RECOGNITION. Section 1. The Employer recognizes the Union as the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board. Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section A. The Board recognizes the BVCEA as the sole and exclusive bargaining agent as regards wages, rates of pay, hours of employment and other conditions of employment for all employees in Unit C. Unit C consists of all regular (not temporary) employees in the Operations, Maintenance, Food Service, Transportation (including Bus Assistants, Security and all lead workers, but excluding all administration, office, professional and technical employees, call-in substitutes and temporary employees).
B. The District shall provide for payroll deduction for membership dues for members of the BVCEA. Deductions for BVCEA dues shall be voluntary. Employees will be required to complete a payroll deduction authorization and file it with the payroll office prior to any payroll deduction being made for this purpose. The District shall forward the aggregate of all such dues collected to the Treasurer of the BVCEA by the fifteenth of the month following the month for which collected.
C. BVCEA REPRESENTATIVES
1. The Employer recognizes District will recognize members of the Union negotiating committee as provided for under Article 4 and members of the exclusive bargaining representative BVCEA who have been assigned a specific role in the Grievance Procedure under Article 5 of this Agreement.
2. No BVCEA member assigned a role in the above procedures will be recognized under the terms of this Agreement until the President of the BVCEA has notified the Assistant Superintendent of Human Resources in writing.
3. Time required by officers and stewards of the BVCEA for all classified employees in positions represented meetings called by the Union at Administration on District and/or BVCEA matters during working hours shall be paid for by the universities designated District.
4. In the exercise of any function outlined in Article 1 - Parties to the Agreement, hereinafter referred the BVCEA officer must notify his/her supervisor and the supervisor of the department or school where the official is going for the transaction of valid BVCEA business.
5. For the purpose of the grievance procedure, under Article 5 of this Agreement, BVCEA may designate up to twelve (12) employees to serve as employees or bargaining unit employeesarea stewards. The Union BVCEA will determine its method of selection. The President of BVCEA and one area ▇▇▇▇▇▇▇ shall be designated chief stewards. In the event an area ▇▇▇▇▇▇▇ is also unable or unwilling to process a grievance, the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardchief ▇▇▇▇▇▇▇ may do so.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy D. MAIL: The BVCEA may make reasonable use of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect District’s mail services for communication to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)employees.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer recognizes the Union as the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s his/her layoff rights under Article 44 48 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. (a) The Employer recognizes and acknowledges that the Union as Teamsters National Freight Industry Negotiating Committee and Local Unions affiliated with the International Brotherhood of Teamsters are the exclusive bargaining representative for representatives of all classified employees in positions represented the classifications of work covered by this ABF National Master Freight Agreement, and those Supplements thereto approved by the Union at Joint National Negotiating Committees for the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A purpose of this collective bargaining agreementas provided by the National Labor Relations Act. Subject to Article 2, have worked an average Section 3 - Non-covered Units, this provision shall apply to all present and subsequently acquired over-the-road and local cartage operations and terminals of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentEmployer. This recognition does provision shall not apply to wholly-owned and wholly independently operated subsidiaries of the Employer which are not under contract with local IBT unions. “Wholly independently operated” means, among other things, that there shall be no interchange of freight, equipment or personnel, or common use, in whole or in part, of equipment, terminals, property, personnel or rights.
(b) All present employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy members of the current position description, including a statement of Local Union on the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of this subsection or on the date of execution of this Agreement, whichever is the Employerlater, shall remain members of the Local Union as a condition of employment. Union membership for purposes of this Agreement, is required only to the extent that employees must pay either (i) the Union’s notice, initiation fees and periodic dues or (ii) service fees which in the Union case of a regular service fee payer payor shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days be equal to the Union’s challenge initiation fees and indicate whether it intends to continue with periodic dues, and in the exclusion case of an objecting service fee payer payor shall be the proportion of the positioninitiation fees and dues corresponding to the portion of the Union’s total expenditures that support representational activities. Upon request All present employees who are not members of either partythe Local Union and all employees who are hired hereafter shall become and remain members of the Local Union as a condition of employment on and after the thirty-first (31st) calendar day following the beginning of their employment or on and after the thirty-first (31st) calendar day following the effective date of this subsection or the date of this Agreement, whichever is the later. An employee who has failed to acquire, or thereafter maintain, membership in the Union as herein provided, shall be terminated seventy-two (72) hours after ABF his/her Employer has received written notice from an authorized representative of the Local Union, certifying that membership has been, and is continuing to be, offered to such employee on the same basis as all other members and, further, that the employee has had ten (10) days’ written notice from the Union (with a copy to the Employer) of the delinquency and opportunity to make all dues or initiation fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. For purposes of this Article, “present employees” and “employees who are hired hereafter” shall include “casual employees” as defined in Article 3, Section 2 of this Agreement. Such “casual employees” will be required to join the Union prior to their employment on or after before the thirty-first (31st) calendar day following their first (1st) day of employment for any Employer shall meet at a mutually agreed time within the initial thirty (30)-day period signatory to discuss the exclusion(s)this Agreement.
Appears in 5 contracts
Sources: National Master Freight Agreement (Arkansas Best Corp /De/), National Master Freight Agreement, National Master Freight Agreement
RECOGNITION. Section 1. The Employer recognizes the Union as the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: who perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer recognizes the Union as the exclusive bargaining representative agent of the employees defined herein, in respect of wages, hours of work and other working conditions.
2.02 No person shall hold meetings, collect Union funds, solicit membership or conduct any other such Union activities during working hours on the property of the Employer except such activity as is specifically permitted by this Agreement.
2.03 The Employer shall deduct from each pay of each employee the dues and assessments of the Union. The Union shall notify the Employer in writing of the amount of its union dues and assessments. Such dues and assessments shall be remitted through electronic transfer of funds. Each month, a union dues report will be forwarded to the Secretary-Treasurer of the Union, not later than the 15th day of the month following the deduction. This report will include the name of each employee on whose behalf dues have been remitted, their home and campus phone number and home and campus address if available in the University’s Human Resources Management System, the total amount deducted for the month and the amount of regular pay on which the dues were taken. It is acknowledged that it is solely the responsibility of each employee to provide updated address information to Human Resources.
2.04 The Employer agrees that on the last Friday of the first month of employment and the last Friday of the fourth month of employment, all classified new employees shall be required to attend a meeting with 2 members of the Union Executive to explain the function of the Union for a period not to exceed 1 hour from the normal work day. Such employees attending this meeting plus the two members of the Union Executive in positions represented attendance shall suffer no loss in wages. It is understood by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union that where there is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the one new employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) hold a common meeting for the challenge. all such employees.
2.05 The Employer shall respond in writing within thirty (30) calendar days forward to the Union’s challenge and indicate whether it intends , within a reasonable time period, normally not to continue with exceed 30 working days, a copy of any appointment letter, resignation, termination, disciplinary warning, notice of suspension or discharge which involves any employee in the exclusion of bargaining unit.
2.06 The documents referred to in this Article shall be forwarded to the position. Upon request of either partyRecording Secretary, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).C.U.P.E.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
RECOGNITION. Section 1. 3.01 The Employer recognizes acknowledges that when duly certified as the bargaining agent for Employees described in the certificate(s) issued by the Alberta Labour Relations Board, the Union as has exclusive authority to bargain collectively on behalf of the exclusive bargaining representative Employees in the unit for all classified employees which it is certified and to bind them by a Collective Agreement.
3.02 No Employee shall be required or permitted to make any written or verbal agreement which may be in positions conflict with this Collective Agreement.
(a) For the purposes of this Collective Agreement, the Union will be represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeesits properly appointed officers. The Union is also shall provide the exclusive bargaining representative Employer with a current list of the officers' names.
(b) The Employer shall grant Union Representatives access to its premises for temporary university employees who: perform work Union business subject to the approval of Human Resources or their designate.
(c) Union membership meetings may be held on Employer premises subject to the approval of the Employer.
(d) An Employee shall have the right to wear or display the recognized insignia of the Union, however, no such insignia larger than a lapel pin or button shall be worn while on duty. No Union insignia shall be displayed on the Employer's equipment or sites.
3.04 Persons whose jobs are not in the various classifications bargaining unit shall not work on a job which is included in the bargaining unit, except in an emergency or when a regular Employee is not available or for the purposes of training or instruction and provided the act of performing the work does not reduce the hours of pay or work of any regular Employee. It is understood that the excluded personnel have the right to occasionally do the work of Employees covered by this Agreement or for the purposes of instructing new Employees and for filling shifts if no regular employee is available.
3.05 The bargaining unit shall be comprised of all employees included in the bargaining unit as described in the certification, but shall not include the Site Leader or any other position listed in Appendix A B.
3.06 Except in the case of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statusemergency, the Employer Employee agrees to provide give the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, at least ninety (90) days prior to contracting out any work which may result in the layoff of any comments it has regarding Employee in the exclusion including specific information regarding bargaining unit. Discussions will commence between the reason(sparties within ten (10) days of such notice and reasonable effort will be made to provide continuing employment for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue affected Employees with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)contractor.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
RECOGNITION. Section 1. The Employer Facility recognizes the Union as the exclusive bargaining representative agent for all classified employees covered by this Agreement whose classifications are listed in positions represented by Appendix “B” and shall apply to other classifications which may be established within the Union at scope of duties now and historically included within the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A “B.” Excluded from the bargaining unit are guards, supervisors and such other classifications as may have been historically excluded from the unit. In the event the Facility intends to subcontract work historically performed by employees covered by this Agreement; eliminate a job classification from this Agreement; permanently close the Facility or a department thereof that employs employees covered by this Agreement; or merge the Facility with or sell the Facility to another institution, the Facility shall so notify the Union at least sixty (60) days in advance of such intended action on its part and the parties shall discuss the impact of such action upon employees then working under this Agreement. Such discussions will include, but not be limited to, alternative employment for any employee who loses his/her job as a result of the change and the impact of the change on patient care. The Employer and the Union have agreed during the life of this collective Agreement to the following: In instances where the Employer is currently operating, it will recognize the Union as the bargaining agreement, have worked an average agent of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to unrepresented employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardfollowing process:
1. The Union obtains a majority of authorization cards in the classifications for which the Union is requesting recognition excluding managers, supervisors, confidential employees and other classifications as may have been historically excluded from the unit.
Section 2(A) When 2. The Union provides the Employer intends to exclude Facility with a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuslist of classifications for which the Union is requesting recognition.
3. If upon review of the submitted classifications, the Employer agrees to provide Facility challenges Union representation for a classification(s) or specific employees within a classification(s) both the Facility and the Union agree to submit the dispute to PERB.
4. If upon review of the submitted classifications the Facility and the affected employee(s) with Union agree that there is no less than thirty (30) calendar days written notice of such intent. Such notice shall include dispute, then the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion Facility and the position is not otherwise eliminated, Union agree that the employee State Medication and Conciliation Service shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)determine majority verification.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. 3.1 The Employer recognizes the Union as the exclusive collective bargaining representative agent for all classified employees in positions represented by members of the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law the Certification Order of the Nova Scotia Labour Relations Board (#LRB6307) dated December 01st, 2009 as amended, with respect to all matters properly arising under the terms of this Agreement and all amendments thereto.
3.2 No Employee within the bargaining unit shall be required or as determined permitted to make any written or verbal agreement which may conflict with the terms of this Agreement.
3.3 Whenever a new position is created by the Employment Relations Board.
Section 2(A) When Employer, which the Employer intends deems to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statusbe included within the NSGEU, the Employer agrees will provide written notification to provide the Union Employee Relations Officer for the NSGEU and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing Local President within thirty (30) calendar days Business Days. Such notification will include an indication of the department to which the Union’s challenge and indicate whether it intends position has been assigned by the Employer. Within ten (10) Business Days of receiving notification, the Employee Relations Officer may request further clarification or may request to continue meet with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)classification of such new positions. Either party may also request a meeting at any time to discuss inclusion/exclusion issues. A job description for the position will be provided to the Employee Relations Officer/Local President upon request. In the event that the parties are unable to resolve any dispute in terms of inclusion/exclusion, either party may refer the matter to the Nova Scotia Labour Relations Board for resolution.
3.4 The Human Resources Department shall notify, in writing, the President of the Local of all new Employees occupying NSGEU positions within ten (10) Business Days of their hiring or a current Employee’s relocation or resignation.
3.5 A member of the Local Executive shall be permitted time off with pay of up to fifteen (15) minutes to meet with new Employees.
3.6 The Employer agrees to supply each Employee in the bargaining unit with a copy of this Agreement as soon as possible after the signing date and also to supply one to each new Employee hired thereafter. The Employer and the Union will share equally the cost of printing such Collective Agreements.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
RECOGNITION. Section 1. The Employer recognizes the Union as the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the AgreementAgreement and for all classified positions currently represented by the Union in the Chancellor’s office, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board, and further excludes campus police officers.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s his/her layoff rights under Article 44 48 - LayoffLayoffs, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. A. The Employer University recognizes the Union as the exclusive bargaining representative agent for all classified employees in positions represented the unit certified by the Union National Labor Relations Board in Case No. 2-RC-19005.
