Common use of Labor Relations Unit Clause in Contracts

Labor Relations Unit. If the grievance is not resolved at step 2, the employee or the Association may file, within fifteen (15) calendar days after receiving the response from the Agency Personnel Services Section Manager or designee, the grievance with the Department of Administrative Services, Labor Relations Unit, for determination. The Labor Relations Unit shall respond within fifteen (15) calendar days. Step 4 – Arbitration‌ (A) If the grievance is not satisfactorily resolved by the Labor Relations Unit, the Association may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Unit. (B) The parties shall select an Arbitrator from the lists(s) requested from the State Mediation and Conciliation Service. The parties shall name a mutually acceptable Arbitrator from the requested list. If the parties do not select an Arbitrator from the list, additional lists shall be requested until a mutually acceptable Arbitrator is named. (C) Any arbitrable grievance arising out of or relating to the interpretation or the application of this Agreement shall be submitted by either the Employer, or the Association. If the grievance is to be submitted to arbitration, a pre-arbitration meeting shall be held between the Employer, the Association, and the Arbitrator in order to discuss a framing of the issues for a consolidation of cases, or such other procedural matters as the Arbitrator deems pertinent. A hearing will be scheduled with the parties at a mutually agreeable time. (D) The arbitrator shall act in a judicial, not legislative capacity and shall have no right to recommend to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to the arbitrator. (E) In the event the arbitrator finds a violation of the terms of this Agreement, the arbitrator shall fashion an appropriate remedy. The arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. (F) The arbitrator shall submit in writing the decision within forty-five (45) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension thereof. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. Section 4. Where a grievance involves two (2) or more supervisors and is confirmed by the signatures of three (3) or more employees, such grievances shall be filed and processed at step 2 of the grievance procedure. When a grievance involves employees in more than one (1) Agency, such grievance shall be filed and processed in accordance with step 3 of this Article. The grievance shall specifically enumerate, by name, the affected employees and the Grievance Form shall show the employees’ signatures. Section 5. The Association shall not expand upon the original elements and substance of the written grievance. Further, all grievances submitted for arbitration shall be consistent with the statement of grievance identified on the Official Statement of Grievance Form. Section 6. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time, which, if agreed to, must be stipulated in writing and shall become part of the grievance record. The employee may appeal a grievance to the next step if the Employer fails to meet time lines prescribed herein. Section 7. The arbitrator’s fees and expenses shall be equally shared by the parties. Section 1. A reduction in force is defined as a separation from the service for involuntary reasons, other than resignation, not reflecting discredit on an employee. Section 2. A reduction in force shall be implemented in the following manner: (A) The Agency shall give the Association written notice thirty (30) days in advance, an opportunity to be briefed on factors necessitating a reduction in force, and an opportunity to comment. The Agency will provide the Association with a list of employees to be declared surplus, computation of service credits for represented employees, and any change in the classifications or pay of the employees involved brought about by the reorganization. (B) As soon as possible after the need for reduction in force is determined, the Agency and the Association shall discuss the need for and implementation of job information services which may include Job Information Notice, Hot-line Service, Request for Information, Employee Resume Assistance, and Job Skill Orientation. (C) Service credits will be calculated for all employees within the Agency in accordance with Section 6 of this Article, and lists for each classification series shall be prepared for: (1) Part-time employees (2) Full-time employees (3) Seasonal employees Section 3. The Agency shall determine the specific positions to be vacated. Regular status employees in positions which are declared surplus shall be advised and shall be given thirty (30) days notice and ten (10) days to select one of the following options. In order to keep transfer and cost of moving to a minimum, options will normally be considered in the listed order although the employee may at any time select Option 3. For purposes of this Article, zone shall be defined as Zone A (Regions 1-2) and Zone B (Regions 3-5). Option 1 The employee may displace the employee in the bargaining unit with the lowest service credits in the same classification in the same zones as defined above where the reduction in force occurs. Option 2 The employee may demote to any classification within the bargaining unit in the same zone as defined above in the Agency where the reduction in force occurs. Option 3 The employee may accept reduction in force in lieu of either Option 1 or 2. Section 4. To facilitate the process, employees electing to demote in lieu of reduction in force who do not have the lowest service credit scores in their classification, shall have