This document provides model language for many of the more common Articles found in Union Collective Bargaining Agreements. It should be understood that the aim of this document is to give realistic options for Union Bargaining Teams and the Rank & File as they head into bargaining with their employers. All the language found in this model Contract, with only slight modification, comes directly out of REAL Union Contracts in Vermont (and the footnotes found throughout will reference which Contract specific Sections came out of). While anyone can write the “perfect” Contract language as an exercise in make-believe, I find there is more pragmatic value in seeking to modify or insert language that already exists in the CBAs of other affiliates (as this document does). By doing such we stay out of the realm of fantasy and ground our more immediate aspirations to real life comparables that can be cited in Mediation, Fact Finding, and, where relevant, Arbitration. It is the Vermont AFL-CIO’s hope that this model Contract, which largely barrows from the 45 Vermont AFSCME CBAs, can serve as a practical resource for our many affiliates. It is also desired that as we win even better language in other CBAs, that such victories be reported back to us so that we can update this document accordingly. In brief, a strong and vibrant Labor Movement not only recognizes that an attack on one is an attack on all, but also that the victory of one group of workers should serve as an example for other workers to build on (and go beyond). And even though, in the short term, it is unlikely that any one Union affiliate will be successful in incorporating all the Union clauses of this Agreement, there should be no doubt that if the Rank & File is united and willing to do what needs to be done to support their Bargaining Teams during negotiations, it is certainly probable that some of these great clauses can be inserted into your next Contract. United We Are Union Strong!
-David Van Deusen, Vermont AFL-CIO President.
You may also view the contract, with it's original footnotes, here
LABOR UNION
COLLECTIVE BARGAINING AGREEMENT
The Affiliated Local Union of
THE VERMONT AFL-CIO [1]
Through December 31, 2028 [2]
The social and economic history of the United States is one of two classes in conflict; the working class and the capitalist class. This Union seeks to overcome the historic exploitation of the laboring class at the hands of the ownership classes through the establishment of a workers’ organization within the framework of the Labor Movement. As such we hold the dignity and power of workers in the highest regards and seek to uplift all workers through a democratic decision making process, with rights for all, within the Vermont AFL-CIO. As such, all Union workers shall have a say in their own working conditions and shall be paid a fair day's pay for a fair day's work.
This Agreement entered into by the Employer, and the Union has as its purpose the promotion of more harmonious relations between the Employer and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of salaries and all other conditions of employment.
The parties to this Agreement believe that we have inherent and mutual obligations, responsibilities and privileges that are a basic foundation on which we conduct ourselves with each other as Management and Union. We believe that these obligations, responsibilities and privileges we mutually share include the following:
Section 1. The Employer recognizes the Union as the Exclusive Bargaining Representative of all workers covered by this Agreement as cited in [NLRB/VLRB Case File Number For Recognition].
Section 2. The Employer will not aid or abet, promote or finance any other Labor group, organization or individual which purports to engage in collective bargaining for the purpose of undermining the Agreement or changing any conditions in this Agreement.
Union Representative shall retain the right to have access to worksites staffed by Union members covered by this Agreement.
The Union agrees to provide the Employer with a list of Union officers and to notify the Employer of any changes.
[For NLRB Governed Private Sector Shops/With This Language There Is No Need For Additional Agency Fee or Fee For Service Clauses]
All workers covered by this Agreement shall, not later than the fifth (5th) day following their effective date of hire or transfer into the Bargaining Unit, as a condition of employment, become members of the Union and maintain their membership in good standing for the life of this Agreement. The Employer agrees to deduct Union dues from wages owed to employees as set forth in this Article, and in amounts certified by the Union, each pay period and remit to the Treasurer of the Union within fifteen (15) calendar days after the month in which the dues were deducted. Such remittance shall be accompanied by a list of employees with the amount deducted for each employee.
[For VLRB Governed Public Sector Shops] The Employer agrees to deduct Union dues from wages owed to employees as set forth in this Article, and in amounts certified by the Union, each pay period and remit to the Treasurer of the Union within fifteen (15) calendar days after the month in which the dues were deducted. Such remittance shall be accompanied by a list of employees with the amount deducted for each employee. All Bargaining Unit employees who are Union members on the effective date of this Agreement shall remain Union members for the duration of the Agreement, minus the 30-day window prior to the Agreement's expiration. Any Bargaining Unit employees who joins the Union during the life of this Agreement shall likewise remain Union members for the life of this Agreement, minus the 30-day window prior to the Agreement's expiration. Members may resign their Union membership only during the 30-day window prior to the expiration of this Agreement by providing a signed written letter of resignation to both the Employer and the Union.
[For NLRB Private Section Shops Where Union Has Thus Far Not Been Able To Win Closed Shop Language Such As Provided Above] Each employee who elects not to join or maintain membership in their Union shall be required to pay, as a condition of employment, beginning thirty (30) days following the commencement of his/her employment, an agency fee to the Union in an amount that is equal to 80% the amount required to become and remain a member in good standing of the exclusive Bargaining Agent and its affiliates. The Employer agrees to deduct such agency fee dues from wages owed to employees as set forth in this Article, and in amounts certified by the Union, each pay period and remit to the Treasurer of the Union within fifteen (15) calendar days after the month in which the agency fee dues were deducted. Such remittance shall be accompanied by a list of employees with the amount deducted for each employee, along with an indication that these employees are agency fee payers.
[For VLRB Governed Public Sector Shops Or For NLRB Shops Where Closed Shop Or Agency Fee Language Has Thus Far Not Been Secured Within The CBA] Any non-members of the Union covered by the Collective Bargaining Agreement who may require/request Union services, shall be charged an hourly fee by the Union of $250 an hour (plus provide a $1000 retainer), or an amount set by the Union.
[While The Following Language Is Not Idea From A Union Point Of View, A Version Of This Exists In Most Union Contracts And May Be Offered As Incentive For The Employer To Agree To Other Pro-Union Aspects Of Good Union Dues Proposals] The Union shall hold harmless and indemnify the Employer, including reasonable attorney’s fees, from any and all claims or charges arising from the limitation on termination of Union membership outlined in this Article.
Workers shall be protected in the exercise of the right, without fear of penalty or reprisal, to join the Union and to exercise all of their rights, enshrined in this Collective Bargaining Agreement and by law, as Union members.
As needed, the Union shall be allowed no more than two (2) hours monthly, to hold a Union meeting during regular work hours. The Union representative shall, in writing to his/her Department Head request this meeting. This meeting is strictly to discuss Union business and if it has concluded in less than two (2) hours employees shall report back to work. In the case of Emergency Situations this meeting may be postponed. Employees who opt to not attend the meeting shall continue his/her previously assigned task(s).
Work traditionally done by the Union shall only be done by the Union. The employer may request to the Union that this right be waived in specific instances and for good reason. The Union is within its power to agree or disagree with this request.
The Union Bargaining Unit shall carry a minimum staffing level of ___ positions.
A Labor Management Committee shall be convened at the request of the Union or Management for the purposes of discussing any and all issues of mutual or unilateral concern. Upon such a request being made, the parties shall be obligated to meet and discuss various issues. However, this committee shall not be empowered to alter this Agreement or to settle formal Grievances.
The Employer agrees that all rights and privileges enjoyed by Union employees, whether or not under the Employer’s Personnel Policies, and all customary practices will remain in effect unless specifically abridged or modified by this Agreement.
If as a matter of policy by the employer, non-Union management employees receive a better or more generous healthcare, dental, vision, or pension benefit, or aspects of said benefits, all Union members shall be offered said benefits too.
No Personnel Policies shall be created that fall into contradiction to this Agreement. No new Personnel Policies shall be created except through a democratically empowered Personnel Policy Committee composed two persons from within the Bargaining Unit appointed by the Union, two members of the management team, and the Director/Commissioner or designee. This Personnel Policy Committee, by a democratic vote, may recommend the adoption of new policies. No new policies may be adopted without first being recommended by a majority of the Personnel Policy Committee.
The Union will select a Bargaining Unit employee to participate in the interview process from among those Bargaining Unit employees who have been trained. The employer will provide the necessary training. At the request of the employer, the Union agrees to discuss an appropriate participant. After each interview, the designated bargaining unit member shall provide input on interviewees to the employer management team.
The Union shall be consulted in regards to all new services and programs contemplated by the employer. This, along with other topics, shall be a proper subject of discussion at Labor Management Committee meetings.
[For Bargaining Units That Include Residential Facilities] The employer agrees that a Bargaining Unit employee will be able to participate in the Resident Intake and Exit Team process. The Union will select a bargaining unit employee to participate in this process from among those bargaining unit employees who have been trained. The employer will provide the necessary training.
In addition, the employer will permit the Local Union President and/or Union Chapter Chair, or designee, to participate in weekly leadership meetings that address resident issues.
Participation by Bargaining Unit employees in these meetings will be paid time.
[For Bargaining Units With Library Workers] The Employer shall abide by the American Library Association Bill of Rights and guidelines.
[For Bargaining Units With DPW Workers] The Local President and/or Union Chapter Chair or designee may attend weekly DPW Management planning meetings.
The Local Union President and/or Union Chapter Chair and the Director/Commissioner shall conduct monthly check in meetings (unless either requests an earlier meeting) to keep the Union and Management informed and in communication regarding emerging issues or concerns.
The Union and the employer agree that it is important to establish reasonable workloads. Bargaining Unit employees who have concerns about their workload may make such concerns known to their supervisor, who will work with the Bargaining Unit employee to reach a reasonable resolution. However, the employer retains the discretion to determine and assign reasonable workloads in order to effectively operate.
A Union officer assigned by the Local Union President and/or Union Chapter Chair shall be afforded up to one hour to meet with newly hired bargaining unit employees, on a one-on-one basis, in order to review the rights and responsibilities of the Collective Bargaining Agreement. This meeting shall be conducted on the clock, without loss of pay for the newly hired bargaining unit employee and Union officer. When or if the employer establishes formal orientations for new hires, the Union shall be allotted one hour to meet privately with new hires as part of said orientation process.
The Local Union President, Union Chapter Chair and Union Stewards or their designees shall be granted time off without loss of pay during working hours to investigate and settle grievances which may arise with the Employer, represent Union members in disciplinary proceedings, to engage in Union related activities jointly with the employer, up to ten Union Officers shall suffer no loss in their regular pay when engaged in the Collective Bargaining process.
The Employer shall comply with any and all reasonable Information Requests submitted by the Union which aim to grant the Union access to information relating to representing its membership, maintenance & enforcement of the Collective Bargaining Agreement, or to be reasonably informed during the Collective Bargaining process.
No adverse material shall be placed in a Union member’s Personnel File without it first be shown to the employee. Workers, upon request, shall be granted access to their Personnel File to review its contents.
No Union member shall be the subject of discipline, corrective or adverse actions by the Employer without Just Cause, and when discipline is found to be warranted, it shall be progressive in nature.
Any time a Union member is required to engage in a meeting or discussion with Management, a Supervisor, or HR which is disciplinary in nature, or when such a discussion could be reasonably thought to lead to discipline, the Union member in question shall have the right to have the Local Union President and/or Union Chapter Chair, Steward, or Union Representative present.
No Union member can or shall be suspended without pay or terminated by the Employer without the impacted Union member first being offered the ability to exercise their right hold a meaningful pre-disciplinary hearing (with Union Representation) in order to present their version of events/facts.
The Local Union President and/or the Union Chapter Chair shall be afforded up to 40 hours of paid Union leave per calendar year to attend to Union matters not otherwise addressed in this Agreement. Stewards shall be afforded up to two days in a calendar year to attend to Union matters not otherwise covered by this Agreement.
Workers elected to any Union office or selected by the Union to do work which takes them from their regular employment for an extended period of time shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed 2 years and shall be renewed or extended for a period not to exceed 1 year upon request of the Union.
Members of the Union selected by the Union to participate in any other long term Union activity shall be granted a leave of absence without pay at the request of the Union. A leave of absence for such Union activity shall not exceed 1 month but shall be renewed or extended for a period not to exceed 1 month upon the request of the Union.
The employer shall deduct such political education fund (PAC) fee from the pay of members who request such deduction, or as may be lawfully determined by the Union, and shall transmit deductions to the Treasurer of the Union together with a list of employees whose political education fund fees are being transmitted.
The employer agrees to provide space at Union job sites for the use of the Union for posting pertinent Union information.