B. Confidential Employees, Columbia University student Employees (including Teachers College and ▇▇▇▇▇▇▇ College) and temporary Employees are excluded from the unit.
C. A temporary Employee is one who is hired for a period of up to four (4) months and who is so informed at the universities designated time of hire and who is hired for a special project or to replace an Employee on leave of absence or vacation or to fill a job vacancy in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeeswhile an active search is being made for a regular replacement. The Union said four (4) month period may be extended for the length of a leave of absence. If a temporary full-time Employee is also selected to fill a vacancy within the exclusive bargaining representative for unit, or if the temporary university employees who: perform work position becomes a permanent position, the Employee will be included in the various classifications listed bargaining unit. In such cases, the immediate previous period of temporary employment shall be credited toward benefits under this Agreement; it being understood, however, that such period shall not result in any retroactive coverage or in any retroactive contributions to any benefit plan. SEE Appendix A D.
D. Effective March 1, 1995, the University agrees to notify the Union of this temporary employees who have been on the payroll of the University for sixty (60) days. The notice shall include name, date of hire, replacing who or for what purpose and department. Departments will notify the Office of Employee and Labor Relations whenever a temporary or casual employee has been employed longer than 60 days in a position which otherwise would be covered by the collective bargaining agreement, have worked an average of four (4) hours or more per week during and that Office will notify the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations BoardUnion.
Section 2(A(1) When The parties agree to establish a joint labor/ management committee consisting of three representatives from each side. A neutral member will be added to serve as facilitator of committee meetings. The University will bear the Employer intends facilitator’s fees and expenses. The facilitator for the term of this agreement will be ▇▇▇ ▇▇▇▇▇▇▇▇▇. The committee shall meet at least quarterly. The University agrees to exclude notify the Union of positions that fall into the following categories:
a. Situations where a filled bargaining unit position based on supervisory, confidential, managerial, is upgraded or reclassified to a position outside the bargaining unit; and
b. Situations where a bargaining unit position is eliminated or significantly altered (through reorganization or for any other unclassified status, reason) and replaced by a newly created or existing position outside the Employer bargaining unit.
c. Any newly-created officer position below grade 13.
(2) The Committee shall discuss the positions identified above to determine whether the position is appropriately excluded or included in the bargaining unit.
a. The University agrees to provide cooperate fully with the Union and in providing relevant information in order to meaningfully review the affected employee(s) with no less than thirty (30) calendar days written notice of such intentpositions. Such notice information will be provided in a timely fashion.
b. Disputes which cannot be resolved by the joint labor/management committee shall be arbitrated by the Facilitator. Like cases and/or cases from the same department, school or division may be consolidated by mutual agreement. The 1986 Side Letter shall survive for whatever value it has. [See Appendix A.] All cases arising on or before September 30, 2003, are settled in accordance with the side letter on page 68.
F. The University will provide new employees with information packets at time of hire. The packets will be provided by the Union, and will include the basis for the exclusion and a copy copies of the current position description, including a statement collective bargaining agreement and union membership cards. The University will notify the Union monthly of the specific duties names of employees who received the position supporting the change in status. packets.
G. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff Union will not be effective prior required to the end pay rent for use of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet premises located at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer EMPLOYER recognizes the Union ASSOCIATION as the exclusive bargaining representative for all classified the following unit of Hennepin County employees in positions represented by under the Union at Public Employment Labor Relations Act (PELRA) MS 179A.01-.30.
1. That the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or appropriate bargaining unit for first level supervisors of Employer, subject to provisions of the Public Employment Labor Relations Act (PELRA) MS 179A.01-30, is all first level supervisory employees working at least either 14 hours per week or 35% of the normal work week and more than 67 days per calendar year, excluding confidential employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work , supervisors in the various classifications Social Work Supervisors Unit, the Sheriffs Supervisors Unit, Middle Management Unit and Executive Level Managers Unit.
2. That the job classes listed in Appendix the Attachment A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during hereto comprise the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees total Employer First Level Supervisors Bargaining Unit as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of this stipulation. Should there be a dispute between the Employer’s noticeparties regarding job classes added or removed in the future, or whether an individual position should be in the Union unit, such dispute shall notify the Employer, in writing, be submitted to Bureau of any comments it has regarding the exclusion including specific information regarding the reason(sMediation Services (herein after BMS) for a determination.
3. That if in the challengefuture a majority of employees in any Employer first level supervisory job class not already represented chooses association representation, such job class shall be accreted to the Employer Supervisory Bargaining Unit. Such accretion shall be accomplished by filing a petition with BMS and a finding by BMS, through a card count, that there is a majority interest in association representation among employees in the job class proposed for accretion.
Section 2. The Employer ASSOCIATION recognizes the Labor Relations Representative designated by the Labor Relations Director, as the representative of the EMPLOYER and shall respond meet and negotiate exclusively with such representative, except as may be otherwise specifically provided in writing within thirty (30) calendar days this AGREEMENT. No agreement establishing terms and conditions of employment or other matters made between the ASSOCIATION and the EMPLOYER shall be binding upon the EMPLOYER unless the signature of the EMPLOYER's designated Labor Relations Representative is affixed thereon.
Section 3. The EMPLOYER agrees not to enter into any agreements establishing terms and conditions of employment with members of the bargaining unit under jurisdiction of this AGREEMENT either individually or collectively which in any way conflict with the terms and conditions set forth in this AGREEMENT, except through the certified representative.
Section 4. Disputes which may occur between the EMPLOYER and the ASSOCIATION over the inclusion or exclusion of job classes, with respect to the Union’s challenge bargaining unit identified in Section 1 of this Article, may be referred to the BMS for determination in accordance with applicable statutory provisions. Determination by the BMS shall be subject to such review and indicate whether it intends to continue with determination as provided by statute and rules and regulations promulgated thereunder.
Section 5. If the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time EMPLOYER establishes new job classes within the initial thirty (30)-day period bargaining unit identified in Section 1 of this Article, both parties agree to discuss the exclusion(s)negotiate on wages. However, it is understood that all other terms and conditions of this AGREEMENT will apply.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer Company recognizes the Union as the sole and exclusive bargaining representative agent for all classified of its employees at Parry Sound, Ontario, save and except supervisors, persons above the rank of supervisor, office and sales staff, students employed during the school vacation period and students employed under a cooperative education program. The Company agrees that seniority employees will not be laid off or kept on layoff during the school vacation period while students are performing work which such seniority employees are qualified and willing to perform.
2.02 The Company may have three (3) working supervisors who may, at certain times, be required to perform work normally performed by bargaining unit employees, provided there are no bargaining unit employees on layoff, or after the Company has served written notice to the employees who are to be laid off, and provided such bargaining unit work performance does not cause, directly or indirectly, the layoff of any bargaining unit employee. Beyond this, no one outside of the bargaining unit shall perform work normally performed by bargaining unit employees except as required in positions represented by product development explained to the Union at the universities designated time.
2.03 The parties agree that the Company may employ temporary employees subject to the following conditions:
i) The Company shall not employ temporary employees to the extent that would cause the layoff of regular employees or to maintain regular employees on layoff.
ii) Temporary employees shall be employed to assist during vacation periods, absenteeism for any reason, peak production periods, and when the Company requires additional manpower on a short-term basis which shall not exceed six (6) weeks duration at any one time.
iii) Temporary employees shall pay union dues and assessments in accordance with Article 4.
iv) If a permanent position becomes available, the Company shall consider temporary employees with the earliest start date. On becoming a full-time employee, he shall be credited with seniority back to his last date of hire with the Company.
v) Temporary employees will be paid in accordance with the appropriate rate for the job performed as outlined in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy 21 of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Collective Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the educational office professionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive "bargaining representative for all classified unit" and individually as "member" or as "employee."
3. The employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university shall consist of employees who: perform who work in the various classifications positions listed in Appendix A B of this collective Agreement. Substitute employees are included in the bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentunit. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential Confidential employees as defined by law or as determined by in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the Employment Relations Boardbargaining unit.
Section 2(A) When the Employer intends 4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to exclude avoid creating a filled represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuspositions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the Employer agrees to provide SPS shall notify the Union and the affected employee(s) with no less than thirty (30) calendar days written notice SEA of such intentuse.
5. Such notice shall include Excluded from the basis for bargaining unit are the exclusion confidential employees whose position titles are listed in Appendix C, in accordance with the definition of "confidential employee" in RCW 41.56.030 and a copy of the current position description, including a statement of the specific duties of the position supporting the change in statusapplicable WAC regulations. The employee may elect SPS shall periodically furnish the SEA with the names of such employees. Amendment of Appendix C shall be accomplished by following the same procedures set forth in this Section for amendment of Appendix B.
6. Whenever the SPS modifies the job title or the job description of any position listed in Appendix B, it shall furnish the text of such change to exercise the employee’s layoff rights under Article 44 - LayoffSEA and Appendix B shall be considered as thereby amended to that extent. Should the SPS desire to delete a modified or discontinued job title from Appendix B, Section 12it shall so advise the SEA in writing giving the reasons. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rightsthat extent. Any dispute between the parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.
7. Whenever the SPS creates a new job title and job description relating to office clerical work of the general type already included within the bargaining unit, it shall furnish the layoff will not be effective prior text of same to the end SEA with a request that it be added to Appendix B provided:
a. The positions to be filled under such title are to be regular positions.
b. The positions to be filled are not confidential, as defined in Item 5 above.
c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the unit or which otherwise establish a separate community of interest among the thirty (30)-day notice periodemployees to be added. If the Employer decides during SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the thirty (30)-day notice period parties over proposed inclusion or exclusion of job titles not to proceed resolved by direct negotiations shall be resolved in accordance with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date unit clarification procedures of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Chapter 391-35 WAC.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer recognizes the Union A. Local 232 Ohio Council 8, AFSCME, AFL-CIO, is hereby recognized as the sole and exclusive bargaining representative agent for all classified employees of the Cincinnati Board of Education as defined in positions Appendix I, in all matters of establishing salaries, rates of pay, wages, hours of work, adjustment of grievances and other conditions of employment.
B. Should a classification be added to the existing job group, for example, if a Custodian VI were added to the job group of Custodians, such a classification shall be added to Appendix I. Inactive positions, for example, Custodian V in Appendix I, if reactivated, shall be assigned salaries as if they had always been active. No classification shall be changed or job abolished without notification and discussion with the Union.
C. The Board shall not recognize, for purposes of collective bargaining, any other organization which seeks the right to represent the members of the bargaining unit, nor shall the Board create, dominate or make concessions to any such organization.
D. AFSCME shall have a representative on committees convened by the Superintendent for a purpose which directly impacts employees represented by the Union at the universities designated in Article 1 - Parties and when other labor organizations are also represented. AFSCME will receive information which is to be given to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also public on the exclusive bargaining representative for temporary university employees who: perform work in Friday before the various classifications listed in Appendix A Board of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law Education meeting or as determined by the Employment Relations Boardsoon as possible thereafter as it is available.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to E. The Board shall provide the Union a list of all new bargaining unit members and the affected employee(s) with no less than thirty (30) calendar days written notice of such intentnon- members monthly. Such notice shall The list will include the basis for employees' names, addresses, phone number, work locations, date of hire and Classifications. This list will be provided electronically to an email address or secure FTP site the exclusion and Union will provide.
F. The Board shall provide the Union a copy list of the current position description, including a statement of the specific duties of the position supporting the change in statusall new hire's monthly. The employee may elect to exercise list will include the employee’s layoff rights under Article 44 - Layoff's name, Section 12. If the employee elects to exercise layoff rightsaddress, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminatedphone number, the employee shall remain in the position. The effective work location, date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, hire and classification.
G. The Board shall allow the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge attend all new employee orientations and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, allow the Union and a time on the Employer shall meet agenda at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)all centralized In-Service Days.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. 3.01 The Employer City of Bay Village recognizes the Union AFSCME Local 3816 (Administrative Chapter) and Ohio Council 8 as the sole and exclusive bargaining representative for the following job classifications for the purpose of establishing wages and terms and conditions of employment. The Union's exclusive bargaining unit shall include all classified of the employees in positions represented by the Union at following job classifications and the universities designated City will not recognize any other union, organization or person as the representative for any employees within such classifications: all full time and regular part time employees occupying the classifications of, Animal Control Officer, Assistant to Community Service Director, Building Inspector, City Planner, Clerk-Secretary, Custodian, Payroll/Benefits Coordinator, Senior Transportation Coordinator, City Inspector, Property Maintenance Inspector and Senior Center Activities Manager. All other employees are excluded from the bargaining unit. Full time employees shall be defined as any employee who works a minimum of forty (40) hours per week.
3.02 If substantial changes occur in Article 1 - Parties the operations of the City creating the opportunity and need to establish a new job classification, the City shall notify the union of its position regarding inclusion or exclusion from the bargaining unit prior to any posting of the newly created position. If the union disputes the City's position, it may file a petition to clarify the unit or amend the certification with the State Employment Relations Board (SERB). The City agrees not to post or fill the position until the SERB has issued an opinion or the parties have resolved their dispute. If the parties agree on inclusion to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statusunit, the Employer agrees to provide shall establish and describe the content of the classification and it shall establish a pay structure for that classification and may implement the classification. The content of the classification and the pay structure shall then be reviewed with the Union. if the Union and is not in agreement with the affected employee(s) with no less than thirty (30) calendar days written notice classification or rate of such intent. Such notice shall include the basis for the exclusion and pay, it can file a copy grievance at Step 3 of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing Grievance Procedure within thirty (30) calendar days following the termination of discussions. If the grievance is arbitrated, the arbitrator shall have the authority to establish the proper classification and rate of pay. The arbitrator's award shall become final and binding and the rate of pay shall be retroactive to the Union’s challenge and indicate whether it intends to continue with the exclusion commencement of the position. Upon request of either party, discussions between the Union and the Employer City in accordance with this Article. Any rate and classification agreed to by the City and the Union shall meet at a mutually agreed time within become part of the initial thirty (30)-day period to discuss the exclusion(s)bargaining unit wage schedule of this Contract.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
RECOGNITION. Section 1. 2.1 The Employer Board recognizes the Union Association as the sole and exclusive collective bargaining representative for all full time and regular short hour non-certificated classified personnel including but not limited to secretarial employees, custodial employees, maintenance employees, utility employees, library aides, lunch aides, bilingual specialists, interpreters, and para professionals who have no administrative or supervisory duties that involve hiring, transferring, suspension, lay-off, recall, promotion, discharge, assignment, reward or discipline of other employees or responsibility to direct them. Employees not covered under this contract include all administrative employees, the EMIS Coordinator, all Central Office staff, including but not limited to, Secretaries to the Director of Student Services, Director of Instruction, Superintendent and the District Athletic Director, two secretaries and/or clerical employees in positions represented the office of the Treasurer, and three secretaries and/or clerical employees in the office of the Director of Human Resources, the Central Office clerical employees, custodian and all substitutes, all unclassified employees (except teacher aides) and all other employees.
2.2 The Association recognizes that the Board, as the elected representatives of the electorate, has the final responsibility for establishing policies for the school district.
2.3 The Board recognizes that the employees have the right to join, or not to join any organization for their professional or economic improvement, and membership in any organization shall not be required as a condition of employment.
2.4 It is agreed that any revision of this Agreement shall be in accordance with the negotiation procedures as provided in this Agreement which shall be the base from which future negotiations shall proceed.
2.5 In the event a disagreement is encountered in the implementation or the interpretation of this Agreement, resolution shall be reached through the procedures outlined in the negotiated grievance procedure.
2.6 Should any provision of this understanding or any application thereof, become unlawful by virtue of Federal or State law, the provision or application of a provision of this understanding shall be modified by the Union at parties to comply with the universities designated law, but in Article 1 - Parties all other respects, the provisions and the application of provisions of this understanding shall continue in full force and effect for the life thereof with no changes other than provided therein or through applicable legislation.
2.7 The parties hereto declare that there shall be no unlawful discrimination against any employee because of age, race, color, creed, national origin, sex, political affiliation or membership in any lawful employee organization. No employee shall be pressured, coerced or required to join or refrain from joining the Association.
2.8 The parties agree that this Agreement will be the sole and exclusive recourse available to employees and the parties hereto, and where provisions of this Agreement conflict with otherwise applicable provisions of Ohio law, this Agreement shall prevail pursuant to Ohio Revised Code Section 4117.10(A). This contract is intended to supersede all provisions of the Ohio Revised Code and the Rules of the Middletown Civil Service Commission, to the Agreementextent authorized by law, hereinafter referred regarding any and all matters relating to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreementwages, have worked an average of four (4) hours or more per week during the most recent calendar quarterhours, and have a reasonable expectation terms and conditions of continued employment. This recognition does , such that Ohio Revised Code Chapter 124 and the Middletown Civil Service Commission Rules do not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officersmembers of this bargaining unit. If Ohio law changes regarding the authority of collective bargaining agreements to supersede state law, or unclassifiedregarding the appropriate subjects of bargaining under Revised Code Section 4117.08(B), exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends this Agreement will be interpreted to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior supersede all civil service requirements to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)extent provided by those laws.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
RECOGNITION. Section 1. The Employer Board hereby recognizes the Union as the sole and exclusive bargaining representative agent for all classified regular drivers excluding all supervisory and substitute drivers and all other employees of the employer. Unless otherwise indicated, the term “Employee” when used hereinafter in positions this Agreement shall refer to all members of the above-defined bargaining unit represented by the Teamsters Local 214, and only to such persons.
2. Financial Responsibilities and Payroll Deductions - Membership in the Union at is not compulsory. Employees have the universities designated right to join or not join, maintain, or drop their membership in Article 1 - Parties the union. Neither party to the Agreementthis Agreement shall expect, hereinafter referred pressure, nor discriminate against any employee with regard to as employees or bargaining unit employeessuch matters. The Union is also the exclusive bargaining representative for temporary university required to represent all employees who: perform work in the various classifications listed in Appendix A bargaining unit fairly and equally without regard to whether or not the employee is a member of the Union. All present employees who are members of the bargaining unit on the effective date of this collective Agreement shall, as a condition of employment, become obligated to either join the Union or pay a service fee in an amount equal to that portion of the Union membership dues which relates to the negotiation and administration of this Agreement. For present employees, this obligation shall commence on the date of execution of the Agreement; for future employees who become members of the bargaining agreementunit, have worked an average the obligation shall commence on the thirty-first (31st) day following their date of four (4) hours or more per week during entry into the most recent calendar quarterbargaining unit. The District agrees to deduct the Union membership initiation, assessment, and have service fees, and once a reasonable expectation month, Union dues from the pay of continued employmentthose covered by this Agreement in accordance with the Constitution of Teamsters Local 214. This recognition does not apply These deductions shall occur only after the employees covered by this Agreement request, in writing, that such deductions be made. The amount to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined be deducted shall be certified by the Employment Relations Board.
Section 2(A) When Treasurer of the Employer intends Union, whose identity shall be immediately made known to exclude the District and aggregate deductions of employees covered by this Agreement shall be remitted, together with an itemized statement indicating the composition of the remittance, to the Treasurer of the Union by the 15th of the month after which said deductions are made. Accompanying the transmittal of monies deducted, the Board shall send a filled list of employees who have had monies deducted from their pay, the amount deducted from each employee and any other pertinent information necessary to administer this Article. Check-off deductions under all properly executed Authorization for Check-off forms shall become effective at the time the application is signed by the employee and shall be deducted from the first pay of the month and each month thereafter. An employee shall cease to be subject to check-off dues/fees for this unit beginning with the month immediately following the month in which the employee is no longer a member of the bargaining unit. The Union will be notified by the Board of the names of such employees following the end of each month in which the termination took place. An employee who refuses to comply with the terms of this Article shall be subject to discharge from his position in the bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than upon thirty (30) calendar days written notice to the District from the Union. The Union agrees to defend, indemnify, hold harmless, and save the District, the Board, individual members of the Board, and the Board’s administrative employees against any and all claims, demands, cause of action, suits, or other forms of liability which arise out of or relate to the Board’s compliance with, or enforcement of, this Article of the Agreement. The Union shall deliver to the Superintendent, on or before the third Monday in September and immediately thereafter, whenever a change in the amount is made, a written statement specifying the amount of the fee. Should the indemnification/hold harmless provision set forth above be declared unenforceable or void by a court of competent jurisdiction, Section 2 above shall immediately be considered inoperative. Should any provision of this Article be declared invalid, contrary to law, unenforceable or void under Federal law or the laws of the State of Michigan, both parties shall comply with such intentdeclaration. Such notice The Board and the Union agree to meet and attempt to modify or renegotiate that provision in order to be in compliance with the Federal or State law.
3. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every employee, as defined in Article I, Section A, of the Board shall include have the basis right freely to organize, join and support the Union for the exclusion purpose of engaging in collective bargaining or negotiations, and other lawful concerted activities or mutual aid and protection. As a duly elected body exercising governmental power under cover of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Act 379 or other laws of Michigan or the Constitution of Michigan and the United States, that it will not discriminate against any employee with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Union, his/her participation in any lawful activities of the Union, or collective professional negotiations with the Board, or his/her institution of any grievance or proceeding under this agreement or otherwise with respect to any terms or conditions of employment.
4. Each employee covered by this Agreement shall be provided a copy of by the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)union.
Appears in 1 contract
Sources: Master Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the educational office professionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive “bargaining representative for all classified unit” and individually as “member” or as “employee.”
3. The employees in the bargaining unit shall consist of employees who work in positions listed in Appendix B of this Agreement. Substitute employees are included in the bargaining unit. Confidential employees as defined in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the bargaining unit.
4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to avoid creating a represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit positions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, SPS shall notify SEA of such use.
5. The rights and privileges afforded the Association as specifically enumerated in this Agreement shall not be granted to any competing labor organization or any organization seeking to represent or otherwise communicate with employees represented by the Union at Association.
6. Excluded from the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also are the exclusive bargaining representative for temporary university confidential employees who: perform work in the various classifications whose position titles are listed in Appendix A C, in accordance with the definition of “confidential employee” in RCW 41.56.030 and applicable WAC regulations. SPS shall periodically furnish SEA with the names of such employees. Amendment of Appendix C shall be accomplished by following the same procedures set forth in this collective Section for amendment of Appendix B.
7. Whenever SPS modifies the job title or the job description of any position listed in Appendix B, it shall furnish the text of such change to SEA and Appendix B shall be considered as thereby amended to that extent. Should SPS desire to delete a modified or discontinued job title from Appendix B, it shall so advise SEA in writing giving the reasons. If SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the Parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391- 35 WAC.
8. Whenever SPS creates a new job title and job description relating to office clerical work of the general type already included within the bargaining agreementunit, have worked an average it shall furnish the text of four (4) hours or more per week during the most recent calendar quarter, and have same to SEA with a reasonable expectation of continued employment. This recognition does not apply request that it be added to employees currently represented by other labor organizations, students who Appendix B provided:
a. The positions to be filled under such title are to be regular positions.
b. The positions to be filled are not classified employeesconfidential, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardin Item 5 above.
Section 2(A) When c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the Employer intends unit or which otherwise establish a separate community of interest among the employees to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12be added. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rights, that extent. Any dispute between the layoff will Parties over proposed inclusion or exclusion of job titles not resolved by direct negotiations shall be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed resolved in accordance with the exclusion unit clarification procedures of Chapter 391-35 WAC.
d. SEA and the position is not otherwise eliminated, the employee shall remain SPS agree to review annually all newly or recently created non-represented non- supervisory positions and discuss whether those positions share a community of interest with other SEA represented positions and should therefore be placed in the positionappropriate bargaining unit represented by SEA. The effective date Positions previously reviewed by PERC are excluded unless they have been subject to changed circumstances. Either party reserves the right to submit to areas of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days disagreement to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)PERC.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. (a) The Employer recognizes the Union as the exclusive sole collective bargaining representative agent for all classified employees coming under the jurisdiction of the Agreement, save and except the Store Manager, Assistant Store Manager, Meat Department Manager, Bakery Department Manager, Health and Wellness Counsellor, Registered Dietician, Pharmacy Manager, Graduate and Undergraduate Pharmacists, Registered Pharmacy Technician, and persons above the rank of Store Manager.
(b) Any employee appointed to the position of Produce Manager, Food Service Manager, (Deli Manager) or Second Assistant Manager on or after the December 2, 2018 will be excluded from the provisions of this Agreement.
(c) Any existing employee in a position noted above may elect to become excluded from the Collective Agreement within one (1) year from November 25, 2018 by presenting a letter to the Employer with a copy to the Union. During a thirteen (13) week trial period (from the date of appointment) the employer will have the right to revert the employee to their former position or the employee may choose to revert to their former position in the bargaining unit with no impact on their seniority.
(d) It is understood that any clause in the agreement that references employees in positions represented that are or will be excluded applies to only those employees who remain covered by the Union at the universities designated in Article 1 - Parties provisions of this agreement and not to those employees who are or will, become excluded under clause 1.01.
(e) Notwithstanding sub-section 1.01(f) of the Agreement, hereinafter referred demotions from Produce Manager, Food Service Manager (Deli Manager), or Second Assistant Manager will be based on case and will be subject to grievance and arbitration procedures.
(f) The promotion to Second Assistant Manager, Management Trainee (to a maximum of one per store), Produce Manager, Full Service Meat Counter Operator, Floral Manager, Coffee Bar Operator, Food Service Manager, Lead Hand on nights, and all employees designated as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work a second person in the various classifications listed in Appendix A Produce Department, Full Service Floral Department, Food Service Department (including Meat and Deli Order Writers), Coffee Bar and Bakery Department shall be at the sole discretion of management. Any employee promoted by the operation of this collective bargaining agreementclause shall, have worked an average of four (4) hours if he/she is subsequently demoted or more per week during relinquishes the most recent calendar quarterposition, revert to his/her previous status and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardseniority date.
Section 2(A) When 1.02 In the event the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuscreates new departments within the stores, the Employer agrees to provide and the Union agree to meet to negotiate rates of pay and other conditions specific to the affected employee(s) with no less than thirty (30) calendar days written notice of such intentnew department. Such notice shall include In the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will event agreement cannot be effective prior to reached, at the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, party the Union and matter may be referred to arbitration in accordance with the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Arbitration section of this agreement.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1. 1.1 The Employer recognizes and acknowledges that the Union as is the exclusive duly authorized collective bargaining representative for all classified regular full-time and regular part-time employees in positions represented excluding supervisors, confidential, managerial, professional, and office employees; licensed practical nurses, registered nurses, and registered occupational therapists, and as certified by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment National Labor Relations Board.
Section 2(A1.2 Employees will be hired on a probationary basis. This probationary period will be sixty (60) When calendar days in length, and the Employer intends to exclude a filled bargaining unit position based on supervisoryemployee may be discharged for any cause, confidentialwithout recourse, managerial, or other unclassified statusduring this period. Where the new employee, the Employer agrees to provide facility, and the Union and the affected employee(s) with no less than may benefit from an additional thirty (30) calendar days written notice of probation, two such intent. Such notice shall include the basis for the exclusion and a copy additional thirty (30) days may be granted by mutual agreement of the current position description, including a statement Company and the Union. Two (2) such extensions may be approved.
Section 1.3 All present employees covered by this Agreement who are members of the specific duties of Union on the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of this Agreement shall remain members in good standing as a condition of employment. All present members who are not members of the exclusion remains unchanged. Within Union on the effective date of this Agreement and all employees who are hired hereafter shall become members of the Union within thirty (30) calendar days of the effective date of the Employer’s noticethis Agreement, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing or within thirty (30) calendar days of their hiring date, whichever is later.
Section 1.4 The Employer will give each new employee in the bargaining group an application for union membership with all other new employment papers. The Employer agrees to deduct from the wages of all employees covered by this Agreement, after receipt of a signed authorization from each such employee, dues and initiation fees of the Union’s challenge and indicate whether it intends to continue with . Initiation fees will be taken out over five (5) consecutive pay periods. Union dues will be taken out over the exclusion first two (2) consecutive pay periods of the positionmonth. Upon request The Employer shall have no obligation to obtain such authorization. The Employer agrees to deduct from the wages of either partyany employee covered by this Agreement, any voluntary contribution to SEIU COPE upon receipt of signed authorization from each such employee on forms provided by the Union. Such contributions will be transmitted with a list of names and specific deductions.
Section 1.5 The Union agrees to indemnify and hold harmless the Employer shall meet against any and all suits, claims, judgments, verdicts, costs, fees, fines, awards or decisions of any kind whatsoever
Section 1.6 A designated work site leader will be allowed a fifteen (15) minute time slot at a mutually agreed time within orientation to inform new bargaining unit employees about the initial thirty (30)-day period to discuss the exclusion(s)Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer State of Connecticut recognizes the Union Connecticut State Employees Association as the exclusive bargaining representative for all of the State employees classified employees as Correctional Lieutenants and Correctional Training Officers in positions represented accordance with the agreement reached by the Union at parties on November 29, 2001 and finalized on December 3, 2001 (Case No. SE-22,766) and as modified by the universities designated in Article 1 - Parties State Board of Labor Relations on October 17, 2005 (Case No. SE-25,551, Decision No. 4094) to include the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, Correctional Captains and have a reasonable expectation of continued employmentCorrectional Counselor Supervisors.
Section 2. This recognition does Agreement shall cover only those employees whose job titles fall within the certification above. It shall not apply to nonpermanent employees currently represented by other labor organizations, students who are not classified employeesappointed to nonpermanent temporary, campus police officersemergency, or unclassified, exempt, supervisory, managerial and confidential seasonal positions nor to durational positions of six (6) months or less. Employees appointed originally on a provisional basis and/or employees as defined appointed to durational positions established for six (6) months or more shall be covered by law this agreement but shall have no right to appeal from termination due to expiration of position or as determined by failure to successfully complete the Employment Relations Boardrequired examination process.
Section 2(A) When 3. Provisional employees are employees who are initially appointed to permanent positions pending state examination or examination results. Provisional appointees are subject to the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy requirements of the current position descriptionmerit system in all respects, including a statement but not limited to certification from an examination list and completion of the specific duties working test period. Permanent appointment is contingent upon meeting all said requirements, and failure to do so will result in termination of employment without right of appeal except as provided by the merit system. In all other respects, provisional employees are subject to the provisions of this Agreement and can utilize all benefits as if they were initially appointed as permanent full-time employees. Seniority shall be retroactive to the date of last hire upon successful completion of the working test period.
Section 4. A temporary employee is defined as an employee who is hired to fill a temporary, durational or emergency position supporting of six (6) months duration or the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If length of leave of absence of the employee elects replaced, whichever is longer. Due to exercise layoff rightsthe nature of temporary employment, the layoff will temporary employees cannot be effective prior to guaranteed continued employment beyond the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective termination date of the exclusion remains unchangedappointment. Within thirty Termination is therefore without right of appeal. In other respects, this Agreement shall apply to a temporary employee after completion of six (306) calendar days months of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)continuous service.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer Company recognizes the Union as the exclusive sole collective bar- gaining agent of all employees of Gerdau – Cambridge Div- ision save and except supervisors, persons above the rank of supervisor, office, sales and clerical staff, security staff, labora- tory technicians, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the period from May 1st to September 4th. Students excluded from the Collective Agreement will not be employed to reduce the number of regular employees, nor will they be employed while regular employees are on layoff, or shutdown, or during a shift that has been cancelled where any employees are sent home. A maximum of ten (10) student’s plant wide may be employed at any one time to do bargaining representative unit work. It is further agreed that students will only be used to perform bargaining unit work on their own from June 1st to August 31st in any year. How- ever, students may be trained to perform bargaining unit work in the period May 1st to June 1st in any year. It is further agreed that with respect to bargaining unit work, students will only be utilized as a Utility Person or 3rd Helper to cover for bargaining unit employees during vacation vacan- cies or as an extra crew member. Otherwise the regular call in procedure will apply. Students will not be used in overtime situations unless the Company has exhausted all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or overtime opportunities for bargaining unit employees. When hiring students to do bargaining unit work, children of Cambridge Division employees will be given preference (sum- mer students and not co-op or intern students).
2.02 The Union is also Company shall not contract out any bargaining unit work which members of the exclusive bargaining representative for temporary university employees who: unit routinely perform work or that will result in the various classifications listed in Appendix A lay-off of this collective an employee within the bargaining agreementunit. (Melt Shop, have worked an average Warehouse & Rolling Mill). The Company will utilize manpower available from the bargaining unit pro- vided those employees are capable of four (4) hours or more per week during performing the most recent calendar quarter, and have a reasonable expectation of continued employmentwork. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified Where the Company uses its own employees, campus police officersthe Company will exhaust all overtime opportunities. The Company reserves the right to bring in contractors to meet deadlines, or unclassified, exempt, supervisory, managerial and confidential to avoid delays in an emergency situation. An emergency situation is defined as:
1) A sudden unplanned or unexpected situation that will en- danger employees as defined by law or as determined by the Employment Relations Board.equipment if prompt action is not taken
Section 2(A2) When the Employer intends to exclude a filled overtime procedure has been exhausted.
3) Situations occur necessitating additional manpower or equipment that is not normally used (i.e. mobile boom trucks, etc.) In the event technological change results in the restructure of jobs, the Company shall not contract work out that would nor- mally be performed by bargaining unit position based employees. When the Company needs to contract out work, skilled trades- men as identified by Schedule A will be journeymen. The Company agrees to have discussions monthly which may be part of the regular Union/Management meetings or if this is not possible due to volume of content, on supervisorya separate basis to discuss work contracted out. During these discussions the Union may make recommendations to the Company regarding ways in which the work contracted out might otherwise be per- formed. Any such recommendations will be considered by the Company prior to making its decision regarding planned work to be contracted out. It is the intent of the Company to train and upgrade the skills of bargaining unit employees.
2.03 Non-bargaining unit employees or other employees outside the bargaining unit will not perform work that is normally done by people in the bargaining unit, confidential(e.g. relieving for breaks), managerialexcept for the purposes of experimenting, instructing, or other unclassified statusin the case of emergencies where qualified employees are not available. It is understood and agreed that if an emergency exists, and the absence of an employee severely hampers production, the Employer agrees Company will make every effort to provide alleviate the situation as quickly as possible by calling in another employee, assigning overtime work, etc. Notwithstanding the above, it is understood and agreed that on occasion, and in order to clear up production difficulties or delays, it may become necessary for Supervisors to assist bar- gaining unit employees. It is further understood and agreed that this work will be kept to an absolute minimum and where such assistance is rendered, it will not deprive employees of their normal earning of that day nor reduce the number of employees scheduled on that shift. Should a person develop a continuing course of conduct con- trary to the intent of this Article and Union complaints continue the matter will be given special attention.
2.04 On occasion, the Company may experience temporary vacan- cies in the Skilled Trades Classification brought about by the absence of regular employees. If this situation should arise, the Company, after consultation with the Union, may hire tempor- ary employees to fill these vacancies. The Company will ad- vise the Union of the duration of the assignment and the affected employee(s) wages to be paid will be in accordance with no less than thirty (30) calendar days written notice of such intentSchedule “A”. Such notice shall include the basis for the exclusion and a copy All pro- visions of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, Collective Agreement would apply unless the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)agrees otherwise.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1The Union recognizes that all functions, rights, powers and authority which the Employer has not specifically abridged, deleted or modified by this Agreement are retained by the Employer. employees who employed by the Employer in classifications covered by this Agreement shall become members of the Union as a condition of employment. An employee who has a moral or religious objection to becoming a member of the Union shall be permitted to opt out of membership by providing the Union with a signed statutory declaration outlining the objections within ninety consecutive calendar days from the date of of employment, but such employees shall continue to pay Union dues. Notwithstanding the generality of the above, all persons employed in classifications covered by this Agreement shall be required to pay Union dues. The Employer recognizes shall, therefore, as a condition of employment deduct from the regular pay of all employees covered by this Agreement, each pay period the amount of Union dues as the exclusive bargaining representative for all classified employees in positions represented set by the Union at the universities designated in Article 1 - Parties from time to time. Dues deductions for all Employees covered by this Agreement shall commence The Employer agrees to remit to the AgreementUnion the dues deducted from the pay of all applicable employees each pay period by the last work day of the following pay period. The deductions remitted shall be accompanied by particulars identifying each employee in a printed form and on a magnetic tile (tape or disc) showing the employee number, hereinafter referred position number, starting date, classification, work location, name and last known address. The Employer will also indicate the amount of Union dues deducted from each employee unless the employee has informed the Employer in writing not to as employees release such information to the Union. Where an accounting adjustment is necessary to correct an over or bargaining unit employeesunder payment of dues, it shall be effected in the next succeeding submission of dues payment. The Union is also agrees that for purposes of this Article all employees are members of the exclusive bargaining representative for temporary university employees who: perform work Union except those who have voluntarily opted out in accordance with Clause of this Article and that notwithstanding anything contained in the various classifications listed in Appendix A foregoing provisions of this collective bargaining agreement, have worked an average Article no employee shall be subject to termination of four (4) hours or more per week during employment for failure to maintain membership in the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in statusUnion. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify advise the Employer, in writing, of any comments it has regarding change in the exclusion including specific information regarding amount of dues to be deducted from the reason(s) for employees covered by this Agreement. Such notice shall be communicated to the challengeEmployer at least thirty (30)calendar days prior to the effective date of the change. The Union agrees to indemnify and save the Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion harmless against any claim or arising out of the position. Upon request application of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)this Article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the educational office professionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive "bargaining representative for all classified unit" and individually as "member" or as "employee."
3. The employees in the bargaining unit shall consist of employees who work in positions listed in Appendix B of this Agreement. Substitute employees are included in the bargaining unit. Confidential employees as defined in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the bargaining unit.
4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to avoid creating a represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit positions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the SPS shall notify the SEA of such use.
5. The rights and privileges afforded the Association as specifically enumerated in this Agreement shall not be granted to any competing labor organization or any organization seeking to represent or otherwise communicate with employees represented by the Union at Association.
6. Excluded from the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also are the exclusive bargaining representative for temporary university confidential employees who: perform work in the various classifications whose position titles are listed in Appendix A C, in accordance with the definition of this collective bargaining agreement, have worked an average of four (4) hours or more per week during "confidential employee" in RCW 41.56.030 and applicable WAC regulations. The SPS shall periodically furnish the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by SEA with the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice names of such intentemployees. Such notice Amendment of Appendix C shall include be accomplished by following the basis same procedures set forth in this Section for amendment of Appendix B.
7. Whenever the exclusion SPS modifies the job title or the job description of any position listed in Appendix B, it shall furnish the text of such change to the SEA and Appendix B shall be considered as thereby amended to that extent. Should the SPS desire to delete a copy of modified or discontinued job title from Appendix B, it shall so advise the current position description, including a statement of SEA in writing giving the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12reasons. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rights, that extent. Any dispute between the layoff will parties over proposed exclusion of job titles not resolved by direct negotiations shall be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed resolved in accordance with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).unit clarification procedures of
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The A. In accordance with certification by the State of New Jersey, Public Employment Relations Commission ("PERC"), Docket Number R0-2003- 089, the Employer recognizes the Union Communications Workers of America, AFL-CIO as the exclusive bargaining representative collective negotiation agent for all classified regularly employed white-collar non-supervisory, professional and non-professional employees of Montclair Township serving in positions the following titles: Activities Coordinator Administrative Assistant Assistant to Tax Assessor Assistant Township Planner Communication Director Director of Nursing Engineering Supervisor Environmental & Code Coordinator Financial Assistant Forester/Arborist Junior Engineer Operations Supervisor Operations Supervisor 1 Planning Technician Production Manager - CATV Project Administrator Purchasing Agent Registrar of Vital Statistics Senior Activities Coordinator Senior Accountant Supervising Mechanic Supervisor of Water Administration
B. All managerial executives, confidential employees, supervisory employees, craft employees, police, casual employees and all other employees of the Employer (including but not limited to those represented by in other bargaining units) are excluded from this bargaining unit.
C. In the event that the Employer decides to create and/or use a new permanent title, that title shall be added to this bargaining unit unless it is that of a supervisory, managerial, or confidential nature or applicable to another bargaining unit of the Employer. If the Employer creates a new position, prior to filling it, the Employer shall notify the Union at of the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees Employer's views concerning inclusion or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work exclusion in the various classifications listed negotiation unit and if included in Appendix A of this collective bargaining agreementthe unit, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When salary range that the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, assign to the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12position. If the employee elects to exercise layoff rightsUnion disagrees, within two (2) weeks after the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date Union's receipt of the Employer’s notice's notification, the Union shall notify the Employermay advise of its intent to negotiate. Any dispute as to inclusion or exclusion (i.e., in writingunit composition), if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to clarification of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengeunit proceedings. The Employer shall respond in writing within thirty (30) calendar days Any dispute as to the Union’s challenge and indicate whether it intends salary range to continue with the exclusion of be assigned to the position. Upon request of either party, the Union if not resolved through face-to-face negotiations, may be submitted to PERC for disposition pursuant to impasse procedures (i.e., mediation and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(sfact-finding).
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer hereby recognizes the Union as the sole and exclusive bargaining representative agent with respect to wages, hours and other terms and conditions of employment for all classified full-time and regular part-time employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work employed in the various job classifications listed in Appendix A Article 31, excluding all casual part-time, seasonal and temporary employees. All other employees of this collective the Employer are excluded from the bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentunit. This Said recognition does not apply to employees currently represented shall continue as provided by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardlaw.
Section 2(A) When 2.02 In the event the Employer intends substantially changes and increases job duties to exclude any existing classification or creates a filled new classification, the Union may request negotiations for an establishment of a new wage rate based upon such increased duties or the inclusion and/or exclusion of such position within the bargaining unit position based and the appropriate wage rate. If the parties disagree on supervisorythe inclusion of the classification the Union may invoke proceedings with SERB under OAC 4117-5-01(E)(1) or (2) as the exclusive method of resolving the issue of inclusion or exclusion of the new job classification. The appropriate petition shall be limited to the new job classification only. If the parties agree on inclusion, confidential, managerial, but cannot reach agreement on the wage rate for the new classification or other unclassified statusan existing classification with substantial changes and increased job duties, the Employer agrees to provide shall establish a temporary rate and/or classification and will promptly notify the Union and in writing. Thereafter, the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and Union may file a copy grievance at Step 3 of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12Grievance Procedure. If the employee elects to exercise layoff rightsmatter is arbitrated, the layoff will not Arbitrator shall have the authority to establish a new wage rate or to place the position in an existing classification rate, which shall be effective prior to on the end date the Arbitrator issues the Award. The Arbitrator’s decision shall be based on pay grades of the thirty (30)-day notice period. If similar positions with the Employer decides during the thirty (30)-day notice period not with respect to proceed with the exclusion and the position is not otherwise eliminated, the wage rates.
2.03 A “regular part-time” employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty be defined as an employee that is regularly scheduled to work twelve (3012) calendar days of the date of the Employer’s noticehours, the Union shall notify the Employeror more, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(sbut less than forty (40) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)hours per week.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The A. In accordance with certification by the State of New Jersey, Public Employment Relations Commission ("PERC"), Docket Number R0-2003- 089, the Employer recognizes the Union Communications Workers of America, AFL-CIO as the exclusive bargaining representative collective negotiation agent for all classified regularly employed white-collar supervisory, professional and non-professional employees of Montclair Township serving in positions the following titles: Assistant Health Officer Assistant Superintendent of Water Operations Collector of Taxes & Water Rents Municipal Court Administrator Project Coordinator Superintendent of Water Operations Superintendent of Public Works Township Engineer Tax Assessor
B. All managerial executives, confidential employees, supervisory employees, craft employees, police, casual employees and all other employees of the Employer (including but not limited to those represented by in other bargaining units) are excluded from this bargaining unit.
C. In the event that the Employer decides to create and/or use a new permanent title, that title shall be added to this bargaining unit unless it is that of a supervisory, managerial, or confidential nature or applicable to another bargaining unit of the Employer. If the Employer creates a new position, prior to filling it, the Employer shall notify the Union at of the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees Employer's views concerning inclusion or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work exclusion in the various classifications listed negotiation unit and if included in Appendix A of this collective bargaining agreementthe unit, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When salary range that the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, assign to the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12position. If the employee elects to exercise layoff rightsUnion disagrees, within two (2) weeks after the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date Union's receipt of the Employer’s notice's notification, the Union shall notify the Employermay advise of its intent to negotiate. Any dispute as to inclusion or exclusion (i.e., in writingunit composition), if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to clarification of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengeunit proceedings. The Employer shall respond in writing within thirty (30) calendar days Any dispute as to the Union’s challenge and indicate whether it intends salary range to continue with the exclusion of be assigned to the position. Upon request of either party, the Union if not resolved through face-to-face negotiations, may be submitted to PERC for disposition pursuant to impasse procedures (i.e., mediation and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(sfact-finding).
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer recognizes the Union as the exclusive bargaining representative agent for all classified office employees in positions represented employed by the Union at the universities designated in Article 1 - Parties to the AgreementEmployer, hereinafter referred to as including those employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employeesnormally assigned to work less than five (5) full days each week. Those employees excluded by specific Agreement and those employees whose work is supervisory in nature, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined the National Labor Relations Act, and those employees not covered by the Employment Relations Boardjurisdiction of the OPEIU are not recognized. Effective December 4, 1977, the positions of secretary to the Assistants to the President are no longer in this unit.
Section 2(A2.02 An employee covered by this Agreement, who is selected to fill a position outside the bargaining unit, may return, without loss of seniority, if the return is within six (6) When months after leaving the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in statusunit. The employee may elect will be returned to exercise their former position or its equivalent. This provision will apply when the employee’s layoff rights under Article 44 - Layoff, Section 12. If return is initiated by the employee elects or the employer. When a bargaining unit employee has been selected to exercise layoff rightsfill a non-bargaining unit position, the layoff that employee will not be effective prior to the end cease performing all bargaining unit work within fifteen days of the thirty (30)-day notice periodtheir selection. If the Employer decides during chooses to fill the thirty (30)-day notice vacant bargaining unit position, it will do so in accordance with the provisions of Article VI, or assign the bargaining unit work to another bargaining unit employee.
Section 2.03 When the Employer needs additional help and/or new workers, they may first make application for these workers to the Union, and the Union shall at all times endeavor to supply competent and efficient workers. If the Union is not able to supply the workers, the Employer may recruit workers elsewhere.
Section 2.04 It is agreed that temporary employees may be hired for a period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) exceed 60 calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengedays. The Employer shall respond notify the Union of the starting date of any temporary employees and the anticipated length of their employment. If the work for which the temporary is hired exists, or can be expected to exist, at the completion of the 60-day period, the position will be posted at the completion of the 60-day period and the position will be filled in writing accordance with the provisions of article VI of this Agreement.
Section 2.05 No bargaining unit work may be performed by non-bargaining unit employees, with the exception that administrative secretaries may be assigned to perform the duties of bargaining unit secretaries when the bargaining unit secretaries are absent from work for 2 days or less. When bargaining unit employees are temporarily transferred to perform non-bargaining unit work for a period of one-half day or more, they shall be compensated for all time actually worked in such non-bargaining unit positions. The employees will receive the rate of pay for the higher job classification.
Section 2.06 The Employer agrees to discuss with the Union any proposal to abolish, create, or reclassify jobs which fall within thirty (30) calendar days to the classification system agreed upon by the Employer and the Union’s challenge , and indicate whether it intends to continue with which fall within the exclusion jurisdiction of the positionUnion as recognized by Article II.
Section 2.07 It is agreed that where the Union or the Employer feels that a job is presently improperly slotted under the current classification system, it shall notify the other party of the fact and the job will be reviewed. Upon request The Employer and the Union will thereupon enter into negotiations to resolve it. If no resolution can be reached within a reasonable period of either partytime, the Union or Employer may refer the matter to mediation and/or arbitration procedure. Positions that are upgraded shall be posted for informational purposes only. A copy of the posting will be given to the appropriate Chief Shop ▇▇▇▇▇▇▇.
Section 2.08 No employee will lose his/her job or suffer a reduction in pay or benefits as a result of work placed with an outside organization.
Section 2.09 If OPEIU identifies work being performed by persons paid as GF or SIF employees who are not currently represented by another union, or that in OPEIU’s opinion, could be done by ▇▇▇▇▇ represented employees, CWA agrees to meet and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)situation. CWA may agree to 1) move the work to an OPEIU represented employee or 2) move the GF/SIF employee into the OPEIU represented bargaining unit. In either such case, it will be recognized that GF/SIF positions are temporary and that any change is unlikely to result in a permanent OPEIU represented position. NOTE: CWA may choose to make no change in the assignment of the identified work. If an employee in a GF/SIF position is moved into the OPEIU bargaining unit, he or she will not be covered by the no-layoff language, or become a participant in the CWA Pension Plan. Other limitations on the application of other articles in the OPEIU Agreement will be discussed if and when the position comes to be covered by that Agreement. However, when an employee that is in a GF/SIF position will be considered vested at five (5) years of service and will be eligible to participate in CWA's pension plan with credit for all time worked.
Appears in 1 contract
Sources: National Agreement
RECOGNITION. Section 1. The Employer recognizes the Union as the sole and exclusive bargaining representative agent for all classified its sworn police officers throughthe rank of Corporal. Police Communication Officers, Civilian Uniformed Personnel, Police Monitoring Facility Technicians, Cadets, permanent part time employees in positions represented by and non- sworn employees of the Union at the universities designated Police Department set forth in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A (8) of this agreement for the purpose of collective bargaining agreementin respect to rates of pay, have worked an average wages, hours of four (4) hours employment or more per week during the most recent calendar quarter, and have a reasonable expectation otherconditions of continued employment. This recognition does Union business shall not apply be conducted on MTA'sproperty without the permission of the Chief of Police or his designee. However, it is understood that everyeffort shall be made to employees currently represented by other labor organizationscooperate with Union representatives when and if such permission is sought for the purpose of legitimate Union business. Such business, students who are if approved, must not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial be conducted on MTA pay time and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statusmust not interfere with nor distract any employee in theperformance of their regular duties. On January 1st of each year, the Employer agrees employer shall credit the Union's release timeaccount with eighteen (18) days. Union representatives will be allowed time off with paycharged against the Account consistentwith the operational needs of the employer for Union business such as state or area- wide committeemeetings or state or International conventions, preparation time for negotiations and Union sponsored labor relations training, provided such representative providesreasonable notice to provide the his/her supervisor of such absence. Reasonable notice for Union sponsored meetings and the affected employee(s) with no less than thirty conventions listed above is at least ten (3010) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee employer shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty respond within five (305) calendar days of receiving the date representative's notice. Such time off will not be detrimental in any way to the employee's record and will be specificallytaken into account when applying performance standards relating to quantity and timeliness of the Employer’s noticework. Time may be used in one (1) hour increments. Time off with paywill not be unreasonably withheld. Additionally, up to four union representatives will bepaid by MTAfortime lost from their regularlyscheduled MTA duties due to attendance at contract negotiation sessions; and one representative shall be so paid for attendance at grievance, grievance appeal or LEOBR hearings without charge to the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Business Leave bank.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. A. The Board hereby recognizes the Association as the exclusive and sole bargaining agent as defined in Section 111 of Act 379, Public Acts of 1965, for all of its employees in the bargaining unit, described and defined as:
B. The term "employee," singular or plural, when used hereinafter in this Agreement, shall mean a member of the bargaining unit as defined herein above, provided that provisions of this Agreement can have limited applicability to certain groups of employees in the bargaining unit by use of an appropriate designating term preceding the term "employee." References to one gender shall include the other.
C. The Employer may assign persons who are not employees covered by this Agreement to do work normally and usually done by employees in this bargaining unit or additional work of the same type and kind, provided the assignment of work to those persons does not reduce the regularly scheduled hours of any employee nor supplant or reduce the work force traditionally used to accomplish the routine work done by bargaining unit employees in each building. Except for unpaid volunteers, assignment of work pursuant to this provision shall be limited to cases of temporary special projects or temporary need except when the person is in a government service program and the work done by him/her would otherwise be assumed by the existing work force or would remain undone. Whenever possible, substitutes filling in for regular seniority employees who are absent shall, prior to assumption of duties, be provided with an orientation to the job, including but not limited to a list of the expected duties and some training on how to carry out those duties.
D. If the Employer decides it is necessary to explore contracting Building and Grounds, Office Management, Food and Nutrition, Paraeducators, Technology services, the district will notify the President of the Association at the earliest opportunity possible so that discussions regarding the need can take place and the Association has an opportunity to provide an alternate solution prior to a contract decision being made by the District.
E. The Employer shall notify the Union in writing when new jobs (or revised job duties) are required during the term of this Agreement. In the event they cannot be properly placed into an existing sub- classification by mutual agreement between the parties, the employer shall place into effect a new sub-classification and rate of pay for the job in question, and shall designate the sub-classification and pay rate as temporary. The Employer recognizes shall notify the Union as in writing of any such temporary job which has been placed into effect upon the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeesinstitution of such job. The Union is also the exclusive bargaining representative new sub-classification and rate of pay shall be considered as temporary for temporary university employees who: perform work in the various classifications listed in Appendix A a period of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days following the date of written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior notification to the end of the thirty (30)-day notice periodUnion. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within During this thirty (30) calendar days day period, but not thereafter during the life of the date of the Employer’s noticethis Agreement, the Union shall notify may request the Employer, in writing, to negotiate the sub-classification and rate of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengepay. The Employer negotiated rate, if higher than the temporary rate, shall respond in writing within thirty (30) calendar days be applied to the Union’s challenge and indicate whether it intends to continue with date the exclusion of employee first began working in the position. Upon request of either partytemporary sub-classification, the Union except as otherwise mutually agreed.
F. DESPA Leadership and the Employer shall Administration will meet at a mutually agreed time within quarterly to aid in the initial thirty (30)-day period communication surrounding issues as they arise. Either party may request to discuss the exclusion(s)meet.
Appears in 1 contract
Sources: Master Agreement
RECOGNITION. Section 1. The A. In accordance with certification by the State of New Jersey, Public Employment Relations Commission ("PERC"), Docket Number RO-2000-110, the Employer recognizes the Union Communications Workers of America, AFL-CIO as the exclusive bargaining representative collective negotiation agent for all classified regularly employed supervisory employees serving in positions represented by the following titles on behalf of Local 1040: Assistant Director, Neighborhood Preservation Program Chief, Sewer Treatment Plant Operator Chief, Water Treatment Plant Operator Construction Official Municipal Court Administrator Director, Neighborhood Preservation Program Maintenance Supervisor Fire Official Chief, Code Enforcement Officer Superintendent of Recreation Public Works Superintendent Sewage Plant Superintendent Water Superintendent Road Superintendent Tax Collector Supervising Mechanic Building SubCode Official Any of the bargaining unit titles that use bi-lingual and/or interpreter shall remain in the bargaining unit.
B. All managerial executives, confidential employees, non-supervisory employees, police employees, casual employees, and all other employees of the Employer are excluded from this bargaining unit.
C. In the event that the Employer decides to create and/or use a new title, that title shall be added to this bargaining unit unless it is clearly that of a non-supervisory, managerial, or confidential nature. If the Employer creates a new position, prior to filling it, the Employer shall notify the Union at of the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees Employer's views concerning inclusion or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work exclusion in the various classifications listed negotiation unit and if included in Appendix A of this collective bargaining agreementthe unit, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When salary range that the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, assign to the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12position. If the employee elects to exercise layoff rightsUnion disagrees, within two (2) weeks after the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date Union's receipt of the Employer’s notice's notification, the Union shall notify may advise of its intent to negotiate. Any dispute as to inclusion or exclusion (i.e., unit composition), if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to clarification of unit proceedings. Any dispute as to the Employersalary range to be assigned to the position, in writingif not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to impasse procedures (i.e., mediation and fact-finding).
D. If the Union, at any time, wishes to advise the Employer of any comments it has its views regarding the exclusion including specific information regarding creation or abolition of positions or the reason(s) for criteria governing the challengefilling of positions or any other non-negotiable subjects pertaining to managerial prerogatives in the area of hiring, staffing, and the like, the Union may write to the Employer in care of the City Administrator. The Employer shall respond review the Union's written input, and, if the Employer deems it appropriate, shall invite Union representatives to discuss the matter at a Employer meeting it being understood that in writing within thirty (30) calendar days all cases, the Employer shall provide written response to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1(a) The Guild’s jurisdiction is recognized as applying to the kind of work presently performed or by established practice performed by the employees in the unit covered by this Agreement, and any work which may supplant or substitute for such work presently performed. The Employer recognizes Any work or equipment that supplants the Union foregoing shall be assigned to employees covered by this Agreement.
(b) During the term of this Agreement and its successor agreement, the Company agrees that it will not challenge the appropriateness of the bargaining unit covered by this Agreement and will not unilaterally withdraw recognition of the Guild as the exclusive bargaining representative of employees covered by this Agreement.
1.2 This Agreement covers the positions and departments in Editorial Production Center (“Center”). It is understood that the organizational structure of the Center is still being defined. Both the Guild and the Company agree that the goal is for all classified non-exempt employees primarily involved in Center to be in this unit. This also includes possible “Hybrid roles.” At this time these positions represented by include: Multiplatform Copy Editor I, Multiplatform Copy Editor II, Multiplatform Copy Editor III, Multiplatform News Designer I, Multiplatform News Designer II, Multiplatform News Designer III, Senior Multiplatform Copy Editor, Senior Multiplatform News Designer, Digital Specialist I, Digital Specialist II, Digital Specialist III, Sports Clerk, Multiplatform Wire Editor and Production Center Intern.
(a) The following positions are excluded from the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A application of this collective bargaining agreementAgreement. It is understood that the organizational structure of the center is still being defined. Both the Guild and the Company agree that the goal is not to increase the number of excluded positions within Editorial, have worked an average of four but to identify which excluded positions are involved in Editorial production. At this time these positions include: Director, California McClatchy Multiplatform Desk, Center Deputy Director (4) hours or more per week during the most recent calendar quarter1), Team Leader I (9), Team Leader II (1), and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by any other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees supervisor as defined by law or as determined by the Employment National Labor Relations Act, plus Interactive Division and Editorial Board.
Section 2(A1.3 (b) When Due to the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy evolving nature of the current position descriptionCenter, including a statement it is understood that the Company may be change some of the specific duties managerial titles in Section 1.3 of this agreement, and will provide that the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not Guild be effective prior to the end kept informed of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar these changes within 10 days of the date change. It is agreed that this will not result in an increase in the number of excluded positions that are in Editorial.
1.4 Employees covered by this Agreement shall have the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days right to belong or to not belong to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union Guild and the Employer shall meet at a mutually agreed time within right to pay or to not pay dues and/or fees to the initial thirty (30)-day period to discuss the exclusion(s)Guild if they are not members.
Appears in 1 contract
Sources: Editorial Production Agreement
RECOGNITION. Section 1. 2.01 The Employer Board recognizes the Canadian Union of Public Employees, Local 2888 Custodial/Maintenance, as the exclusive bargaining representative for agent of all classified employees in positions represented by of the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work Halton Catholic District School Board in the various classifications listed in Appendix A Regional Municipality of this collective bargaining agreementHalton, have worked an average save and except supervisors, persons above the rank of supervisor, office staff, teaching staff, clerical staff, technical staff, and students employed not more than four (4) hours consecutive months per year.
(i) Employees may be hired for a specific term not to exceed five (5) months to replace an employee who will be on approved leave of absence, due to W.S.I.B. disability, long periods of sick leave, or more per week during to perform a special non recurring task.
(ii) This term may be extended a further five (5) months on mutual agreement of the most recent calendar quarterUnion, employee, and have a reasonable expectation of continued employmentemployer. This recognition does Such agreement shall not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardbe unreasonably withheld.
Section 2(A(iii) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice The period of such intent. Such notice employment shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise not exceed the employee’s layoff rights under leave or special task.
(iv) The release or discharge of such persons shall not be subject to a grievance or arbitration hearing.
(v) The employer will outline to the employees selected to fill such temporary vacancies and the union the circumstances giving rise to the vacancy and the special conditions relating to such employment.
(vi) Temporary employees who are subsequently hired into a permanent position and who have not experienced a break in service and who have worked more than three (3) months will not be required to serve a probationary period in accordance with Article 44 - LayoffVII of this Collective Agreement and will be entitled to be placed on the seniority list upon permanent appointment.
2.03 Should a temporary vacancy occur in the classification of custodian due to a lengthy absence of an employee caused by illness or an approved leave of absence, Section 12this temporary vacancy will first be offered to the senior afternoon custodian in the school. If the senior afternoon custodian in the school refuses to accept the position then the temporary vacancy will be offered to the most senior afternoon custodian from the system.
2.04 No employee elects shall be required or permitted to exercise layoff rightsmake any written or verbal agreement which conflicts with the terms of this Collective Agreement.
2.05 In respect of employees covered by this agreement, the layoff Board will not recognize, during the term of this agreement, any other bargaining agent.
2.06 No employee shall be effective prior transferred to a position outside the end of bargaining unit without the thirty (30)-day notice periodemployee's consent. If an employee is transferred to a position outside the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminatedbargaining unit, the that employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of retain seniority accumulated up to the date of leaving the Employer’s noticeunit, but will not accumulate any further seniority. Such employee shall have the right to return to a position in the bargaining unit during a trial period, which shall be a maximum of three (3) months. If an employee returns to the bargaining unit, that employee shall be placed in a job consistent with the employee's seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority.
2.07 Both the Board and the Union shall notify have the Employer, in writing, right to have the assistance of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue counsel and/or an adviser when dealing with the exclusion Board at Step 3 of the position. Upon request grievance procedure, when negotiating with the Board, or any other meeting consented to by the Board and to be attended by either elected representatives of either partythe Board or the Executive Officer, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Human Resources Services, or designate.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1.
A. The Employer University recognizes the Union as the exclusive bargaining representative agent for all classified employees in positions represented the unit certified by the Union National Labor Relations Board in Case No. 2-RC-19005.
B. Confidential Employees, Columbia University student Employees (including Teachers College and ▇▇▇▇▇▇▇ College) and temporary Employees are excluded from the unit.
C. A temporary Employee is one who is hired for a period of up to four (4) months and who is so informed at the universities designated time of hire and who is hired for a special project or to replace an Employee on leave of absence or vacation or to fill a job vacancy in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeeswhile an active search is being made for a regular replacement. The Union said four (4) month period may be extended for the length of a leave of absence. If a temporary full-time Employee is also selected to fill a vacancy within the exclusive bargaining representative for unit, or if the temporary university employees who: perform work position becomes a permanent position, the Employee will be included in the various classifications listed bargaining unit. In such cases, the immediate previous period of temporary employment shall be credited toward benefits under this Agreement; it being understood, however, that such period shall not result in any retroactive coverage or in any retroactive contributions to any benefit plan. SEE Appendix A D.
D. Effective March 1, 1995, the University agrees to notify the Union of this temporary employees who have been on the payroll of the University for sixty (60) days. The notice shall include name, date of hire, replacing who or for what purpose and department. Departments will notify the Office of Employee and Labor Relations whenever a temporary or casual employee has been employed longer than 60 days in a position which otherwise would be covered by the collective bargaining agreement, have worked an average of four (4) hours or more per week during and that Office will notify the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations BoardUnion.
Section 2(A(1) When The parties agree to establish a joint labor/ management committee consisting of three representatives from each side. A neutral member will be added to serve as facilitator of committee meetings. The University will bear the Employer intends facilitator’s fees and expenses. The facilitator for the term of this agreement will be ▇▇▇ ▇▇▇▇▇▇▇▇▇. The committee shall meet at least quarterly. The University agrees to exclude notify the Union of positions that fall into the following categories:
a. Situations where a filled bargaining unit position based on supervisory, confidential, managerial, is upgraded or reclassified to a position outside the bargaining unit; and
b. Situations where a bargaining unit position is eliminated or significantly altered (through reorganization or for any other unclassified status, reason) and replaced by a newly created or existing position outside the Employer bargaining unit.
c. Any newly-created officer position below grade 13.
(2) The Committee shall discuss the positions identified above to determine whether the position is appropriately excluded or included in the bargaining unit.
a. The University agrees to provide cooperate fully with the Union and in providing relevant information in order to meaningfully review the affected employee(s) with no less than thirty (30) calendar days written notice of such intentpositions. Such notice information will be provided in a timely fashion.
b. Disputes which cannot be resolved by the joint labor/management committee shall be arbitrated by the Facilitator. Like cases and/or cases from the same department, school or division may be consolidated by mutual agreement. The 1986 Side Letter shall survive for whatever value it has. [See Appendix A.] All cases arising on or before September 30, 2003, are settled in accordance with the side letter on page 68.
F. The University will provide new employees with information packets at time of hire. The packets will be provided by the Union, and will include the basis for the exclusion and a copy copies of the current position description, including a statement collective bargaining agreement and union membership cards. The University will notify the Union monthly of the specific duties names of employees who received the position supporting the change in status. packets.
G. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff Union will not be effective prior required to the end pay rent for use of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet premises located at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 12.01 Pursuant to ALBERTA LABOUR RELATIONS BOARD CERTIFICATE NO. The Employer 105-2010 dated April 8, 2010 the Company recognizes the Union as the exclusive sole agent with respect to wages, hours and working conditions for bargaining representative for all classified unit employees covered by this Agreement. The term bargaining unit employees as used in positions represented this Agreement shall mean and include:
2.02 Bargaining unit employees are those employees who have been hired by the Union at Company and have completed seven (7) calendar weeks of employment following the universities designated in Article 1 - Parties first shift worked.
2.03 The Company will deduct monthly union dues from the wages of each employee who provides written authorization to the Agreement, hereinafter referred Company for such dues deductions. The Company will remit these dues to the Financial Secretary of the Union by the 15th of the following month. The Union will advise the Company in writing as employees or to the required amount of dues and changes to dues that must be deducted.
2.04 The Company recognizes the right of the Union to designate two (2) Shop Stewards and one
(1) alternate from among the bargaining unit employees. The Union is also recognizes that Shop Stewards are working employees, and are expected to be as productive as any other employee covered by this Agreement, and that they shall obtain their supervisor’s permission before leaving their job. The activities of a Shop ▇▇▇▇▇▇▇ shall be limited to regular working hours and shall not exceed the exclusive bargaining investigation and presentation of grievances to the designated Company representative for temporary university employees who: perform work in accordance with the various classifications listed in Appendix A provisions of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have Collective Bargaining Agreement. Stewards will be allowed a reasonable expectation amount of continued employmenttime, without loss of pay, upon receiving management’s approval, to discuss issues or present grievances to the Employer.
2.05 The Union shall designate in writing and the Company shall recognize up to three (3) employees from the bargaining unit who will constitute a Negotiation Committee. This recognition The function of the Committee is to meet with designated Company representatives to negotiate amendments to, or renewal of, this Collective Agreement.
2.06 Employees will be approved for leave of absence for union business where such absence does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by interfere with the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in statusCompany’s operation. The employee may elect to exercise Union shall pay the employee’s layoff rights under Article 44 - Layoff, Section 12wages during such approved leave. If the employee elects to exercise layoff rights, the layoff will Requests for such leave shall not be effective prior unreasonably denied.
2.07 A Supervisor will, during working hours introduce each new bargaining unit employee to the end Shop ▇▇▇▇▇▇▇ of the thirty department involved at a time convenient to the Company within three (30)-day notice period. If 3) working days after completion of the period laid out in 2.02.
2.08 The Union agrees to supply the Park Maintenance Manager with a list, in writing of the names of the Shop Stewards and will keep such a list up to date at all times.
2.09 Neither the Employer decides during nor the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the Union or its members will discriminate in any manner against any employee shall remain in the position. The effective date because of support or non-support of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s noticeUnion.
2.10 Should there be a requirement to conduct union business on Employer time or Employer property, the Union shall notify obtain prior permission from the Employer, in writing, of any comments it has regarding department manager or his/her designate.
2.11 If the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days Union Business Representative requires access to the Union’s challenge and indicate whether it intends Employer premises to continue with attend to matters arising from the exclusion of Collective Agreement, he shall contact the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)department manager or his designate for permission.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 16. The Employer Company hereby recognizes the Union as the exclusive bargaining representative agent for all classified its production, maintenance, and service employees, excluding Sales Persons, Service Manager, Assistant Service Manager, Service School Instructors, office and plant clerical employees, technical employees, timekeepers, Industrial Engineering Department employees, security personnel, plant superintendents, assistant superintendents, supervisors, assistant supervisors, and other supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in positions represented by the Union at status of the universities designated employees, or effectively recommend such action, in Article 1 - Parties all those matters specifically provided for herein pertaining to the Agreementwages, hereinafter referred to as employees or bargaining unit employeeshours, and working conditions.
7. The Union hereby recognizes that the Management of the plant and the direction of the working forces including the right to direct, plan, and control plant operations, and establish and change production schedules, the right to hire, promote, demote, transfer, suspend or discharge employees for proper cause, or to relieve employees because of lack of work or for other legitimate reasons, subject to the provisions of this Agreement, or the right to introduce new and improved methods or facilities, or to change existing production methods or facilities, and to manage the properties, is also the exclusive bargaining representative for temporary university employees who: perform work vested in the various classifications listed Company.
8. No employee shall engage in Appendix A any activity not authorized by the Company, which shall interfere with production. This section shall not restrict the legitimate activities of the Shop Committee members pursuant to Article IX, Par. 97, Safety Committee members pursuant to Article XIII Par. 134, and the members of the Job Evaluation Committee, Worker’s Compensation Committee, Civil Rights Committee, Group Insurance Committee, Pension Committee and Apprenticeship Committee as authorized by the appropriate Company representatives.
9. Any employee who is a member of the Union in good standing on the effective date of this collective bargaining agreementAgreement shall, have worked an average as a condition of four (4) hours or more per week during employment, maintain membership in the most recent calendar quarter, and have a reasonable expectation Union to the extent of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by paying the Employment Relations Boardperiodic membership dues uniformly required of all Union members.
Section 2(A) When 10. Any employee who, on the Employer intends to exclude effective date of this Agreement, is not a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide member of the Union and the affected employee(s) with no less than any employee thereafter hired, shall, as a condition of employment, starting thirty (30) calendar days written notice of such intent. Such notice shall include after the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within this Agreement, or thirty (30) calendar days following the beginning of their employment, whichever is the later, acquire and maintain membership in the Union to the extent provided in Paragraph 9 above.
11. The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the date Union. At the instance of the EmployerCompany, termination of Union membership for reasons other than the failure of the employee to tender the dues, assessments and initiation fees specified in this Agreement, may be submitted to an impartial arbitrator under the grievance procedure of the Agreement for determination only as to whether such termination conforms to the Constitution of the United Steelworkers of America.
12. On receipt of a voluntary written assignment authorizing such deduction from the employee on whose account such deductions are made, the Company shall deduct union dues, initiation fee, and assessments in accordance with the Constitution of the United Steelworkers of America, as certified to the Company by the International Treasurer of the Union. The Company shall deduct Union dues on a weekly basis, based on the employee’s noticeearnings from that week. Any sum deducted by the Company pursuant to this paragraph shall be remitted promptly by it to the International Treasurer of the Union.
13. Should the International Treasurer of the Union certify to the Company in writing that changes in dues or initiation fees have been duly adopted by the United Steelworkers of America, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees have duly adopted by the United Steelworkers of America, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees in the manner provided in Par. 12.
14. The Union shall indemnify and hold the Company harmless against all suits, claims, demands and liabilities that shall arise out of or by reason of any action that shall be taken by the Company for the purpose of complying with these foregoing provisions or in the reliance on any list or certificate which shall have been furnished by the Company under these provisions.
15. During the life of this Agreement, the Union agrees that there will be no strikes, stoppages, or slowdowns; the Company agrees that there shall notify the Employerbe no lockouts. Both parties promise and agree that they shall, in writingan endeavor to prevent such events from taking place, of any comments it has regarding the exclusion including specific information regarding the reason(s) charge their representatives, committees, and agents with full responsibility for the challengeperformance of each and every promise and undertaking herein contained. The Employer shall respond in writing within thirty (30) calendar days to No meetings of the Union’s challenge and indicate whether it intends to continue with the exclusion membership shall be scheduled during regular working hours without mutual agreement of the positionparties in writing.
16. Upon request Except during an emergency, employees excluded from the provisions of either partythis agreement shall not perform production or maintenance work. Instruction, the Union engineering analysis, continuous improvement team activities, assistance in debugging machinery, product demonstrations, lab work, and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)safety and ergonomic evaluations do not constitute production or maintenance work.
Appears in 1 contract
Sources: Basic Agreement (Boston Gear LLC)
RECOGNITION. Section 1. The Subject to any applicable provisions of State or Federal law or regulation now or hereafter in effect, the Employer recognizes the Union as the sole and exclusive collective bargaining representative agent for all classified employees in positions represented by the Union unit hereinafter described with respect to rates of pay, wages, hours of work, and other conditions of employment. For the purpose of this Agreement, the unit appropriate for collective bargaining is as follows:
A. All regular full-time and part-time employees of Treats Falls House, including Certified Nursing Assistants, Lead Certified Nursing Assistants, dietary employees, laundry employees, housekeeping employees, maintenance tech employees, and excluding Licensed Practical Nurses, Registered Nurses, Administrator, Director of Nursing, Facilities Director, Dietary Manager, House Supervisors, Qualified Intellectual Disabilities Professional 2 and Manager, Community Programs Director, Community Programs Supervisor, Community Programs Coordinator, Shared Living Coordinator, Director, managerial employees, confidential employees, temporary employees, and supervisors as defined in the National Labor Relations Act.
B. All regular full-time and regular part-time Direct Support Professionals in IAM’s Northern Division (those employees associated with a service location in Patten or Island Falls), and excluding all other employees in the Northern Division.
2. It is expressly agreed that nothing in the Agreement shall restrict the Employer from assigning work to supervisors, to independent contractors, or to other employees outside the bargaining unit covered thereby, if in the opinion of the Employer, this is required for the efficient and cost-effective operation of its business, and so long as this action does not result in the layoff of any bargaining unit employee.
3. The parties agree that should a successor agreement not be reach at the universities designated termination date of the contract then all of the terms of this agreement shall continue in Article 1 - Parties full force and effect day to day thereafter until either party gives ten (10) working days prior notice in writing to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A other party of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardtermination.
Section 2(A4. At any time within sixty (60) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end expiration, either party may give notice to the other of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not its desire to proceed with the exclusion negotiate a new contract and the position is not otherwise eliminated, the employee parties shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)then confer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 4.1 The Employer District recognizes the Union PCCPOA as the exclusive bargaining representative for of all classified employees in positions represented College Police/Safety Officers, Parking and Security Officers, College Police/Safety Investigators, Dispatchers, Parking Equipment Technician, and Transportation Assistant employed by the Union District, excluding all other employees and supervisors (including the Supervisor of College Police/Safety Services) as defined in the Educational Employment Relations Act. (EERA).
4.2 The appropriate unit placement of any newly created classification which the PCCPOA claims should be accreted to the unit, or any existing classification or employees which the District claims should be removed from the unit, shall be discussed between the parties hereto, and if no agreement is reached, the dispute may be submitted to PERB proceedings. Any other adjustments to the unit composition may be made by mutual written agreement, provided that nothing herein shall preclude the complete elimination of jobs or job classifications for lack of work or lack of funds.
4.3 The District shall release one employee at no loss of pay for up to five (5) calendar days per fiscal year for the purpose of attending the PCCPOA Annual Conference.
4.4 During each fiscal year the District shall grant PCCPOA 40 hours of release time, useable in one (1) hour increments to be designated as “chargeable release” time. Use will be approved by the employee’s supervisor prior to use on the District approved form bearing the signature of the PCCPOA President or his designee.
4.4.1 No more than three (3) bargaining unit members shall receive release time at the universities designated same time and will be based on the staffing needs of the District.
4.4.2 Elected officials of the PCCPOA shall be granted release time in Article 1 - Parties accordance with the provision of California Education Code Section 88210, upon written advance notice of seven (7) calendar days from the PCCPOA to the District.
