SECURITY UNIT AGREEMENT
MICHIGAN CORRECTIONS ORGANIZATION
SEIU LOCAL 526M, CTW
STATE OF MICHIGAN
January 1, 2016
December 31, 2018
TABLE OF CONTENTS SECURITY UNIT AGREEMENT
ARTICLE 1 PREAMBLE AND PURPOSE 1
ARTICLE 2 RECOGNITION 2
Section A. Representation Unit 2
Section B. New or Abolished Classifications 3
Section C. Integrity of the Bargaining Unit 4
Section D. Work Performed by Supervisors 4
Section E. Aid to Other Unions 5
ARTICLE 3 DEFINITIONS 5
Section A. Appointing Authority 5
Section B. Work Location. 5
Section C. Probationary Employee. 6
Section D. Secondary Negotiations 6
Section E. Letter of Understanding. 6
ARTICLE 4 MANAGEMENT RIGHTS 7
ARTICLE 5 UNION DUES AND FEES 8
Section A. Dues Deductions 9
Section B. Revocation. 9
Section C. Maintenance of Membership. 10
Section D. Representation Fee Deductions 10
Section E. Remittance and Accounting. 10
Section F. Legal Requirements 10
Section G. Bargaining Unit Information Provided to the Union. 11
ARTICLE 6 UNION RIGHTS 11
Section A. Bulletin Boards 11
Section B. Distribution Service. 12
Section C. Union Information Packet 13
Section D. Union Presentation. 13
Section E. Union Office Space. 14
Section F. Union Meetings on State Premises 15
Section G. Telephone Directory 15
Section H. Access to Premises by Union Staff and Off-Duty Officials 15
Section I. Union Identification 16
ARTICLE 7 UNION BUSINESS AND ACTIVITIES 16
Section A. Time Off for Union Business 16
Section B. Loss of Benefits 18
Section C. MCO State-Wide Executive Council 18
Section D. Leave for Union Representation Activities During Working Hours 18
Section E. Administrative Leave Bank 19
Section F. Release and Utilization of Administrative Leave Bank.
Section G. Union Administrative Leave Of Absence 20
ARTICLE 8 UNION REPRESENTATION 21
Section A. Union Representatives and Jurisdictions 21
Section B. Release of Union Representatives 23
Section C. Right to Representation. 24
Section D. Union Negotiating Committees 24
Section E. Shift Preference. 25
ARTICLE 9 GRIEVANCE PROCEDURE 26
Section A. General. 26
Section B. Initiation and Processing of Grievances 29
Section C. Grievance Procedure 32
Section D. Arbitration. 34
Section E. Time Limits 36
Section F. Retroactivity 36
Section G. Documents and Witnesses 37
SUPPLEMENTAL GRIEVANCE PROCEDURE 38
ARTICLE 10 DISCIPLINARY ACTION 39
Section A. General. 39
Section B. Investigation 40
Section C. Investigative or Emergency Suspensions 45
Section D. Disciplinary Conference 47
Section E. Notice and Initiation of Disciplinary Action. 49
Section F. Resignation in Lieu of Disciplinary Action 50
Section G. Outside Investigations 51
ARTICLE 11 LABOR-MANAGEMENT MEETINGS 51
Section A. Purpose 51
Section B. Representation. 52
Section C. Scheduling. 53
Section D. Pay Status of Union Representatives 54
Section E. Office of the State Employer. 55
Section F. Staffing Level Consultations 55
Section G. Departmental Efficiency Advisory Committees 55
ARTICLE 12 HEALTH AND SAFETY 56
Section A. General. 56
Section B. First Aid Equipment 57
Section C. Tools and Equipment 57
Section D. Protective Clothing and Equipment 57
Section E. Confidentiality of Employee Health Records 58
Section F. Buildings 58
Section G. Medical Examinations 58
Section H. Contagious Conditions/Communicable Diseases 59
Section I. Foot Protection. 62
Section J. Safety Inspection 62
Section K. Damage to Personal Items 62
Section L. Compliance Limitations 63
Section M. Evacuation and Mobilization Plans 63
Section N. Drug and Alcohol Testing 64
Section O. Personal Protective Devices 69
Section P. Staffing Safety 70
Section Q. Isolated Single Person Assignments 70
Section R. Social Security Numbers and Personal Information. 71
ARTICLE 13 SENIORITY 71
Section A. Layoff and Recall. 71
Section B. Fringe Benefit Computation. 71
Section C. General 71
Section D. Application. 73
Section E. Seniority Information 73
Section F. Probationary Employees 74
ARTICLE 14 LAYOFF AND RECALL PROCEDURE 74
Section A. Application of Layoff 74
Section B. Reduction in Hours; Other Alternatives 77
Section C. Voluntary Indefinite Layoffs 77
Section D. General Layoff Procedures 77
Section E. Bumping. 79
Section F. Recall Lists 81
Section G. Recall from Layoff 83
Section H. Removal of Name From Recall Lists 83
Section I. Recall to Temporary Vacancies 84
Section J. Layoff and Recall Information for MCO 84
Section K. Relocation Expenses. 85
Section L. Expanded Employment Option. 85
ARTICLE 15 ASSIGNMENT, VACANCY AND TRANSFER 85
Section A. Definitions 85
Section B. Right of Assignment 86
Section C. Probationary Employee Assignments 86
Section D. Reasonable Accommodation and Alternative Assignments 87
ARTICLE 15, PART A TRANSFERS BETWEEN SHIFTS 87
ARTICLE 15 PART B BID POSITIONS 89
Section A. Department of Corrections 89
Section B. Department of Health and Human Services 92
Section C. Vacating Bid Positions 93
Section D. All Other Positions on a Shift 93
Section E. Temporary Reassignments on Bid Positions 93
ARTICLE 15 PART C SCHEDULED REGULAR DAYS OFF
Section A. Department of Corrections 94
Section B. Department of Health and Human Services 95
Section C 96
ARTICLE 15 PART D TRANSFERS BETWEEN WORK LOCATIONS 96
Section A. Department of Corrections 96
Section B. Transfer Interviews 99
Section C. Transfer Expense. 99
ARTICLE 15 PART E INVOLUNTARY REASSIGNMENT 99
Section A. Change in Shift or RDOs 99
Section B. Reassignment Without Change in Shift or RDOs 100
Section C. Return 101
Section D. Reorganization or Permanent Transfer of Work 101
ARTICLE 15 PART F WORKING OUT OF CLASS 102
ARTICLE 16 HOURS OF WORK AND SCHEDULING 102
Section A. Work Period. 102
Section B. Scheduling. 102
Section C. Work Day 102
Section D. Work Shift 102
Section E. Work Schedules 104
Section F. Change of Work Schedules 104
Section G. Leave For Shortened Non-Duty Time. 105
Section H. Swing Shifts 105
Section I. Meal Periods 105
Section J. Rest Periods 106
Section K. No Guarantee or Limitation 106
Section L. Alternative Work Scheduling Systems (Flextime). 106
Section M. Consecutive Scheduled Days Off (RDOs). 107
ARTICLE 17 OVERTIME 107
Section A. Definitions 107
Section B. Eligibility for Overtime Credit 108
Section C. Overtime Compensation 109
Section D. Pyramiding. 111
Section E. Call-In. 111
Section F. Overtime Distribution Procedure. 112
Section G. Probationary Employees 124
Section H. Emergency Overtime. 124
Section I. Work in Progress 125
Section J. Modified Mandatory Overtime Premium 125
ARTICLE 18 HOLIDAYS 126
Section A. Designated Holidays 126
Section B. Eligibility 127
Section C. Work on a Holiday 127
Section D. Equivalent Allowance. 128
Section E. Reduced Staffing Schedules – Department of Corrections 128
Section F. Holiday Scheduling-- Department of Health and Human Services 129
ARTICLE 19 LEAVES OF ABSENCE WITHOUT PAY 130
Section A. Eligibility 130
Section B. Request Procedure 130
Section C. Approval. 131
Section D. Educational Leave of Absence. 131
Section E. Medical Leave of Absence. 132
Section F. Family and Medical Leave Act 133
Section G. Military Leave. 134
Section H. Leave for Union Office. 134
Section I. Waived Rights Leave of Absence. 135
Section J. Parental (Maternity/Paternity) Leave. 135
Section K. Return from Leave of Absence. 136
Section L. Jury and Witness Duty 136
Section M. Victim Impact Statements 137
ARTICLE 20 PERSONNEL FILES 138
Section A. General. 138
Section B. Access 138
Section C. Employee Notification. 139
Section D. Non-Job Related Information. 139
Section E. Time Limits 139
ARTICLE 21 CONTRACTING AND SUB-CONTRACTING 140
ARTICLE 22 MISCELLANEOUS 141
Section A. Wage Assignments and Garnishments 141
Section B. Rehabilitation and Disability Management 142
Section C. Notice of Examination 142
Section D. In-Service Training. 142
Section E. Printing Agreement 143
Section F. Effect of Civil Service Commission Rules and Compensation Plan 144
Section G. Savings Clause 145
Section H. Constitutional Change 145
Section I. Uniforms 145
Section J. Eating Areas 148
Section K. Representation in Civil Litigation 148
Section L. LTD/Workers’ Compensation Disputes 149
Section M. Resignation. 149
ARTICLE 23 MAINTENANCE OF BENEFITS 149
Section A. Compensation and Economic Benefits 149
Section B. Non-Compensation Conditions 150
ARTICLE 24 NON-DISCRIMINATION 150
ARTICLE 25 NO STRIKE - NO LOCKOUT 152
Section A. No Strike. 152
Section B. No Lockout 153
ARTICLE 26 COUNSELING AND SERVICE RATINGS 153
Section A. General. 153
Section B. Informal (Verbal) Counseling. 153
Section C. Formal Counseling 153
Section D. Removal of Counseling Records 154
Section E. Counseling Appeals 154
Section F. Unsatisfactory Service Ratings 155
ARTICLE 27 WAGES AND LONGEVITY 155
Section A. Fiscal Year 0000-0000 000
Section B. Fiscal Years 2017-2018 and 2018-2019. 156
Section C. High Security Retention Premium Pay 156
Section D. Department of Health and Human Services Retention Premium Pay 157
Section E. Longevity Pay 158
Section F. Completion of Bargaining 160
ARTICLE 28 PAID ANNUAL LEAVE 161
Section A. Initial Leave. 161
Section B. Allowance. 161
Section C. Crediting. 162
Section D. Transfer and Payoff 163
Section E. Utilization. 164
Section F. Annual Leave Formula 165
Section G. Annual Leave Application and Scheduling 166
Section H. Birthday Leave. 168
Section I. Annual Leave Buy-Back 169
Section J. Emergency Use. 169
Section K. Additional Annual Leave. 169
Section L. Annual Leave Bank 170
Section M. Banked Leave Time. 171
ARTICLE 29 PAID SICK LEAVE 172
Section A. Allowance. 172
Section B. Sick Leave Utilization. 172
Section C. Disability Payment 174
Section D. Accumulation and Payoff 175
Section E. Proof 176
Section F. Return to (and continued) Service. 176
Section G. Transfer 177
ARTICLE 30 STATE-SPONSORED GROUP INSURANCE 178
Group Insurances 178
Section A. Enrollment 178
Section B. Health Insurance 179
Section C. Dental Expense Plan. 184
Section D. Vision Care Insurance. 188
Section E. Long Term Disability Insurance. 190
Section F. Life Insurance 190
Section G. Continuation of Group Insurances 192
Section H. Group Auto and Homeowners Plan 194
Section I. Voluntary Benefits 194
Section J. Flexible Spending Accounts (FSAs). 194
Section K. Labor Management Healthcare Committee 194
ARTICLE 31 SHIFT DIFFERENTIAL 195
ARTICLE 32 TRAVEL EXPENSE REIMBURSEMENT 196
Section A. Travel on State Business 196
Section B. Meal Reimbursement Eligibility and Meals Without Charge. 196
Section C. Mobilization. 198
Section D. Relocation Expense Reimbursement 199
ARTICLE 33 COMPENSATION POLICY UNDER CONDITIONS
OF GENERAL EMERGENCY 202
Section A. General Emergency 202
Section B. Administrative Determination. 202
Section C. Compensation in Situation of Closure 202
Section D. Compensation in Situation of Inaccessibility 203
Section E. Additional Timekeeping Procedures 203
ARTICLE 34 PRE-SHIFT MEETINGS 204
ARTICLE 35 DEFERRED COMPENSATION 205
ARTICLE 36 TUITION REIMBURSEMENT 206
ARTICLE 37 PHYSICAL STANDARDS AND FITNESS INCENTIVE PROGRAM 208
Section A. Standards and Performance. 208
Section B. Eligibility 209
Section C. Attendance Incentive Payment 209
Section D. Physical Incentive Payment 210
Section E. Proration. 210
Section F. Payment Date 210
ARTICLE 38 ENTIRE AGREEMENT 211
ARTICLE 39 DURATION AND TERMINATION OF AGREEMENT 211
APPENDIX A EMPLOYING DEPARTMENTS AND AGENCIES
WITH CORRESPONDING LOCAL 526M CHAPTERS 000
XXXXXXXX X 000
XXXXXXXX X 000
XXXXXXXX C-1 217
APPENDIX C-2 218
APPENDIX D ARTICLE 15, PART B—DEPARTMENT OF CORRECTIONS BID ASSIGNMENTS 000
XXXXXXXX X ARTICLE 15, PART B—DEPARTMENT OF
HEALTH AND HUMAN SERVICES BID ASSIGNMENTS 000
XXXXXXXX X 000
XXXXXXXX G DENTAL CHART 237
APPENDIX H VISION CHART 239
LETTER OF AGREEMENT #1 PRE-SCHEDULED TRANSPORTATION RUNS—DEPARTMENT OF CORRECTIONS 243
LETTER OF AGREEMENT #2 ARTICLE 28—ANNUAL LEAVE DONATION 244
LETTER OF INTENT #1 CORRECTIONS TRANSPORTATION OFFICERS 245
LETTER OF INTENT #2 PAY STATEMENTS 246
LETTER OF INTENT #3 ARTICLE 9, SECTION C. GRIEVANCE PROCEDURE FOR CORRECTIONS TRANSPORTATION OFFICER (CTOS) IN CORRECTIONAL FACILITIES ADMINISTRATION (CFA) 247
LETTER OF UNDERSTANDING #1 COMMERCIAL DRIVER LICENSE 248
LETTER OF UNDERSTANDING #2 LIGHT DUTY ASSIGNMENTS—WORKING OUT OF CLASS—
LIMITED TERM APPOINTMENTS 250
LETTER OF UNDERSTANDING #3 IMPLEMENTATION OF THE FEDERAL FAMILY AND MEDICAL LEAVE ACT 251
LETTER OF UNDERSTANDING #4 IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE
TESTING ACT & REGULATIONS 000
XXXXXX XX XXXXXXXXXXXXX #0 XXXXXXXXX XX
POLITICAL EDUCATION 260
LETTER OF UNDERSTANDING #6 ARTICLE 16, SECTION I.— MEAL PERIODS 260
LETTER OF UNDERSTANDING #7 BANKED LEAVE TIME PROGRAM 260
LETTER OF UNDERSTANDING #8 ARTICLE 12, SECTION N.— DRUG AND ALCOHOL TESTING 262
LETTER OF UNDERSTANDING #9 NEOGOV 263
LETTER OF UNDERSTANDING #10 JOINT HEALTHCARE COMMITTEE 263
LETTER OF UNDERSTANDING #11 NEW SOLUTIONS COMMITTEE 264
LETTER OF UNDERSTANDING # 12 ARTICLE 5 - UNION
DUES AND FEES 000
XXXXXX XX XXXXXXXXXXXXX #00 12-HOUR SHIFTS 266
LETTER OF UNDERSTANDING #14 268
LETTER OF UNDERSTANDING #15 FEDERAL EXCISE TAX IMPLICATIONS 000
XXXXXX XX XXXXXXXXXXXXX #00 XXXXXXXX –
ARTICLE 30 270
This working Agreement is an expression of the mutual confidence and understanding existing between the Michigan Corrections Organization, Service Employees International Union, Local 526M, Change to Win (CTW), and the State of Michigan. It is a framework which defines the rules, rights, and obligations affecting the relationship of the parties in their daily association, one with the other. It recognizes the importance of the principle of honesty, purpose, and the dignity of the individual.
It should be studied carefully so that all who are affected by it know what is expected of the worker and what is expected of management. Cooperative attitudes and cooperative actions make for the kind of teamwork which is essential to the success of our Labor/Management partnership.
It is intended that both parties in signing this contract have each pledged their solemn effort to making it work and produce for the betterment of the interests of all concerned.