No Union member shall suffer discipline for refusing to cross a Union picket line.
The Union retains the right to strike during the term of this Agreement should the Labor Relations Board order the employer to take corrective actions in relation to an Unfair Labor Practice filed by the Union, and should the employer fail to carry out the Labor Board order.
As long as essential facilities and services remain minimally staffed and operational, and upon two weeks’ notice by the Union to the employer, once a year the Union may call for a 24 hour day of Union action on a date of its choosing.
If and when employees from other Departments not presently covered by this Collective Bargaining Agreement (and who are not already represented by a different Union) express support for joining the Union by a majority of workers from said Department signing a Union card, the employer shall recognize their entrance into the Union by receiving those signed Union cards and it will not be necessary to hold a Labor Relations Board election (i.e. Card Check). Upon recognition the newly recognized Union members shall have immediate access the rights established by Articles I, II, & III, this Union Rights Article, the Grievance and Discipline Articles of this Collective Bargaining Agreement for the remainder of the Fiscal Year. During this period all other terms and conditions of employment shall be subject to the Employer Personnel Policies that are in effect upon joining the Union. With the start of the next FY, these new members shall gain all the rights, responsibilities, and benefits provided for within the full Collective Bargaining Agreement.
On a regular monthly basis, the employer will provide to the Union the names, positions, rates of pay, work email, personal email, home phone number, cell phone number, mailing address, and Union status.
Any employee covered by this Agreement who leaves the Union Bargaining Unit for another position within the organization shall have the right to return to the Bargaining Unit within one (1) year.
Under no circumstances shall any Union member suffer the impacts of a reduction in force without the employer first providing the Union and the impacted Union member, in writing, no less than 60 days advance notice.
The Employer agrees to pay the cost of legal representation for any employee who is the party to litigation in which it is alleged that, in the course of their employment, the employee acted in a negligent manner. The Employer reserves the right to provide such representation through its own counsel or to contract for services at the Employer's discretion.
The Employer shall source its external materials, products, & labor, not produced in house by Union workers covered by this Agreement, through another Union shop. In turn the employer may print the Union bug on all its products, and indicate that the products were produced through Union labor. This clause may be waived by the Union if source material, from a Union shop, is not possible. But in that case, the Union will pursue an obligation to seek to organize a shop where such material can be sourced into the ranks of Organized Labor.
[Relevant To NLRB Private Sector Shops] Should the employer ever consider closing or selling the facilities staffed by Union members covered by this Agreement, the employer shall first discuss its intent with the Union and both parties shall have a good faith discussion regarding the feasibility and desirability of coming to an arrangement with Union workers whereby they would purchase and self-manage the facility as a Unionized worker cooperative.
This Collective Bargaining Agreement shall be printed by the Employer and provided to all workers. All new hires will be provided a copy of this Agreement on their first day on the job. If this Contract is not printed directly, in house, it shall be printed by a Unionized print shop
No employee covered by this agreement shall be discriminated against by the Employer or Union on the basis of race, creed, national origin, sexual orientation, gender, age, disability, and political affiliation or Union activity. The Employer further agrees that there will be no discrimination against any member for their adherence to any provision of the Agreement.
The Employer and the Union are committed to providing a work environment free of unlawful harassment. Sexual harassment, and harassment based on actual or perceived pregnancy, childbirth or related medical conditions, actual or perceived race, color, religion, national origin, actual or perceived gender orientation, gender expression, sexual orientation, ancestry, place of birth, age, physical or mental impairment, having a positive test result on an HIV related blood test, marital/civil union status, military/uniformed service or veteran, Union membership, or any other basis protected by federal, state or local law or ordinance or regulation. All such harassment is unlawful and/or unacceptable. Retaliation for having reported or threatened to report such harassment shall not be tolerated.
Acts of discrimination based on race and other protected characteristics will not be tolerated by the Employer or the Union and all complaints will be promptly investigated and addressed in accordance with the Policies and Practices of the Employer.
If the Union is made aware of a complaint involving alleged acts of discrimination based on race and other protected characteristics by a Union member, the Union may take further appropriate action (beyond those taken by the Employer) to rectify the situation according to the internal processes within the Union.
Union members are empowered and encouraged (and may be mandated by State of Vermont law) to report any known acts of discrimination which may be suffered by members of the public to the Employer. Such allegations of discrimination will likewise be promptly investigated and addressed, by the Employer, in accordance with Policies and Practices.
Establishing a broad anti-racist and anti-discriminatory culture based on social equity is an appropriate subject of discussion at Labor Management Committee meetings.
Each employee shall have a job description that sets forth the employee's duties and responsibilities. Each job description shall state with particularity the job title or classification, duties of the job, pay scale, qualifications and further (where applicable) shall specifically designate which piece of equipment and/or vehicle is associated with the job. Job descriptions for each job title or classification shall be standardized excepting (where applicable) only the designation of the piece of equipment and/or vehicle associated with the particular job. The standardized job description to be utilized shall be written by the Employer, provided to the Union Chapter Chair, and must be approved by the Union. If the Union does not respond with detailed objections to a proposed new or revised job description within ten (10) workdays after it is received by from the Employer, the job description shall be deemed approved by the Union. Revised job descriptions shall typically seek to not materially enlarge or contract the functions, duties, responsibilities, or qualifications which have historically been associated with the designated job title or classification in the past. Revised job descriptions that do seek to enlarge or contract functions, duties, responsibilities, or qualifications are subject to the Request For Reclassification Article of this Agreement.[54]
Job descriptions may, at times, included wording such as “Other Related Duties As Assigned” but under no circumstances shall they include more open ended wording such as “Other Duties As Assigned.”
New employees shall be evaluated for an initial three (3) month probationary period from the date of hire. In the event that an employee is granted a leave during their probationary period, the probationary period shall be extended by the length of said leave. In addition, the probationary period may be extended by an additional three (3) months by mutual agreement of the Union and Employer. At all times during the probationary period, employment is considered to be “at-will,” and the employment relationship may be terminated by the Employer at any time for any lawful reason.
The Employer will provide performance reviews at the conclusion of the probationary period, and regularly (on or near one’s anniversary date [58]) thereafter. Performance reviews will occur between the bargaining unit employee and their supervisor and will cover subjects such as training needs or the desire for increased job responsibility, the employee’s technical progress, accomplishments, strengths and challenges, and goals for the coming year.
Seniority shall be defined as an employee's length of continuous full-time or part-time service since their last date of hire, less any adjustments due to layoffs or other breaks in service for any of the reasons for termination of seniority specified in Section 3 herein.
The Employer shall establish a seniority list which shall be brought up to date on January 1st of each year and shall be posted on Division bulletin boards for a period of not less than 30 days. A copy of said list shall be mailed to the Union. Any objection to the seniority list shall be reported to the Employer within 10 days of posting or it will be considered approved. Seniority within the Union-eligible employee workforce shall be recognized. Seniority shall be based on the length of time an employee has worked as a full-time Union-eligible employee within the Department. The principle of seniority shall govern and control in all cases of promotion (except for Working Foremen positions or those akin to such positions) within the Union, transfer, and decrease or increase in the workforce, as well as preference and assignments to shift work and choice of vacation.
It is agreed that seniority shall not be considered in an emergency. Except as otherwise defined herein, an "emergency" shall be deemed to mean any event or incident not of a reasonably recurring nature relative to which the interest of the public at large is threatened.
A Separate seniority list shall be kept, by Department, for part-time Union eligible workers. [61]
Seniority for all purposes shall be terminated for any of the following reasons:
Any employee promoted to a supervisory position or transferred outside of the Bargaining Unit shall not lose their seniority, but shall not accumulate Bargaining Unit seniority for the time worked outside of the Bargaining Unit, except that the foregoing shall not apply until such an employee has been in the new position for one (1) year. An employee returning to the Bargaining Unit under this section shall return to their last held position, if warranted by their seniority.
Employees shall be compensated for all classroom time when attending mandatory education or training courses. Travel to and from training shall be paid at the rate as determined by the IRS Mileage Reimbursement Rate.
The Employer will cover the expenses for Water licenses and/or Wastewater licenses for the maximum time period permitted or the appropriate regulatory agency guidelines.
CDL class and training will be provided by the Employer. If the Employer pays for the employee to take a CDL training course, the employee will stay employed with the Employer for a minimum of two years after completion or if the employee chooses to separate from the Employer, they shall repay the cost of the course at the time of separation.
Employees who need a commercial driver's license to fulfill their job responsibilities shall be reimbursed by the Employer for the cost of obtaining the required commercial driver's license and/or any renewal thereof. Reimbursable cost under this Section shall be the difference between the cost of obtaining and/or renewing the required commercial driver's license and the cost of obtaining and/or renewing a standard driver's license.
An employee who has completed their probationary period is encouraged to pursue educational courses and seminars during other than working hours which are designed to upgrade or improve their job-related skill or ability. Employees may apply for credit for a course or seminar, which must be approved in advance by the Department Head, who shall certify that completion of such course or seminar can reasonably be expected to help the employee in the performance of their job. "Course" shall be interpreted as three (3) semester hours, or the quarterly hour equivalent, or a specific subject. "Seminar" shall mean a one-time educational presentation. Upon proof of successful completion of an approved seminar or course (i.e., passing if it is a pass/fail grading system or C or above on a letter grading system), and subject to budgetary limitations, an employee shall be entitled to reimbursement of one-half (1/2) the cost of tuition for an approved course or seminar. Upon proof of the achievement of a B or above on a letter grading system, and subject to budgetary limitations, an employee shall be entitled to reimbursement of the full cost of tuition for an approved course or seminar. Such education reimbursements are limited to one (1) course per semester or one (1) seminar per fiscal year. Permission to participate in this education incentive shall not be unreasonably upheld. Once advance approval of the Department Head is obtained for a specific course or seminar, the Employer will reimburse the employee for the cost of the course of seminar consistent with the terms of this section and may not at that juncture refuse reimbursement on the basis of “budgetary limitations.”
When a vacancy occurs within any Division that continues for more than a 30-day period, said vacancy shall be posted within 10 working days from the time the vacancy occurs, providing the need to fill said vacancy exists in the opinion of Management. In the event a vacancy is posted, any Union employee may make an application to Management for that position. All vacancies shall be posted for a period of not less than 10 working days before the job is allocated to anyone. Positions shall be awarded within 3 working days after the 10-day posting period.
The vacancy shall be awarded to the most senior qualified employee within the Division based upon total time of service within the Department. If the employee with the greatest seniority within the Division fails to make an application, or is shown to be unqualified, the vacancy shall be filled by the next most senior person who makes application for said position. If no employee within the particular Division in which the vacancy occurs shall bid upon it or be qualified for the same, Union employees from other Divisions may bid upon said vacancy. In such an event, the vacancy shall be awarded to the most senior employee from the other Divisions who bids upon it and is qualified for the same, again seniority being determined by length of service within the Department. If no employee from within the Department bids on the position, Union members from other departments may bid on the position, and again, the job will be awarded to the most senior qualified applicant [68].
The employee who is awarded the position shall be entitled to pay at the rate established for the new position into which he/she has successfully bid. Such rate shall be paid starting on the date the employee begins to work in the new position. In the event the employee is returned to a former position for failure to qualify, the employee will be entitled to the rate of pay of the former position on the date the employee resumes work in the former position.
If and only if no employee in any Division shall bid upon such vacancy and be qualified for the same , shall bids be solicited from or accepted from individuals outside the Union. If an individual from outside the Union is selected, the regular Probationary period defined in this Agreement shall apply.
The employee selected for the vacancy shall be permitted to occupy the vacancy for a period of 30 working days in order to qualify for the position. This qualification period shall start within 3 working days of the award. At the end of the 30-day qualification period, the employee shall be retained, considered qualified and allocated to said job permanently if the necessity for said job continues to exist, unless Management determines that the applicant does not meet all the minimum job qualifications based upon the job description. If Management determines that the employee does not meet all said minimum job qualifications, the employee shall be given written notice informing him/her as to the reasons why he/she has been determined unqualified. In such an event, the employee shall be returned to his/her former position.
The only exception to the above will be the award of bids into certain positions which may require the individual hired into the position to possess a state license at the time of hire. In the event that no one bidding on a job has the necessary license for the job, the employee closest to meeting the licensing requirements shall be awarded the bid.
Under extraordinary circumstances where an employee's performance in an awarded job is so deficient as to constitute danger to the health and safety of other employees or to constitute a clear and present danger to property of others, the employee may be removed from the vacancy immediately and restored to his/her former job provided, however, that in such event the employee shall be immediately informed in writing with a copy to the Union Chapter Chair as to the cause for his/her immediate removal.
A Health & Safety Committee shall be formed composed of Union members appointed by the Union and management (or appointees thereof). This Committee shall meet on a monthly basis (or as may be desired by Labor or management) in order to review and discuss any and all safety concerns as well as operating procedures that seek to establish a safe and healthy work environment. Such Health & Safety Committees meetings shall take place during the regular work day.
The Employer agrees to make every effort to provide a safe and healthy workplace for all employees, and to comply to the utmost with Federal, State, and local laws relating to safety, sanitation, and health. Likewise, the Union and each employee covered by this Agreement shall cooperate to the fullest in the promotion and safety, safe work habits, good housekeeping, and agree to comply with all safety rules and regulations currently in effect, as well as any subsequent (health & safety related) rules, regulations and measures that may be adopted by the Employer.
Union members will be issued adequate Personal Protective Equipment (PPE) by the Town and shall not suffer discipline of any kind if the Town fails to provide required PPE and the Union member then chooses to not perform work where that PPE is required by OSHA and/or Department of Health guidelines.
The Employer shall be responsible for keeping all equipment in safe operating condition. Employees responsible for operating equipment shall report any unsafe condition(s) immediately to their supervisor.
All employees (where applicable) working in or around public highways shall wear the current ANSI approved reflective safety clothing as prescribed by OSHA/VOSHA, and other sanctioned Federal and State agencies governing highway safety.
No Union member shall unreasonably suffer discipline because they refused perform a task,
directive, or job that carries with it exposure unreasonable danger beyond a routine nature to themselves, their co-workers, or the public. If and when a Union member is ordered to perform a task, directive, or job that is outside the mundane and traditional job duties that said worker asserts exposes them to danger, the worker asserting this concern shall first contact their Union Steward. If the Union Steward reasonably affirms mutual concern about the unreasonable level of danger posed by such potential action, the Union Steward shall immediately inform the Employer, and the task shall not be carried out until the stated concerns are reviewed and by Management. If Management concurs with the Union Steward that the task is in fact unreasonably dangerous, the task shall not be carried out. If Management asserts that the task is not unreasonably dangerous, and if the task is of an immediate nature, Management may order the Union member to go forward with the task. If the Union Steward and the Union Member in question still maintain that the task is too dangerous to undertake, the Union member may still refuse to carry out said task, but as a result may be subject to disciplinary action from Management. However, when a dispute of this nature arises, the Employer may not terminate employees for actions taken (or not taken) under these conditions until and unless a third party Arbiter first rules on if the Union’s safety concern had adequate merit. The Arbitration process shall be governed by the Grievance Procedure outlined in this CBA. Lessor forms of discipline that may be taken by the Employer can be immediately carried out according to the Discipline section of this CBA and is subject to the Grievance Procedure.
If the nature of the safety dispute is not time critical and essential, and if Management and the Union Steward disagree about the validity of the safety concern, the dispute between the Union and Management regarding what is dangerous shall be resolved through the Grievance Procedure. Upon mutual consent between the Union and Employer, the issue in dispute may be submitted directly to the Arbitration step of the grievance procedure for timely resolution.
To promote safety and well-being of persons working for the Employer, the Employer shall maintain a workforce that includes at least _____ full-time bargaining unit employees. It is understood that there may be a delay in hiring qualified personnel. Further, two or more employees will be present when chainsaws are in use, when tire chains or grader blades are being put on, and/or when cold patching. [76]
Union workers shall not be required to work in the open during inclement weather conditions, and employees shall not lose any time due to inclement weather, but employees must carry out assignments given to them during a declared emergency.
In temperatures below 10 degrees “Fahrenheit” employees who would be exposed to weather shall not be required to work outside except for emergency situations.
Union employees who typically labor in an indoor office setting shall not be required to work, and shall have the option of going home without loss of pay, if (i) the indoor temperature is their workspace drops below 55 degrees for longer than 30 minutes or (ii) there is not at least one (1) working toilet in the building. Employees who leave the building under such conditions shall provide contact information to their supervisor, remain accessible and shall return to work as soon as practicable after notification that above condition(s) are no longer present.
All employees shall attend certification courses on Automatic External Defibrillator (AED), Cardiopulmonary Resuscitation, and Basic First Aid. Employees shall recertify every two years following initial certification and on a schedule that ensures certifications do not lapse. The costs associated shall be borne by the Employer.
In the event that a State of Emergency or Public Health Emergency is declared by the President of the United States or the Governor of Vermont, the Union is empowered to invoke its right to bargain over any changes in working conditions or health and safety hazards as may rise out of the emergency, or as may be precipitated by governmental mandates.
Section 1. CLOTHING AND BOOTS [80]:
All non-probationary employees shall be credited with a uniform/clothing account in the amount of $425.00 for each fiscal year of this Agreement, which, for any amount not actually spent on a necessary work uniform or protective garment, shall be prorated for the fiscal year in which an employee is hired or leaves employment. Employees who are required to wear a uniform or protective garment shall receive an additional $75.00 each fiscal year. In addition, employees for whom safety footwear is necessary (except those for whom the Department already provides footwear of equal or greater quality directly) shall receive an additional $300 per fiscal year. Employees shall purchase, on an as-needed basis, uniforms, winter jacket, safety footwear or other work-related apparel approved by the Department Head or their designee. On an annual basis (from year two of this Agreement forward) the amounts listed above shall increase by a rate of 2% each year on July 1. [81]
Section 2. CLOTHING STIPEND FOR OFFICE WORKERS [82]:
The Employer additionally agrees to provide up to $100 per year in Employer branded apparel for office based employees.
Section 1. HOURS OF WORK[83]: The normal workday shall consist of either eight (8) consecutive hours of work, excluding a meal period, within a twenty-four (24) hour period. The normal workweek shall consist of either five (5) consecutive workdays, Monday through Friday, totaling forty (40) hours. All employees shall be scheduled to work a regular work shift, and each shift shall have a scheduled starting and quitting time. Except for emergency conditions, work schedules shall be changed only after giving prior notice to the employee and for reasonable cause. Work schedules showing the employees' shifts, workdays, and hours shall be posted on all department bulletin boards.
Section 2. MEAL BREAK [84]: Every shift will have built into it a daily thirty (30) minute unpaid lunch. Employees required to remain on the job site during the scheduled meal period shall be paid for such meal period.
Section 3. PAID BREAK TIMES: There shall be one 15 minute paid break in the first half of every shift, and two paid 10-minute clean up periods (one at the meal period, and one at the end of shift)[85].
Employees who work more than four (4) consecutive hours of overtime shall be given either a one-half hour rest period with pay or an additional one-half hour of compensation for each four (4) hour period. In cases where a rest period is given it shall be given as soon as is practical given the nature of the work being performed. This provision shall not apply if the employee does not work beyond the end of any such four (4) hour period[86].
Section 4. SUMMER HOURS/FOUR DAY WORK WEEKS[87]: Summer work (April 15 through October 12) shall consist of four (4) consecutive ten (10) hour days. When working these summer hours, time-and-a-half overtime shall be paid for time worked over ten (10) hours a day (as scheduled) or more than 40 hours a week. Holidays that fall on such ten (10) hour workdays shall be paid at a rate of ten hours.
Section 5. REQUIRED NOTIFICATION OF CHANGES IN SCHEDULES [88]: Should the Employer seek to implement permanent changes to established shift schedules, the Employer shall provide 30 days’ notice to the Union and, at the request of the Union, shall meet to bargain the effects.
Section 1. DRINKING WATER [89]: It shall be the responsibility of the employer to furnish drinking water on jobs where it is not readily available. It shall be the responsibility of the Union to see that the water containers are not stolen, destroyed or lost.
Section 2. COFFEE [90]: Coffee shall be provided by the employer for all employees at all job sites.
Section 1. ANNUAL STEP RAISES [91]: Hourly wages are presented in Appendix A. All employees who receive a satisfactory or higher annual evaluation shall move up one step. Steps shall have a value of 2% per year, and there shall be 20 steps in the step plan. Employees who have reached the highest step in the pay scale, and will no longer receive step increases, will receive the COLA increase outlined below and a longevity bonus (see Article on Longevity Bonus below). Workers shall be paid on a biweekly basis.
Section 2. ANNUAL COST OF LIVING ADJUSTMENT[92]: Pay for positions within the bargaining unit will be outlined in a pay scale to include pay grades and steps within each pay grade. The pay scale will be adjusted annually on July 1. Annual adjustments will be determined using Consumer Price Index (CPI-U), and will be based on the U.S. Department of Labor statistics for the Northeast Urban zone using the report released for the preceding October to October and will be the 12-month average. If COLA for this period falls below 1% Appendix A increases by 1 %. If COLA for this period is between 1% and 2%, Appendix A increases by 2%. If COLA for this period is above 2% Appendix A will increase by the value of COLA.
Section 3. NEW HIRE RATE OF PAY[93]: New hire starting salary shall be step 1 for the relevant pay grade in Appendix A. Alternatively, if Management deems that a salary rate other than the rate specified in Appendix A (step 1) for new hires does not appropriately recognize the applicant’s years of experience, a revised rate may be implemented using the following process:
Management will determine the proposed rate by allocating six months of service for each year of the applicant’s experience in a related position up to a maximum of 10 years. Any such pay rate shall not exceed the base rate paid to the most senior worker in that department.
B. The Union Shop Steward will be notified of the nature and/or amount of the revised rate adjustment and the proposed implementation date.
Section 1. TIME-AND-ONE-HALF OVERTIME[94]: Available overtime work shall be equitably distributed and voluntary as far as is reasonably practical among regular employees in the job classification in which the overtime work is to be performed. Regular employees shall be given priority in available overtime work. Each department shall prepare an overtime list to foster the proper distribution of overtime; such a list shall be made available for review by each department's steward. Employees shall be paid one and one-half (1 1/2) times their regular straight time hourly rate of pay for all authorized hours of work in excess of eight (8) hours in a workday (or ten (10) hours for employees on a ten-hour workday) or forty (40) hours in a workweek. Sick time, vacation time, holiday time, or other approved paid absences shall be counted as hours worked. There shall be no pyramiding of overtime pay.
Section 2. WORK DONE OUTSIDE REGULAR SCHEDULE[95]: Any work done outside of the employee’s regular scheduled shift shall be paid at time-and-one-half rates (unless such work qualifies for a higher rate of pay subject to this Agreement).
Section 3 . DOUBLE-TIME OVERTIME[96]: The rate of pay for Sunday work, unless regularly scheduled, shall be twice the base rate of pay. If an employee works 16 consecutive hours, hours 12 through 16 shall be paid at double-time rates[97].
Section 4. DOUBLE-TIME ON HOLIDAYS[98]: Double-time shall also be paid for time worked on Christmas Day (December 25), New Year's Day (January 1), Thanksgiving Day (fourth Thursday in November), July 4, and Labor Day (first Monday in September), as further defined in the Paid Holiday Article of this Agreement.
Section 1. COMP TIME: Employees entitled to overtime may, with the approval of the Department Head or designee, be allowed compensatory time at time-and-one-half in lieu of such overtime consistent with the provisions of the Fair Labor Standards Act. Employees allowed compensatory time in lieu of overtime may utilize such time consistent with the procedure set forth in this Agreement concerning time off requests for vacation leave. Once each fiscal year employees may trade in for cash any amount of compensatory time earned during that fiscal year. Compensatory time not so traded in may be accrued from year to year, consistent with and subject to limitations set forth in the Fair Labor Standards Act.
Section 1. SECOND SHIFT DIFFERENTIAL: A shift differential in the amount of $1.50 per hour will be paid for all hours worked on regularly scheduled shifts between the hours of 4:30 p.m. and 11:00 p.m. All shift differentials provided for herein shall apply only to time actually worked and shall not apply when an employee is on any paid or unpaid leave or for any hours of work compensated at overtime rates.
Section 2. THIRD SHIFT DIFFERENTIAL: A shift differential in the amount of $1.65 per hour for hours worked on regularly scheduled shifts between the hours of 11:00 p.m. and 7:00 a.m.. All shift differentials provided for herein shall apply only to time actually worked and shall not apply when an employee is on any paid or unpaid leave or for any hours of work compensated at overtime rates.
Section 3. WEEKEND DIFFERENTIAL: The weekend day (7:00 a.m. to 4:30 p.m.) differential shall be paid at the rate of $1.45 per hour. All shift differentials provided for herein shall apply only to time actually worked and shall not apply when an employee is on any paid or unpaid leave or for any hours of work compensated at overtime rates.
Section 1. CALL OUTS[101]: Any time an employee is called into work after their regularly scheduled shift, the employee shall be paid a minimum of four (4) hours at the overtime rate for any call-in outside of the regularly scheduled shift.
Section 1. ON CALL ASSIGNMENT: The Employer recognizes the need for an on-call rotation and overtime requirements with regard to work disciplines and normally assigned tasks between departments. Pager assignments shall cover seven (7) days of the week, beginning and ending at the start of the shift on Monday morning. On-call employees will be provided a pager and must call back within 10 minutes of receiving a message and must arrive at the work site within 50 minutes. The on-call person carrying the pager will be the first person to respond to any callouts. However, if the on-call person is on a mandatory rest time, the duty manager will be called.
Section 2. ON CALL PAY: The Employer will agree to pay employees $350 (three hundred and fifty dollars) per week ($40 per weekday and $75 per weekend day) for the sole purpose of carrying a pager in order to respond. The on-call list will be on rotation with qualified bargaining unit personnel who will have their choice of weeks. During any week in which there is a holiday, on-call employees will receive additional pay of $25 (twenty-five dollars) when the holiday falls during their on-call rotation. During such times that the holiday falls on Monday it is the responsibility of the employee involved to work in the transition of the pager.
Section 1. TEMPORARY ASSIGNMENTS[103]: It is anticipated that employees will work in their assigned job classification. Employees will not be assigned to a different job classification if there is work for them in their regular job classification. When there is no work for an employee on their regular job classification, the employee may be temporarily assigned to another job classification consistent with the policies contained herein.
The term "temporary" or “temporarily” as used herein shall mean assignment to another job classification for a period not to exceed 10 working days. The Employer and the Union agree that temporary assignments are not to be used by the Employer to replace positions that were previously considered permanent positions. Therefore, it is agreed that the Employer shall not utilize temporary assignments with respect to any job classification for more than 30 days per calendar year. Any temporary assignment that continues for more than a period of 30 days shall be considered to be a vacancy and shall be filled in accordance with the vacancy and bidding procedures set forth herein in this Agreement. Where applicable, this provision shall not affect winter maintenance and snow removal assignments which will not be deemed "temporary" within the meaning of this section.
Section 2. HIGHER ASSIGNMENT PAY[104]: Employees temporarily assigned will receive their rate of pay or the rate of pay for the job classification assigned to, whichever is higher. When receiving such higher assignment pay, such an amount shall not be less than 5% above the employee’s regular rate of pay[105]. Employees temporarily assigned to a classification with a higher rate of pay will receive a minimum of 2 hours at the higher rate of pay or the higher rate for actual hours worked, whichever is higher.
Section 2. TEMPORARY ASSIGNMENT TO LOWER CLASSIFICATION TASKS[106]: An employee may be assigned to work in a lower-rated classification at the same rate of pay the employee receives in their regular classification. When an employee is assigned to a lower classification (i.e. tasks that normally provide a lower pay grade), the employee may not work in said lower classification if the employee is replaced in their own classification by a lower classified employee.
Section 1. CREW LEADER PAY: An employee who is placed by the employee’s supervisor or manager in charge of a work crew consisting of two (2) or more employees for a period in excess of two (2) hours during any work day shall be regarded as a group leader and shall receive compensation at a rate of ten (10%) percent in excess of the employee’s base rate for all time actually worked in that capacity. Such an assignment to be a crew leader must be made in writing and name the two (2) or more crew members not counting the crew leader. The crew leader’s supervisor must approve the crew leader assignment documentation in advance. Under no circumstances may an employee receive both higher assignment pay and crew leader pay for the same period of time. Crew Leader assignments are not subject to the time limit provisions found in the Higher Assignment Pay & Temporary Assignments Article of this Agreement [108].
Section 1. CDL TRAINERS [109]: Commercial Driver’s License (CDL) training: Whenever an employee, that has completed the certified training course, is authorized by their supervisor to conduct CDL training, such employee shall receive compensation at a rate of ten (10%) in excess of the employee’s base rate.
Section 2. EMERGENCY DISPATCH TRAINERS [110]: Emergency Dispatchers tasked with training new hires shall be paid an additional $3 an hour for all time engaged in such training activities.
Section 1. EXPENSE REIMBURSEMENTS: Employees covered by this Agreement who are required to use personal vehicles for work when Employer vehicles are not available to the employee at their work station, shall be paid the mileage rate established by the I.R.S. and in effect on July 1, for each year of this Agreement.
Section 1. RATIFICATION BONUS [112]: Upon ratification of this Agreement, all Union members shall receive a one-time bonus of $1000.
Section 2. CDL STIPEND [113]: For street department employees, the Employer shall provide a one-time bonus of $500 for Union members who have a CDL (paid out in the first full pay period after November 1, following the ratification of this Agreement.
Section 3 . WINTER RETENTION BONUS[114]: All Union Members, on an annual basis, shall receive a $1500 Winter Retention Bonus in the last pay period of March.
Section 4. WATER DISTRIBUTION STIPEND[115]: For street department employees, including building maintenance, the Employer shall provide an annual stipend of $1,500 to all employees that earn their class 4d water distribution license.
Section 5. CLASS 4 WATER OPERATOR RAISE[116]: For water department employees, all water operators that earn their class 4c license will be promoted to Senior Water Operators. The promotion shall be to the nearest pay step which constitutes a pay increase of 5% or greater.
Section 6 . WASTEWATER LICENSE RAISES[117]: For wastewater department employees the Employer recognizes there are 5 classes of wastewater operator licenses. For each higher class earned by employees they shall move one pay step in the pay grid. This move shall be permanent. Employees do not have to earn licenses sequentially. For example, an employee with no licenses could earn a class 3 license, and would therefore move three pay steps.
Section 7. POOL OPERATOR CERTIFICATION PAY[118]: A $0.50 per hour raise shall be paid to all Union members who successfully obtain a Certified Pool Operator (CPO) Certification.
Section 8. WELLNESS BONUS[119]: Wellness Reimbursement is $200.00 per employee per contract year. Subject to approval by the employee’s Department Head, the Wellness Reimbursement may be used for fitness and wellness expenditures (i.e. health club, weight loss programs, race fees, nutritionist services, personal training, etc.).
Section 9 . MERIT BONUS[120]: Each employee is eligible for a “Merit Bonus” amounting to 1% of their base pay for meritorious service to the Employer. Meritorious service is performance that goes well above and beyond what is normally expected. It should result in a significant contribution to the department or Employer, e.g., cost savings, a greatly improved service, a substantially more efficient work procedure, a more innovative way of doing business, or a major event that improves the image of the shop. An employee who does not necessarily achieve such an outcome, but consistently performs at a level that exceeds expectations in nearly all areas of work, is also eligible. Eligible employees must be nominated on a form provided by the Employer to Management, who decides on the bonus award. The bonus is granted as a lump sum payment and is not added to the employee’s base pay. A bonus award can be granted any time during the year.
Section 1. LONGEVITY BONUS: An annual longevity pay increment shall be granted to eligible employees according to the following schedule based upon years of continuous service with the Employer:
Commencing 10 through completion 14 $ 500.00
Commencing 15 through completion 19 $ 730.00
Commencing 20 through completion 24 $ 1000.00 [122]
Commencing 25 through completion 29 $ 1,030.00
Commencing 30 through completion 34 $ 1,180.00
Commencing 35 and each year thereafter $ 1,330.00
Such payments shall be made consistent with the provisions of this Article. “Continuous years of service with the Employer” shall mean the employee has worked without interruption in one or more positions covered by this Union bargaining unit for the period of years specified in the table above. Years worked in temporary positions or other non-Union positions prior to the employee being covered by this Agreement do not count as years of continuous service.
Section 2. TIMING OF LONGEVITY PAYMENT: Employees may designate on their pay report the week during October or November in which they wish to receive the first half of two equal installments of their longevity bonus. If the employee does not timely make a request for payment, the Employer will pay the first half of the two installments on December 1st. Employees may designate on their pay report the week during April or May in which they wish to receive the second half of the two equal installments of their longevity bonus. If the employee does not timely request the payment, the Employer will pay the second half of the two installments on June 1st. Employees who become eligible for any of the six (6) categories of longevity payments during the six-month period(s) between payments shall have the amount for that period prorated. Only employees who have applied for membership on the date a longevity payment is due and who subsequently become members shall be eligible for such payments. Employees leaving employment who are entitled to longevity shall have it pro-rated at time of termination.
Section 1. MAXIMUM HOURS OF WORK: Under no circumstances will an employee work in excess of sixteen (16) consecutive hours. Should an employee work for sixteen (16) consecutive hours, the employee will be paid double-time from the end of the 12th hour through the end of the 16th hour of this work period. Employees are required to have a minimum of eight (8) hours of ‘rest time’ between shifts of 16 hours. If the ‘rest time’ overlaps with the beginning of an employee’s next scheduled shift, the Employer will pay the first four hours of rest time without the use of accrued leave. For any remaining hours of rest period that occur during a regular shift the employee shall either extend the next scheduled shift to complete eight (8) hours, use vacation time, comp time, or sick time to make up the eight hours, or not be paid for any hours lost as a result of taking the required rest time. For purposes of this provision, should a sixteen (16) hour shift occur on a holiday, working time and/or applicable overtime shall be paid in addition to holiday pay.
Section 1. RECLASSIFICATION OF UNION POSITIONS: This section describes the rights and responsibilities of the Departments and Divisions as well as those of the Union and Union workers solely to provide a comprehensive overview of the reclassification process. The Union and Union workers shall only be able to enforce the provisions of this Article specifying their rights and responsibilities.
(a.) Procedure for reclassification request: A Department Head or manager shall contact the Human Resources Department to report proposed changes in an existing job description and request that the description be updated. The Department shall provide Human Resources with a written memorandum outlining the reason(s) for the request for classification or reclassification, to include a description of whether the duties are new or have been reassigned from another position, why the additional or fewer responsibilities or qualifications are appropriate for this position, and the operational changes in the department that justify that the position be classified or reclassified. Any such formal changes in job descriptions shall be subject to final approval of the Union, as defined in the Job Description Article of this CBA[125].
An employee can also request reclassification if the employee asserts that a Department or Division has permanently assigned to their position additional significant functions which require additional skills and knowledge. The employee shall provide to the Human Resources Department a written and dated request that specifically describes each such function. However, any formal changes in job descriptions shall be subject to final approval of the Union, as defined in the Job Description Article of this CBA[126].
If the employee or the Department Head/manager believes that the changes warrant reclassification, the requesting party will then fill out a “Personnel Information Questionnaire.” The requesting party must submit the original and three (3) copies of the completed Personnel Information Questionnaire to Human Resources. If the requested reclassification would affect the organizational structure of the Department/Division (i.e., if the supervisory chain of command is altered or other employees are affected by the change), the Department should supply the current and the proposed organizational charts showing the relation of the position to the rest of the Division or Department along with a written explanation of any other impact to the Department of the proposed reclassification of the position.
The Human Resources Department will then schedule meetings with the affected employees and supervisor or manager to review requests for changes in functions. Once approved by the supervisor, the revised job description shall be forwarded to the Department Head for final approval. The Human Resources Department will then send the position description to the Union who will have ten (10) working days from the date sent to provide the Human Resources Department with comments and or suggestions, and to approve or reject the changes[127].
If the Human Resources Department determines that the documentation meets the standard for reclassification as described in section b, and if the proposed changes are approved by the Union[128], a classification committee shall analyze the request as outlined by the Willis Classification Plan. The classification committee shall be composed of three members, one of whom shall be a staff person from the Human Resources Department and who shall serve as a voting member. The Union shall be given advance notice of the classification committee meeting. The requesting party shall be given the opportunity to present the request to the classification committee. The resulting grade may be higher, lower, or the same as the existing grade. The Human Resources Director will review the impact of the proposed reclassification on the organization and structure of the affected Division, Department and the Employer as a whole. The Human Resources Director shall note their position regarding the proposed reclassification to the Appointing Authority or the arbitrator.
If the requesting party does not wish to contest the classification committee’s decision, that recommendation shall be forwarded to the Appointing Authority for approval. The Appointing Authority shall review the impact of the request on the affected Department and the Employer in its entirety to determine whether the request is within current budgetary limits. If the Department seeks to implement the reclassification during the current budget year, the Department shall provide specific information about the funding for the reclassification within its existing budget (i.e., the line item from which funds will be transferred).
If denied based on financial grounds, the decision of the Appointing Authority shall be final and no additional requests for reclassification of that position will be heard during the subsequent six (6) month period, or until such time as funding can be secured, whichever is earlier.
Alternatively, if upon review the Appointing Authority determines that the proposed reclassification is within the current budgetary limits and approves the request, it shall be approved.
If a proposed reclassification is approved for a higher classification (i.e. a higher pay grade), it shall be effective on the date of approval. If however, the employee demonstrates both that the employee gave written notice to Human Resources of the additional, permanently assigned functions which resulted in a higher classification, and that the employee has been performing those additional functions continuously since the notice, the Appointing Authority shall order that the higher classification be effective as of the date of the employee’s notice.
If the Appointing Authority denies the reclassification and it is determined both that the employee provided the Human Resources Department written notice of the additional, permanently assigned functions which resulted in a higher classification, and that the employee has been performing those functions continuously since the notice, the Appointing Authority shall direct the Department to pay the employee for the higher classification work back to when Human Resources received the employee’s notice and request for reclassification. The Appointing Authority shall also direct the Department to terminate the assignment of the additional responsibilities to the employee.
If a reclassification for a lower grade is approved and causes an incumbent employee to move from their former classification grade to a classification grade with lower pay, then one calendar year after the Appointing Authority’s decision, the employee will be placed within the new, lower classification grade at the step level that reflects their years of service within the bargaining unit. An employee’s anniversary date will not change as a result of a reclassification of a position.
(b.) Standard for Reclassification: If a position description needs to be amended to reflect additional or fewer responsibilities and/or requires additional or lesser qualifications, it may be submitted for a reclassification review to ensure its appropriate placement within the Employer’s Classification Plan. Reclassification reviews may involve a single position or an entire class.
A position may be reclassified to a higher grade only if it is demonstrated that:
A position may be reclassified to a lower grade if functions identified in the job description are no longer being performed by this position.
However, in no event shall a job description be altered, to reflect a higher or lower pay grade, without the Union given its approval or otherwise as may be permitted by the Job Description Article of this Agreement. [129]
The Human Resources Director shall make an initial determination whether the documents submitted appear to meet either of the above standards for reclassification. If the submission as outlined in subsection (a) does not demonstrate sufficient grounds for reclassification, the requesting party shall be notified. If the department is the requesting party, no additional requests for reclassification for that position will be heard during the subsequent six (6) month period. If the employee is the requesting party, the employee can file an appeal of the Human Resources’ decision using the arbitration provisions of the grievance procedures of this Agreement. The arbitrator shall only decide whether the employee can demonstrate that the standard for a reclassification stated above was met given the information submitted to the Human Resources Department.
(c.) Appeal of classification committee decision: Once the classification committee makes a determination, if the Department is the requesting party, the grade placement decision reached by the committee is final for six months and no additional requests for reclassification of that position shall be heard during that six months period.
Alternatively, if the employee is the requesting party and contests the committee's decision, the employee may utilize the arbitration provisions of the grievance procedures of this Agreement to appeal the committee’s decision.
The appealing party must demonstrate that the committee made an error(s) in its analysis and that the error(s) resulted in the decision against the appealing party. If the appealing party can demonstrate both, then the arbitrator shall determine the position’s classification using the Willis Classification Plan.
(d.) Placement after reclassification: An employee may serve in a position that is reclassified. If an employee is in a position that has been reclassified to a higher pay grade, the employee will enter that higher grade at the lowest step which ensures at least a five (5) percent increase over their current rate. With the approval of the Human Resources Director, the employee shall be placed at a higher step based on exceptional qualifications including years of relevant experience. Years of previous experience that are equivalent or substantively similar to the necessary knowledge, skills, and responsibilities of the new position may be converted to additional steps at a 3:1 ratio. Prior relevant experience that is not substantively similar may be factored in at a higher ratio. The new rate shall not be less than the minimum for the grade nor more than 10% above the employee’s current rate. The decision of the Human Resources Director may be appealed to the Appointing Authority overseeing Human Resources.
Section 1. PROMOTION RAISES[130]: Union members who are promoted to a position that carries a higher pay grade, either through the job bidding process or as a foreperson, will move to the step in their new pay band which provides a minimum of a 5% increase in their hourly rate of pay.
Section 2. PROMOTION TO WORKING FOREMAN[131]: The Employer has the right to select its forepersons (and equivalent positions). Management shall choose a working foreperson from the regular crew. The working foreperson shall receive such additional compensation for added duties as is defined in Appendix A for the foreperson’s pay grade.
The working foreperson shall assign job duties after being directed by management. This will not prevent the management from managing the work of employees directly.
The Union and its individual members agree to accept job assignments delegated to them by the general foreperson. In the event that any member or members of the Union are dissatisfied with the assignment delegated to them, they may appeal to the Union Shop Steward of their unit during the day in order to effect a satisfactory adjustment for the following day. The Union Shop Steward must first notify the supervisor of the appropriate Division and give them an opportunity to make a satisfactory adjustment. Employees assigned work shall work at the assigned job while negotiations regarding adjustment of the assignment are not yet concluded.
In the event that a satisfactory adjustment is not made, the aggrieved person may utilize the grievance procedure outlined in this Agreement. However, the aggrieved person or persons must continue to accept the assignment pending resolution of the grievance.
Working foreman shall be placed in the overtime rotation as are other employees.
The management shall have the discretion to temporarily appoint employees to the position of temporary working forepersons for limited periods. Eligible employees who are qualified, in the opinion of the Department, shall be required to perform the duties of a temporary working foreperson in a responsible manner.
Section 1. WORKER’S COMP: The Employer shall abide by the law concerning the Worker’s Compensation benefit. If a Union worker is absent due to an injury covered by Worker's Compensation, the Employer agrees to pay the difference between the Worker's Compensation benefit and the employee's after-tax wages for a period of one (1) year and the employee shall also continue to accumulate sick and vacation time. In the determination of the "difference" owed to the employee, the Employer shall make adjustments to ensure the employee suffers no additional loss of compensation due to payroll deductions made for tax or benefit purposes. The Employer also agrees to guarantee the employee return rights to a job, for two (2) years. In determining an employee's after-tax wages an average shall be taken from the prior 13-pay periods. Nothing herein precludes the Employer from hiring temporary help from outside the bargaining unit to fill the position left by an employee on extended Worker's Compensation. Upon the employee's return to work, the temporary employee shall have no job rights and shall be terminated.
Section 1. PAID HOLIDAYS: The following days shall be recognized as holidays:
Section 2. FLOATING HOLIDAYS: In addition, all employees shall be allowed three (3) floating holidays per fiscal year for religious, social or personal need. An employee shall provide their Department Head with as much notice as possible of the date selected for such day, but in no case shall such notice be less than three (3) working days.
Section 3. DAY AFTER THANKSGIVING: In addition to the holidays listed above, the day after Thanksgiving shall be a limited service day. A limited service day shall be defined as a day during which all Employer offices are open and all Employer services are provided. A Department Head shall ensure minimum staffing is available to carry out necessary functions. Employees who are scheduled to work a regular shift on a limited service day shall be entitled to another day off, which shall be taken during the fiscal year pursuant to the procedure set forth herein for the floating holiday.
Section 4. OBSERVED HOLIDAY & HOLIDAY PAY: Holidays which fall on Saturday will be observed the day before on Friday, and holidays which fall on Sunday will be observed the day after on Monday. On a designated holiday employees shall be excused from all work (except as scheduled or called in by a Department Head to maintain essential services) and shall receive regular compensation for that day except where other agreements exist. Each eligible employee is entitled to one day of holiday pay for each of the holidays above. An employee who is scheduled to work on either the actual or observed holiday and is excused from work that day has their holiday on and is paid for the day off. Employees who did not receive a day off and holiday pay as previously described and who work (whether scheduled or called-in) on either the actual or the observed holiday shall be entitled to additional holiday pay for the day worked, and an employee who works (whether scheduled or called-in) on both the actual and observed holidays shall be entitled to additional holiday pay for the actual holiday, not the observed holiday. Additional holiday pay for the employee who works as referenced in the previous sentence shall be at the rate of one and one-half times the regular rate of pay except that additional holiday pay on the following holidays shall be double time: Christmas Day (December 25), New Year's Day (January 1), Thanksgiving Day (fourth Thursday in November), July 4, and Labor Day (first Monday in September). Additional holiday pay shall be paid over and above an employee's regular compensation for the day. An employee who works on a holiday may request from their Department Head or designee to take additional holiday pay as compensatory time and if approval is received, may take such compensatory time in accordance with this Agreement. An employee who voluntarily wishes to work on a holiday may request, and a supervisor may allow the employee to work and take that holiday on another day as a day off with pay within the next six (6) months and will not be entitled to additional holiday pay. Management will not pressure employees to work on a holiday voluntarily.
Section 1. VACATIONS [134]: Employees electing to utilize vacation shall be entitled to be free from work for the duration of the assigned weekly schedule inclusive of both scheduled and on-call hours. Vacation time requests shall not be unreasonably denied and may be taken in one-hour increments.
Section 2. VACATION LEAVE ACCRUAL[135]:
Months of Service Weekly Accrual Annual Accrual Hours
0-72 (0-5 Years) 0.29 120 Hours (15 Days)
73-108 (6-9 Years) 0.384 160 Hours (20 Days)
106-156 (10-12 Years) 0.481 200 Hours (25 Days)
157+ (13+ Years) 0.575 240 Hours (30 Days)
Section 3. VACATION SCHEDULING[136]: Employees begin to accrue vacation time from their date of hire. They are eligible to begin using their vacation after their probationary period. Subject to the operating needs of the Department, the Employer will honor requests for scheduling of vacation, with seniority being a determining factor in the event of any conflict between employees over vacation scheduling.
Section 4. VACATION LEAVE BUY BACK[137]: Employees who have accumulated at least ten (10) days of vacation leave as of May 1st annually are eligible to participate in the Vacation Leave Buyback Program as described below:
Employees may, once each year, exchange vacation time, as follows.
a. Employees shall be allowed to exchange a maximum of (10) days of vacation leave. However, at no time may the employee's total accumulated vacation leave fall below 10 days as of May 1st of the applicable year.
b. The applying employee must submit his request no later than May 1st of the applicable year with cash disbursement to be made by June 1st in accordance with the City's normal payroll cycle.
c. The rate of exchange will be 8 hours of straight pay time for each 8 hours of vacation leave exchanged.
Section 5. VACATION LEAVE BUY BACK UPON SEPARATION[138]: A worker who leaves employment for any reason during the year will be compensated in cash for their accrued vacation leave. In the event of their death, such payment will be made to their spouse or next-of-kin as stipulated by the employee in writing.
Section 1. PERSONAL LEAVE: All employees shall receive three (3) days per year of personal leave on actual hours worked. Personal leave shall be taken at a time requested by the employee with, when practical, prior written approval by the supervisor. Suck approval shall not be unreasonably denied.
Section 1. USE OF SICK LEAVE [140]: Sick leave may be used to care for the employee’s own physical or mental illness, injury, or medical condition that prevents them from performing their regular duties as scheduled. Sick leave shall also be granted to allow an employee to obtain professional diagnostic, preventative, routine or therapeutic healthcare that cannot be scheduled outside of working hours; to care for a sick, injured or disabled member of their immediate family, including helping that individual obtain diagnostic, preventative, routine, or therapeutic health treatment, or accompanying them to an appointment related to long-term care; or to arrange for social or legal services or obtain medical care or counseling for themselves or an immediate family member who is a victim of domestic violence, sexual assault, or stalking or is relocating because of any of these. Immediate family includes: spouse, party to a civil union, domestic partner, parents, parent-in-law, grandparent, siblings, children, grandchildren, and foster children. Other close family members who reside in the employee’s home are also considered immediate family. In addition, sick leave may be used for dependent care due to emergencies. “Emergencies” are, by definition, unexpected, short-term events, such as illness of a daycare provider or when the school or business (including a care facility) where an immediate family member is normally located during the employee’s workday is closed for public health or safety reasons. Supervisors should use their best judgment to determine whether specific, individual cases fall within the general intention of this policy.
In order to be eligible for sick leave, an employee who is absent from work for any of the reasons provided in this section must:
1. Inform their immediate supervisor or Department Head of such fact at the first reasonable opportunity, or as defined by Department Directives;
2. A supervisor may require an employer to provide reasonable proof that the employee’s use of earned sick time is for one of the reasons stated in this section.
3. If the employee is out for more than one workweek, they or their surrogate (spouse, adult family member, or other responsible party) must report to the employee’s immediate supervisor either in person, by telephone or electronic communication at least once per workweek, unless the circumstances make such notice impracticable. If the employee is away from their place of residence, a physician’s statement explaining why such an absence is necessary, along with an estimate of the required period of absence, must be submitted.
Section 2 . ACCRUAL OF SICK LEAVE[141]: All permanent full time employees shall be entitled to one and one half (1 ½) days of sick leave at full pay for each calendar month of employment. Any employee who commenced work for the Employer on or after the 16th of any month shall not be awarded sick leave for that month.
Section 3 . SICK LEAVE INCREMENTS[142]: All personnel will be charged one hour of sick time for each hour of sick time taken. In event less than a full workday is missed, the number of sick hours charged will be prorated.
Section 4. ANNUAL SICK LEAVE BUY BACK[143]: Employees who have accumulated at least fifteen (15) days of sick leave as of November 1 annually are eligible to participate in the Sick Leave Buy Back Program as with which they can exchange a maximum of (10) days of sick leave. However, at no time may the employee's total accumulated sick leave fall below 15 days as of 1 November of the applicable year. The applying employee must submit their request no later than November 1st of the applicable year with cash disbursement to be made December 1st or the first workday thereafter. The rate of exchange will be 8 hours of straight time pay for each 8 hours of sick leave exchanged.
Section 5 . SICK LEAVE CASH OUT UPON RETIREMENT OR SEPARATION[144]: Upon normal retirement or upon a good faith separation from employment an employee can collect his unused accumulated sick leave pay in full, up to a maximum of twenty (20) days, or one hundred sixty (160) hours.
Section 1. MEDICAL LEAVE BANK[145]:
A. A Medical Leave Bank will be maintained for use by qualified members whose medical leave, vacation leave, personal leave, is exhausted through prolonged illness or accident and who require additional leave to make full recovery from an extended illness. The Medical Leave Bank shall have a maximum cap of 160 days.
The Medical Leave Bank will initially be furnished with hours by voluntary donations from Union members. Employees may pledge up to 5 days of sick leave per year to fund the Bank. Unused employee donated sick leave shall carry over from year to year. [146]
B. Employees shall not qualify for consideration of extended medical leave within the framework of the Medical Leave Bank unless they have completed one year of service with the Employer.
C. Medical Leave Bank days shall only be available after an employee has been employed more than one year, and after the informed employee has exhausted their entire accumulation of personal days, sick leave and vacation time
D. Any medical leave granted under the provisions of this Article shall expire at the end of the fiscal year. There shall be no accumulation or carryover to successive years of unused medical leave bank days beyond each applicable fiscal year by the employee.
E. The Medical Leave Bank shall be administered by a Medical Leave Bank Committee consisting of Director of Human Resources or designee, Manager and two (2) members designated by the Union.
F Application for benefits from the Medical Leave Bank shall be made in writing to
the Medical Leave Bank Committee accompanied by a doctor's certificate as to the need for and anticipated extent of extended recovery time from the illness.
G. Application for benefits may be made prior to the employee's exhaustion of their own leave to expedite benefits, but drawings upon the Bank will not commence until after the employee's own sick leave, personal leave and vacation leave are exhausted and adequate medical notification has been provided.
H. The initial grant of medical leave by the Medical Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.
I Upon completion of the thirty (30) day period, additional entitlement may be extended by the Medical Leave Bank Committee upon demonstration of continuing need by the applicant.
J. Subject to the foregoing requirements, the Medical Leave Bank Committee will determine the eligibility for the use of the Bank and the amount of leave to be granted. The following general criteria shall be considered by the Committee in administering the Bank and in determining the amount of leave:
1. Medical evidence of serious extended illness;
2. Prior utilization of eligible medical leave.
The decision of the Medical Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.
No days may be withdrawn from the Medical Leave Bank for any illness other than prolonged illness or accident. Days may not be withdrawn to permit an individual to stay at home to care for other members of the family and in no instance may days be withdrawn for purposes of child rearing.
K. If the medical leave bank is exhausted it shall be renewed by the contribution of one (1) additional day of medical leave day by each eligible member of the staff covered by this Agreement from their annual days of sick leave. To the extent that such additional days are unused at the conclusion of the one year period, they may be carried over to the Bank in the successive year. Individual accumulations of sick leave shall be adjusted accordingly.
L. An Annual Report will be given to the Union on status of the Medical Leave Bank by July 30th.
Section 2. SICK LEAVE DIRECT DONATIONS[147]: Employees may voluntarily donate accrued leave (to include sick leave, vacation leave, “floaters'', and comp time) to another employee who will have such donation time credited as “sick” leave. Employees wishing to receive donated leave must have exhausted all vacation, sick, comp time, and any other accrued leave before any donated time will be transferred to their accruals.
Section 1. DISABILITY COVERAGE: The Employer shall provide at no cost to the employee Short-Term and Long-Term Disability insurance coverage. It is understood that the Employer's sole obligation is to purchase an insurance policy and the Employer may change carriers at its discretion so long as the benefits are reasonably comparable.
Section 2. SHORT TERM DISABILITY:
a. Benefits for an accident will commence on the 31st day of disability
b. Benefits for sickness will commence on the 31st day of disability.
c. Payments will continue for a maximum of 22 weeks. The benefit amount shall not be less than 66 2/3% of the employee's normal compensation up to $300 per week.
d. Employees may utilize accrued sick leave to supplement their benefit up to their normal compensation. The City is not responsible for any loss of disability coverage should the employees elect to utilize accrued time.
Section 3. LONG TERM DISABILITY:
a. Benefits for a disability shall commence on the 180th day of disability.
b. Benefits will continue up to age 65.
c. The benefit amount shall not be less than 60% of the employee's normal
d. compensation up to a maximum of $4,000 per month.
Section 1. FAMILY MEDICAL LEAVE:
Eligibility. Employees who have worked for the Employer for at least 12 months and have worked at least 1250 hours (not including any leave or unpaid time) may be eligible to take FMLA leave for any of the following purposes:
Definitions. An “immediate family member” means a child, stepchild, or ward who lives with the employee, foster child, parent, spouse or domestic partner, or parent of the employee’s spouse or domestic partner.
A “serious health condition” means an illness, injury, impairment, accident, disease, or physical or mental condition that:
A “qualifying exigency” includes:
A “covered service member” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
A “serious injury or illness” for military caregiver leave is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.
Amount of Leave. An eligible employee is entitled to take up to 12 weeks of unpaid leave during a 12 month period for the birth or adoption of a child or for the serious health condition of the employee or an immediate family member or up to 26 workweeks of unpaid leave during that single 12 month period for military caregiver leave.
The 12 month period is a rolling period measured backward from the date the employee uses any FMLA leave, such that the employee is entitled to 12 weeks leave in any given 12 month period. The 12 month period for military caregiver leave begins with the first day that military caregiver FMLA leave is taken. Leave for the birth or care of a newborn or placement for adoption or foster care of a child must conclude within 12 months of the birth or placement.
Spouses who are both employed by the City are limited to a combined total of 26 workweeks during any 12 month period for the same birth, adoption, or foster care placement of a child, caring for a parent with a serious health condition, or caring for a covered service member.
Section 2. PAID FAMILY MEDICAL LEAVE:
1. In accordance with all provisions of this article in terms of eligibility for family leave with regards to standards for qualifying injuries/illnesses, covered purposes and individuals, there also exists a Paid Family Medical Leave benefit for certain Bargaining Unit employees.
Qualified employees shall be eligible for four weeks of Paid Family Medical Leave if determined eligible by Human Resources. Additionally, qualified employees shall be eligible for eight weeks of Paid Family Medical Leave at 60% of the employee’s regular base wages.
2. Employee use of Paid Family Medical Leave will be concurrent, not in addition to, the entirety of the total leave time allowed in this Article.
3. If an employee uses any amount of qualified paid family leave and subsequently leaves employment, their accrued vacation leave (if it exists), will be reduced according to the following schedule:
A. If an employee leaves within 12 calendar months of the last day of Paid Family Medical Leave, the employee’s vacation leave accruals will be reduced by the amount of Paid Family Medical Leave used.
B. If an employee leaves within 24 calendar months of the last day of Paid Family Medical Leave, the employee’s vacation leave accruals will be reduced by half of the amount of Paid Family Medical Leave used.
C. If an employee leaves more than 24 calendar months after the last day of Paid Family Medical Leave, the employee’s vacation leave accruals will not be reduced to account for Paid Family Medical Leave used.
4. Paid Family Medical Leave has no cash value for employees and cannot be cashed out upon separation or for any other reason.
5. Paid Family Medical Leave shall be available for situations governed by Section 1 of this Article as it relates to short-term family leave if qualified under the eligibility provisions of this Article.
6. Notice. An employee must notify the Employer in writing of the need for leave at least thirty days in advance of the date the leave is to begin, if the need for leave is foreseeable. If the need for leave is not foreseeable or not foreseeable that far in advance, the employee must give reasonable written notice as soon as practicable (within one or two days of learning of the need for leave).
7. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the Employer’s operations.
8. The notice must include the reason for the leave, the date it is expected to begin, and its estimated duration. The Employer will respond in writing. While on leave, employees must report periodically on their status and intent to return to work.
9. Payments. An employee may use any accrued vacation, sick, or other accrued paid time during this leave, but not to extend the leave beyond the 12 weeks (or 26 weeks in the case of military caregiver leave) in any 12-month period.
10. Employee benefits continue during the leave to the extent required by law.
11. ertification. For any leave for a serious health condition that is expected to last five days or more in length, medical certification is required. If the certification form is not fully and sufficiently completed or is not returned within 15 days (absent unusual circumstances), leave may be denied or delayed.
12. For any leave for a qualifying exigency, the employee must provide the Employer with a copy of the covered military member’s active duty orders and certification. For military caregiver leave, the employee must provide the Employer with a healthcare provider's certification or a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA). Certification should be updated every month, or as requested by HR or the Department Head.
13. The Employer may, at its expense, obtain a second opinion by a health care provider of the Employer’s choice, and if that person disagrees with the employee's provider, a third opinion (by a provider jointly chosen by the employee and the Employer), whose opinion shall be final and binding. The employee may also be asked to obtain a fitness for duty certificate before returning from leave, if the employee was out of work for the employee's own serious health condition.
14. Return to Work. When the employee returns from FMLA leave, the employee will return to the same job or to one that is equivalent in pay, benefits, and other terms and conditions unless the employee is a “key” employee or had already received or given notice of leaving.
15. No Retaliation. Employees who take FMLA leave may not be discriminated or retaliated against.
Section 3. SHORT TERM FAMILY LEAVE: In addition to the above leave, an eligible employee is entitled to the following short term family leave in minimum two hour segments:
Up to 24 hours unpaid leave in any 12-month period (but not more than 4 hours in any 30 day period) for any of the following purposes:
Employees must make a reasonable attempt to schedule appointments outside of regular work hours, and must give at least seven days prior notice of the need to take leave, except in an emergency. Employees may use any accrued paid time during this short-term family leave.
Section 1. POLITICAL OFFICE LEAVE[150]: Employees appointed or elected to the Vermont State Legislature shall be granted a leave of absence with pay. The Employer shall pay the difference between the payment the employee receives from the Legislature and their regular pay.
Section 2. CONTINUATION OF BENEFITS & SENIORITY WHILE IN OFFICE [151]: Any Union member who is elected to a State office, provided that their elected office leave does not exceed four (4) months duration, shall not constitute a break in service, vacation and sick leave shall accrue and fringe benefits will be provided. An employee on elected office leave shall be paid the difference between elected office leave pay received and the amount of straight time earnings lost by reason of such service up to a limit of an employee's regularly scheduled work day. A copy of a paycheck shall be submitted prior to authorization for payment to the employee for the period of leave.
