available.
b. Overtime. A reasonable meal period shall be allowed at the conclusion of a regular shift when a security employee is required to work overtime shifts of at least four (4) hours beyond the employee's regular shift. The Agency shall furnish the meal, and the time shall count as time worked. If an employee is called back to work a full four (4) hour overtime shift with less than two (2) hours' notice, the employee's meal will be furnished by the Agency.
c. Work Performed During Meal. A meal period shall be allowed each employee as work permits. Employees who are not relieved from the employees' shift, and are required to remain in their work area while eating, shall have such time counted as time worked. In no instance shall an employee be required to use a meal period in excess of one (1) hour.
d. Cost of Meals. Unless otherwise specified, meals are at the employee's expense.
Section 4. Clean-Up Time in Institution.
Except in emergencies, employees in the unit shall be allowed a reasonable amount of clean-up time during duty hours, prior to meal breaks and completion of shift. Abuses of clean-up time may be subject to disciplinary action.
Section 5. Vacation Relief.
The Agency will continue to use Correctional Officers to relieve other security staff on vacation without penalty.
Section 6. Security Briefings.
Where security staff are required to attend security briefings prior to commencement of their shift, it shall be counted as time worked and paid in accordance with Article 15 - Overtime.
Security staff may be required to attend security briefings fifteen (15) minutes prior to the commencement of their shift. The Agency agrees to compensate those employees required to attend security briefings prior to going on duty at a premium pay of thirty-five cents ($0.35) per hour for their entire shift.
Section 7. Time Trades
Employees may agree to time trades with other employees who are qualified to perform the duties required in the course of the trade. Such agreement shall be in writing and signed by the affected employees. Supervisors shall not withhold approval of time trades without valid cause.
Time trades are voluntary agreements between employees and shall not cause financial liability to the employer. The employee originally scheduled to work the shift is responsible to ensure that the time trade occurs as submitted or he/she shall be charged with leave time.
Employees who wish to enter into a time trade agreement shall submit a Departmentally approved form seven days in advance of the trade date. If a trade is denied a brief explanation shall be provided on the form which will then be returned to the employee.
All time trades shall be completed within a 30 day time period.
The
notification deadline and/or the completion period may be extended or reduced at
individual functional units by mutual agreement between the local Union and the
functional unit
Manager via the Labor/Management meeting process.
Institution Security Managers may reduce the minimum notification deadline or extend the completion period at their discretion and with the agreement of the affected employee.
Section 8. Work Schedules (Except EOCI).
Schedules showing each security employee's shift, work days, and hours shall be posted in the appropriate department at all times. Except for emergency situations or as mutually agreed, the Agency will provide seven (7) days' notice of changes in work schedule.
Section 9. Seniority.
For purposes of bidding under Article 25, Working Conditions, seniority is defined as time in class in the security bargaining unit, (including OWCC), except that employees in the bargaining unit on July 1, 1994, shall retain the seniority date they have in their current position until such time as the employee leaves that position.
The intent is that an employee in the AFSCME security series on July 1, 1994, keeps the seniority date negotiated in the 1992-94 Agreement for as long as the employee remains in the classification and functional unit the employee was in on that date. Once the employee leaves that position by promoting to a higher classification in the security series, transferring to a position in the same classification in another AFSCME-represented functional unit, or leaves the bargaining unit security series for any reason and then returns, the employee's seniority date will be recomputed to meet the definition of "time in class in the security bargaining unit, (including OWCC)." Seniority not sanctioned by this Agreement will not be recognized.
Section 10. Shift Bidding Procedures by Institution.
Eastern Oregon Correctional Institution
a. All security posts, except those specified as exempt, shall be included in the bid system with seniority prevailing.
b. All security section posts not exempt shall have an established rotation period of six (6) months as existed on July 01, 2001. A rotation period can be changed to three (3) months at the discretion of the Institution, however, the Union can grieve the reasonableness of the decision under paragraph E below. The mechanics of the bidding procedure shall be determined by the Agency. The affected post shall then be assigned to the senior employee placing a bid, and such employee must remain on such post until the next rotation date occurs. All affected employees must bid each time their respective post rotates. An employee cannot use seniority to secure a post for more than two (2) consecutive bids nor use seniority to secure a bid for the same post during a two (2) year period. Seniority will prevail on every bid, but the post an employee may bid by seniority will vary as per above. An employee who has not successfully bid a post or an employee who did not bid a post may be assigned by the Institution until such employee is able to make a successful bid.
c. A senior employee may be denied or removed from a post for valid cause only.
d. If an employee is assigned for Institution convenience to an exempt post herein specified, the Institution will provide adequate training prior to assignment. The posts exempt from bidding are: