Black Hawk County Employees' Bargaining: Wages, Hours, and Leave, Schemes and Mind Maps of Law

Download Black Hawk County Employees' Bargaining: Wages, Hours, and Leave and more Schemes and Mind Maps Law in PDF only on Docsity! COLLECTIVE BARGAINING AGliEEMENT between BLACK HAWK COUNTY And PUBLIC PROFESSIONAL & MAINTENANCE EMPLOYEES LOCAL UNION 2003 CLERICAL EMPLOYEES UNIT I July 1, 2019 June 30, 2022 PUBLIC PROFESSIONAL & MAINTENANCE EMPLOYEES LOCAL UNION 2003, CLERICAL EMPLOYEESs UNIT I and BLACK HAWK COUNTY Elective July 1, 2019 to June 30, 2022 Article No. Page No Agreement . . . . . . - - - - - - - - - -. Casual Days Duration of Agreement Eligibility for Pay Increments Entire Agreement and Waiver Clause................................. Bereavement and Funeral Leave.......... Grievance Procedure & Arbitration .. .... Holidays Hours of Work and Overtime Injury Reporting Job Classifications by Pay Grade - "Exhibit A" Job Classifications and Straight-Time Hourly Wage Rates Jury Duty and Witness Leave l=etive ofAbscxn(se......- --- -- - -. -. . e- - - -- . Letter of Agreement -- Lead Worker...... Longevity No Strike-No Lockout.......................................... Pay Period and Pay Day...............................--- -''................. Pre-Tax Reimbursement Account................... . . ..... .. . . .... . . .. .. Recognition Salary Schedule FY20 - "Exhibit B" Salary Schedule FY 21- "Exhibit C" Salary Schedule FY 22 - "Exhibit D" Seniority Separability and Savings...................................................... S'cjcllea.veq.....eeeeaqape e +B B e BB &BB+e BBeaaq! ae-o-P TTBUPoo aBBe aBBBBBB. Union Leave . .. . . . . . . Vacation l 13 15 14 13 9 ..2 10 ..5 5 17 11 11 .. 5 16 14 .1 12 11 l 18 19 ,20 3 .1 .7 15 12 18 .22 .20 17 10 4 11 8. .7. 12 14. 6 19. 3 15 13 l 5 ..2 9. .21 16 compel the arbitration of a grievance without the written consent of the other. An aggrieved employee may elect to not have a union representative present at the grievance meeting(s). All grievances must be taken up promptly, and awards and settlements thereof shall in no case be made retroactive beyond the date on which the grievance was first presented in written tami as provided in Step I of the grievance procedure. If a grievance is not presented within the time limits specified in this Article, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limits, it shall be considered settled on the basis of the Employer's last answer. A grievance not timely answered by the Employer may automatically be referred to the next highest step unless withdrawn by the employee. Acer either party hereto has notified the other of its referral of a case to arbitration, the parties will meet within ten (1 0) working days after receipt by either party hereto of notice of referral of a case to arbitration to select an arbitrator or to request in writing the Federal Mediation and Conciliation Service or Iowa Public Employment Relations Board to fumish a suggested list of names of seven (7) arbitrators from which list the parties shall select one (1) arbitrator. Such selection shall be by agreement if possible; otherwise, by the parties altemately eliminating names bom the list. After each party has eliminated the names of three (3) arbitrators hom the list, the arbitrator whose name remains on the list shall be accepted by both parties as the arbitrator to hear and decide the pending case. The fees and expenses of the arbitrator will be paid equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the arbitration hearing shall be made unless requested by a party. The cost of stenographic reporting of the hearing shall be bome by the party requesting the same, except that the other party may request a copy of such transcript, in which case the parties shall equally divide the cost of stenographic reporting and of the transcripts. The arbitrator shall have no power to change, alter, detract from, or add to the provisions of this Agreement. The arbitrator's decision will be final and binding on both parties. All grievance and arbitration meetings under this Article are to be held in private and are not open to the public. The grievances and disciplinary matters are confidential. ARTICLE 5 SENIO]UTY Section 1. Definition: Seniority shall be defined in three (3) ways A. .B2£92jEJE&Unit: The length of continuous service in the bargaining unit since the employee's last date of hire. Employees with the same seniority date will have their seniority established by the last four digits of their social security number. The employee with the highest number will have the greatest seniority for that day. When a permanent part- time employee becomes a full-time employee, the employee's full-time seniority shall be nifty percent (50%) of their continuous service under the bargaining unit. ro-rata Eli for Permanent Part-Time EmDlovees 3 C T€ppQlp! y Fpplpy!!$: Persons employed in a temporary vacancy for a period of four (4) months or less shall be considered temporary employees and are not considered members of the bargaining unit. A temporary employee shall become a probationary employee upon four (4) months and one (1) day within ajob classification. Section 2. Probationaw Period: A new emp]oyee sha]] serve a probationary period of six (6) months, but benefits will be effective after the first ninety (90) continuous calendar days. Upon completion of the probationary period, the employee shall be placed on the seniority list, and his seniority shall be determined from his date of employment. Employees may be terminated for any reason during the probationary period without recourse to the grievance procedure. Section 3, Bidding A. No permanent vacancy or newly-created job classification in the bargaining unit shall be filled by hire until notice has been given to employees within the bargaining unit by email and they have had three (3) working days to place interest in the position. All postings shall include the shift or ofHlce where applicable. Department heads may only post shin vacancies for current employees in the affected job classification. Notification shall be given to all unsuccessful applicants by the Human Resources Department within five (5) working days following a selection. A copy of all job postings shall be mailed to the person designated by the Union's business representative. If such postings are not posted in all facilities as required above, such posting shall be posted for an additional one (1) working day in that facility. If there are no qualified applicants within Unit 1, the Employer shall next consider all applicants who are current county employees. All other qualiHled applicants may then be considered after said notifications are provided to those applicants in Unit I . In determining the successful applicant, qualifications, such as ability, experience, training and aptitude shall be the primary consideration. Where qualifications are equal, and barring any disciplinary actions within twelve (12) months prior to the posting, bargaining unit seniority sha]] govern. The date of hire wi]] be used in lieu of seniority for part-time employees. An employee bidding into a different classification shall be given up to thirty (30) working days to satisfactorily perform the job. During the thirty (30) working day trial period, the employee shall receive actual training directly related to the work of the j ob. Section 4. Loss of Seniority: An employee shall lose his seniority, and the employment relationship shall be broken and terminated as follows: A. B c. D. Employee quits. Employee is discharged for proper cause. Engaging in other work without prior approval while on leave of absence, or giving false reason for obtaining leave of absence. Two (2) consecutive days of absence without notice to the Employer, unless evidence satisfactory to the Employer is presented showing the employee was physically unable to 4 give notice. E. Failure to report for work upon expiration of a leave of absence F. Employee retires. It is the employee's responsibility to keep the Employer informed of his current address and phone number. ARTICLE 6 LEAVE OF ABSENCE Section ] : Upon giving reasons satisfactory to the Employer, an employee may be granted a leave of absence without pay for a period of time mutually agreeable between the employee and the department head. Requests for such leave shall be made in writing to the employee's department head and shall not be unreasonably denied. Employees must exhaust all applicable accruals of paid leave before unpaid leave will be granted. Section 2: An employee granted a leave of absence shall not be eligible for fringe benefits, holiday pay, or accrue retirement or sick leave during the period of such leave except as provided by state law. Section 3: if the employee fails to report for work upon the expiration of his leave of absence, he shall be temainated. Section 4: Upon return from a leave of absence, the employee shall return to his formerjob if physically qualified and the position is vacant, or to another position in accordance with seniority, qualifications, and ability. ARTICLE 7 INJURY REPORTING In case of injury due to work or incurred while at work all such injuries must be reported to the Employer on the same day the injury is sustained or first becomes known to the employee. Nothing in this provision shall be construed to relieve the employee 6om his obligation to complete an incident report in accordance with departmental rules. ARTICLE 8 HOURS OF WORK AND OVERTIME Section ] . Work Week: The normal work week for a full-time employee shall be defined as forty hours or more with all benefits. The normal work week for a part-time employee shall be less than forty hours with pro-rated vacation per Article 16. Section 2. Meal Periods: The Employer shall grant without pay a meal period for all employees The meal period shall not be less than thirty (30) minutes, or more than one (1) hour, as designated by the Department Head for that department, except as modified by individual flex- time agreements. Meal periods will be scheduled as near to the middle of the shift as possible. $€€!jpp 3, 111 pB P !ip4$: The Employer shall grant with pay two (2) rest periods of fifteen (15) minutes duration. Each break period will be scheduled as near to the middle of the first and 5 carried over for up to one (1) year. Any accrued sick leave casual day (s) shall be forfeited upon temlination. Section 6. Probationaw Employees: Employees are not eligible for sick leave benefits during the first ninety (90) days of employment. However, employees shall be credited with accrued sick leave as of the date of employment. Section 7. Date of Employment: An employee who begins his employment on or before the fifteenth day of the month will be credited with sick leave for the entire month. An employee who begins his employment acer the fifteenth (1 5th) day of the month will begin to accrue sick leave on the first day of the month following his employment. Section 8. Catastrophic Illness Donation: An employee may voluntarily donate accumulated vacation for use as sick leave by a co-worker whose sick leave is exhausted due to catastrophic illness of the employee or their immediate emily (within the limitations of Section 2) under the following conditions: A. To be eligible for time donation, the affected employee must have exhausted all paid B. The donating employee must notify the Human Resources Department in writing specifying the co-worker, the amount of vacation to be donated, and the date and time of day of the donation. The donating employee may not retract the donation. C The transfer of hours from the donating employee represents a straight exchange of hours, not pay. Donated time must be given, and will be accounted for in one-hour increments and will be paid at the wage rate of the employee who uses it. The employee shall receive no more compensation than would have been eamed while actively at work. D. Donated time must be used within thirty (30) working days of the effective date of the donation. Unless the illness extends beyond the thirty-working day period, any unused portion of donated vacation will be retumed to donating employees in the reverse order in which it was donated, with the most recent donation being first resumed. E. If the Human Resources Department detemlines that previous donations would provide the co-worker with enough sick leave for the next thirty working days, additional donations shall not be accepted. F. The Employer's obligation is limited to accounting for donated vacation for which the department has written notice. Hours donation is totally voluntary, and donations shall not be solicited by the Employer. 8 ARTICLE IO BEREAVEMENT AND FUNEjtAL LEAVE Section 1, Eligibility: Each full-time employee shall, after ninety (90) days of continuous employment, shall be eligible for a paid leave of absence to make arrangements for or to attend the funeral for a death in the employee's immediate and extended family. Immediate family members shall be defined as: B Spouse B Parent child e Brother B Sister For purposes of the immediate family members section above, the definitions include natural, adoptive, foster, step, and half relationships. Extended family shall be defined as: Brother/Sister in-law e Father/Mother in-law B Son/Daughter in-law B Grandparent e Grandchild e Aunt/Uncle B Niece/Nephew Section 2, Schedule of Leave: Upon satisfactory evidence of a death in the immediate family, a paid leave of absence shall be granted according to the following schedule: A. B. c. Spouse, child, and parent: A paid leave of absence up to five (5) working days. Brother, sister, brother/sister in-law, father/mother in-law, son/daughter in-law, grandparent, and grandchild: A paid leave of absence up to three (3) working Aunt, uncle, niece, and nephew: A paid leave of absence of not more than one (1) working day. days Section 3. Pallbearers: Regular, full-time employees may be granted a paid leave of absence for service as a pallbearer When an employee is released prior to the end of the employee's working hours, the employee shall report to work within one (1) hour, unless less than an hour remains in the working day. Section 4. Administration: Only days absent which would have been compensable work days will be paid. No payment will be made during vacations, holidays, or other leaves of absence. Should an employee on vacation have a need for funeral leave during vacation, the vacation will be credited to the employee and funeral leave will be applied for those days. In the event a holiday shall fall during the funeral leave period, the employee shall receive holiday pay in lieu of filneral leave pay for that day. Payment shall be made on the basis of the employee's nomial work day's pay. Employee must attend, or make a bona fide eHort to attend, the funeral or memorial service to qualify for ftmeral 9 leave pay. If an extended absence is required due to the death in the immediate family, the department head may authorize use of vacation, compensatory time or unpaid leave at their discretion. ARTICLE ll HOLIDAYS Section 1. Holidays Designated: Regular full-time employees, except for seasonal and part-time employees, are eligible for the following eleven (1 1) paid holidays: New Year's Day Martin Luther King Jr. Day Memorial Day Independence Day Labor Day Veteran's Day T'hanksgiving Day Friday Acer Thanksgiving Christmas Day 'kFloating Christmas Holiday or Christmas Eve 'K'PFloating Personal Day +To be designated by the Employer. 'k'PEmployees may take one floating birthday holiday at any time during the fiscal year with the approval of their immediate supervisor or department head. The floating personal day must be used during the fiscal year or it will be forfeited. A holiday occurring on Saturday shall be observed on the Friday preceding, and a holiday occuring on a Sunday on the following Monday. Employees scheduled on a seven-day-per-week basis shall observe holidays on the traditional day of observance (Example: Christmas Day, December 25; New Year's Day, January 1). Section 2. Holiday Pav: Regular full-time employees shall be paid for each of the holidays set forth in this article occurring during the period in which they are actively at work. An employee, including part-time employees, scheduled to work on any recognized paid holiday shall be paid time and one-half (1 1/2) the employee's straight-time rate for all hours worked, plus the paid holiday at said straight-time rate. Section 3. Eligibility A To be eligible for holiday pay, an employee must have worked the last scheduled work day before, and the first scheduled work day following the holiday. However, if an employee is absent on either or both of these days as a result of personal illness, on-the-job accident or illness, or with prior approval of his supervisor (non- bargaining unit), the employee will be considered to have met these requirements. B. Employees on an unpaid leave of absence are not eligible for holiday pay Section 4, Holidays During Vacation: An employee shall be entitled to an additional vacation day when a holiday occurs during his time off work due to vacation. Section 5. Holidays on Days Off: if a holiday occurs on an employee's regularly scheduled day oH. the employee shall receive an additional day's pay at his straight-time rate. 10 judgment and discretion of the department head. The department head may require the rescheduling of vacation leave when, in his judgment, it is necessary for the efUcient operation of the department. Vacation leave shall be taken in increments of not less than one (1) hour. Section 5, Termination: Upon resignation or termination bom County service, an employee shall be paid for all unused vacation left at time of termination; however, an employee who is discharged for cause or who quits without of minimum of two (2) weeks' notice shall forfeit vacation pay. $ff!!gD..6x.Bale.g11J:g!: Vacation pay will be at the employee's nomtal pay for the day or week for which he would have been regularly scheduled to work. ARTICLE 17 ENTIRE AGREEMENT AND WAIVER CLAUSE A. This Agreement supersedes and cancels all previous agreements and practices between the Employer and employees unless expressly stated to the contrary herein, and together with the concurrent letters of understanding, supplemental hereto, constitutes the entire agreement between the parties, and concludes collective bargaining for its temp, except as provided herein B. The parties 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 bom 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. Therefore, the Employer and the Union for the life of this Agreement, each voluntarily and without reservation, waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. ARTICLE 18 CASUAL DAYS Section 1, Establishment: Each full-time bargaining unit employee shall be credited with four (4) days each July I to be used for whatever purpose the employee chooses. New employees shall accrue one (1) casual day per quarter until the following July 1. Section 2. Administration: Casual days may be taken in one (1) hour increments and may be used to extend vacation or any other paid leave of absence. Casual days must be used during the fiscal year or they will be lost. No reimbursement will be made for unused casual days upon temlination flom employment. S€ctioa& Probationaw Employees: Probationary employees shall be granted one (1) casual day October 1 ; one (1) casual day January 1 ; one (1) casual day April 1 ; and one (1) casual day July 1, if they are employed by the Employer on that date. Employees are not eligible for casual day benefits during the Horst ninety (90) days of employment. However, upon completion of probation, employees shall be credited with accrued casual days as of the date of employment. 13 Section 4. Annroval: Employees must obtain approval from their department head or his designated representative at least twenty-four (24) hours prior to the casual day requested, except in emergencies, to receive casual day pay for an absence. Approval by the department head shall not be unreasonably denied. Emergency shall be defined as a sudden unforeseen and unexpected happening or occurrence requiring the employee's attendance. ARTICLE 19 LONGEVITY Section ] . Elieibilitv: Each full-time bargaining unit employee shall be eligible for longevity pay based upon consecutive years of County service as follows: A B. c. D E. Four (4) years, but less than eight (8) years Eight (8) years, but less than twelve (12) years Twelve (12) years, but less than sixteen (16) years Sixteen (16) years, but less than twenty (20) years Twenty (20) years or more $45.00 per month $55.00 per month $65.00 per month $75.00 per month $85.00 per month Section 2. Pavment: Payment for longevity shall be divided between the first two pay periods of each month. An employee who on July 1, 1984, does not qualify for longevity pay will receive his first longevity payment on the first pay period of the month following his anniversary date of employment. Section 3. Employees on Unpaid Leave: An employee who receives no wages during a pay period shall not receive longevity pay for the pay period. ARTICLE 20 ELIGIBILITY FOR PAY INCjiEMENTS Anniversary date for the purpose of this article shall be the bargaining unit seniority date The Employer shall use the following criteria in the determination of an employee's eligibility for pay increments in grade: In-Grade Pal ' Increment: An employee shall be eligible for his Horst in-grade pay increment upon completion of one (1) year of continuous service in the bargaining unit if he enters at the lowest step. Thereafter, an employee will be eligible for an in-grade increment at the employee's anniversary date. No pay increment shall be granted above the maximum rate prescribed for the class Basis for In-Grade Increments: In-grade increments shall not be granted automatically, but shall be based on satisfactory work performance in addition to length of service in the bargaining unit. The performance of an employee shall be evaluated by his supervisor prior to his being considered for each in-grade pay increment. The employee must have an overall rating of "Satisfactory" for the in-grade increment to be granted. Adjustment of Pav: Pay increments shall be made at the beginning of the pay period in which the employee's anniversary date occurs. 14 ARTICLE 21 UNION LEAVE Employees designated as stewards or bargaining team members by the Union shall receive a paid leave of absence as Union Leave for the employees' hours of work necessary to attend joint collective bargaining negotiations, mediations, fact-findings, interest arbitrations, or steps of the grievance procedure with the Employer. ARTICLE 22 DUjiATION OF AGREEMENT This Agreement shall be effective 6om July 1, 201 9, and shall continue to remain in full force and effect until its expiration date on June 30, 2022. SIGNED THIS .day of. 2019 EMPLOYER: UNION BLACK HAWK COUNTY, IOWA PUBLIC PROFESSIONAL .AND MAINTENANCE EMPLOYEES, Local Union 2003, IBPAT ittle, Chair Mike Scarrow, Business Agent Board of Supervisors Debra Bungee Rq$oH Employee Representative ichael Gallbwi County Chienqegg Employee Representative EmployedRepresentative 15 EXHIBIT B UNIT I CLERICAL: SAI,ARY SCHEDULE July 1, 2019 -- June 30, 2020 FY20 Amount of Increase Effective at the beginning of the pay period closest July 1 , 201 9 18 Jul Pay Grade l 001/GS-] $12.08 002/GS-2 $12.61 003/GS-3 $13.14 004/GS-4 $13.71 005/GS-5 $14.30 006/GS-6 $14.94 EXHIBIT C UNIT I CLERllCAL: SALARY SCHEDULE July 1, 2020 -- June 30, 2021 FY21 Amount of Increase Effective at the beginning of the pay period closest July 1 , 2020 19 Jul Pay Grade l 001/GS - I $12.42 002/GS-2 $12.95 003/GS-3 $13.50 004/GS-4 $14.09 005/GS-5 $14.69 006/GS-6 $15.36 EXHIBIT D UNIT I CLERICAL: SALARY SCHEDULE July 1, 2021 -- June 30, 2022 FY22 Amount of Increase Effective at the beginning of the pay period closest July 1 , 2021 20 Jul Pav Grade l 001/GS-l $12.79 002/GS-2 $13.34 003/GS-3 $13.91 004/GS-4 $14.51 005/GS-5 $15.13 006/GS-6 $15.82