Section 3. TOWN MEETING DAY:[152] Town Meeting Day (the first Tuesday of March) shall be a paid day off to allow Union Members to engage in the local politics in their communities. As a matter of course, Town Meeting Day shall be treated in every regard the same as if it were a paid holiday (on the actual day it occurs) as if defined and provided for in the Paid Holiday Article of this Agreement.
Section 4. VOTING LEAVE[153]: If a registered voter employee does not have sufficient time outside the regular working hours within which to vote, he/she may take off such working time as will, when added to his/her voting time outside working hours, enable him/her to vote. Such time shall be at the beginning or end of a work shift unless otherwise approved by the immediate supervisor. A maximum of two (2) hours may be taken with pay.
Section 1. MAY DAY: Each May 1 on International Workers Day, by a majority vote of all Union members, the shop may be closed for the entire day or part of the day in order for Union members to take part in a Union action which it endorses. In the event that Union members vote to enact this clause of the Contract, those workers who would otherwise have worked that day will not lose any of their projected pay. Further, participation of Union members in the endorsed Union action shall be mandatory. Failure to participate shall result in no wages being provided for that day to the Union member who was not in solidarity.
Section 1. JUNETEENTH: Juneteenth (June 19) will also be recognized as a paid day off, and shall be akin to a floater that, at the Union member’s discretion, can be taken on a day other than June 19. However, in honor of the emancipation of slaves in the United States, and in recognition of the continuing struggle for racial justice in the United States and beyond, this floating holiday will be celebrated as a day of service. Union members therefore shall be paid for Juneteenth (or another date of their choosing), but shall be required to volunteer for a minimum of 6 hours for the day with a recognized non-profit organization, racial justice organization, or a Labor Union. A Union member taking part on the Juneteenth day of service, shall provide the name of the non-profit, racial justice organization, or Labor Union which they shall volunteer for to the Local Union President and/or Union Chapter Chair and their Supervisor prior to volunteering. Union members shall be required to do volunteer service in order to utilize Juneteenth as a floating (paid) day off.
Section 1: CIVIC DUTY LEAVE: Employees who are volunteers for any emergency community service for the community where this Union shop is located, or for a service in a surrounding community, shall be released, on a reasonable basis, with pay, less any sums paid to the employee, to respond to such emergency.
Section 1. JURY DUTY: An employee summoned to Jury Duty will be excused from their work for the required period to perform this duty. During the time an employee is serving on Jury Duty, the Employer shall pay their regular rate of pay. Employees summoned to Court or other public bodies on any matter not related to work in which they are not personally involved (as a plaintiff or defendant) shall be granted a leave of absence with pay for the period necessary to fulfill their civic duties. Employees summoned to Court shall provide a copy of the summons to the Department Head.
Section 1 . MILITARY LEAVE: Any regular employee who has completed the probationary period shall be entitled to military leave without pay as provided by applicable Federal laws under 38 USC Subchapter I, General, §4301 et. seq. and Subchapter II, Employment and Reemployment Rights, and Limitations; Prohibitions, §4311 et. seq.; and applicable State Law, 21 V.S.A. Subchapter 5, Employment Rights for Reserve and National Guard Members, §491 et. seq.
In addition, Union members who are eligible may take up to 12 weeks of leave from employment to deal with “qualified exigencies'' caused by the call to active duty of members of the National Guard, Military Reserves, some retirees and regular duty Armed Forces personnel who are deployed to a foreign country in accordance with the federal Family Medical Leave Act as amended, 29 USC. 201 et. seq. and its regulations, all as they may be amended from time to time (“FMLA''). Also in accordance with the FMLA, an eligible employee may take up to 26 weeks of leave to care for a member of the Armed Forces, including the National Guard and Reserves, who is undergoing medical treatment, recuperation or therapy in an out-patient status or is on the temporarily disabled retired list due to a serious injury or illness that occurred while on active duty. Eligible employees are limited to a combined total of 26 weeks of FMLA leave for all qualifying reasons during a 12 month period with the regular 12 week limit applying to other FMLA reasons for leave. The 12 month period shall be on a rolling forward basis and an approved leave shall begin on the first day of absence.
Military Reserve Training or National Guard Service: A regular employee who has completed their probationary period and who is a member of the National Guard or any reserve component of the United States Armed Forces, will be allowed leave of absence for official training or duty in accordance with State and Federal law. Compensation for this period of military leave shall be computed on the basis of the difference between military base pay received including housing, food and other monetary compensation and the amount designated as the straight time weekly salary for the position of the employee. A copy of the military pay voucher shall be submitted prior to authorization for payment to the employee for the period of leave.
Section 1. LOSS OF SPOUSE OR CHILD[159]: In the event of death of the spouse or child of an employee, the employee shall be granted ten (10) days leave of absence with full pay to make necessary adjustments.
Section 2. LOSS OF FAMILY, SIGNIFICANT FRIEND, OR MISCARRAGE[160]: Whenever a death occurs in the family of an employee, or there is a death of a person of significance to them, or miscarriage, the employee will be allowed seven (7) days off with pay, and one (1) day off for the death of a pet. An employee may request an extension of this leave. If an extension for Bereavement Leave is granted, the employee may request use of paid leave not to exceed five (5) days.
Section 1. UNPAID LEAVE: Upon affirmative recommendation of the Department Head and approval of the Human Resources Director, an employee may be granted leave without pay for a specified period of time. At the expiration of a leave without pay, the employee shall return to the same position. Failure of the employee to report promptly at the expiration of such leave shall be considered a resignation. Leave without pay shall not constitute a break in service. During leave without pay in excess of thirty (30) calendar days, vacation and sick leave shall not accrue. However, in the event of leave without pay necessitated by sickness or disability, an employee may continue to receive health insurance benefits for a period not to exceed two (2) years.
Section 1. HEALTHCARE PLAN[162]: The Employer and Employees will continue to participate in Vermont Health Connect with the Employer paying 90% of the Platinum plan premium and the Employee paying 10% for the single, two person, and family plans. Employees are able to pick any plan offered by Vermont Health Connect. The Employer shall cease offering Health Insurance benefits as of the last day of the month following the date of resignation.
Section 2. HEALTHCARE COST PROTECTION [163]: Notwithstanding the above, the individual employee contribution to the healthcare premium shall not exceed 6.95% of an individual employee’s base wages.
Section 3. HEALTHCARE OPT-OUT/BUY BACK BENEFIT[164]: The Employers will provide employees a stipend, in lieu of health insurance, at a rate of $4500 per year for opting out of a single person coverage; $6000 per year for opting out of the two-person coverage; $7000 per year for opting out of the family coverage if the employee provides proof that they are covered by other health insurance. An employee shall not receive such a stipend when both spouses work for the Employer.
Section 4. BIRTH CONTROL[165]: If prescription birth control pills are not covered by the group medical plan, the Employer will reimburse employees who are participants in the group medical plan fifty percent (50%) of the cost of prescription birth control pills after the employee provides the City with a receipt for such purchase.
Section 4 . CONTINUATION OF HEALTHCARE[166]: Employees who are granted leave without pay due to sickness, childbirth, or accidental disability shall continue to receive benefits under the Employer's hospital and medical plan for a period not to exceed two (2) years at the Employer’s expense.
Section 5. FAMILY HEALTHCARE IN EVENT OF DEATH167]: In the event an employee who is a participant in the Employer’s health insurance plan dies accidentally while on the job or as a direct result of a job related accident, the Employer will continue the medical insurance coverage available to all persons in the employee’s family as that family was constituted at the time of the employee’s death. Such coverage will remain in effect on the children until they are eighteen (18) years old or if in college, until the insurance carrier’s age limit is reached. Coverage of the employee’s spouse will continue until age of eligibility for Medicare (65) is reached or if employed and eligible for coverage under his/her own employer or future spouse’s employer. If the employee is not a member of the Employer’s health plan at the time of death, upon request of the surviving spouse, the Employer will provide similar coverage from another plan on terms consistent with health insurance provided to existing employees.
Section 1. DENTAL: The Employer shall provide at no cost to the employee a basic dental plan of which the Employer shall pay 100% premium costs for the employee. The Employer shall provide each employee coverage under Northeast Delta Dental Benefit Plan #3, with orthodontic rider option C.
Section 1. VISION[169]: The Employer provides vision insurance to all full time staff and dependents with the premium paid by the Employer.
Section 2. EYE EXAMS AND GLASSES[170]: The Employer agrees to provide one eye exam per year and to pay three hundred dollars ($300.00) for one pair of prescribed corrective lenses/glasses per contract year above what is covered by the current health insurance policy. In addition to the benefit, the Employer agrees that when an employee submits for reimbursement to the insurance company, if for any reason the insurance company goes beyond thirty (30) days to pay the reimbursement, the employee may submit to the Employer for full reimbursement. Once the insurance company pays their portion to the employee, the employee must repay the Employer.
Section 1. TOOL INSURANCE: The Employer shall replace tools lost or damaged in the following circumstances:
b. theft, when properly secured;
c. breakage with normal use;
d. normal wear and tear;
e. as otherwise determined by the Department Head.
Section 1. EPA: An Employee Assistance Program (EAP) is offered by the Employer to the Union. The program provides one to five screening sessions for a member of the Union, or member of their immediate family, to seek assistance. Information concerning EAP along with contact information shall be provided to employees by the Department of Human Resources.
Section 2. LAYOFFS:
A. The Employer in its discretion shall determine whether layoffs are necessary, and shall determine which job classifications within the Bargaining Unit shall be adversely affected. Layoffs shall ordinarily be for lack of work and/or lack of funds. In the event of a layoff or reduction in force, employees will be laid off from the affected classification in accordance with their seniority and their ability to perform the remaining work available without further training. When two (2) or more employees have relatively equal experience, skill, ability and qualifications to do the work without further training, the employee(s) with the least seniority will be laid off first.
B. Whenever layoffs are contemplated, the Employer shall notify the Union as early as possible. At the same time the Employer (through its Human Resources Department) shall request immediate notification by Department Heads of any vacancies which exist or are anticipated within the next 60 days. At the time that any notices of individual lay-offs are sent, the Employer shall have a current list of actual and anticipated vacancies on file at the Human Resources Department. Notices of individual layoffs shall be provided, in writing, by the Department Head to each individual employee who is to be laid off no later than sixty (60) days prior to the effective date of such layoff. If an employee is unavailable to receive notice of layoff for a period of 5 calendar days from when said notice is prepared, the Department Head may provide said written notice to the Union Chapter Chair and such notice shall be considered notice to the employee.
C. An employee who is given notice that they are to be laid off shall have the right to transfer into any vacancy existing at the time of notice of layoff, or any vacancy expected by the Employer to become available within sixty (60) days of the time of notice of layoff, if the employee is qualified by training or experience for the position. Whenever the Employer notifies an individual of layoff, the Employer (through the Human Resources Office) shall provide to the employee a current list (including current job descriptions) of actual vacancies and vacancies anticipated within sixty (60) days of any notice of layoff.
D. An employee who is given notice that they are to be laid off will have the right to displace a less senior employee in a position for which they are otherwise qualified by prior preparation and/or experience as the displaced employee, provided, however, that an employee may exercise displacement rights only into a job classification which is equal to or lower than their own, or into a higher job classification if previously held by the employee and the employee is otherwise as qualified by prior preparation and/or experience as the displaced employee. In addition, a part-time employee may only displace another part-time employee, not a full-time employee.
E. An employee who has received written notice of layoff shall have fourteen (14) calendar days from receipt of said notice to provide written notice to the Employer of the employee’s desire to transfer into an existing or anticipated vacancy, or of their desire to displace under Sub-Section D. Said written notice shall be sent by the employee to the Department Head of the Department in which the new position is located. Such notice shall state which position is desired and include sufficient proof of qualifications for the job. Upon being notified, the Department Head shall decide within five (5) working days whether the applicant meets the qualifications for the job in question and so notify the employee, in writing. If the Department Head decides that an employee does not meet the qualifications (as provided in Subsection D) for the job in question, the employee shall have fourteen (14) calendar days from receipt of written notice of non-qualification to provide written notice to the Employer of their desire to transfer into any other existing or anticipated vacancy or vacancies or of their desire to displace. Said written notice(s) shall be sent to the Department Head(s) of the Department(s) in which the new position(s) is (are) located. Preferences among positions (if more than one are listed by the employee) may be stated by the employee. Notice(s) shall include sufficient proof of qualification for the job(s). Upon being so notified, each Department Head shall decide within five (5) working days ten (10) working days if the applicant has more than three (3) applications pending at the time) whether the applicant meets the qualifications (as provided in Subsection D) for the job(s) in question, and so notify the employee, in writing. Should an employee receive notice that the employee is qualified for more than one job, the employee shall have five (5) working days to notify the Employer of which position is desired. Said notice shall be sent by the employee to the Department Head for the Department in which the position is located.