all rights to return to their former classification via the reduction in force list. (A) Before exercising any of the options under Section 3, the employee must meet the minimum qualifications and any special qualifications for the position for the classification, and must satisfactorily perform the duties of the position in ninety (90) days. (B) Any regular status employee displaced by another employee exercising his/her options under Section 3 may also exercise any option available under Section 3. (C) Employees who refuse to accept reassignment to a position made available by the Agency in accordance with the employee’s selected option shall be considered to have been laid off. (D) Executive Service and Management Service employees removed from positions excluded from collective bargaining and reassigned to classifications that are represented by the Association shall immediately be covered by the terms of this Agreement. (A) After the procedures of reassignment have been applied throughout the Agency, a reduction in force list of the remaining personnel shall be compiled and separation notices shall be sent to those employees affected notifying them that their services will be terminated in thirty (30) days. (B) Temporary employees working in the classification and region in which a reduction in force occurs must be terminated prior to the layoff of trial service or regular status employees. (C) Initial trial service employees (new hires) must be removed prior to the reduction in force of regular employees. The order in which trial service employees are removed shall be based on service credit scores. Trial service employees who are removed, or demoted in lieu of reduction in force, will not be placed on the Agency reduction in force list, but shall be restored to the eligible list from which certification was made, if the eligible list is still active. Restoration to the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. (D) Regular employees shall be laid off in the following order: (1) Seasonal employees (2) Part-time employees (3) Full-time employees However, individuals filling a job share position which totals a full-time equivalent shall be considered as one (1) position. Service credits shall be determined by averaging the two (2) individual’s scores, and both individuals shall be treated as one (1). Section 6. Computation of service credit shall be made as follows: (A) Credit one-half (1/2) point for each month of service except as a temporary appointee in State service. (B) Each full month of State service shall be used in the above computation except when a break in service of twenty-four (24) months or more has occurred. In this event, only service occurring after reemployment will be allowed in the computation. All part-time regular status service shall be credited on a prorated basis. (C) If it is found that two (2) or more employees in the Agency have equal service credit, the order of reduction in force shall be in inverse order to the greatest length of continuous service in the Agency. If ties between employees still exist, the order of reduction in force shall be determined by the Agency, in such manner as to conserve for the State the service of the most qualified employees. Section 7. Regular status employees laid off, or demoted in lieu of reduction in force, shall be placed, in order of service credit, on the Agency bargaining unit reduction in force list for the region in which the reduction in force occurs. The term of eligibility of candidates placed on the lists shall be two (2) years from the date of their separation from the classification in which they earned reduction in force rights. Should an employee be recalled to a position, the employee will not be eligible for moving expenses. Section 8. Regular seasonal employees laid off prior to the end of the season shall be placed, in order of service credit, on the Agency bargaining unit reduction in force list for seasonal reappointment, and shall be limited so as to encompass only those seasonal employees in a class who are employed at a specific geographical location where the reduction occurs. The eligibility of such seasonal employees shall be canceled at the end of each season. At the completion of a season, all seasonal employees shall be terminated without regard to service credit computation. Regular seasonal employees terminated at the end of the season shall be placed on the reinstatement list in order of service credit, and shall be recalled by geographical area the following season, in order of service credit, to the extent that work is available to be performed. Section 1. The parties agree that when the Agency finds it necessary to layoff bargaining unit employees it will do so under the following procedures. The Agency shall give the Association written notice thirty (30) days in advance; an opportunity to be briefed on factors necessitating a layoff; and an opportunity to comment. The Agency will provide the Association with a list of positions to be declared surplus; computation of service credits for represented employees; and any change in the classifications or pay of the employees involved brought about by the reorganization. Section 2. Employee’s service credits shall be calculated and employees laid off within the following mutually exclusive categories: (A) Permanent part-time employees, (B) Permanent full-time employees. Section 3. The layoff procedure shall occur in the following manner: Section 4. The following options will be available to an employee whose position is to be vacated. In order to keep transfer and cost of moving to a minimum, options will normally be