ARTICLE 1 PREAMBLE AND PURPOSE
This Agreement is made and entered into by and between the State of Michigan and its principal Departments and Agencies (hereinafter referred to as the "Employer"), through the Office of the State Employer, and the Michigan Corrections Organization, Service Employees International Union, Local 526M, CTW, as exclusive representative of employees employed by the State of Michigan (as set forth specifically in the recognition clause) hereinafter referred to as the "Union".
It is the purpose and intent of the parties hereto that this Agreement:
1. Implements the provisions of the Civil Service Rules and Regulations, as explicitly waived, amended, or superseded by the Civil Service Commission or other appropriate authority;
2. Promotes harmonious relations between the Employer and the Union;
3. Provides for an equitable and peaceful procedure for the resolution of differences over matters addressed herein;
4. Establishes conditions of employment which are subject to good faith negotiations between the parties;
5. Recognizes the continuing joint responsibility of the parties to provide efficient services to the public.
The Agencies and Departments, and the corresponding Chapters of the Union, are set forth in Appendix A of this Agreement. Additions or deletions to such schedule may be made by either party.
This Article shall not be the subject of a grievance except when cited in conjunction with another Article of this Agreement.
ARTICLE 2 RECOGNITION
The Employer recognizes the Union as the exclusive representative, certified by the State Personnel Director, on July 20, 1979, and on September 21, 1984 for the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of employment as defined by the Civil Service Rules and Regulations for those employees in the Security Unit as listed below:
Corrections Medical Officer 8
Corrections Medical Officer E9
Corrections Medical Unit Officer E10
Corrections Officer 8
Corrections Officer E9
Corrections Officer Non Career
Corrections Resident Representative E10
Corrections Security Representative E10
Corrections Transportation Officer E10
Forensic Security Assistant 8
Forensic Security Assistant 9
Forensic Security Assistant E10
Resident Unit Officer 10
Special Alternative Incarceration Officer 9
Special Alternative Incarceration Officer E10
All employees holding positions in classifications designated above shall be covered by the provisions of this Agreement, except as otherwise provided. The Resident Unit Officer 10 classification was abolished in 2015 however it remains included in this Agreement for reference. Employees working in managerial, supervisory, or confidential positions are excluded.
This Agreement shall not automatically cover other classifications that may be assigned to the Security Unit by the State Personnel Director after the effective date of this Agreement, unless the incumbents in such newly assigned classification are already covered by this Agreement, or unless the parties expressly agree to such coverage during the term of this Agreement. The Union shall have the right to negotiate the wages, hours, and other terms and conditions of employment, which are proper subjects of bargaining, for newly assigned classifications to which these contract terms are not automatically applicable pursuant to the above.
The parties will review all abolishments of existing Bargaining Unit classifications as well as all new classifications consisting of a significant part of the duties of existing Bargaining Unit classifications. The Employer shall not request that such positions be reclassified, reallocated, or retitled for the sole purpose of removing them from the Bargaining Unit except upon agreement of the Union, nor for the purpose of undermining the status of the Union as exclusive bargaining agent.
Nothing herein shall prohibit downgrading a position for training because a register of certified candidates for the higher level is unavailable. The provisions of this Agreement shall no longer apply to an employee in such position when it is returned to the level outside the Bargaining Unit from which it was downgraded.
Nothing herein shall prohibit either of the parties from exercising its unit clarification rights under the provisions of the Civil Service Rules and Regulations.
As provided in this Agreement, Bargaining Unit work will normally be performed by Bargaining Unit employees and the Employer will not assign work for the sole purpose of reducing or eroding the Bargaining Unit. Consistent with Article 4, Section 1., the State may continue to assign tasks performed in part by Bargaining Unit members to persons outside the Bargaining Unit where such assignment is an ongoing customary practice at that work location, or is due to improvements in work routines or systems, technological innovations, or similar efficiency measures, but shall not be done for the purpose of undermining the status of the Union as exclusive bargaining agent.
The Employer may utilize intern programs, work experience programs, resident programs, volunteer programs, and/or seasonal programs of the kind currently employed in facilities in this Bargaining Unit. The primary purpose of such programs shall be to supplement ongoing activities or to provide training opportunities. Non-employee participants in such programs shall not be used to avoid recall of Bargaining Unit employees on layoff.
The Employer recognizes that the integrity of the Bargaining Unit is of significant concern to the Union. In accordance with Section A. of Article 14 (Layoff and Recall Procedure), the Employer shall inform the Union of the economic or programmatic reasons for changes in work routines or systems that result in layoff or attrition of positions.
Effective January 1, 2016 the Civil Service Commission rule regarding working out of class was modified, and as a result language was removed from this Article of the collective bargaining agreement. Disputes regarding working out of class may be raised to Civil Service through the appeals process established in Civil Service Rules and Regulations. The Employer recognizes that the integrity of the Bargaining Unit is of significant concern to the Union and will, consistent with available resources, attempt to maintain that integrity.
The Employer agrees and shall cause its designated agents not to aid, promote, or finance any other labor or employee organization which purports to engage in employee representation of employees in this Bargaining Unit, or make any agreements with any such group or organization for the purpose of undermining the Union. Nothing contained herein shall be construed to prevent any authorized representative of the Employer from meeting with any professional or citizen organization for the purpose of hearing its views, except that as to matters presented by such organizations which are mandatory subjects of negotiation, any changes or modifications shall be made only through negotiations with the Union.
Nothing contained herein shall be construed to prevent any individual employee from (1) discussing any matter with the Employer and/or supervisors, or (2) processing a grievance in his/her own behalf in accordance with the grievance procedure provided herein.
ARTICLE 3 DEFINITIONS
For purposes of this Agreement, the Appointing Authority shall be defined as the single Executive heading a principal Department or those persons designated by them as being authorized and responsible to administer personnel and labor relations functions of the Department.
Work location shall be defined as all the premises of a Department in a county, except that each of the following shall be considered a separate work location:
A building or group of buildings which constitute a facility, correction center, or camp in the Department of Health and Human Services or the Department of Corrections.
It is understood that each of the agencies listed in Appendix A of this Agreement is a separate work location. It is also understood that, except as may be agreed differently between the Department of Corrections and the Union:
CMOs and CMUOs at Xxxxx Xxxxxx Health Center are a work location separate from the Xxxxxx Facility work location.
The term "probationary employee" as used in this Agreement relates to all employees who have not satisfactorily completed the required initial probationary period of hours worked in the state classified service, except as otherwise specified.
As used in this Agreement, "Secondary Negotiations" is recognized as having that meaning provided in the Civil Service Rules and Regulations. No secondary negotiations on any subject shall take place except as specifically authorized by an Article of this (Primary) Agreement, or by mutual agreement of the Union and the Office of the State Employer. It is understood that no provision of a secondary agreement shall take precedence over any provision of this (Primary) Agreement.
Any agreements reached in secondary negotiations shall not be final or enforceable unless and until approved by the Office of the State Employer, the Union, and the Civil Service Commission. Secondary agreements shall terminate simultaneously with this (Primary) Agreement unless extended by mutual agreement of the parties and approved by the Civil Service Commission. Should the parties fail to agree on any subject referred to or permitted in secondary negotiations by this Agreement or the mutual agreement of the Union and the Office of the State Employer, such subjects may be submitted to Impasse resolution procedures as provided in the Civil Service Rules and Regulations.
As used in this Agreement, a Letter of Understanding is a written understanding and/or agreement entered into between the Union and the Office of the State Employer and approved by the Civil Service Commission which interprets, applies, supplements, modifies or amends one or more provisions of Civil Service Rules and Regulations (the subject matter of which is not a prohibited subject of bargaining), this Agreement or a secondary agreement; they are enforceable only as to their terms. Local agreements (such as mutually approved minutes of labor/management meetings), while instructive as to those
parties wishes, expectations, and intent, are not Letters of Understanding.
ARTICLE 4 MANAGEMENT RIGHTS
It is understood and agreed by the parties that the Employer possesses the sole power, duty and right to operate and manage its departments, agencies and programs and carry out constitutional, statutory and administrative policy mandates and goals.
The powers, authority and discretion necessary for the Employer to exercise its rights and carry out its responsibilities shall be limited only by the express terms of this Agreement but subject to applicable Civil Service Rules. Any term or condition of employment other than the wages, benefits and other terms and conditions of employment specifically established, continued or modified by this Agreement shall remain solely within the discretion of the Employer to determine, modify, establish or eliminate.
Management rights include, but are not limited to, the right, without engaging in negotiations, to:
1. Determine matters of managerial policy; mission of the agency; budget; the method, means and personnel by which the Employer's operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign or transfer employees; discipline employees for just cause; and in cases of temporary emergency, to take whatever action is necessary to carry out the agency's mission. However, if such determinations alter conditions of employment to produce substantial adverse impact upon employees, the modification and remedy of such resulting impact from changes in conditions of employment shall be subject to negotiation requirements. Such negotiations shall not be required where the action of the Employer is in compliance with another Article of this Agreement. However, this shall not preclude the parties from discussing issues and mutually agreeing on the method and/or means of implementing the provisions of this Agreement.
2. Utilize personnel, methods and means in the most appropriate and efficient manner as determined by the Employer.
3. Determine the size and composition of the work force, direct the work of the employees, determine the amount and type of work needed and, in accordance with such determination, relieve employees from duty because of lack of funds or lack of work.
4. Make work rules which regulate performance, conduct, and safety and health of employees, provided that changes in such work rules shall be reduced to writing and furnished to MCO for its information as soon as possible, but prior to their implementation.
5. Such other rights normally consistent with the Employer's duty to furnish State services.
It is agreed by the parties that none of the management rights noted above or any other management rights shall be subjects of negotiation during the terms of this Agreement; provided, however, that such rights must be exercised consistently with the other provisions of this Agreement. Any claim or complaint by the Union of failure or refusal of the Employer to bargain in good faith over the modification and remedy of a substantial adverse impact from a change in a condition of employment shall be subject exclusively to the procedures of the Civil Service Rules and Regulations.
The parties recognize that prohibited subjects of bargaining have been, and during the term of this Agreement will continue to be, defined exclusively by the Civil Service Commission; that nothing herein is intended to regulate or interpret matters determined currently or in the future by the Civil Service Commission to be prohibited subjects of bargaining; and that the Civil Service Commission has the sole and exclusive jurisdiction to regulate and interpret prohibited subjects of bargaining.
ARTICLE 5 UNION DUES and FEES
To the extent permitted by the Civil Service Rules and Regulations, it is agreed that:
Upon receipt of a completed and signed authorization from any of its employees covered by this Agreement, the Employer agrees to deduct from the pay due such employee those dues required as the employee's membership in the Union.
Such authorization shall be effective only as to membership dues becoming due after the delivery date of such authorization to the Personnel Office of the employee's Appointing Authority. New individual authorizations will be submitted on or before the 9th day of any pay period for deduction the following pay period. Deductions shall be made only when the employee has sufficient earnings to cover same after deductions for Federal Social Security (FICA); individually authorized deferred compensation; Federal Income Tax; state income tax, local or city income tax; other legally required deductions; individually authorized participation in state programs; and enrolled employee's share of insurance premiums, if any. Membership dues deductions shall be in such amount as shall be certified to the Employer in writing by the authorized representative of the Union.
Such authorizations of employees transferred within the Bargaining Unit from one payroll office to another within the Department, or from one Department to another, shall not be canceled as a result of such transfer within the Bargaining Unit. When an employee returns from a leave of absence, layoff of less than 180 days, or temporary promotion, the authorization shall be reactivated without further action on the part of the employee. An authorization of an employee who is permanently appointed to a position outside the Bargaining Unit shall be canceled and no longer honored upon the effective date of such movement outside the Bargaining Unit.
Upon written notification and documentation provided by the Union, the Employer will collect any delinquent dues or voluntary representation fees in accordance with any payment schedule that may have been agreed upon by the employee and the Union.
Such membership dues or voluntary representation fee deduction authorization may be revoked by the employee at any time by furnishing written notice of such revocation to the Personnel Office of the employee's payroll center or upon expulsion from membership by
the Union. The Employer shall forward such notice to the Union within 14 calendar days.
All employees covered by this Agreement who have submitted a valid individual voluntary Membership Dues Deduction or Voluntary Representation Fee Authorization Form to the Employer shall honor such authorization until exercising their opportunity to terminate the authorization.
An employee may choose to pay a voluntary representation fee to the Union, if one is available. Such voluntary representation fee shall be paid in an amount not to exceed regular bi-weekly dues uniformly assessed against all members of the Union, representing only the employee’s proportionate share of the Union’s cost germane to collective bargaining, contract administration, grievance administration, and any other cost necessarily or reasonably incurred for the purpose of performing the duties of an exclusive representative of the employees in dealing with the employer on labor-management issues. Such voluntary representation fee payment shall be fulfilled by the employee signing, dating and submitting to the Employer the Authorization for Voluntary “Deduction of Representation Fee” form. This Section shall not take effect until the Union notifies the Employer in writing of the amount of this voluntary representation fee. Such notification may be made on or after the effective date of this Agreement.
Deductions for any biweekly pay period shall be remitted to the designated Union official of MCO, SEIU Local 526-M, CTW, with an alphabetical list of names, by Department and Agency, of all active employees from whom deductions have been made, and the amount deducted, indicating whether it represents union dues or voluntary representation fee, no later than ten calendar days after the close of the pay period of deduction.
The parties understand and agree that the provisions set forth in Article 5 shall only be applied in accordance with applicable law.
Section G. Bargaining Unit Information Provided to the Union. The Employer agrees to furnish a biweekly transaction report to the Union in electronic form, listing employees in this unit who are hired, rehired, reinstated, transferred into or out of the Bargaining Unit, transferred between agencies and/or departments, promoted, reclassified, downgraded, placed on leaves of absence of any type including disability, placed on layoff, recalled from layoff, separated (including retirement), added to or deleted from the Bargaining Unit, or who have made any changes in Union deductions. This report shall include the employee's name, identification number, employee status code (appointment type), job code description (class/level), personnel action and reason, effective start and end dates, and process level (department/agency).
The Employer will provide a biweekly demographic report to the Union in electronic form, containing the following information for each employee in the Bargaining Unit: the employee's name, identification number, xxxxxx xxxxxxx, xxxx, xxxxx, zip code, telephone number if recorded in HRMN, job code, sex, race, birth date, hire date, process level (department/agency), TKU, Union deduction code, deduction amount, employee status code (appointment type), position code (position type), leave of absence/layoff effective date, continuous service hours, county code, worksite code, unit code and hourly rate.
The parties agree that this provision is subject to any prohibition imposed upon the employer by courts of competent jurisdiction.
ARTICLE 6 UNION RIGHTS
The Employer agrees to maintain space for Union bulletin boards under the conditions upon which it was previously established to enable employees of the Bargaining Unit to see materials posted thereon by the Union. The size of new bulletin boards will normally be not more than eight square feet. Additions and/or changes to bulletin boards at currently existing work locations, and their location at newly opened facilities, may be established in local Labor-Management meetings, or, if necessary, secondary negotiations. In the event new
bulletin boards are mutually agreed upon, the Union shall pay 100% of the materials and installation cost of such new boards.
All materials shall be signed, dated and posted by the President of the Local Chapter or his/her designee. Materials originally prepared by MCO or the Chapter shall be provided upon posting to the warden, facility director, or designee.
No partisan political literature, nor materials ridiculing individuals by name or obvious direct reference, or defamatory to the Employer or the Union shall be posted. The bulletin boards shall be maintained by the President of the Local Chapter or his/her designee, and shall be for the sole and exclusive use of the Union.
The employing Departments agree to continue current practices regarding use of the State Mail System for grievance administration, subject to any modifications in such practice as may be required in accordance with Article 9.
The Employer shall be held harmless for the delivery and security of such distributions, including mailings directed to local Union officials from outside the Agency.
No partisan political literature, nor materials ridiculing individuals by name or obvious direct reference, or defamatory to the Employer or the Union, shall be distributed.
At the Department of Health and Human Services Center for Forensic Psychiatry, the Agency will supply the Union with a mail box, the structure and location of which shall be the same as other mail boxes at the Agency. The Agency will also provide a distribution tray immediately adjacent to the Union bulletin board to facilitate the distribution of bulk mail.
In the Department of Corrections, bulk distribution of Union material will be allowed at each work location. Distribution methods and locations may be discussed in Labor-Management meetings. The Union will be entitled to either a shelf or a receptacle with the capacity to hold a sufficient supply of legal size paper to distribute bulk materials. If requested, such shelf or receptacle will be constructed and mounted by the Department. The Union will reimburse the Department for the cost of the materials and labor for construction only. Such
receptacle shall be next to employee time clock or the Union bulletin board.
Department of Corrections work locations shall accept mail addressed to authorized Union officials delivered through U.S. Mail or the United Parcel Service. Union mail subject to security policies will be opened and inspected in the presence of a designated Union official.
The Employer agrees to furnish to new employees of the Bargaining Unit, including employees transferring in and returning from a formal leave of absence, a packet of informational materials supplied to the Employer by the Union. The Employer retains the right to review the material supplied and to distribute materials informing the employees of their rights, obligations, and benefits under this Agreement, Dues and Service Fee Authorization Cards, Union officials' names and jurisdictions, and materials concerning MCO and its affiliations.
During the first week of orientation of new employees, the Union shall be given an opportunity to introduce (or have introduced) a Representative(s) who may speak briefly (normally 20 minutes to 1 hour) to describe the Union's office location, participation in negotiations and general interest, rights, policies and obligations in representing employees. At least one Employer Representative may attend said presentation as an observer, but shall not participate in and/or interfere with the Union presentation. No partisan political material, nor materials ridiculing individuals by name or obvious direct reference or defamatory to the Employer shall be contained in such presentation. Violation of this prohibition shall be cause for suspension and/or revocation of this right by the Employer.
Upon request and subject to supervisory approval, a Local Union representative shall be given the opportunity to meet with the new employees on their shift(s) for up to 30 minutes. The meeting will occur within the first week of their initial assignment to a facility or an agreed upon alternate week. Such a meeting may also take place where bargaining unit members are assigned to a new facility as a result of a closure, reorganization or consolidation of facilities. No overtime or equivalent time off shall be authorized.
Subject to its availability, the Employer agrees to provide reasonable office space to the Union readily accessible to employees at work locations with 50 or more Bargaining Unit employees. Current office space locations will be maintained under the conditions upon which they were previously established. However, changes to and/or addition of office space at currently existing work locations and designation of locations at newly opened facilities, shall be discussed and may be established in local Labor-Management meetings, or, if necessary, secondary negotiations. Such office space shall be for the sole and exclusive use of the Union, and shall be provided without lease or charge, excluding telephone, unless required by applicable statute. Access and security will be in accordance with the rules of the local authority. Stewards, Chief Stewards, and Chapter Officers shall be allowed access to the office space during their duty or off-duty hours as applicable, but will be required to comply with Employer's established security procedures.
Satisfactory usage and reimbursement arrangements will be made at the facility to permit Union officials at the facility to use photocopying equipment.
No partisan political activity shall be conducted in such facilities, and no partisan political literature or material ridiculing individuals by name or obvious direct reference or defamatory to the Employer, shall be prepared in or distributed from such facilities.
The Employer reserves the right to withdraw approval for the Union's use of such office space, upon 30 calendar days written notice to the Union, only due to operational requirements, failure to pay statutorily required charges, misuse by the Union or its Agents, or interference with state operations.
Where approval has been withdrawn due to operational requirements, and in areas where the Union is not currently occupying office space accessible to Bargaining Unit employees, Departments or Agencies will make good faith efforts to locate and furnish alternative office space which affords the Union reasonable geographic access to the largest feasible number of Bargaining Unit employees.
The availability, location, type, size and amount of office space provided to the Union shall not be subject to the grievance procedure,
but an allegation that approval for use was withdrawn without cause may be grieved.
The Union agrees to indemnify and hold harmless the Employer (the State, any of its departments, agencies, officers, employees or agents) against any and all claims, suits, orders, judgments, attorney fees and costs brought or issued against the Employer arising out of the Union's occupying office space under this Article.
The Employer agrees to furnish state conference and meeting rooms for Union meetings upon prior request of the Union, subject to approval by the appropriate local Employer Representative. Such approval shall not be arbitrarily withheld. Such facilities shall be furnished without charge to the Union. Union meetings on State premises shall be governed by operational and/or security considerations of the local authority.
The Employer agrees to publish the telephone number and business address of the Union in the State of Michigan telephone directory.
The Employer agrees that non-employee staff representatives, and elected or appointed Union officials, shall be permitted access to the premises of the Employer during normal working hours upon advance or concurrent notice to the appropriate Employer Representative. Access shall be for purposes such as, but not limited to, participating in Labor-Management meetings, attending grievance conferences scheduled by the Employer, touring the facility or required administration of this Agreement. Meetings for interviewing grievants or for other reasons related to the administration of this Agreement will normally be held in non-security, non-work areas. Access during other than normal business office hours shall only be upon advance notice and approval, but such approval shall not be unreasonably denied.
The Union agrees that such access shall be subject to operational or security measures established and enforced by the Employer, and shall not interfere with the assigned work duties of an employee.
The Employer reserves the right to designate a private meeting place whenever possible or to provide a representative to accompany the Union officer or representative where operational or security considerations do not permit unaccompanied Union access. However, this provision shall not be construed to prevent Union access to lobby areas or to areas open to the general public. The Employer or its agents shall not interfere with any of the access rights outlined above. The Employer expressly reserves the right to limit the number of representatives permitted on the premises at any one time, and to suspend such access when necessary to maintain order and control in the work place, and during emergencies or mobilizations.
Access authorized by this Section shall be expedited wherever possible.
Union staff members will be issued temporary identification cards for use at all Correctional facilities covered by this Agreement. Such identification shall be valid for not more than the effective life of this contract. Such identification shall be relinquished upon the termination of employment with MCO or upon the request of the Departmental Director or designee. The bearer of such identification shall be responsible for complying with sign-in and escort regulations.
UNION BUSINESS AND ACTIVITIES
To the extent that absence from work does not substantially interfere with the Employer's operations, properly designated Union representatives, regardless of shift assignment, shall be allowed time off without pay for legitimate Union business such as Union meetings, Union Executive Board or Executive Council Meetings, state or area- wide Union committee meetings, state or international SEIU or CTW meetings or conventions; the period of release without pay shall include the time for actual attendance, as well as necessary travel time to and from the function.
1. Notification to the Employer for Use of Leave. Except as may be mutually agreed to on a case by case basis, the Union President or
his/her designee shall provide notice containing the name, Agency and Chapter of employees designated to attend such functions at least four business days in advance of the date(s) the employee will be taking time off for Union business. For purposes of this Article, business days are defined as Monday through Friday, excluding holidays. The parties understand that unusual circumstances may arise where leave is requested without the required notice, and agree to work to resolve any issues where possible. The written notice shall be provided to the Department Labor Relations Manager or designee for distribution.
No employee shall be entitled to be released, and the Employer is under no obligation to permit repurchase of annual leave pursuant to these provisions, unless designated by the Union President or his/her designee as provided above.
2. Use of Leave Credits. The employee may utilize any accumulated leave time (compensatory, deferred hours, annual,) in lieu of taking such time off without pay. Such time off shall not be detrimental in any way to the employee's record. When the employee elects to utilize annual leave credits, the employee may "buy back" such credits without limitation or restriction subject to the following regulations:
a. Employees shall be permitted annual leave absence from work for such Union business up to a maximum of their accrued credits.
b. The employee/Union may reinstate such expended credits used in the previous six months by payment to the Department at the employee's gross salary and the Employer’s share of the employee’s insurance premiums. This provision shall be administered in compliance with applicable tax statutes.
c. Except as may be mutually agreed otherwise on a case-by-case basis, employees/Union shall be allowed to exercise the option of reinstating annual leave for employees at the end of each fiscal year quarter. The required check to "buy-back" the last quarter shall be submitted no later than August 30th. If the annual leave used for Union business causes the employee’s annual leave accruals to be insufficient to cover previously approved
annual leave, the employee/Union will be allowed to pay for such reinstatement anytime during the quarter.
The Union agrees to furnish the Employer the name of the President's designee, in writing, within 30 calendar days following the effective date, or date of approval, of this Agreement, whichever occurs first.
Employees who have been granted leave without pay shall not continue to earn annual leave, sick leave and length of service credits for such unpaid leave. The parties agree to minimize time lost from work.
The Union will furnish to the Office of the State Employer in writing the names, Departments and Chapters of members of the Union's Executive Council within five days after the designation of such members, or as soon thereafter as practicable. Notification of any changes in membership of the Executive Council shall be made in writing to the Office of the State Employer within five days after such change.
Members of the Executive Council (not to exceed a total of two from any facility, or three if mutually agreed on a case by case basis) of whose designation the Employer has been properly notified shall be granted time off without loss of pay, pursuant to Section E. of this Article, to attend meetings of the Executive Council.
Except as specifically provided by other Articles of this Agreement, employees shall be allowed time off without loss of pay during working hours to attend grievance conferences and arbitration hearings, Labor- Management meetings, disciplinary conferences, meetings of committees if such committees have been established by this Agreement, or meetings called or agreed to by the Employer; such paid time off shall include necessary and reasonable travel time to and from the function when it occurs away from the employee’s work location as provided in other applicable articles of this Agreement. Such leave shall be limited to employees who are entitled by the provisions of this
Agreement to attend such meetings by virtue of being Union Representatives, Stewards, witnesses and/or grievants.
The departmental employer will honor directives issued by the Civil Service Commission concerning administrative leave for required attendance at meetings and hearings called and conducted by the Civil Service Commission. Leave granted under this Section shall not be charged to the Union's Administrative Leave Bank established in Section E. below. If an employee is not released to attend such meetings in accordance with the provisions of this Agreement or in the case of a justified emergency as claimed by the Appointing Authority, the Union may request the appropriate authority to postpone and reschedule such meeting. In those cases where the Union makes such request, the Employer shall grant or concur in such request.
Subject to the operational needs of the Employer and with adequate prior notice to the departmental employer, employees in this Bargaining Unit designated in accordance with the provisions below shall be permitted time off without loss of pay to attend MCO Executive Board Meetings, Executive Council meetings, Union Conventions and/or Schools, or other valid Union business, subject to the following conditions:
1. An Administrative Leave Bank is established based on one and two tenth’s (1.2) hours of Administrative Leave for each employee in the Bargaining Unit. Such bank shall be computed and established on the basis of the number of employees in the Bargaining Unit at the end of the pay period containing the Agreement effective date and shall be recomputed each year of this Agreement at the end of the first full pay period in January.
2. At the discretion of the Union, such administrative leave may be used in place of the Union Administrative Leave of Absence in Section G. below. Administrative Leave Bank hours which will not be used for a Union Administrative Leave of Absence shall be allocated and distributed among Departments in proportion to the percentage which Bargaining Unit members at each represents to the entire Bargaining Unit.
3. Such Administrative Leave may be used within the contract year in which it was granted with any remaining hours carried forward from one year to another.
4. Such Administrative Leave shall be granted in two hour increments.
5. Upon the written request of the Union President or his/her designee, such Administrative Leave may be used for the annual leave buy- back authorized in Section A above. In such circumstance, the annual leave balance of the employee, if otherwise eligible for annual leave buy-back, shall be re-credited with the number of hours previously authorized for buy-back, and the Administrative Leave Bank shall be charged an equal number of hours.
Section F. Release and Utilization of Administrative Leave Bank. Except as may be mutually agreed to locally on a case by case basis, the Union President or his/her designee shall provide notice containing the name and Agency of employees designated or elected to attend such function at least four business days in advance of the date(s) the employee will be taking time off. Such notice shall be confirmed in writing to the named employee's Appointing Authority not later than the first Monday following the end of the pay period in which it was used.
No employee shall be entitled to be released and the Employer is under no obligation to grant such time off without loss of pay pursuant to these provisions, unless designated by the Union President or his/her designee as provided above.
Where an employee wishes to attend such function as listed above, and the employee desires a change in schedule with another employee capable of performing the work, the appropriate supervisor(s) will make a reasonable effort to approve the voluntary change of schedule between the two employees providing such a change will not result in overtime. Such approval shall not be arbitrarily withheld.
In the event the Administrative Leave Bank has been exhausted prior to the anniversary of any year, employees so designated may utilize annual leave in accordance with the provisions of Section A. above.
Subject to the provisions of this Section, up to two employees designated in writing by the Union President or Executive Director will
be granted a paid Union Administrative Leave of Absence. The Union shall indemnify the Employer for any and all liability arising out of any act or omission of the employee, and for any and all costs arising out of any injury, illness or disability to the employee which may be compensable under the State's Workers’ Compensation Act, during the term of the Leave of Absence.
During the period of the Leave of Absence, the employee's status for pay, benefits, insurance, retirement, FICA, and other benefits shall be treated as though the employee is working in full 80-hour pay status. However, the employee shall be considered as not subject to the direction and control of the Employer.
The Employer shall be entitled to establish reasonable limitations and conditions upon such leave and utilization of administrative leave from the bank established in Sections E and F to protect the integrity of and public confidence in the Departments' programs. The following limitations shall also apply to the leave of absence:
1. The Union Administrative Leave of Absence shall be in increments of consecutive full pay periods, or as otherwise may be agreed to by the parties.
2. Except as otherwise agreed by the parties, not more than one employee from any work location shall be entitled to be on such Leave of Absence at any given time.
Employees covered by this Agreement are entitled to be represented in the Grievance Procedure and for other purposes as provided in this Agreement, by a Xxxxxxx, Chief Xxxxxxx, or Chapter President. At the discretion and expense of the Union, an MCO Central Office Representative or Executive Board member may provide representation during grievance or disciplinary processes.
The Union is entitled to designate a reasonable number of Stewards and Chief Stewards in accordance with this Section. Stewards and Chief Stewards (and Alternate Stewards, if any) shall be employed or
on leave of absence from a position in the Bargaining Unit and shall be representatives for all employees in the Bargaining Unit within their respective jurisdictional area.
1. Chief Stewards: The Union shall be entitled to designate Chief Stewards for the purpose of providing grievance representation at Step 1 and higher steps in more complex or contract interpretation disputes and, where designated in accordance with Article 11 of this Agreement, to participate in Labor-Management Meetings. Chief Stewards have jurisdiction within the Bargaining Unit in their department as designated below except as mutually agreed to by the parties:
Facilities: One Chief Xxxxxxx per facility. DOC-FOA: Statewide: One Chief Xxxxxxx.
2. Stewards: The Union shall be entitled to designate a Xxxxxxx for each jurisdictional area of Bargaining Unit employment in the Xxxxxxx’x own Department as follows:
Facilities: One Xxxxxxx per shift at each Work Location with 125 or fewer Bargaining Unit positions and one additional Xxxxxxx for each
125 positions thereafter. The chapter shall determine the jurisdictional area for the additional Stewards except for those specifically designated below:
Xxxxxx Correctional Facility: One CMO/CMUO Xxxxxxx per shift at the Xxxxx Xxxxxx Health Center; one additional Xxxxxxx for the Transportation Unit.
DOC-FOA: One Xxxxxxx per Community Corrections Center or Residential Re-entry Program if staffed with Bargaining Unit employees. Additional Stewards, not to exceed one per shift, may be authorized in secondary negotiations.
Camps: One Xxxxxxx per Camp. Additional Stewards, not to exceed one per shift, may be authorized in secondary negotiations.
Unique Operations: As may be mutually agreed upon and documented by MCO Central and the Department.
12-Hour Pilot Facilities: One Xxxxxxx per platoon not to exceed a total of four per facility.
3. Alternate Stewards: The Union may also designate one alternate Xxxxxxx for each Xxxxxxx listed above. The alternate Xxxxxxx will have the same jurisdictional area as his/her Xxxxxxx, and will only be entitled to act as a representative during the absence of the Xxxxxxx from work.
4. Notice of Designation: The Union shall notify the Employer in writing of the names of the Stewards and Chief Stewards and Alternate Stewards, with their jurisdictional areas as described above, as soon as possible after the effective date of this Agreement. The Union shall promptly notify the Employer of any changes or additions to such list of designated Stewards and Chief Stewards as soon as they are made.
In the event the Employer has a concern about the Union's designations and/or jurisdictional areas, a representative of the Union and the Employer will meet in a Special Conference at the request of the Employer to resolve such concerns.
No Xxxxxxx, Chief Xxxxxxx or Chapter President shall leave work to engage in employee representation activities without first notifying and receiving authorization from his/her supervisor or designee. Such approval shall normally be granted and under no circumstances shall it be unreasonably denied. In the event that approval is not granted for the time requested by such designated representative and the representation activity is within his/her jurisdictional area, the Union, at its discretion, may either request that a different Union Representative be released for such purpose or that the matter be postponed and rescheduled. Such a request shall normally be granted and under no circumstances shall it be unreasonably denied. In making such request, the Union will provide timely representation so that the activity would not be unreasonably delayed.
The designated Representative shall not contact or interrupt the employee while at work without first notifying and receiving authorization from the employee's supervisor.
In the Department of Corrections Centers, the Employer shall not be obligated to release a Chief Xxxxxxx from duty for any grievance conference at Step One unless: (1) The designated Xxxxxxx at the Center at which the conference is being conducted cannot be released for operational reasons; and (2) such Center is within the Chief Xxxxxxx'x jurisdictional area.
The Employer shall not be obligated to release a Xxxxxxx, Chief Xxxxxxx or Chapter President for any grievance or disciplinary conference if the employee is being represented in such grievance or disciplinary conference by a Union Staff Representative.
At its discretion, and on a case by case basis, the Union may designate an MCO Executive Council member to act in lieu of the Chief Xxxxxxx. In such circumstances, the MCO Executive Council member shall be entitled to enjoy the same rights and privileges as provided herein for the Chief Xxxxxxx, if the MCO Executive Council member is employed in this Bargaining Unit. At its discretion, the Union may also designate the Executive Council Member as the regular Chief Xxxxxxx.
Release from work authorized in accordance with this Article shall be without loss of pay.
An employee shall be entitled to Union representation as provided for in this Agreement.
Employees covered by this Agreement will be represented in primary and secondary level negotiations conducted during the term of this Agreement in accordance with this Section.
1. Primary Negotiations. The Union will designate a primary-level negotiation team who, if state employees, shall be employed or on leave of absence from a position in this Bargaining Unit. By mutual agreement between the parties to such primary negotiations, the Union may designate up to seven alternates who are employed in this Bargaining Unit to participate in such negotiations based upon the issues scheduled on the negotiations agenda.
2. Secondary Negotiations. In the Department of Corrections, the Union shall be entitled to designate up to seven secondary
negotiation team members; in the Department of Health and Human Services, the Union shall be entitled to designate up to three secondary negotiation team members. Secondary level negotiation team members shall be employed or on leave of absence from a position in this Unit in the Department to which such secondary negotiations pertain.
3. Pay for Union Negotiation Committees. Not more than 12 primary level negotiation team members, and not more than seven Department of Corrections and not more than three Department of Health and Human Services Secondary Negotiation Team Members, shall normally be entitled to be released from scheduled work to participate in negotiations.
Such release shall normally be granted and under no circumstances shall unreasonably be denied. Such employees shall lose no normal pay, benefits, or leave credits while attending mutually scheduled negotiation meetings, provided that in primary negotiations not more than one employee from any facility; and two from any facility at which a Statewide Executive Board member is employed shall be entitled to be released from work to attend such negotiations without loss of pay, benefits, or leave credits. Overtime, travel time and travel expenses are not authorized. For purposes of this Section, properly designated Union representatives from the afternoon or night shifts shall be permitted an equivalent amount of time off from scheduled work on the upcoming or previous shift.
In the Department of Corrections and the Department of Health and Human Services, Chapter Presidents, Chief Stewards, and MCO State Executive Board members (if employed in the Bargaining Unit) will be granted superseniority for the purpose of selecting the shifts and days off (where appropriate) that would be the most convenient for such Union official to have the necessary contact with management or in order to carry out responsibilities under this Agreement. Work crew leader and transportation positions shall be exempt from this superseniority provision, although nothing shall preclude Union officials from using their actual seniority to attain such positions. This selection will be made on the basis of the first available opening after the Union official properly makes his/her selection known under Parts
A and C of Article 15. The 30-day waiting period provided for in Article 15 shall not apply.
A Union official who uses superseniority for shift transfer or days off shall remain on the shift transfer list for that shift or days off. If the Union official then qualifies to stay on that shift or days by virtue of actual seniority, he or she shall be considered to have successfully bid for that assignment at the end of his or her term of office. A Union official who leaves office without qualifying by actual seniority to remain on the shift or days off shall move to the shift (or days off, where appropriate) that they came from prior to entering office, or other shift or days off which their seniority qualifies them for upon the first available opening (provided they are properly on the list for transfer under Article 15, Parts A and C). Nothing in this article shall preclude such Union officials from bidding on a preferred shift using the shift transfer list provided for in Article 15, based upon their actual seniority.
Difficulties in administering this Section will be addressed and resolved in local Labor-Management meetings.
ARTICLE 9 GRIEVANCE PROCEDURE
A grievance is defined as a written complaint alleging there has been a violation, misinterpretation or misapplication of any provision of this Agreement; alleging a violation of any condition of employment established or continued in this Agreement, or in any Employer rule, policy, law, procedure, or regulation, if such condition of employment is a mandatory subject of bargaining under the Civil Service Rules and Regulations; or a claim of discipline without just cause. Nothing shall prohibit the grievant from contending that the alleged violation arises out of an existing mutually accepted past practice pertaining to a condition of employment which is or would have been a mandatory subject of bargaining. A claim concerning an appointment to a position outside this Unit is not a grievance under this Agreement.
The parties recognize and affirm that the premise upon which the Security Unit contractual grievance procedure is predicated is the mutual good faith and commitment by both the Union and the Employer
to determine, process, discuss, answer and, as appropriate, adjust and resolve all grievances promptly and within the parties' scope of authority. Implicit in this affirmation is the mutual duty of representatives of the Union and the Employer to make a sincere and determined effort to settle meritorious grievances, and to keep the grievance procedure free from non-meritorious grievances.
It is understood that officials designated respectively by the Union and the Employer to represent them at the various steps of the grievance procedure shall have the full authority to adjust grievances in accordance with the terms of the approved collective bargaining contract, and will be held accountable for exercising such authority in good faith. It is also understood that contractual grievance settlements and decisions entered at advanced steps in the grievance procedure will be implemented by the agency and Union officials involved in a prompt and thorough manner, and within the scope of authority delegated to them.
The grievance procedure provided herein, including the supplemental process appended to this Article, is the exclusive procedure of the parties and supersedes any previous procedure. The premises upon which this procedure is predicated are good faith and the mutual responsibility of both the Union and the Employer to determine, process, discuss, answer and, where appropriate, adjust all grievances in a timely fashion and within the scope of the parties' authority. This grievance procedure set out above shall not be used for the adjustment of any dispute for which the Civil Service Rules or Regulations require the exclusive use of a Civil Service forum or procedure. Disputes concerning prohibited subjects of bargaining shall not be subject to this procedure, as this contract does not make any guarantees with respect to such matters.
Grievance decisions or settlements reached at any step prior to an arbitration award shall not be precedent setting or prejudicial with respect to any other case, past, present or future and shall be inadmissible in any arbitration hearing, unless expressly provided by its own terms. No party shall interfere with the right to prompt, orderly, and timely grievance administration through abuse of this procedure.
Only related subject matter shall be addressed in any one grievance. The grievance shall contain the clearest possible statement of the grievance by indicating the issue involved, the relief sought, the date
the incident or alleged violation took place, and the specific section or sections of this Agreement involved. The grievance shall be presented to the appropriate management representative on a form mutually agreed upon and supplied by MCO and the Employer, and shall be signed and dated by the grievant(s) and/or the Xxxxxxx.
It is expressly understood and agreed that the specific provisions of this Agreement take precedence over policies, rules, regulations, conditions and practices contrary thereto. No expansion or modification of this Agreement shall be made except by written mutual agreement between the Employer and the Union.
The parties agree that the universal principle of labor relations which provides that employees shall work while grieving is to be applied in interpreting this Contract.
Neither the Employer nor the Union will release names of grievants or details of grievances in a manner which the party knows, or should expect, would embarrass a grievant or a supervisor.
According to the terms of this Agreement, MCO retains jurisdiction over all grievances including, but not limited to, adjusting, appealing or withdrawing.
However, the Employer expressly reserves the right to require an individual employee to sign a release in conjunction with a grievance settlement if the grievance alleges employment discrimination or other tortuous conduct on behalf of the Employer.
Where an employee withdraws from a grievance as part of a settlement in a lawsuit pertaining to the same facts giving rise to the grievance, such withdrawal by the employee from the grievance shall not impair the right of the Union to pursue the grievance principles to protect the collective interests of the Bargaining Unit members as a whole.
When an individual grievant(s) or MCO is satisfied with the resolution of a grievance offered by the Employer, processing the grievance will end. However, when acting in the collective interests of Bargaining Unit members, the Union may initiate and continue to grieve violation(s) concerning the application or interpretation of this Agreement. Such grievance(s) shall identify, to the extent possible, individual employees and/or classes with examples of employees affected. MCO itself may grieve alleged violations of rights conferred solely upon the Union by
this Agreement; such grievance(s) shall be filed at the appropriate step by a Chief Xxxxxxx or Union officer designated by the Union to act in such capacity.
Group grievances are defined as, and limited to, those grievances which cover more than one employee and which pertain to like circumstances and facts for the grievants involved. Group grievances, to the extent possible, shall name employees and/or classifications with examples of employees covered and may, at the option of the Union, be submitted at Step 2. Group grievances shall be so designated at the first appropriate step of the grievance procedure.
Any employee believing he/she has cause for grievance may orally raise the grievance with his/her immediate supervisor when there is a reasonable belief that the ability to resolve the complaint is within the scope of the supervisor’s authority. The supervisor shall make a good faith effort to resolve such complaint within the scope of his/her authority. It is the intent of the parties to attempt to resolve problems before they become written grievances.
All grievances shall be presented promptly, and filed in writing no later than 21 calendar days from the date the employee first became aware or, by the exercise of reasonable diligence, should have become aware of the cause of such grievance. The date on which a counseling, reprimand, less than satisfactory rating or notice of suspension or discharge is given or mailed to the employee shall be considered the first day of the 21-day time frame.
In the case of on-going administrative payroll errors, grievances shall be presented within 21 days from when the error was reflected in the employee’s pay, or from when the employee becomes aware of the error, whichever is later. Calendar days, for the purpose of this Article, are defined as consecutive periods of 24 hours beginning at midnight on the first day and ending at midnight on the last day.
Employees shall present grievances, either through the designated Union Representative or directly themselves, at the appropriate initial step of the grievance procedure. If the employee files the grievance directly, he/she must obtain the appropriate form from the union (or personnel office), which will be recorded pursuant to current practice. The employee shall be responsible to supply the union with a copy of
the original statement of grievance, if not previously provided, as well as any answer that may have been received. There shall be no further discussion on the written grievance until the appropriate Union Representative has been afforded a reasonable opportunity to be present at any grievance meeting(s) with the employee(s). Any settlement reached shall be communicated to the Union and shall not be inconsistent with the provisions of this Agreement.
Grievances which by nature are not capable of being settled at a preliminary step of the grievance procedure may by mutual agreement be filed at the agreed upon advanced step where the action giving rise to the grievance was initiated or where the requested relief could be granted. The Union shall not be required to file a grievance at a step below the level at which the action giving rise to the grievance took place.
The parties recognize the authority of the Employer to suspend, demote, discharge, or take other appropriate disciplinary action against employees only for just cause. A non-probationary employee who alleges that such action was not based on just cause may initiate a grievance regarding a demotion, suspension, payment of a fine in lieu of suspension, forfeiture of leave credits, or discharge taken by the Employer.
1. In the Department of Corrections, grievances regarding any disciplinary action shall be filed directly to Step 2.
2. In the Department of Health and Human Services, grievances regarding disciplinary suspension, demotion or discharge shall be filed directly to Step 2.
There shall be no appeal beyond Step 2 on initial probationary service ratings or separation of initial probationary employees which occur during or upon expiration of the probationary period.
Counseling memoranda, reprimands and annual performance ratings are not appealable beyond Step 2, but the Union may seek a redetermination in a counseling memorandum or written reprimand grievance as provided below:
Redetermination on Counseling Memoranda and Written Reprimands: The Union may seek a redetermination of a Step 2 denial of a grievance over formal counseling or written reprimand
by submitting the reasons and facts for such appeal to the involved employee's Department Human Resources Director or Designee(s) within 45 calendar days of receipt of the Step 2 grievance answer. Such appeal will be submitted in writing by the MCO President or MCO Executive Director and will contain a request to re-evaluate the denial, the specific rationale behind the request, any new facts not available at previous steps, and the relief sought.
Upon receipt of such appeal, the Human Resources Director or Designee will evaluate the facts and fairness of such formal counseling or written reprimand based upon the information received in the appeal, any necessary further investigation, and submit findings to the initiating party within 21 calendar days (unless mutually extended) of receipt of appeal or conference, if applicable.
No conference or meeting will be held on any formal counseling or written reprimand appeal unless the parties mutually agree that the facts of such case are too complex to be appealed only in writing and would better be served by a meeting on the matter.
It is the intent of the parties that the Union will only appeal those cases where it is apparent the facts of the case were not fully communicated at Step 2.
Nothing herein shall be construed to permit the appeal of any grievance regarding a counseling memorandum or written reprimand beyond such redetermination procedure.
Unsatisfactory service rating grievances of employees who have successfully completed the initial probationary period may be appealed by MCO to Arbitration.
Immediately prior to a mutually scheduled meeting with management at each step of the grievance procedure, the grievant and the designated MCO Representative will be permitted a reasonable amount of time, normally not to exceed one-half hour, without loss of pay for consultation and preparation for such grievance meeting during their regularly scheduled hours of employment. Overtime is not authorized.
One designated Xxxxxxx or Chief Xxxxxxx will be permitted to process a grievance without loss of pay. In a group grievance two grievants and
one designated MCO Xxxxxxx or Chief Xxxxxxx shall be entitled to appear without loss of pay.
If a grievant, designated Union Representative, or necessary witness is required to attend a grievance conference or arbitration hearing scheduled away from his/her work location and at a time outside their regular shift, such employee shall be permitted to attend such meeting or hearing without loss of pay. Second and third shift employees shall be allowed reasonable travel to and from the work place and shall receive equivalent time off the following shift only, if such employee's next shift is scheduled to commence within 16 hours from the termination of the hearing or meeting. Travel expenses and overtime are not authorized.
The Employer is not responsible for compensating any employees for time spent processing grievances outside their regularly scheduled hours of employment. The Employer is not responsible for any travel or subsistence expenses incurred by grievants or representatives in processing grievances.
Any employee having a complaint is encouraged to discuss the complaint with his/her immediate supervisor who will make a good faith effort to resolve the complaint within the scope of his/her authority.
Step 1: If satisfactory resolution is not reached with the employee’s supervisor, the grievance must be filed in writing to the Step 1 official designated by the Department. Such appeal shall be considered timely if filed within the 21-calendar day time limit for initiation of a grievance. The parties, upon request of either the Union or the designated official, will meet to discuss and resolve the grievance if possible. The grievant shall be entitled to attend if such attendance is requested by the Union or management official. A written answer will be returned to the grievant and designated MCO Representative within 21 calendar days from receipt of the written appeal to Step 1. The Union will provide written confirmation to the Department of the appeal or withdrawal of each grievance between Step 1 and arbitration.
Grievance meetings as provided for in this Step involving 2nd or 3rd shift employees shall be held as conveniently as possible to the grievant's shift and normally immediately precede or follow the grievant's shift by one hour.
Step 2: If satisfactory settlement is not reached at Step1, to be considered further, within 45 calendar days from receipt of the Step 1 written answer (or the date the answer was due if no answer was provided), the grievance shall be appealed to the Departmental Appointing Authority (or designee) by the MCO Central Office. In DOC where the grievance is regarding a disciplinary penalty, and in DHHS the grievant may be entitled to attend the Step 2 conference if such attendance is requested by the Union or management official. The Departmental Representative may meet with the designated MCO Representative(s) to attempt to resolve the grievance; however, such meeting shall occur concerning suspension without pay, unsatisfactory rating (for non-probationary employees only), discharge or demotion. A Step 2 conference is discretionary, and is not mandatory, for a grievance concerning a probationary employee who has received an unsatisfactory service rating, but which does not involve the employee’s discharge. The written answer of the Step 2 official will be provided to the grievant and the designated MCO Representative within 30 calendar days from the receipt of the written appeal to Step
2. The above time limits may be extended by mutual agreement of the parties.
Departmental Pre-Arbitration Appeal: If satisfactory settlement is not reached on the basis of the Employer's Step 2 written answer or if no answer is provided within the Step 2 time limits or agreed upon extension, to be considered further the MCO Executive Board or its agent shall appeal the grievance to pre-arbitration within 45 calendar days from receipt of the Step 2 written answer (or the date the answer was due if no answer was provided), with a copy to OSE. A designated representative of the Department where the grievance originated shall meet with the designated MCO official to discuss the grievance. As necessary and upon mutual agreement, an MCO Executive Board Member or Chapter President may be designated by the President to attend as an Alternate, provided that such Alternate is not the grievant. An effort shall be made at such meeting(s) to arrive at a fair and equitable settlement to avoid the necessity of an arbitration hearing. Such settlements, if reached, shall be confirmed in writing. The Union shall provide a copy of all pre-arbitration settlements to OSE within 15 calendar days of receipt by the Union. For the purpose of this Section, the Departmental Representative shall be other than the official who answered at Step 2, except by mutual agreement. In the event more
than one Departmental Representative attends such meeting, one of the Departmental Representatives may be the Step 2 official.
If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer.
If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances.
In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing.
The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators.
In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Civil Service Commission, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied;
the decision of the Civil Service Hearing Officer shall be final and binding on all parties.
The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs.
The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure.
The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations.
Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.
Grievances not appealed within the designated time limits of the grievance procedure will automatically result in the grievance being considered closed. Grievances not answered by the Employer within the designated time limits at any step of the grievance procedure shall be considered automatically appealable to the next step. When the Employer does not provide the required answer to a grievance within the time limit provided at Steps 1 or 2, the time limits for filing at the next step shall be extended for 14 additional calendar days, unless mutually extended further. The time limits at any step or for any conference may be extended by written mutual agreement of the parties involved at that particular step.
If the Employer Representative with whom a grievance appeal must be filed is located in a city other than that in which the grievance was processed in the preceding step, the mailing of the grievance appeal form shall constitute a timely appeal if it is postmarked within the appeal period. Similarly, when an Employer answer must be forwarded to a city other than that in which the Employer Representative works, the mailing of the answer shall constitute a timely response if it is postmarked within the answer period.
Settlement of any grievance may or may not be retroactive as the equities of the particular case may demand as determined by the Arbitrator. In any case where it is determined that the award should be applied retroactively, except for administrative errors relating to the payment of wages, the maximum period of retroactivity allowed shall be a date not earlier than 180 calendar days prior to the initiation of the written grievance at the First Step. In cases of administrative error, the employee shall be entitled to be made whole for up to 26 pay periods from when the Employer was made aware of such error.
Employees who voluntarily terminate their employment will have their grievances immediately withdrawn unless such grievance directly affects their status upon termination or a claim of vested money interest in which cases the employee may benefit by any later settlement of a grievance in which they were involved. All claims of back wages based on involuntary separation shall be limited to the amount of base, holiday, and shift premium wages, excluding incidental overtime, the employee would otherwise have earned, less
any unemployment compensation, workers’ compensation, long-term disability benefits, social security benefits, welfare payments or compensation from any employment or other source received during the period for which the back pay is awarded; however, earnings from approved supplemental employment shall not be deducted.
Upon written request, the MCO Central Office, or its designee, shall have access to and normally receive specific written, taped, recorded or electronic exhibits not previously provided or records available from the Employer not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner. Disputes regarding receipt of evidence under this section shall be addressed by MCO and the Department. This does not preclude the Union from grieving if the dispute is not resolved.
Upon request, prior to a scheduled Arbitration Hearing, all documents or other materials not previously provided or exchanged which either party intends to use as evidence will be forwarded to the other party. However, such response shall not limit either party in the presentation of necessary evidence.
Arbitration Hearings will be held at the location which best minimizes time lost from work. At least 14 calendar days before a scheduled Arbitration Hearing, the Union shall provide the Employer a written list of the witnesses it plans to call and who it requests to be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Upon request the Employer shall also provide a list of those it intends to call as witnesses.
Employees required to testify will be made available without loss of pay; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union Representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work.
In the event the arbitration hearing is held on the witness’s workday at other than the witness’s scheduled work time, the properly designated
union witness shall be permitted an equivalent amount of time off (including reasonable and necessary travel time if held away from the witness’s work location) from scheduled work on his/her upcoming or previous shift or, by mutual agreement, on another day in the pay period. Employee requests to utilize available leave credits for the remainder of the partial shift may be granted at the sole discretion of the Employer, but should not be unreasonably denied.
During the negotiations leading to the 1999 Agreement, the parties agreed to the following provisions as a supplement to the general procedure in an effort to expedite the resolution of grievances. Elements of this procedure may be invoked as appropriate under the conditions listed below:
1. Where a backlog of grievances exists (10 or more) at a single Work Location (or between several locations with a shared administration), the parties shall timely arrange for a grievance resolution conference at the Work Location or mutually agreed upon location. The parties must find a mutually acceptable date within 30 calendar days of request by either party. Those in attendance must possess the ability to resolve any issues, however the Union’s internal appeal procedure may continue. Nothing shall preclude the parties from mutually agreeing to meet where a significant backlog does not exist.
2. For grievances timely filed to arbitration, the parties agree to establish an expedited arbitration process. Only grievances in which the parties stipulate to the factual issues shall be part of this process. Neither party shall call any witnesses. Briefs, if filed, shall be mailed to the Arbitrator for exchange within 21 calendar days from conclusion of the arbitration, unless mutually agreed to otherwise. The Arbitrator’s decision shall only contain his/her decision and rationale for the decision, and shall normally be issued within 14 calendar days. It is the intent of the parties that multiple grievances may be scheduled and heard on the same day.
3. Prior to the filing of the arbitration demand, the parties will schedule a mutually acceptable preferred hearing date and alternate hearing date, and notify AAA of the selected dates with the filing of the arbitration demand. It is the parties' intent that these dates will
normally be between 60 and 90 calendar days from the filing of the arbitration demand. The parties shall mutually agree to a list of Arbitrators for use in this procedure.
4. To the extent possible, AAA shall provide the parties with a list of Arbitrators who are available on the selected date(s).
The above procedures are subject to modification by the parties as mutually agreeable and necessary to improve the process. Both parties will attempt to make the grievance procedure a timely process so that resolution of issues is not delayed. This supplemental procedure shall remain in effect for one year upon Civil Service approval, at which time the parties may modify or discontinue this process by mutual agreement.
ARTICLE 10 DISCIPLINARY ACTION
The Union recognizes the authority and responsibility of the Employer to take timely, and reasonable disciplinary action against employees for just cause. Discipline will normally be progressive in nature; however, the Employer shall have the right to invoke a penalty which is appropriate to the seriousness of an individual incident or situation. For purposes of this Article, disciplinary action, or investigation to determine whether disciplinary action should be taken, is timely only when commenced within 21 calendar days following the date on which the Employer had reasonable basis to believe that such action or investigation should be taken. Disciplinary action includes: written reprimand; involuntary demotions; suspension without pay; forfeiture of accrued annual leave in lieu of suspension; payment of fines in lieu of suspension; unsatisfactory or follow-up interim rating and discharge. The suspension without pay of a probationary employee during or at the end of the pay period in which the initial probationary period expires, pending separation for unsatisfactory service, as well as the separation itself in such circumstances, shall not be considered disciplinary action for purposes of this Article.
A demotion will not be considered disciplinary action if it is a result of a status employee failing to satisfactorily complete a required
probationary period upon promotion or transfer; in conjunction with the layoff or "bump" of the employee; or the voluntary or contractually required transfer or reassignment of the employee to a position allocated at a lower level, if voluntary, or required by Civil Service merit- based rules, or this contract, if unaccompanied by disciplinary action of some other kind.
Placing an employee on "lost time" (leave without pay) for the period of an employee's unauthorized absence from work shall not be considered disciplinary action. However, if the employee has requested authorization to use accrued leave credits for such time and it is denied, the denial shall not be exempt from the scope of the grievance procedure solely on the basis that the denial is not disciplinary action.
The decision whether to offer an employee the option to forfeit accrued annual leave, or assess the suspension, shall be in the sole discretion of the Employer, and is not grievable.
Just cause for disciplinary action will include, but not be limited to:
a. Failure to carry out assigned duties and responsibilities required by the Employer;
b. Conduct unbecoming a state employee;
c. Unsatisfactory service;
d. Violation of Employer work rules, policies, regulations or directives pertaining to performance, conduct or safety.
The parties agree that disciplinary action must be supported by timely and accurate investigation, but investigations shall not be unduly prolonged. The Employer has the right to receive prompt, accurate and truthful answers to questions put to the employee concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee's fitness, availability or performance of duty. The employee shall be afforded 24 hours to respond without undue delay from the time he/she receives the written questionnaire or request for written statement. This 24-hour period does not apply to the requirement to submit a critical incident report.
1. Union Representation. Bargaining Unit members are entitled to be accompanied by the designated Union Representative for his/her work area, or other individual approved by the MCO Central Office in any of the following:
a. In any disciplinary conference conducted pursuant to Section D. below.
b. When the employee’s own conduct is the direct object of the investigation, the employee shall have the opportunity to confer with a Union Representative, before submitting a written statement or questionnaire. The employee shall have 24 hours to submit his/her response. This 24-hour period does not apply to the requirement to submit a critical incident report.
c. In any investigatory interview, where the employee is the subject of the investigation, the Employer shall advise the employee of his/her right to a Union Representative. The employee may request a Union Representative at any time subsequent to being advised of this right.
d. During the course of any other investigatory interview, if it is determined that the employee being interviewed could become the subject of an investigation, the interview will be stopped and the employee will be offered the opportunity to obtain representation before the interview is continued.
e. In addition to the above, employees may request Union representation in any investigatory interview where:
i. The investigatory interview is recorded, videotaped, or a verbatim transcribed record of the interview is created by the Employer; or
ii. The employee has been suspended or removed from the work premises pursuant to Section C. below; or
iii. The employee has been suspended (with or without pay), or reassigned from the employee’s regular job assignment; or
iv. The employee has been specifically charged in writing with one or more instances of misconduct; or
v. The employee is directed to report on his/her own conduct (as a principal in an investigation) to a patient or resident abuse committee or Fact Finder. If the employee is called as a witness during the course of the investigatory interview, and it is determined that the employee being interviewed could become the subject of an investigation, the interview will be stopped and the employee will be offered the opportunity to obtain representation before the interview is continued; or
vi. The interview is attended by more than one supervisor or Employer Representative, and the employee is not represented by a Union Staff Representative (in the event that a Staff Representative is to attend, the Employer shall be given as much advance notice as possible).
It shall be the responsibility of the Employer, upon the employee’s request, to secure the release of the local chapter Union Representative.
When an employee is entitled to be accompanied by the Union Representative at a conference under this Article, the employee and the designated Union Representative may be allowed time, not to exceed one-half hour, immediately prior and contiguous to the scheduled conference, to permit them to confer about the subject matter of the conference. Such time shall be without loss of pay. Such one-half hour conference time shall not be required unless requested by the employee or the Union Representative, nor shall it be required if the amount of time elapsed between the time the employee received notice of the conference and the start of the conference is 48 hours or more.
2. Role of the Union Representative. Union Representatives in attendance at such interviews or conferences shall be:
a. Informed of the subject of the meeting,
b. Allowed to clarify or object to confusing questions,
c. Allowed to provide information to support the employee’s case,
d. Allowed to assist the employee in presenting his/her evidence and/or argument, and pointing out other relevant matters. The Employer may, however, insist upon communicating directly to
and with the employee regarding the matters under discussion during the conference or interview.
None of the above is intended to circumvent the normal relationship between the supervisor and employee as it pertains to discussions and counseling. The right to Union representation shall not apply to conversations between an employee and the supervisor for the purpose of giving instruction concerning work performance, providing training or retraining, or correction of work habits or techniques.
3. Questionnaires and Interviews.
a. Written Questionnaire.
i. When a written statement of any kind is requested from an employee, the employee shall be given the request in writing and the employee shall to the best of his/her ability provide an accurate and truthful written statement on the matter being investigated, including answers to any specific questions included in the request.
ii. The employee shall be given a copy of the questionnaire and, if available, sign for its receipt.
iii. The questionnaire shall contain questions pertaining to the incident under investigation. [Note: When a critical or unusual incident report is required, the employee may be required to provide a narrative statement regarding the incident without the necessity of specific written questions. Such report shall be provided promptly and accurately to the best of the employee’s ability.]
iv. The employee shall be afforded a reasonable time to respond without undue delay. When the employee is the subject of the investigation, he/she shall have 24 hours to submit his/her response.
v. A copy of the written response shall be provided to the employee who shall have 24 hours to review, amend, change or correct said statement.
b. Oral Interview.
i. As soon as the document is available after the conclusion of the interview, the employee shall have the opportunity to review the questions and answers documented by the investigator.
ii. Once reviewed, the employee shall have the right to place his/her initials on each page of the recorded answer or summary to affirm its accuracy.
iii. If the employee finds that a recorded answer is inaccurate or incomplete and the record is not modified by the investigator, the employee shall be allowed to provide a written response to the specific question of concern.
iv. The employee will be given a copy of the final interview document and have 24 hours to amend his/her answers by providing a written response to the specific question(s) he/she is amending.
v. If the interview is electronically recorded, the employee shall be provided a copy of the recording or verbatim transcript when it becomes available, and shall then have 24 hours to submit a statement amending his/her statements reflected in the record of the interview.
c. Any such statement amending responses to Employer questions shall, if timely filed, become part of the record of the interview to the extent it pertains to the subject matter of the interview, and the original statement shall not be considered or used until the time period for submitting amendments has elapsed.
4. Patient/Resident Abuse Committee or Fact Finding. Where, as a principal in an investigation, an employee is directed to report on his/her own conduct to a patient or resident abuse committee or Fact Finding investigation by an appointed Fact Finder, making any determination which may result in disciplinary action for the employee, the employee shall have the right to appear, to have Union representation, to suggest witnesses to be interviewed and to submit relevant documents. If a formal hearing is conducted in addition to the above, the employee shall also be entitled to call and question any witnesses. The employee and the Union, through the employee, shall receive a copy of any findings, and have an
opportunity to rebut the findings and reports to his/her Appointing Authority, within five weekdays, before a decision is issued concerning any disciplinary action.
When a recipient rights investigation or other preliminary investigation results in a report or finding containing information detrimental to an employee's good standing, or which would constitute a basis for disciplinary action, the right to a subsequent disciplinary conference as provided by Section D. of this Article shall still apply, at which the right to Union representation shall also apply.
5. Polygraph Examinations. The Employer shall not require or attempt to persuade an employee to take a polygraph examination, lie detector test or similar test of the employee’s veracity in the course of a disciplinary investigation, nor discipline or discriminate against an employee solely on the basis that the employee refused or declined to take the examination/test.
6. Disciplinary Action. It shall be the policy of the Employer to not take disciplinary action in the course of an investigation, except as provided in Section C. below.
Whenever, as a result of an investigation, disciplinary action is or may be appropriate, a disciplinary conference shall be held with the employee in accordance with Section D. of this Article.
Whenever an investigation does not result in disciplinary action, the finding of the investigation shall be communicated to the employee(s) under investigation in writing.
1. Suspension for Investigation. The Employer may suspend an employee from duty with or without pay for investigation. A suspension for investigation without pay may be assessed against an employee when, based upon preliminary investigation, the management official responsible for administering the employee's work location forms a reasonable belief that criminal activity may be involved.
A suspension without pay shall not exceed a total of seven calendar days. In the event no disciplinary action has been taken by the end of the seven calendar day period, the Employer shall either return the employee to active employment status, or convert the
suspension to a suspension with pay (administrative leave) until the investigation is concluded and disciplinary action taken.
If a disciplinary action suspension without pay is fewer days than the suspension without pay for investigation, the employee shall be paid for the difference in the regularly scheduled hours of work, including any overtime to which the employee would have been entitled due to the observance of a contractual holiday.
If no disciplinary action is taken, the employee shall be made whole.
Nothing in this Agreement shall prohibit the Employer from taking emergency action to suspend and/or remove an employee from the work premises where, in the judgment of the Employer, such action is necessary to maintain order and discipline. Such emergency suspension/removal shall be immediately superseded by a suspension for investigation when appropriate. As soon as practical thereafter, the investigation and disciplinary conference procedures provided herein shall be undertaken and completed.
Although placed on immediate suspension, any employee directed to leave the premises immediately may, in the course of departure, consult with a Xxxxxxx on the matter if one is available without unreasonable delay.
2. Suspension to Maintain Program Integrity and Public Confidence.
Any employee indicted by a grand jury, or against whom a criminal charge has been brought by a prosecuting attorney for conduct on or off the job, may be immediately suspended from duty without pay. Such suspension may, at the discretion of the Appointing Authority, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this Subsection, where the employee contends that the charge does not arise out of the job or is not related to the job, except that suspension for a felony charge shall not be appealable.
An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed upon proper notice without further charges being brought and such action shall be appealable through the
grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in the grievance procedure, including arbitration. Under this circumstance a disciplinary conference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within ten weekdays of receipt of confirmation at the employee’s Personnel Office of the results of the case, and appropriate action in accordance with this Article is taken concerning the employee.
Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal actions taken against an employee and irrespective of their outcome.
Further, the Employer reserves the right to take disciplinary action against an employee who is charged with a criminal offense who, through a plea arrangement, is neither convicted nor acquitted of the original or reduced criminal charges, based on the Employer’s investigation and determination that the employee’s conduct violated one or more work rules.
3. The obligation to "make whole" shall not require the Employer to compensate or credit the employee for any period of time in which the employee was hospitalized, incarcerated, or otherwise not available for and seeking work, nor shall it require the Employer to compensate the employee for any non-holiday overtime the employee might have been requested or ordered to work, but for his/her suspension.
Disciplinary action, if taken by the Employer, is subject to the grievance procedure. The Union retains the right to grieve the reasonableness of any work rule pertaining to criminal conduct promulgated by the Employer.
Whenever the Employer determines that disciplinary action is appropriate, a disciplinary conference shall be promptly scheduled and held with the employee pursuant to this Article.
Only upon mutual agreement between the employee and the convening management official, or in an emergency, shall a disciplinary conference be scheduled for the employee's regular day off. Subject to the same exceptions, the disciplinary conference shall be scheduled for the employee's own shift, or, in the case of a night shift employee, within one hour from the beginning or end of the employee's shift. All disciplinary conferences shall be considered as the employee's work time. Such conferences may be postponed or rescheduled by mutual agreement between the parties. Such agreement shall not be arbitrarily withheld.
The employee may waive entitlement to such disciplinary conference; in such event no conference shall be required. The Employer is not required to postpone a disciplinary conference for an employee on extended sick leave, leave of absence, or who is incarcerated. The Employer shall advise such employee of his/her right to submit a written statement in response to the statement of charges and to have a Union Representative present at the conference to represent his/her interests.
Formal Notice of Charges and Conference. Upon receiving the written notification of the date, time and place of the disciplinary conference the employee shall be given and be requested to sign for a copy of the written statement of charges, which shall contain a description of the specific conduct or activity for which the disciplinary action is being considered. Such statement shall be subject to modification as a result of any new relevant information as may be brought forth at the disciplinary conference. Notification of the disciplinary conference shall also contain the range of possible disciplinary action and notification of the employee's right to union representation. The formal notice of charges and of conference shall be provided to the employee at least five days prior to any scheduled conference. An MCO Chapter Union Representative shall be provided a copy of the notice of disciplinary conference/statement of charges in a manner to be agreed upon locally.
Together with the statement of charges, the employee and the Chapter Representative shall also be given copies of any and all documents in the Employer’s possession pertaining to the charges, and the opportunity to view any other evidence in a private location where a copy has not been provided. Sensitive image evidence shall be
provided to MCO Central Office who will be responsible for maintaining its security. MCO chapter officials shall be allowed access to photocopying equipment to make a copy of the disciplinary packet to forward to MCO Central Office.
Waiver of Union Representative. At the beginning of the disciplinary conference, if the employee is not accompanied by a Union Representative, and the employee indicates s/he does not want Union representation, the employee will be requested to sign a statement indicating s/he does not wish to have a Union Representative. The Chapter Representative shall receive a copy of the signed waiver and the results of the disciplinary conference.
Questions by the employee or the Union Representative will be answered at the disciplinary conference to the fullest extent possible. Questions may be asked of any individuals present at the conference. The response of the employee to the charges, including the employee's own explanation of an incident, if not previously obtained, mitigating circumstances and the employee's response to action intended or recommended shall be received by the Employer. However, the conference shall not be for the purpose of initiating or continuing an on-going investigation. The Employer shall inform the Union of the results of the disciplinary conference.
Where disciplinary action has not been determined by the end of the conference, normally within ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended.
In all cases, disciplinary action, if forthcoming, shall be executed within
45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file.
Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer.
Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation:
1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements.
2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action.
Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action.
The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.
When a decision is made to permit an employee to resign in lieu of dismissal, the employee must submit a resignation in writing. Such written resignation shall be held for 24 hours or eight business office
hours, whichever is greater, after which it shall become final and effective as of the time when originally submitted, unless retracted during the 24-hour period. This provision applies only when a resignation is accepted in lieu of dismissal and the employee has been advised he/she will be dismissed in the absence of the resignation. Acceptance of such resignation in lieu of dismissal shall be at the sole discretion of the Employer and, when accepted, the resignation and matters related thereto shall not be grievable.
The parties recognize that the conduct of employees may, at times, be the subject of investigations by outside agencies. It is not the parties’ intent to hinder any ongoing investigation; however, the parties mutually agree that these types of investigations should be conducted discretely, and where possible and practical, off the Employer’s property and outside the employee’s normal working hours.
Labor Management Meetings shall be for the purpose of maintaining communications in order to cooperatively discuss and resolve problems of mutual concern to the parties.
Items to be included on the agenda for such meetings are to be submitted at least seven calendar days in advance of the scheduled meeting dates. Appropriate subjects for the Agenda are:
1. Administration of the Agreement.
2. General information of interest to the parties.
3. Expression of employee's views or suggestions on subjects of interest to employees of the Bargaining Unit.
4. Recommendations on health and safety matters relating to the Bargaining Unit employees.
Department or Agency representatives will, when known, notify the Union of administrative changes decided upon by management, which may affect employees in the Bargaining Unit. Failure of the Employer
to provide such information shall not prevent the Employer from making such changes; however, such changes shall be proper subjects for Labor-Management meetings. Such meetings shall not be considered negotiations, nor shall they be considered as a substitute for the grievance procedure.
The parties recognize that the assumption of positions and employees into the classified service is a prohibited subject of negotiations. However, the parties may discuss the application of provisions of the collective bargaining agreement to assist in the transition of positions and employees into the Classified Service.
1. Departmental Level. For Departmental meetings, in the Department of Corrections, the Union shall designate up to seven representatives who shall be employed in the Department. The Union may designate not more than seven additional representatives to participate in such meetings, based upon the matters scheduled in the agenda. In all other Departments, the Union shall be entitled to designate up to two representatives who shall be employed in the Department. The Union may designate not more than two additional representatives to participate in such meetings based upon the matters scheduled in the agenda.
2. Agency Level.
a. In the Department of Health and Human Services, the Chapter President may designate up to three representatives to participate in agency Labor-Management meetings. In addition to the three representatives, the Chapter President may, on a case by case basis, request not more than two additional representatives to participate in such meetings, based solely upon the matters scheduled in the agenda.
The presence of such additional representatives shall be limited to the discussion of agenda item(s) for which their attendance was requested. Such items will normally be first on the agenda in order to minimize time away from the job. All such representatives shall be employees in this Bargaining Unit.
b. In the Department of Corrections, MCO shall be entitled to three representatives at facility Labor-Management meetings. These
representatives will be without restriction as to shift. For facilities with a Camp(s), MCO shall be entitled to an additional representative from the affiliated Camp(s). In addition, up to two additional resource persons may attend when requested at the time the agenda is submitted and the agenda identifies the item(s) that the resource person(s) will be talking about.
Corrections Center Labor-Management meetings will be held on a Regional basis. MCO will be entitled to three representatives for each Regional meeting.
The SAI program at Xxxxxxx Lake shall be considered an agency for purposes of Labor-Management meetings.
As mutually agreed on a case by case basis, additional representatives may be added on non-pay status.
MCO paid staff may attend local Labor-Management meetings with prior notice.
Informal Labor-Management meetings may be held at any Corrections Center as necessary.
1. Departmental Level. Departmental Labor-Management meetings shall be scheduled upon request of either party, but not more frequently than bimonthly, except as may be mutually agreed on a case by case basis.
2. Agency Level. Meetings at the Agency or facility shall be required no more frequently than monthly unless mutually agreed otherwise. Where no items are placed on the agendas at least seven days in advance of scheduled meetings, such meetings shall not be required.
Facility Labor-Management meetings will be scheduled as close as possible to ten days from the date the agenda was submitted to the facility head or his/her designated representative. Such meetings will normally be held between the hours of 8:00 a.m. and 4:30 p.m., at a time convenient for the representatives attending the meeting (such as 1:00 or 2:00 p.m.). It will be management's responsibility to publish and distribute minutes of the meeting as soon as possible after the
conclusion of the meeting (normally within 15 calendar days). Upon mutual agreement either party may tape record the meeting.
1. Departmental Level. Up to the limit established in this Article, Union Representatives to Departmental Labor-Management meetings shall be permitted time off from scheduled work up to a maximum of eight hours per meeting for necessary travel and attendance at such meetings. Properly designated Union Representatives from the second and third shifts shall be permitted an equivalent amount of time off from scheduled work on upcoming or previous shift. Overtime and travel expenses are not authorized. Under no circumstances shall more than ten Bargaining Unit employees attend Departmental meetings without loss of pay.
Designated representatives employed in the Upper Peninsula may, at the discretion of the Union, charge travel time to and from such meetings, not to exceed one shift per meeting, to the Administrative Leave Bank established by Article 7, Section E., of this Agreement.
2. Agency Level. Representatives from the morning and day activity shifts will attend the Labor-Management meetings without loss of pay.
a. In the Department of Health and Human Services, representatives from the afternoon or midnight shifts shall be permitted an equivalent amount of time off from scheduled work on their upcoming or previous shift.
b. In the Department of Corrections, second and third shift representatives will be entitled to compensatory time equal to the time in attendance at the meeting. This compensatory time will be recorded and used in the same manner as the compensatory time in Article 17, Section C, of this Agreement.
Resource representatives from the second and third shifts are entitled to compensatory time equal to the period of time from the start of the meeting until their item(s) has been covered.
Compensatory time may be used on the same day as the meeting if the duration of the meeting substantially interferes with the representative's ability to properly carry out his/her duties and
responsibilities or if the representative is at his/her compensatory time cap.
As may be mutually agreed, representatives of the Office of the State Employer may meet with representatives of the Union. Discussions at these meetings shall include, but not be limited to, administration of this Agreement.
The Departments agree to continue to consult with the Union concerning maintaining or revising recommended/authorized staffing levels in specific work settings in order to insure adequate safety of Bargaining Unit employees. The Departments will afford Chapter Presidents the opportunity to submit their suggested improvements for safe staffing levels through the respective wardens or facility administrators to the Department Director, in conjunction with the annual budget requests.
The parties will continue the Department of Corrections Efficiency Advisory Committee. The Efficiency Advisory Committee shall consist of two representatives appointed by the Michigan Corrections Organization, two representatives appointed by the Director of the Department of Corrections, and one representative appointed by the Director of the Office of the State Employer. The purpose of the Efficiency Advisory Committee shall be to exchange information and views regarding current and proposed staffing levels, mix of various custody and security classifications and levels, and the distribution of tasks and responsibilities among positions, and groups of positions, to identify situations in which staff functions and levels might be redeployed to maximize the safe and efficient delivery of state services within the Department of Corrections.
The issue of a departmental efficiency advisory committee in the Department of Health and Human Services may be addressed in secondary negotiations at the request of either party.
ARTICLE 12 HEALTH AND SAFETY
The Employer will make every reasonable effort to provide a place of employment free from known health and safety hazards. While the parties recognize that certain health and safety hazards are inherent in a correctional or other custody environment, the Employer shall take steps to eliminate or minimize, and to avoid aggravating, such inherent hazards. Matters pertaining to health and safety conditions may be discussed at the appropriate level Labor-Management meeting in accordance with Article 11 of this Agreement. Any existing Safety/Health Committees shall continue as an alternative to the Labor-Management meeting process, unless terminated by mutual agreement. It is the expressed policy of the Employer to resolve health and safety problems. The Union agrees to cooperate in such efforts to the extent possible.
The Department of Corrections Joint Committee on Health and Safety is continued, consisting of three representatives of the Union appointed by the Union and three representatives of the department, appointed by the department. Each party will make a good faith effort to appoint at least one member who has professional training or employment responsibilities in the area of workplace health or safety.
The Joint Committee on Health and Safety shall meet at least quarterly at mutually agreeable times and places. An agenda shall be established in advance of each meeting. Minutes will be prepared by the department for each meeting and a copy provided to all members. Meetings shall be open to such other representatives of the parties as the committee members deem appropriate.
The charge of this committee shall be to identify and examine health and safety issues which impact upon Bargaining Unit members in the Department of Corrections. In conjunction with its charge, the committee shall be afforded access, when requested, to workplace injury, accident and illness reports involving Bargaining Unit employees, and will work cooperatively with health and safety programs initiated under the authority of the state's Disability Management Program. The committee shall make recommendations to the Department Director on such matters as indoor air quality, first
aid and life saving devices, personal protective and communication devices, physical facilities security, training, and any other related matters pertaining to the health and safety of Bargaining Unit members.
Committee members appointed by the Union shall be permitted time off the job without loss of pay for travel to and from and attendance at committee meetings.
The 1997 Secondary Agreement regarding joint committees on health and safety shall remain in effect between MCO and the Department of Health and Human Services unless altered through secondary negotiations.
All employees shall be required to comply with safety/health rules and regulations established by the Employer. If an employee has justifiable reason to believe that his/her safety is endangered due to an alleged working condition or equipment which is abnormally hazardous, even in a custody and security setting, the employee shall inform the supervisor who shall have the responsibility to determine what action, if any, should be taken.
If the employee is not satisfied with the action taken by the supervisor, the employee shall be entitled to notify the highest ranking Union official at the work site, who may contact the highest ranking shift supervisor on duty.
First aid equipment shall be provided at various locations in the work place. Current policy concerning first aid treatment shall continue.
The Employer agrees to furnish and maintain in safe working condition all tools and equipment required by the Employer to carry out the duties of each position. Employees are responsible for reporting to the Employer any unsafe condition or practice and for properly caring for the tools and equipment furnished by the Employer. Employees shall not use such tools and equipment for personal use.
The Employer will furnish protective clothing and equipment in accordance with applicable standards established by the Michigan
Departments of Licensing and Regulatory Affairs or Health and Human Services. The Employer reserves the right to require the use of such protective clothing and equipment.
In the Department of Corrections, the issues of requiring, supplying, and training in the use of “gas masks”, as required by such safety standards, shall be subject to secondary negotiations.
To insure strict confidentiality, only authorized Representatives of the Employer who have a professional or management need to know, or authorized Union Representatives with the employee's written permission, shall possess or have access to any employee medical records, including records prepared by a private physician, rehabilitation facility, or other resource for professional assistance. The Employer shall not be prohibited from releasing medical records or reports made or obtained by the Employer where such release is required to process a grievance which involves the use or interpretation of such reports or records by the Employer; or to respond to a legal action or arbitration, or to a claim or complaint filed with a government agency by an employee.
The Employer will provide and maintain all state-owned buildings, facilities, and equipment in accordance with the specific written order(s) of the Michigan (MIOSHA) Departments of Licensing and Regulatory Affairs and/or Health and Human Services. Where facilities are leased by the Employer, the Employer shall make a reasonable attempt to assure that such facilities comply with the order(s) of the Michigan Departments of Licensing and Regulatory Affairs and/or Health and Human Services.
Whenever the Employer requires an employee to submit to a medical examination, psychiatric evaluation or medical test, including X-rays or inoculations, by a licensed medical practitioner selected by the Employer, the Employer will pay the entire cost of such services, provided that the employee uses the services provided and approved by the Employer. An employee who is required by the employer to take a medical examination and who objects to the examination by the state-employed or retained physician/health provider may be
examined by a mutually approved personal physician/health provider, in which case the employer will pay the entire cost of such service not covered by the health insurance program in which the employee is then enrolled. In the absence of mutual agreement, the parties will select a physician/health provider from recommendations by a county or local medical society, by alternate striking from a list if necessary. This Section does not apply in circumstances in which the employer requires the employee to supply evidence of medical/psychological examination and/or evaluation in conjunction with an employee’s request for a medical or FMLA leave of absence, sick leave authorization, or an accommodation under the ADA or applicable state statute. Employees required to take a gynecological examination may be examined by a physician mutually acceptable to the Employer and the employee.
Section H. Contagious Conditions/Communicable Diseases. When the Employer suspects a contagious condition exists, the Employer shall take action without undue delay to provide a healthful place of employment. In accordance with current State Statute and Departmental policy, when a source of possible contagion becomes known, or is suspected by agency or departmental medical personnel responsible for advising the employer on occupational health matters, the Employer will isolate such source, if possible, and notify the Union of the possible contagion, the isolation steps taken (if appropriate), and those further precautions which (from a medical standpoint) will be required to avoid further contagion. The Employer shall provide necessary supplies and equipment for such precautions and will furnish medical examinations where such examinations are deemed necessary by Departmental medical staff.
When the Employer requires tests for Tuberculosis the Employer shall pay for such tests, provided the employee receives such tests from the provider designated by the Employer. Notice of scheduled Tuberculosis testing will be provided to employees at least two weeks in advance. If the employee chooses to obtain testing from his/her own health care provider, the Employer will not be responsible for payment for such testing.
Subject to applicable Health and Human Services and Civil Rights considerations, the Employer will administer a program to identify cases of contagious diseases. This program will include a system that
identifies generic disease categories such as blood borne infectious diseases and gives precautions designed to minimize, if not prevent, employee contagion.
The Employer will establish and/or continue a contaminated waste disposal system which includes identification of contaminated waste and ensures that all contaminated waste, clothing, one-way CPR valves, linens, etc. are properly handled.