F. If transfer is requested and permitted, the employee shall make the transfer as soon as is practical after the new position is available. In the event that the new position will not be available until after the effective date of layoff, the employee may be assigned duties within their original or new job description or request sick leave, earned vacation leave and/or leave without pay in order to bridge the gap between layoff and transfer into the new position. In the event that an employee does use sick leave as provided herein, the employee's sick leave accumulation shall be reduced one day for each day used.
G. If displacement is requested and permitted, the displaced employee shall be promptly given a sixty (60) day notice of layoff and shall have the same rights as the employee who originally received such notice. The displacing employee shall move into the new position as soon as is practical as determined by the Department Head of the Department into which the employee is moving. Unless the Union and the Employer otherwise agree, the displaced employee may be assigned duties only within their original job description for the balance of any period between displacement and relocation or layoff. The displaced employee may also request earned vacation leave for some or all of the balance of the period between displacement and relocation or layoff.
H. An employee who is not permitted by the Department Head to transfer into a vacant position or to displace an employee may utilize the Grievance and Arbitration procedure by filing an appeal of the Department Head's decision. If a grievance is not resolved, the Union may proceed to Arbitration under this Agreement provided that an employee may utilize arbitration only once per notice of layoff. In the event that the Union does proceed to Arbitration under this section, the Employer and the Union agree to make a good faith effort to expedite the arbitration process.
I. In the event that a laid off employee remains unemployed, the Employer shall allow them to buy the current medical insurance coverage for eighteen (18) months at the group rate which the Employer pays. An administrative fee as permitted by COBRA may be added to the group rate after the first 12 months of coverage under this Article. Employees on layoff status shall be afforded preferred consideration for any part-time or seasonal work which is available and may be permitted under the Collective Bargaining Agreement.
Section 2. RECALL RIGHTS:
A. laid off employees will enjoy recall rights for two (2) years from the date they are laid off, but will accrue seniority for a maximum of one (1) year. If there is a recall, employees on the recall list shall be recalled in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled.
B. If any employee is recalled to a position in a lower related job classification, they shall have the right to return to the job classification they held prior to being laid off in the event it subsequently becomes available so long as the employee still meets the qualifications for the job. The Employer shall not hire new employees for vacant bargaining unit positions, regardless of the source of funding of such position, as long as there are still Bargaining Unit employees on the recall list who are presently qualified to perform the work in the affected job classification and are willing to be recalled to said classification.
C. Employees who are eligible for recall shall be given fourteen (14) calendar days' notice of recall and notice of recall shall be sent to the employee by certified or registered mail with a copy to the Union Chapter Chair and respective Steward, provided that the employee must notify the Department within ten (10) days after receiving notice of recall of their intention to return. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee to the Department Head.
D. Once an employee has been afforded the opportunity of recall under this section and has refused such recall, they shall be deemed to have waived all recall rights under this section except that if an employee is recalled to a lower rated job classification the employee shall have the right to refuse the recall without waiving any rights to subsequent recall.
E. The normal Union Job Bidding process outlined in this Agreement shall not be adhered to in cases where Union workers have suffered a layoff and have the right to return to their old position as part of this Recall process.
Section 1. UNEMPLOYMENT INSURANCE : The Employer shall contribute to the Vermont Department of Employment and Training on behalf of its employees whenever they are eligible for unemployment compensation benefits.
Section 1. DEFINED BENEFIT PENSION: All Bargaining Unit Members are required to enroll in the VMERS Group B Plan as a condition of employment, consistent with the rules are regulations set forth by VMERS. Contribution rates for members and the Employer are set annually by VMERS.
Section 1. DEFERRED COMPENSATION PLAN: The Employer will offer a match up to 5.5% of base salary as a contribution (on a weekly basis) to the Mission Square Section 457 Deferred Compensation Plan. The Employer will approve the use of the same match on other similar retirement programs that meet IRS requirements. If an employee chooses not to participate in this program through a match, the Employer is not required to provide the matched funding in any other manner.
Section 1. POST RETIREMENT HEALTHCARE: Employees who retire at the normal retirement age (age 62 years and at least 20 years’ employment service with the Employer) or who reach 55 years of age and 30 years of employment service with the Employer shall, upon retirement, be eligible to continue health insurance coverage. In the event the retiree elects single person coverage, the Employer shall pay 60% of the premium and the retiree shall pay 40%. If the retiree elects either 2-person or family coverage, the retiree will be responsible for 100% of the elected coverage, less the Employer's share which is equal to 60% of the single person premium. Retiree's share of the monthly premium shall be paid to the Employer by the 15 days of the preceding month, i.e. retiree's share of November's premium is paid to the Employer by October 15. Retiree's eligibility for coverage through the Employer's health insurance policy shall terminate when the retiree is eligible for Medicare or other health insurance or non-payment of monthly premium.
Section 1. LIFE INSURANCE: The Employer will furnish life insurance in an amount equal to two (2) times the base annual earnings rounded to the nearest one thousand dollars ($1,000.00). Such insurance shall have a minimum benefit of twenty five thousand dollars ($25,000.00) and a maximum benefit of fifty thousand dollars ($50,000.00), with double indemnity for accidental death for any cause to age sixty five (65). The Employer will retain Life Insurance coverage with waiver of premium for the Union membership. This policy will stay in force and provide full benefit coverage during any illness, for the term of the illness or until age 65. [178]
Section 2 . BURIAL INSURANCE: The Employer shall maintain a life insurance/burial benefit for retirees so that the amount shall be Ten Thousand Dollars ($10,000.00). [179]
Section 1. JUST CAUSE: No employee shall be disciplined or discharged except for Just Cause.
Section 2. PROGRESSIVE DISCIPLINE: Except as provided for below, discipline shall be progressive in nature and of the following order for similar infractions:
Section 3. UNION REPRESENTATION: When discipline is being issued, or when a Union member is questioned by management in regards to a matter that could reasonably lead to discipline, the Union member shall have a right to have a Union Steward or Union Rep present.
Section 4. RIGHT TO A HEARING: No Union member will suffer a suspension or termination without first having the meaningful opportunity to present their version of events at a formal hearing with the support of a Steward or Union Rep.
Section 5. EGREGIOUS ACTIONS: Only in the most egregious of cases, such as for theft, corruption, fascism, acts of unlawful discrimination or harassment, threats or acts of violence, or gross incompetence shall the progressive nature of the system of discipline be forgone in favor of a more severe disciplinary outcome.
Section 6. EXCEPTION FOR PROBATIONARY EMPLOYEES: The provisions of this article shall not apply to disciplinary action, including suspensions and/or terminations, involving employees during their probationary period.
Section 1. GRIEVANCE PROCEDURE:
(A) Definition: A Grievance shall be construed, for the purpose of this Agreement, to mean a claim or dispute involving the interpretation and/or application, either in whole or in part, of any written portion or provision of this Agreement, past practice, or departure from other relevant rules, laws, or regulations.
(B) Time Limits [182]: Failure by the Grievant to adhere to these procedures within the specified time limits shall render the Grievance null and void. Failure of the Employer to render a decision within the specified time limit shall be construed to be a decision in favor of the Grievant and not be subject to appeal. The time limits in each step may be extended by mutual agreement of the Employer and the Union.
(C) Informal Procedures: Nothing contained within this Grievance Procedure shall be construed as limiting the right of any member of the Union to discuss a dispute or disagreement informally with his/her supervisor before filing the matter as a formal Grievance and having the dispute adjusted without the intervention of the Union, provided such adjustments are not inconsistent with the terms of this Agreement. Should such informal process fail to resolve the Grievance, then a formal filing of the Grievance shall be made in accordance with the procedure hereinafter set forth.
(D) Intent: It is the intention of the parties that Grievances be settled at the lowest possible step. Department Union Stewards will therefore be granted reasonable time on the clock to investigate and process filed Grievances during working hours without loss of pay.
(F) Grievance Procedures
(a) Step One – The Grievant, their Representative, or a Representative of the Union acting on their behalf shall file with their immediate Supervisor, a written Grievance setting forth the specific issues(s) being grieved and setting the redress sought. The Supervisor shall, within five (5) working days of receipt of the Grievance, render a decision in writing, copies of which will be sent to the Grievant and the Union Steward. Upon the request of the Union, the Supervisor shall hold a Hearing with the Grievant, the Union Representative, or other parties as may be appropriate to solicit information. No Grievance shall be considered unless it is filed at the appropriate Step within ten (10) working days of the incident which gave rise to the Grievance. If the grievance is not settled at this Step, then the parties will proceed to Step Two.
(b) Step Two - The Grievant, their Representative, or a Representative acting on their behalf, shall file with the Manager above the Supervisor a written Grievance setting forth the specific issue(s) being Grieved and the redress sought. The Manager shall, within ten (10) working days of receipt of the Grievance render a decision in writing, copies of which to be sent to the Grievant, the Union Steward and the Department Head involved. Upon request from the Union the Manager shall hold a Grievance Hearing prior to a decision being rendered.
(c) Step Three – If the Grievance is not solved at Step Two, the Grievant shall, within fifteen (15) working days, personally or through a Union Representative forward the Grievance to the Director setting forth the reason for the dissatisfaction with the decision rendered at Step Two and outlining the redress sought. The Director shall, within fifteen (15) working days of the receipt of the grievance, meet to consider the substance and adjudication of the matter, and shall within five (5) working days after such meeting render a decision, copies of which shall be sent to the Grievant, the Union Steward and the Manager.
(d) Step Four – If the Grievance is not resolved at Step Three, the Grievant, through a Union representative, shall within thirty (30) calendar days of receipt of the Director’s decision request binding Arbitration on the matter. Such a request shall be made in writing and delivered to the Director by certified mail, in person, or electronically. The Arbitrator shall be determined by a mutual agreement between a Union Representative and the Director. Should the parties be unable to agree upon an Arbitrator, the Arbiter shall be selected by the process provided by the Federal Mediation and Conciliation Service. Cost of the Arbitration shall be borne equally by both parties in the Grievance. The Arbitrator shall be empowered to include in any award remedies as they shall judge to be proper, but the Arbitrator shall have no power to add to, delete from, amend or in any matter alter the existing contract. The decision to go to Arbitration (or not) rests in its entirety with the Union.
(e) If a Grievance is to be filed over a discharge it will be filed at Step Three of the Grievance Procedure.
Section 1. This constitutes the entire agreement of Pathways and the Union, arrived at as a result of collective-bargaining negotiations, except to the extent there are written amendments signed and ratified by both parties.
Section 2. Except by mutual agreement, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives 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 matter may not have been within the knowledge contemplation of either or both parties at the time that they negotiated or signed this Agreement.
Section 3. Either party may propose to the other party that any provision of this contract be reopened for discussion at any time; however, such reopening must be by mutual agreement and the refusal to agree to such reopening by either party does not deprive that party of its rights or relieve the other party of its obligations under this Agreement, nor can such refusal form the basis for any other recourse at law or before any court, board or administrative agency of the state or federal government.
Section 1. Should any provision of this Agreement be found to be in violation of any federal, state or local law by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. In addition, the parties agree to meet and bargain about the invalidated provisions.
Section 1. This Agreement shall be in effect from the date of ratification through _____ ___, _____ . Should a successor Agreement not be executed by the expiration date, this Agreement shall remain in full force and effect until either (1) a successor agreement is executed and ratified, or (2) an impasse in negotiations is reached, or (3) one party gives the other party at least 21 days’ written notice of termination of the Agreement. Neither party may rely on sections 2 or 3 in the previous sentence to end this agreement after the expiration date unless the parties have utilized mediation services.
This Agreement shall automatically renew on an annual basis unless the Employer or the Union, no less than 60 days prior to the expiration of this Agreement, notified the other party, in writing, that they wish to renegotiate it.
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this
_________ day of _____ _____, by their duly authorized representatives.
The Union The Employer
______________________________________ __________________________________________
Local President Management