considered in the listed order although the employee may at any time select Option 5. The employee may be denied Option 2 if a position is available to him/her under Option 1. The employee may be denied Option 4 if a position is available to him/her under Options 1 or 3. Option 1. The employee may displace the employee in the bargaining unit with the lowest service credits in the same classification, in the same geographical area, and in the same Agency where the layoff occurs. Option 2. The employee may displace the employee in the bargaining unit with the lowest service credits in the same classification and in the same Agency where the layoff occurs. Option 3. The employee may demote to any classification within their series and within the bargaining unit in the same geographical area in the Agency where the layoff occurs. Option 4. The employee may demote to any classification within their series and within the bargaining unit in the Agency where the layoff occurs. Option 5. The employee may accept layoff in lieu of any of the foregoing options. Section 5. Computation of service credit shall be made as follows: (A) Credit one (1) point for each month of unbroken service in State service. (B) A break in service is a separation from State service of more than two (2) years. All part-time service shall be credited on a pro-rated basis. A regular employee, who separates from the State service and exceeds the limitations for unbroken service shall not regain previously accrued service credit for the purpose of layoff standing. If it is found that two (2) or more employees in the Agency have equal service credit, the order of reduction shall be in inverse order of the greatest length of continuous State service. If this does not break the tie, then the greatest length of continuous service in the Agency shall be used. If ties between employees still exist, the order of reduction shall be determined by the Agency, with prior approval of the Department, in such a manner as to conserve for the State services the most qualified employees. Section 6. Moving expenses will be paid by the Agency for any moves associated with bumping, demoting or return from a layoff list, in accordance with the Moving Article in this Agreement. Section 7. If an employee is demoted to a job classification in a lower range, because of layoff, but their previous salary is above the highest step for that range, the employee shall be paid at the higher salary until the salary in the lower class catches up or the employee is promoted or reinstated.

Labor Relations Unit. If the grievance is not resolved at step 2, the employee or the Association may file, within fifteen (15) calendar days after receiving the response from the Agency Personnel Services Section Manager or designee, the grievance with the Department of Administrative Services, Labor Relations Unit, for determination. The Labor Relations Unit shall respond within fifteen (15) calendar days. Step 4 – Arbitration‌. (A) If the grievance is not satisfactorily resolved by the Labor Relations Unit, the Association may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Unit. (B) The parties shall select an Arbitrator from the lists(s) requested from the State Mediation and Conciliation Service. The parties shall name a mutually acceptable Arbitrator from the requested list. If the parties do not select an Arbitrator from the list, additional lists shall be requested until a mutually acceptable Arbitrator is named. (C) Any arbitrable grievance arising out of or relating to the interpretation or the application of this Agreement shall be submitted by either the Employer, or the Association. If the grievance is to be submitted to arbitration, a pre-arbitration meeting shall be held between the Employer, the Association, and the Arbitrator in order to discuss a framing of the issues for a consolidation of cases, or such other procedural matters as the Arbitrator deems pertinent. A hearing will be scheduled with the parties at a mutually agreeable time. (D) The arbitrator shall act in a judicial, not legislative capacity and shall have no right to recommend to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to the arbitrator. (E) In the event the arbitrator finds a violation of the terms of this Agreement, the arbitrator shall fashion an appropriate remedy. The arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. (F) The arbitrator shall submit in writing the decision within forty-five (45) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension thereof. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. Section 4. Where a grievance involves two (2) or more supervisors and is confirmed by the signatures of three (3) or more employees, such grievances shall be filed and processed at step 2 of the grievance procedure. When a grievance involves employees in more than one (1) Agency, such grievance shall be filed and processed in accordance with step 3 of this Article. The grievance shall specifically enumerate, by name, the affected employees and the Grievance Form shall show the employees’ signatures. Section 5. The Association shall not expand upon the original elements and substance of the written grievance. Further, all grievances submitted for arbitration shall be consistent with the statement of grievance identified on the Official Statement of Grievance Form. Section 6. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time, which, if agreed to, must be stipulated in writing and shall become part of the grievance record. The employee may appeal a grievance to the next step if the Employer fails to meet time lines prescribed herein. Section 7. The arbitrator’s fees and expenses shall be equally shared by the parties. Section 18. A reduction If the parties agree to meet to discuss a grievance and the employee works in force a location that is defined as a separation from different than where the service for involuntary reasonsmeeting will be held with the supervisor or other designated Agency or Employer representative or is otherwise unable to attend, other than resignation, not reflecting discredit on an employee.then such meeting shall be conducted by telephone unless the parties agree to meet in person. When a Section 29. A reduction in force shall be implemented in the following manner: (A) The Agency shall give the Association written notice thirty (30) days in advanceUpon request, an opportunity to be briefed on factors necessitating a reduction in force, and an opportunity to comment. The Agency will provide the Association with a list of employees to be declared surplus, computation of service credits for represented employees, and any change in the classifications or pay of the employees involved brought about by the reorganization. (B) As soon as possible after the need for reduction in force is determined, the Agency and the Association employee shall discuss the need for and implementation of job information services which may include Job Information Notice, Hot-line Service, Request for Information, Employee Resume Assistance, and Job Skill Orientation. (C) Service credits will be calculated for all employees within the Agency in accordance with Section 6 of this Article, and lists for each classification series shall be prepared for: (1) Part-time employees (2) Full-time employees (3) Seasonal employees Section 3. The Agency shall determine the specific positions to be vacated. Regular status employees in positions which are declared surplus shall be advised and shall be given thirty (30) days notice and ten (10) days to select one of the following options. In order to keep transfer and cost of moving to a minimum, options will normally be considered in the listed order although the employee may at any time select Option 3. For purposes of this Article, zone shall be defined as Zone A (Regions 1-2) and Zone B (Regions 3-5). Option 1 The employee may displace the employee in the bargaining unit with the lowest service credits in the same classification in the same zones as defined above where the reduction in force occurs. Option 2 The employee may demote to any classification within the bargaining unit in the same zone as defined above in the Agency where the reduction in force occurs. Option 3 The employee may accept reduction in force in lieu of either Option 1 or 2. Section 4. To facilitate the process, employees electing to demote in lieu of reduction in force who do not have the lowest service credit scores in their classification, shall have all rights right to return to their former classification via the reduction in force list. (A) Before exercising any of the options under Section 3, the employee must meet the minimum qualifications and any special qualifications for the position for the classification, and must satisfactorily perform the duties of the position in ninety (90) days. (B) Any regular status employee displaced by another employee exercising his/her options under Section 3 may also exercise any option available under Section 3. (C) Employees who refuse to accept reassignment to a position made available by the Agency in accordance with the employee’s selected option shall be considered to have been laid off. (D) Executive Service and Management Service employees removed from positions excluded from collective bargaining and reassigned to classifications Association representation during an investigatory interview that are represented by the Association shall immediately be covered by the terms of this Agreement. (A) After the procedures of reassignment have been applied throughout the Agency, a reduction in force list of the remaining personnel shall be compiled and separation notices shall be sent to those employees affected notifying them that their services will be terminated in thirty (30) days. (B) Temporary employees working in the classification and region in which a reduction in force occurs must be terminated prior to the layoff of trial service or regular status employees. (C) Initial trial service employees (new hires) must be removed prior to the reduction in force of regular employees. The order in which trial service employees are removed shall be based on service credit scores. Trial service employees who are removed, or demoted in lieu of reduction in force, will not be placed on the Agency reduction in force list, but shall be restored to the eligible list from which certification was made, if the eligible list is still active. Restoration to the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. (D) Regular employees shall be laid off in the following order: (1) Seasonal employees (2) Part-time employees (3) Full-time employees However, individuals filling a job share position which totals a full-time equivalent shall be considered as one (1) position. Service credits shall be determined by averaging the two (2) individual’s scores, and both individuals shall be treated as one (1). Section 6. Computation of service credit shall be made as follows: (A) Credit one-half (1/2) point for each month of service except as a temporary appointee in State service. (B) Each full month of State service shall be used in the above computation except when a break in service of twenty-four (24) months or more has occurred. In this event, only service occurring after reemployment will be