The Department of Corrections will continue to issue a "belt pack", consisting of protective gloves and a protective mask device for use when performing CPR, to each employee whom the department expects to have need for such items. Such items will be replaced as recommended by the respective manufacturer. Protective garments such as gloves, gowns, aprons, masks, etc. shall be readily accessible to an employee who faces exposure to a blood borne infectious disease from a patient or prisoner.
In accordance with applicable departmental policies, if an employee’s clothing or shoes are soiled by bodily fluids or other infectious or hazardous material, the employee will immediately be relieved of duty and directed and allowed sufficient time to change clothes and, if necessary, shower. If a shower and/or replacement uniform are not available on site, the employee will be provided appropriate replacement attire and authorized to leave the workplace on administrative leave to clean up and change clothing. The employee shall return to work in a timely manner.
The parties recognize the importance of protecting employees in the Security Bargaining Unit from occupational exposure to blood-borne diseases such as human immunodeficiency virus (HIV) and Hepatitis. The Departments of Corrections and Health and Human Services will adhere to the recommendations promulgated by the U.S. Departments of Labor and Health and Human Services in the Joint Advisory Notice (JAN): Protection Against Occupational Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV) (Federal Register, October 30, 1987) which is herein incorporated by reference. In complying with the "JAN", the word "should" will be interpreted as "shall", with the exception of the categorization of all working conditions and the tasks that workers are expected to encounter as a consequence of employment. The Department will apply these
recommendations to Security Unit employees as well as health care workers.
The employer shall make a Titer Test available to employees during the 60-day period following completion of the series of Hepatitis B shots.
A variety of testing opportunities involving communicable diseases will continue to be available to employees in accordance with Departmental policy. When an occupational exposure to blood or other potentially infectious materials occurs, the Department will initiate post exposure prophylaxis and offer to begin medication within the stated time frames.
Departments will follow all of their exposure control plans, protocols, policies and procedures. Personnel identified in Departmental documents addressing communicable diseases shall fulfill their outlined responsibilities. In addition, Departments shall carry out any monitoring responsibilities referenced in such documents regarding the performance of designated treatment centers. Medical costs associated with an occupational exposure will be borne by the Employer.
Upon approval of a revised Policy Directive in the Department of Corrections addressing the control of communicable bloodborne diseases, the Michigan Corrections Organization may reopen negotiations on this topic.
The departments will also adhere to applicable Federal and Michigan statutes and administrative rules relating to protection from health hazards in the workplace.
The departments will ensure that their respective plans and policies, and their successors, established pursuant to applicable Federal and State Occupational Safety and Health Statutes and Implementing Regulations, are enforced and that other measures established by OSHA/MIOSHA are followed.
An ad hoc committee will timely meet following approval of the agreement and discuss the effectiveness of the current Hepatitis vaccination program, communicable disease procedure, methods of employee notification and information sharing, associated training, including training on how to handle infected prisoners, and recommend
any additional effectiveness measures to be taken. As issues involving Hepatitis arise, the parties shall meet upon the request of either party to discuss the issue and make recommendations. This ad hoc committee shall meet within 30 days of approval of this Agreement to discuss precautions and preventive measures for antibiotic resistant organisms.
The Employer reserves the right to require the wearing of foot protection by employees. In such cases, the Employer will provide a safety device or, if the Employer requires the employee to purchase approved safety shoes, the Employer will pay an allowance, not to exceed the established contract price approved by the State Purchasing Division, during January of each year.
When the Michigan Department of Licensing and Regulatory Affairs or Health and Human Services, or a State, County, City or Township Fire Marshal inspects a state facility pursuant to MIOSHA, a Union official (if on duty at such work site) shall be notified by the Employer and, consistent with the operational needs of the Employer, be released from work without loss of pay to accompany the inspector. The Union shall have a right, consistent with the above, to accompany other inspections conducted for the protection of the work force and as a result of a Labor-Management agenda item. The Employer agrees to provide the Union with a copy of any inspection report left with or returned to the Employer.
The Employer or Insurance Carrier will pay the cost of repairing or replacing eye glasses, watches, dentures, articles of clothing or other personal items damaged in the line of duty in accordance with applicable regulations of the State Administrative Board (Procedure 0620.02, issued January 6, 1997), and unless otherwise reimbursed.
Claims shall be processed as expeditiously as possible and reimbursement for valid claims shall not be unduly delayed.
A claim that the employing department has violated the applicable Administrative Procedure shall be grievable in accordance with Article 9 of this Agreement. An appeal from a State Administrative Board
decision on a claim filed pursuant to the applicable Administrative Procedure shall not be grievable under this Agreement.
Within budgetary and space limitations, the Employer agrees to attempt to provide reasonable secure storage space for wearing apparel and authorized personal property of employees. Locations and a timetable will be taken up in Labor-Management Meetings.
Where job duties require, and State Accounting Regulations and budget limits permit it, the State will make a reasonable effort to honor an employee's request to advance the employee some reasonable portion of the cost for replacement glasses, if there is no question that the employee will be eligible for reimbursement.
If the employee's claim is subsequently denied, or granted in an amount less than the amount advanced, the employee shall reimburse the department accordingly.
If the Employer is unable to meet the requirements of any section of this Article due to lack of funds or some other reason beyond the Employer's control, the Employer shall make a positive effort to undertake corrective action or seek other alternatives. Grievances alleging failure to comply with Section A. of this Article and posing a clear and present danger to the health or safety of employees, if filed, shall be filed initially at Step 2 of the grievance procedure.
Upon the Union's request, each Agency or work location shall provide to the Union for review and comment a copy of nonconfidential portions of existing emergency evacuation and mobilization plans. The Local Chapter president shall be entitled to make input into the annual mobilization plan review at the facility. Such input shall be on a confidential basis. The Union shall be entitled to consult with the Employer and make recommendations on the content of mobilization training. The Local Chapter President shall also be entitled to participation in the facility's post-mobilization critique if one is conducted.
1. Testing. The Employer may require an employee to submit to urinalysis drug screening and/or alcohol breath testing under the circumstances set forth below in Subsections a. through e.
An employee may refuse to submit to a drug screening or alcohol test. However, the employee shall be warned that such refusal constitutes grounds for discipline equivalent to that imposed for a positive test result, and then allowed an opportunity to submit to the testing as though the employee had originally complied with the order.
a. Preappointment Testing: An employee not occupying a test- designated position shall submit to a urinalysis drug screening if the employee is selected for a test-designated position. The employee shall not perform any duties of a test-designated position until the employee has submitted to and passed a drug screening. If the employee fails or refuses to submit to the drug test, interferes with a test procedure, or tampers with a test sample, the employee shall not be appointed or otherwise placed in the test-designated position and will be ineligible for appointment to or placement in a test-designated position for a period of three years. Also, the employee may be disciplined if the employee fails a drug test, refuses to submit to the drug test, interferes with a test procedure, or tampers with a test sample.
b. Random Testing: An employee in a test-designated position may be selected at random from a pool comprised of test-designated positions covered by this Agreement. The number of urinalysis drug screenings performed at random each calendar year may not exceed 15% of the number of test-designated positions in the pool. The number of alcohol breath tests performed at random each calendar year may not exceed 15% of the number of test- designated positions in the pool.
c. Reasonable Suspicion Testing: An employee may be required to submit to urinalysis drug screening or alcohol breath testing based on reasonable suspicion. Reasonable suspicion means a belief, drawn from specific objective facts and reasonable inferences drawn from those facts in light of experience, that an employee is using or may have used drugs or alcohol in violation of this Agreement or a departmental work rule. By way of
example only, reasonable suspicion may be based upon any of the following:
(1)Observable phenomena, such as direct observation of drug or alcohol use or the physical symptoms or manifestations of being impaired by, or under the influence of, a drug or alcohol.
(2)A report of on-duty or sufficiently recent off/pre-duty drug or alcohol use provided by a credible source.
(3)Evidence that an individual has tampered with a drug test or alcohol test during employment with the state of Michigan.
(4)Evidence that an employee is involved in the use, possession, sale, solicitation, or transfer of drugs or alcohol while on duty, while on the employer’s premises, or while operating the employer’s vehicle, machinery, or equipment.
The basis of support for the reasonable suspicion drug screening or alcohol test will be documented by a trained supervisor. An employee shall not be required to submit to a reasonable suspicion drug screening or alcohol test without the individualized expressed approval of the employer designated drug and alcohol testing coordinator (DATC) or his/her designee.
d. Post Accident Testing: An employee in a test-designated position shall submit to a drug test or an alcohol test if there is evidence that the employee in the test-designated position may have caused or contributed to a serious work accident. A serious work accident is defined as an on-duty accident resulting in death, or serious personal injury requiring immediate medical treatment, that arises out of any of the following:
(1)The operation of a motor vehicle (2)The discharge of a firearm
(3)A physical confrontation
(4)The provision of direct health care services
(5)The handling of dangerous or hazardous materials
e. Follow-up Testing: An employee shall submit to unscheduled follow-up drug and/or alcohol testing if, within the previous 24-
month period, the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a preappointment drug test, or was disciplined for violating the provisions of this Agreement and Employer work rules.
The Employer may require an employee who is subject to follow- up testing to submit to no more than six unscheduled drug or alcohol tests within any 12 month period.
2. Test-Designated Positions. For purposes of this Section, test- designated positions are:
a. A safety-sensitive position in which the incumbent is required to possess a valid commercial driver’s license or to operate a commercial motor vehicle, an emergency vehicle, or dangerous equipment or machinery.
b. A position in which the incumbent possesses law enforcement powers or is required or permitted to carry a firearm while on duty.
c. A position in which the incumbent, on a regular basis, provides direct health care services to persons in the care or custody of the state or one of its political subdivisions.
d. A position in which the incumbent has regular unsupervised access to and direct contact with prisoners, probationers, or parolees.
e. A position in which the incumbent has unsupervised access to controlled substances.
f. A position in which the incumbent is responsible for handling or using hazardous or explosive materials.
Additional test designated positions in other classifications whose duties are not as provided in Subsections a. through f. above shall be subject to the provisions of this Article pursuant to secondary negotiations.
New classifications, or levels added to existing classifications, may include duties consistent with those identified for test-designated positions in Subsections a. through f. above. The Employer shall
meet with the Union to review the new classification or level prior to requiring an employee in the new class to submit to testing under this Section.
3. Drug and Alcohol Testing Protocol.
a. Protocol. The Employer will adopt the U.S. Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs as the protocol for drug testing and the U.S. Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs for alcohol testing.
After adoption of the protocol, and its implementation, the protocol shall not be subject to change except by mutual agreement of the parties and approval by the Civil Service Commission.
b. Definitions. The parties agree to incorporate in this Agreement the definitions contained in the U.S. Department of Workplace Drug Testing Programs, as may be amended, and in the U.S. Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing, as may be amended. In addition, the parties agree to define credible source as, “one who is trustworthy and entitled to be believed. One who is entitled to have his/her oath or affidavit accepted as reliable, not only on account of his/her good reputation for veracity, but also on account of his/her intelligence, knowledge of the circumstances, and disinterested relation to the matter in question. One who is competent to testify”.
4. Union Representation. Employees may confer with an available Union representative on site (if available on site), or through a telephone conference, whenever an employee is directed to submit to a reasonable suspicion alcohol or drug test, provided such contact will not unreasonably delay the testing process.
5. Review Committee for Drug and Alcohol Testing. A committee consisting of three representatives of the SEIU Coalition and three representatives of the Employer will meet, upon request of either party, to review testing data and discuss problems related to the administration of the testing program. The committee may vote on
matters it discusses. The committee’s recommendations, if any, will be submitted to the Employer for its consideration. Recommendations voted on by the committee will be reported as without recommendation if based on a 3-3 tie vote and as a unanimous recommendation for any vote other than 3-3.
Upon written request, but not more than twice a year, the Employer will provide the name and Employee identification number of all Bargaining Unit employees who were actually tested for the previous time period, including the test date.
6. Required Treatment. In the event of a positive test, and in the further event that a sanction less than discharge is imposed, the employee shall be referred to a substance abuse professional for assessment and, if necessary, treatment.
7. Self-Reporting. An employee who voluntarily discloses to the Employer a problem with drugs or alcohol shall not be disciplined for such disclosure if, and only if, the problem is disclosed before the occurrence of any of the following:
a. For reasonable suspicion testing, before the occurrence of an event that gives rise to reasonable suspicion that the employee has violated this Agreement or a department work rule.
b. For preappointment testing, follow-up testing, and random testing, before the employee is notified he/she has been selected to submit to a drug test or alcohol test.
c. For post-accident testing, before the occurrence of any accident that results in post-accident testing.
After self-reporting, the Employer shall permit the employee an immediate leave of absence, subject to the provisions of Article 19, Leaves of Absence Without Pay, to obtain medical treatment or to participate in a rehabilitation program. In addition, the Employer shall remove the employee from the duties of a test-designated position until the employee submits to and passes a follow-up drug or alcohol test. The Employer may require the employee to submit to further follow-up testing as a condition of continuing or returning to work.
An employee may take advantage of this provision no more than two times while employed in the Classified Service. An employee making a report is not excused from any subsequent drug or alcohol test or from otherwise complying in full with this Section. An employee making a report remains subject to all drug and alcohol testing requirements after making a report and may be disciplined as the result of any subsequent drug or alcohol test, including a follow-up test.
8. Confirmation Alcohol Testing. If an employee is tested for alcohol and is determined to have a blood alcohol level equal or greater than 0.02% in both the initial evidentiary breath test (EBT) and the confirmation evidentiary breath test, at the employee’s option and at the employee’s full cost, the employee may elect to have a second confirmation test carried out by drawing a sample of blood and submitting it for testing at an approved laboratory. This option is only available if the testing site where the two positive breath tests were conducted is equipped to draw the blood and either directly provide for its testing for level of blood alcohol or transport the sample to a laboratory which is certified to test the sample for level of blood alcohol. The protocol for such confirmation blood testing for alcohol (including but not limited to chain of custody, security, integrity and identity of sample, transportation to testing laboratory if required, reporting of results, etc.) shall be determined prior to initiation of alcohol testing under this Section and shall be a topic for discussion in the committee established in this Section. The employee shall remain off the job until the results of the second confirmation test are provided to the Employer and may use available leave credits, if desired.
9. Positive Drug Test Results. Upon written request the Employer will provide to the Union at no cost the initial screening positive drug test results (litigation package) on employees who test positive.
The issue of providing, testing, developing and upgrading personal protective devices for members of the Bargaining Unit may be addressed in departmental Labor-Management meetings.
The Employer intends to staff unit work assignments at safe levels. If an individual assignment is closed down or on-shift training is conducted, it shall be done in a manner which does not diminish the safety of Bargaining Unit employees in other unit assignments which remain active. If an alleged violation of this Article is grieved, the burden of proof that staff safety is diminished will rest with the Union.
This confirms that it is the joint intent and expectation of the Michigan Departments of Corrections (MDOC) and Health and Human Services (MDHHS), the Michigan Corrections Organization (MCO), and the Office of the State Employer (OSE) that the safety of Security Unit employees will be given maximum attention and consideration as such employees are placed in assignments. Within the legislative appropriations available to MDOC/MDHHS, all reasonable efforts will continue to be undertaken to assure that Security Unit employees are not placed in assignments which appear to pose a higher-than-normal risk of inmate/patient physical assault on the employee unless, through the exercise of his/her own due diligence and care, the Security Unit member would be within the general view and/or voice-range of another employee at virtually all times.
The standard for determining whether or not an assignment would pose a higher-than-normal risk of physical assault by an inmate/patient may be developed and adopted by MCO and MDOC/MDHHS jointly, but in the absence of such mutually accepted standard, shall be whether past and/or present events and circumstances (such as previous physical assaults), and reasonable and informed inferences drawn there from, would suggest the Unit member would be vulnerable to inmate/patient assaults.
The MDOC/MDHHS and MCO will continue to work jointly and cooperatively to identify situations where Security Unit members are working in isolated single-employee assignments. Moreover, the MDOC/MDHHS and MCO will discuss (and attempt to reach agreement on) as many principles as possible concerning the criteria to be considered by the MDOC/MDHHS in determining when the Security Unit member, while working in general view and/or voice- range of another employee, should be furnished with other personal safety devices and measures.
The MDOC/MDHHS will continue to affirmatively seek legislative appropriations, through the established executive and legislative branch procedures, sufficient to fund staffing in current and additional positions which will minimize the occasions when Security Unit members are placed in higher than usual risk single-employee assignments.
Section R. Social Security Numbers and Personal Information. When personal information is requested of an employee by the Employer, such information shall be held in confidence and in a secure location by the Employer. If unauthorized persons do obtain Social Security Numbers or personal information, the Employer will take immediate steps to contain and retrieve the information, including steps to prevent further unauthorized access.
ARTICLE 13 SENIORITY
For the purposes of bumping, layoff and recall, seniority shall have that definition provided for in Section C. of this Article and Article 14, Sections D.4 and D.5.
For purposes of computing eligibility for any fringe benefit, seniority shall have that definition provided in the Article of this Agreement which establishes or continues such fringe benefit.
For all other purposes stated in this Agreement, seniority shall consist of the total length of service in any and all Bargaining Unit classes, provided there is no break in continuous state service. No hours paid in excess of 80 in a biweekly pay period shall be credited. No hours shall be credited for time in non-career appointments, lost time or unpaid suspensions (if not made up through overtime in the same pay period), suspension, leave of absence without pay (other than military leave of absence for up to 10,400 hours in accordance with Federal statute), or layoff. Upon request of the Union an employee granted a military leave of absence shall also be credited with bargaining unit
seniority for non-paid time spent receiving medical care resulting from service in the military, even if not recalled to military duty.
1. Workers’ Compensation.
Employees off work due to injury or illness compensable under Workers’ Compensation shall continue to accumulate seniority for the full period of illness or injury or disability precisely as though they had been working an 80-hour pay period.
2. Ionia State Hospital and Riverside Mental Health Seniority.
All experience earned at the Ionia State Hospital or Riverside Mental Health Facility will be counted as continuous service in the class series that the employee was in, on the effective date of the initial contract, which was February 1, 1981.
3. Seniority Earned Prior to February 1, 1981.
Employees who had time in Security Unit classes prior to February 1, 1981 will not have that time deducted from their current seniority.
4. Seniority Tie-Breaking.
In the event two or more employees have the same seniority, seniority of the one as against the other shall be determined by giving the greater seniority credit to the employee with the highest New Employee School graduation score.
To break ties which exist thereafter, and when one or more of the employees in the seniority tie does not have a New Employee graduation score, the last four digits of the Social Security number shall be used to break such ties, with preference going to the employee with the lowest number.
5. Breaks in Service.
An employee's continuous service record shall be broken and not bridged when the employee separates from state classified service.
An employee who returns to a career position within the Bargaining Unit after a break in service shall have his/her total previous
Bargaining Unit seniority hours credited upon request to his/her facility personnel office.
The Employer will be required to apply seniority as defined in this Article only as specifically provided in this Agreement and subject to any limitations set forth in any particular Article or Section of this Agreement.
When the Employer becomes responsible for a function previously administered by another government agency, a quasi-public, or a private enterprise, the seniority of employees who become Bargaining Unit members as a result of this change shall be their date of appointment into state service unless the legislation or an Executive Order causing such appointment, or Civil Service Commission action, specifies differently. Such seniority will be changed only where the employee is separated by reason other than layoff, suspension or approved leave of absence.
The Employer will prepare seniority lists structured by Department, Work Location, and classification, (each level within a series is a separate classification) showing the Bargaining Unit seniority (as defined in Section C. of this Article) of all Bargaining Unit employees on the payroll on the preparation date. The seniority lists for a work location shall be prepared at the end of the first pay period that reflects the seniority earned and credited through the end of the last full pay period in July and at the end of the first pay period that reflects the seniority earned and credited through the end of the last full pay period in January and will be made available for review by employees. A copy of the current seniority list shall be furnished to the Union.
Any employee or the Union shall be obligated to notify the Employer of any error in the current seniority list within 30 calendar days of the date such list was made available for review by the employees or provided to the Union, whichever is later. If no error is reported within such reporting period, the list will stand as prepared and will thereupon become effective. Any error timely reported shall be corrected promptly.
Current seniority shall be updated and recomputed where necessary to: Add or remove the name of an employee transferring into or out of
the work location and/or classification, as applicable; resolve a dispute arising from lost time incurred subsequent to the publication of the then-current seniority list; and determine the relative seniority of employees for purposes of implementing a layoff, in which case the pay period ending closest to, but before, the date of notice of layoff to the Union shall be used.
For purposes of this Article, probationary employees shall be granted no seniority rights. Upon successful completion of the probationary period, such employees shall have credited to them the number of hours which they accumulated during their probationary period. However, this provision does not prohibit departments and agencies from rank ordering probationary employees--only among themselves-- within the work location, layoff unit and classification.
LAYOFF AND RECALL PROCEDURE
MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to:
1. Temporary (Emergency) layoff of less than 20 cumulative calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six days per fiscal year during the term of this Agreement.
This temporary layoff will only be used for emergency situations, defined for this Article as follows:
(a)Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or
(b)Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency.
Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation.
The following provisions shall apply in the event a temporary layoff is implemented:
Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.
Notice to Union: The department or agency will give the Union at least 15 calendar days written notice of the date or dates on which the Employer plans to implement temporary layoffs of all or some Bargaining Unit employees. This notice will identify the work locations where the department/agency intends to implement a temporary layoff and the effective dates of the temporary layoffs;
Notice to Employees: The department or agency will give notice to the employees to be laid off at least seven calendar days before the first day of layoff. Such notice may be in the form of individual written notice to employees, posting at the worksite, or other method of notice as determined by the Employer. The department or agency is not required to give the Union concurrent notice containing information such as employee names, classification, seniority, work
location, shift assignments or other detailed information; however, the department or agency shall provide the Union with a concurrent copy of whatever notice is provided to Bargaining Unit employees.
Exempt Work Location Notice: If a work location is completely exempt from temporary layoff, the department or agency will post a notice so stating at least seven calendar days before the first day of temporary layoffs at other work locations.
2. Voluntary Indefinite Layoffs, as provided in Section C. of this Article.
3. Exceptions agreed to in writing in letters of understanding by the Union, the departmental employer, the Office of the State Employer, and approved by the State Personnel Director and/or the Civil Service Commission.
4. The expiration of a limited term appointment. An employee with status acquired in a limited term appointment and separated because of the expiration of that appointment may be reinstated within three years in any vacancy in any Department in the same classification as that from which the employee was separated. Such reinstatement may precede employment of any person from a promotional list and any person with less seniority on a layoff list. This Section shall not apply in the case of a continuing state classified employee who accepted an appointment to a limited term position under the same Appointing Authority at a higher level; in this situation, not more than six months (1040 hours) of service earned in the limited term position shall be considered Unit seniority and shall be applied at the former (lower) level upon expiration of the limited term position.
When the Employer determines there is to be a layoff of more than 20 calendar days, employees who are scheduled to be involuntarily laid off shall be given written notice not less than 15 calendar days prior to the effective date of layoff. The Employer will, when layoffs are being planned, inform MCO as soon as practicable and, upon request, discuss the potential impact upon Unit employees caused by such layoff. The Employer shall furnish MCO concurrent written notice of the name, seniority, classification, and current work location of employees scheduled to be laid off.
In the event the Employer plans a temporary reduction in hours of employment for full time employees, other than a temporary layoff of less than 20 calendar days, the parties will discuss such plans and, upon mutual agreement only, such plans may be implemented. Other alternatives to layoff shall be subject to the same mutual agreement requirements.
Nothing in this Article shall preclude an individual employee from requesting a reduction of his/her hours and nothing shall preclude the Employer from granting such request consistent with operational needs. Layoffs designated as temporary by the Employer shall not be considered as a reduction in hours under this Article or Agreement.
When the Employer elects to reduce the workforce, employees within the affected classifications and Layoff Units may request, in writing, preferential layoff out of line seniority. If granted, the Employer shall not contest the employee's eligibility for unemployment compensation. Employees shall be placed on recall lists in accordance with this Article.
In the event such employee is disqualified from collecting unemployment compensation benefits solely due to the voluntary preferential nature of the layoff, upon the employee furnishing satisfactory written documentation of such denial to the Employer, the Employer shall immediately cancel such layoff and shall recall the employee, subject to the 15 day layoff notice period required by this Agreement.
1. Layoff Unit shall be defined as Work Location as defined in Article
3. In the event of closure of or a significant reduction at a work location the Layoff Unit shall be determined by the mutual agreement of the parties unless altered through secondary negotiations.
If operations at a work location are significantly reorganized, consolidated or Bargaining Unit work is transferred to a new or different existing facility (whether causing layoffs or not) at the original work location, any dispute regarding how the Sections of this Article are to be applied to such circumstances will be subject to departmental
Labor-Management meetings and/or the conference procedure provided in Article 11, Section E. of this Agreement. Any agreements reached in such meetings shall be in writing. Such meetings shall not operate to delay implementation of these provisions. For purposes of this Subsection, the term “significantly reorganized” shall be determined in secondary negotiations.
2. Within a Layoff Unit, layoff shall be by Civil Service classification within a series as defined in Section E.
3. Employees within the affected Layoff Unit shall be laid off in inverse seniority order, as defined in Article 13 C. and Subsection D.4 and
D.5 of this Article.
However, the Employer may lay off and recall by out-of-line seniority because of:
a. Gender, as provided by law or court order;
b. Civil Service Commission approved selective certification;
c. Voluntary layoffs;
The exceptions listed in a. and b. above shall only be made where there is a valid occupational requirement and no alternative exists for preferring the less senior employee.
The Employer shall give notice of such intent to the Union and, in accordance with Civil Service Rules and Regulations, shall meet and confer with MCO about the impact of such determination.
4. When an employee is transferred or promoted out of the Bargaining Unit, the employee shall retain the Bargaining Unit's seniority accumulated up to the date of such transfer or promotion for purposes of exercising bumping rights within the Bargaining Unit under this Agreement.
Any person employed in a first or second level supervisory capacity over positions assigned to this Bargaining Unit shall have all service accumulated in such supervisory capacity as of October 1, 1980 credited as seniority in the class series in which the supervisor was last employed in the Bargaining Unit. However, no service accumulated in such supervisory capacity subsequent to October 1, 1980 shall be
credited as seniority for purposes of bumping within the Bargaining Unit.
An employee laid off out of line seniority order under the provisions of Subsection D.3. above shall continue to receive seniority credit for the period of layoff, not to exceed five years, provided that a less senior employee in the same class and level is still working in the layoff unit from which the employee was laid off.
5. Chief Stewards and members of the MCO Executive Council, if employed in the Bargaining Unit, shall be considered as more senior than other members of the layoff unit, but only at their current facility during the term of their respective office and only for the purposes of layoff and recall (excluding voluntary and/or temporary layoffs). Not more than two employees at any one work location or facility shall be accorded such seniority status at any one time. Any such official at a closing facility shall only exercise bumping preference and recall in accordance with bargaining unit seniority.
6. No employee within a Security Unit layoff unit with Civil Service status (examined, certified eligible, and satisfactorily completed a probationary period) shall be laid off from the affected classification until all Security Unit employees within the layoff unit who are without status and who are employed in the affected classification are laid off.
The employee scheduled for layoff under Section D. may elect to either accept layoff or bump in accordance with the process outlined in this Section.
An employee scheduled for layoff who fails or is unable, in accordance with Section D.3., to exercise the option to bump to the least senior position shall be laid off.
Within seven calendar days of receipt of notification of layoff, the employee scheduled for layoff shall notify the Employer of his/her decision to either accept layoff or bump within his/her current class series, as listed below. Alternatively, an employee may bump into the least senior position in the layoff unit in a former class series at or below any level at which the employee had satisfactorily completed the required probationary period. This alternative shall not apply to
employees who were demoted from the higher paying class for disciplinary reasons or who transferred from the higher paying classification in less than satisfactory employment status.
An employee seeking to bump into another position must meet all requirements in accordance with Section D.3.
As a result of bumping, an employee shall not earn more than the maximum rate of the lower classification bumped into or more than the rate previously earned in a higher classification from which the employee bumped. When an employee bumps downward, he/she shall be paid at that step in the lower level pay range which credits the service in the higher level range(s) to the step at which the employee was paid when promoted from a lower level.
Classifications in a Class Series
Classes in Series
Corrections Medical Aide
Corrections Medical Officer 8
Corrections Medical Officer E9
Corrections Medical Unit Officer E10
Corrections Officer 8
Corrections Officer E9
Resident Unit Officer 10
Forensic Security Aide
Forensic Security Assistant 8
Forensic Security Assistant 9
Forensic Security Assistant E10
Special Alternative Incarceration Officer
Special Alternative Incarceration Officer 9
Special Alternative Incarceration Officer E10
Bump process--after the parties have identified the layoff unit:
1. The Employer shall identify the vacancies and least senior employees within the layoff unit equal to the number of positions being abolished within the layoff unit. These least senior employees shall be issued layoff notices.
2. If the layoff unit contains more than one work location, employees remaining in the layoff unit who are displaced from their original work location (due to the closure, reduction consolidation, etc.), will be placed in existing vacancies or the vacated positions identified in step 1 above. Placement into these positions shall be in seniority order based on preferences provided by the employees.
3. Employees remaining in the layoff unit may request an exchange transfer (one for one transfer) with any bargaining unit member in the same classification in accordance with Article 15 Part D §A.6., either within or outside the layoff unit. Exchange transfers shall not be unreasonably denied and will be processed with the rest of the layoff unit moves, if possible. In addition, during the bump process, exchange transfers occurring within this Article shall supersede all other closer to home and seniority based transfers or recalls, as no vacancy exists. Requests for exchange transfers shall be in writing by both employees requesting to exchange.
4. The parties may reach mutual agreement to modify the process to minimize impact on affected employees as necessary.
1. Laid Off Employees. Recall lists shall be maintained by seniority for each classification for the layoff unit affected by layoff. Each laid off employee shall automatically have his/ her name placed upon the layoff unit recall list, in order of seniority, for the classification, and layoff unit, from which he/she is laid off.
In addition, each laid off employee shall have the right, upon request, to have his/her name placed upon a departmental recall list, in order of seniority, for the classification from which he/she is laid off, for each layoff unit at which he/she will accept recall. The employee shall notify the Employer in writing of his/her designation within seven calendar days subsequent to being laid off. The Employer will furnish a standardized form to each employee for recall designation. Return from a departmental recall list shall be in order of seniority.
In addition, the laid off employee shall have the right to have his/her name placed upon the layoff unit recall list, in seniority order, for such additional classifications in which he/she has satisfactorily completed a probationary period in this bargaining unit. Such
employee shall also have the right to have his/ her name placed on departmental lists(s), and statewide interdepartmental recall lists for such position(s) as provided above.
2. Transfer in Lieu of Layoff. In the Department of Corrections, an employee who is not actually laid off from a work location that has scheduled layoffs---but who transfers to another work location in lieu of being laid off---shall be placed on the layoff unit recall list for the employee’s classification for the work location from which the employee transferred, but only under the following conditions:
a. The Employer has formally notified the Union of its plans to schedule layoffs at the employee’s original work location; and
b. The employee’s original work location is not closing; and
c. The employee’s classification is one in which layoffs are being scheduled at the employee’s original work location; and
d. The effective date of the employee’s transfer to the different work location is later than the date the Employer notifies the Union of its plans to schedule layoffs at the original work location, but before the effective date of the layoffs at the original work location.
Such transferred employee shall be recalled from the original layoff unit recall list in the same manner as if he/she had actually been laid off from that work location.
Implementation of this procedure shall be monitored by the Department of Corrections Central Personnel Office.
3. Administration of Lists. An employee may delete in writing a classification or designated work location from any list upon which his/her name appears without penalty at any time prior to the recall notice being sent.
If there is an error in the administration of the system which leads to improper recall, such recall shall be corrected; however, for a 14 day period following the date the Employer became aware of improper recall, the Employer shall have no financial liability including back pay to the employee not properly recalled.
The provisions of this Section shall be applied subject to the exceptions listed in Section D.3. of this Article. Notice of recall shall be sent to the employee at his/her last known address by registered or certified mail.
When the Employer intends to fill a vacancy by means other than bump, or reassignment or transfer within the Work Location, the Employer shall recall the most senior employee who is on the layoff unit recall list for such classification.
If no employee is on such layoff unit recall list, the Employer shall recall the most senior employee from the Departmental recall list for the classification provided for in Section F. of this Article.
If no employee is on such Departmental recall list, the Employer shall recall one of the three most senior employees from the statewide recall list for the classification provided in Section F. of this Article.
The shift (and current days off of the vacancy where appropriate) to which a recalled employee is assigned shall be in accordance with the recalled employee’s seniority in accordance with Article 15.
The employee’s right to recall shall exist for a period of up to three years from the date of layoff. Prior to that time employees may renew their recall rights for another three years by giving written notice to the Employer.
If an employee fails to respond within ten calendar days from the mailing date of the recall notice, his/her name shall be removed from recall lists. In addition, his/her name shall be removed from recall lists as provided below:
1. An employee who refuses recall to employment in his/her layoff unit in his/her primary class shall be removed from all recall lists as a voluntary resignation.
2. An employee who accepts recall to employment in his/her layoff unit and his/her primary class shall be removed from all recall lists.
3. An employee who refuses or accepts recall to a secondary class on the layoff unit recall list shall be removed from all lists for such secondary class.