allowed in the computation. All part-time regular status service shall be credited on a prorated basis. (C) If it is found that two (2) or more employees in the Agency have equal service credit, the order of reduction in force shall be in inverse order to the greatest length of continuous service in the Agency. If ties between employees still exist, the order of reduction in force shall be determined by the Agency, in such manner as to conserve for the State the service of the most qualified employees. Section 7. Regular status employees laid off, or demoted in lieu of reduction in force, shall be placed, in order of service credit, on the Agency bargaining unit reduction in force list for the region in which the reduction in force occurs. The term of eligibility of candidates placed on the lists shall be two (2) years from the date of their separation from the classification in which they earned reduction in force rights. Should an employee be recalled to a position, the employee reasonably believes will not be eligible for moving expenses. Section 8. Regular seasonal employees laid off prior to the end of the season shall be placed, result in order of service credit, on the Agency bargaining unit reduction in force list for seasonal reappointment, and shall be limited so as to encompass only those seasonal employees in a class who are employed at a specific geographical location where the reduction occurs. The eligibility of such seasonal employees shall be canceled at the end of each season. At the completion of a season, all seasonal employees shall be terminated without regard to service credit computation. Regular seasonal employees terminated at the end of the season shall be placed on the reinstatement list in order of service credit, and shall be recalled by geographical area the following season, in order of service credit, to the extent that work is available to be performed. Section 1. The parties agree that when the Agency finds it necessary to layoff bargaining unit employees it will do so under the following procedures. The Agency shall give the Association written notice thirty (30) days in advance; an opportunity to be briefed on factors necessitating a layoff; and an opportunity to comment. The Agency will provide the Association with a list of positions to be declared surplus; computation of service credits for represented employees; and any change in the classifications or pay of the employees involved brought about by the reorganization. Section 2. Employee’s service credits shall be calculated and employees laid off within the following mutually exclusive categories: (A) Permanent part-time employees, (B) Permanent full-time employees. Section 3. The layoff procedure shall occur in the following manner: Section 4. The following options will be available to an employee whose position is to be vacated. In order to keep transfer and cost of moving to a minimum, options will normally be considered in the listed order although the employee may at any time select Option 5disciplinary action. The employee may be denied Option 2 if a position is available will have the opportunity to him/her under Option 1. The employee may be denied Option 4 if a position is available to him/her under Options 1 consult with an Association Job Representative or 3. Option 1. The employee may displace Association staff member before the employee in the bargaining unit with the lowest service credits in the same classification, in the same geographical area, and in the same Agency where the layoff occurs. Option 2. The employee may displace the employee in the bargaining unit with the lowest service credits in the same classification and in the same Agency where the layoff occurs. Option 3. The employee may demote to any classification within their series and within the bargaining unit in the same geographical area in the Agency where the layoff occurs. Option 4. The employee may demote to any classification within their series and within the bargaining unit in the Agency where the layoff occurs. Option 5. The employee may accept layoff in lieu of any of the foregoing options. Section 5. Computation of service credit shall be made as follows: (A) Credit one (1) point for each month of unbroken service in State service. (B) A break in service is a separation from State service of more than two (2) years. All part-time service shall be credited on a pro-rated basis. A regular employee, who separates from the State service and exceeds the limitations for unbroken service interview but such designation shall not regain previously accrued service credit for the purpose of layoff standing. If it is found that two (2) or more employees in the Agency have equal service credit, the order of reduction shall be in inverse order of the greatest length of continuous State service. If this does not break the tie, then the greatest length of continuous service in the Agency shall be used. If ties between employees still exist, the order of reduction shall be determined by the Agency, with prior approval of the Department, in such a manner as to conserve for the State services the most qualified employeescause an undue delay. Section 6. Moving expenses will be paid by the Agency for any moves associated with bumping, demoting or return from a layoff list, in accordance with the Moving Article in this Agreement. Section 7. If an employee is demoted to a job classification in a lower range, because of layoff, but their previous salary is above the highest step for that range, the employee shall be paid at the higher salary until the salary in the lower class catches up or the employee is promoted or reinstated.