4.5 Except as otherwise set forth in this Article, the parties mutually recognize the rights of all employees covered by this agreement to join and participate in the activities of PCCPOA, or to have PCCPOA represent them in their employee relations with the District, or to refuse to join or participate in the activities of PCCPOA, or any other employee organization. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against because of the exercise of these rights.
4.5.1 Members of PCCPOA may request that the District make payroll deductions for their PCCPOA dues, and all such dues collected by the District shall be remitted to PCCPOA on a monthly basis.
4.5.2 All employees who are not full dues paying members of PCCPOA are required to pay “fair share” service fees to PCCPOA as required by Section 3546 of the Education Employment Relations Act. (EERA)
4.5.3 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to PCCPOA as a condition of employment.
A. However, such employees shall be required, in lieu of a service fee required by the Agreement, hereinafter referred to pay sums equal to such service fee to either a non-religious, non- labor organization, or any other legally recognized charitable organization exempt from taxation under section 501 ( c) (3) of Title 26 of the Internal Revenue Code.
B. Any employee claiming this religious exemption shall, as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation condition of continued employment. This recognition does not apply exemption from the requirement of paying service fees to employees currently represented by other labor organizationsPCCPOA, students who are not classified employeesfurnish PCCPOA Headquarters with copies of receipts from the charity selected, campus police officers, as proof that such payments have been made or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice shall authorize payroll deductions of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)payment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 16. The Employer Company hereby recognizes the Union as the exclusive bargaining representative agent for all classified its production, maintenance, and service employees, excluding Sales Persons, Service Manager, Assistant Service Manager, Service School Instructors, office and plant clerical employees, technical employees, timekeepers, Industrial Engineering Department employees, security personnel, plant superintendents, assistant superintendents, supervisors, assistant supervisors, and other supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in positions represented by the Union at status of the universities designated employees, or effectively recommend such action, in Article 1 - Parties all those matters specifically provided for herein pertaining to the Agreementwages, hereinafter referred to as employees or bargaining unit employeeshours, and working conditions.
7. The Union hereby recognizes that the Management of the plant and the direction of the working forces including the right to direct, plan, and control plant operations, and establish and change production schedules, the right to hire, promote, demote, transfer, suspend or discharge employees for proper cause, or to relieve employees because of lack of work or for other legitimate reasons, subject to the provisions of this Agreement, or the right to introduce new and improved methods or facilities, or to change existing production methods or facilities, and to manage the properties, is also the exclusive bargaining representative for temporary university employees who: perform work vested in the various classifications listed Company.
8. No employee shall engage in Appendix A any activity not authorized by the Company, which shall interfere with production. This section shall not restrict the legitimate activities of the Shop Committee members pursuant to Article IX, Par. 97, Safety Committee members pursuant to Article XIII Par. 134, and the members of the Job Evaluation Committee, Worker's Compensation Committee, Civil Rights Committee, Group Insurance Committee, Pension Committee and Apprenticeship Committee as authorized by the appropriate Company representatives.
9. Any employee who is a member of the Union in good standing on the effective date of this collective bargaining agreementAgreement shall, have worked an average as a condition of four (4) hours or more per week during employment, maintain membership in the most recent calendar quarter, and have a reasonable expectation Union to the extent of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by paying the Employment Relations Boardperiodic membership dues uniformly required of all Union members.
Section 2(A) When 10. Any employee who, on the Employer intends to exclude effective date of this Agreement, is not a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide member of the Union and the affected employee(s) with no less than any employee thereafter hired, shall, as a condition of employment, starting thirty (30) calendar days written notice of such intent. Such notice shall include after the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within this Agreement, or thirty (30) calendar days following the beginning of their employment, whichever is the later, acquire and maintain membership in the Union to the extent provided in Paragraph 9 above.
11. The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the date Union. At the instance of the Employer’s noticeCompany, termination of Union membership for reasons other than the failure of the employee to tender the dues, assessments and initiation fees specified in this Agreement, may be submitted to an impartial arbitrator under the grievance procedure of the Agreement for determination only as to whether such termination conforms to the Constitution of the United Steelworkers.
12. On receipt of a voluntary written assignment authorizing such deduction from the employee on whose account such deductions are made, the Company shall deduct union dues, initiation fee, and assessments in accordance with the Constitution of the United Steelworkers, as certified to the Company by the International Treasurer of the Union. The Company shall deduct Union dues on a weekly basis, based on the employee's earnings from that week. Any sum deducted by the Company pursuant to this paragraph shall be remitted promptly by it to the International Treasurer of the Union.
13. Should the International Treasurer of the Union certify to the Company in writing that changes in dues or initiation fees have been duly adopted by the United Steelworkers, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees have duly adopted by the United Steelworkers, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees in the manner provided in Par. 12.
14. The Union shall indemnify and hold the Company harmless against all suits, claims, demands and liabilities that shall arise out of or by reason of any action that shall be taken by the Company for the purpose of complying with these foregoing provisions or in the reliance on any list or certificate which shall have been furnished by the Company under these provisions.
15. During the life of this Agreement, the Union agrees that there will be no strikes, stoppages, or slowdowns; the Company agrees that there shall notify the Employerbe no lockouts. Both parties promise and agree that they shall, in writingan endeavor to prevent such events from taking place, of any comments it has regarding the exclusion including specific information regarding the reason(s) charge their representatives, committees, and agents with full responsibility for the challengeperformance of each and every promise and undertaking herein contained. The Employer shall respond in writing within thirty (30) calendar days to No meetings of the Union’s challenge and indicate whether it intends to continue with the exclusion 's membership shall be scheduled during regular working hours without mutual agreement of the positionparties in writing.
16. Upon request Except during an emergency, employees excluded from the provisions of either partythis agreement shall not perform production or maintenance work. Instruction, the Union engineering analysis, continuous improvement team activities, assistance in debugging machinery, product demonstrations, lab work, and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)safety and ergonomic evaluations do not constitute production or maintenance work.
Appears in 1 contract
RECOGNITION. Section 1The Employer the Canadian Union of Public Employees and its Local as the sole and exclusive bargaining agency for all employees of the Li- brary and Archives, save and except for Librarians Archivists Senior Assistant, Acquisitions-Order/Receiving Section, position number 1 Evening Supervisor, position number Senior Secretary, Library Administration, position num- ber Administrative Secretary, Library Administration, position number Personnel Assistant, Library Administration, position number Business Officer, position number Computer Programmer Analyst, position number Systems Coordinator, position number persons regularly employed for not more than seventeen and a half hours a week. Included as employees will be the incumbents of position numbers and plus any other similar regular part-time positions that might be origi- nated. Where the singular is used in this Agreement, it shall mean and top The parties to this Agreement state emphatically that all positions are available equally to male or female employees. This fact shall be stated clearly whenever a vacancy in these classifications is advertised. While this Collective Agreement is in effect July until June one member from each party shall meet to reword articles with a view to achieving gender-neutral language. Such changes will be subject to ratification. Employees as defined in this article shall be in- cluded in the bargaining unit whether or not they are paid from the University’s operating budget. A temporary employee is an employee who is hired on a term appointment to cover the lengthy absence of a continuing employee or to fill a short-term temporary position created to supplement existing staff. and who falls within the definition of the bargaining unit as contained in Article If a temporary employee reaches the end date of his/her term appointment without receiving a con- tinuing appointment, then his/her employment will lapse at the end date of that term appointment. The Employer recognizes the Union as the exclusive bargaining representative for all classified parties agree that temporary employees in positions represented are covered by the Union at terms of this contract except for those arti- cles and conditions set out below: The hiring of a temporary employee shall not be used to avoid the universities designated posting of a vacancy in a continuing position or to avoid the recall of a laid-off employee as specified in Article 1 - Parties to of the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative term appointment for a temporary university employee shall not be shorter than three months nor longer than one year. Temporary employees who: perform work shall be paid in the various classifications listed in Appendix A accordance with Schedule “A” of this collective bargaining agreement. A temporary employee shall complete the full period of a term appointment and shall not be eligible to be considered for any posted vacancy unless the vacant position would result in a continuing appointment. However, have worked an average of four (4) hours or more per week if the employee received a continuing appointment and is unsuccessful during the most recent calendar quartertrial period or is displaced by the reversion of another employee, and have a reasonable expectation of continued employment. This recognition does he/she cannot apply return to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial his/her former temporary position because it no longer exists and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit no temporary position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If which the employee elects to exercise layoff rightsis qual- ified is held by an employee with less seniority, the layoff will not then his/her employment may be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)terminated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer recognizes the Union as the sole and exclusive bargaining representative agent for all classified of its sworn police officers through the rank of Corporal. Police Communication Officers, Civilian Uniformed Personnel, Police Monitoring Facility Technicians, Cadets, permanent part time employees in positions represented by and non-sworn employees of the Union at the universities designated Police Department set forth in Article 1 - Parties (8) of this agreement for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment. Union business shall not be conducted on MTA's property without the Agreementpermission of the Chief of Police or his designee. However, hereinafter referred it is understood that every effort shall be made to as employees or bargaining unit employeescooperate with Union representatives when and if such permission is sought for the purpose of legitimate Union business. The Union is also the exclusive bargaining representative for temporary university employees who: perform work Such business, if approved, must not be conducted on MTA pay time and must not interfere with nor distract any employee in the various classifications listed in Appendix A performance of this collective bargaining agreement, have worked an average their regular duties. On January 1st of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuseach year, the Employer agrees employer shall credit the Union's release time account with eighteen (18) days. Union representatives will be allowed time off with pay charged against the Account consistent with the oper- ational needs of the employer for Union business such as state or area-wide committee meetings or state or International conventions, preparation time for negotiations and Union sponsored labor relations training, provided such representative provides reasonable notice to provide the his/her supervisor of such absence. Reasonable notice for Union sponsored meetings and the affected employee(s) with no less than thirty conventions listed above is at least ten (3010) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee employer shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty respond within five (305) calendar days of receiving the date representative's notice. Such time off will not be detrimental in any way to the employee's record and will be specifically taken into account when applying performance standards relating to quantity and timeliness of the Employer’s noticework. Time may be used in one (1) hour increments. Time off with pay will not be unreasonably withheld. Additionally, up to four union representatives will be paid by MTA for time lost from their regularly scheduled MTA duties due to attendance at contract negotiation sessions; and one representative shall be so paid for attendance at grievance, grievance appeal or LEOBR hearings without charge to the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Business Leave bank.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer 1.1 For the purpose of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements, and any question arising there under, the Committee recognizes the Union SEIU Local 888 as the exclusive bargaining representative for all classified permanent employees in the positions represented of food service worker, lead utility worker, cook, and driver/▇▇▇▇▇▇ and excluding all other positions.
1.2 Subject to the provisions of Section 1.4 below, the Committee shall deduct Union dues and assessments, as the same shall from time to time be certified in writing to the Committee by the Treasurer of the Union, from the wages of each member of the Union, provided, however, that no such deductions shall be made from such employees' wages except upon authorization by him/her on an appropriate form supplied by the Union at the universities designated in Article 1 - Parties and submitted to the AgreementCommittee. All such amounts as have been deducted hereunder shall be transmitted to the Treasurer of the Union.
1.3 The Employer shall provide new employees, hereinafter referred to as part of their onboarding paperwork process, a membership enrollment and dues deduction form, as provided by the Union. Should any new employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by question about the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statusform, the Employer agrees shall direct the new employee to provide the President of the Union. The Emplover shall forward completed forms to the Union as soon as reasonably possible. The Employer shall schedule and the affected employee(sconduct one (1) with no less than new employee orientation per month, starting in September, for any new employee hired. The Employer shall provide thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position descriptionminutes during this monthly new employee orientation, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify as scheduled by the Employer, for a representative, as designated by the Union, to orient new employees in writingregard to Union business.
1.4 The Committee shall deduct and remit Union dues, of assessments and service fees on a bi-weekly basis.
1.5 No written deduction authorization, whether for Union dues or service fees, shall be revoked by any comments it has regarding the exclusion including specific information regarding the reason(semployee covered by this Agreement without first giving at least sixty (60) for the challenge. The Employer shall respond days’ notice in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends Union Treasurer.
1.6 No employee who has completed his/her probationary period, as provided in Section 3.3, shall be removed, suspended, involuntarily transferred, fined, reduced in pay, assigned to continue with the exclusion of the position. Upon request of either partyless desirable duties, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)discharged or disciplined in any manner except for just cause.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1.
1.1 The Employer County recognizes the Union Association as the exclusive collective bargaining representative agent for all classified full-time employees in positions represented the following classifications: Recruit Deputy Forensic Technician 1 Deputy Forensic Technician 2 Corporal Forensic Analyst Detective Civil Recruit Deputy Civil Deputy ▇▇▇▇ Recruit Deputy Evidence Officer 1 Jail Deputy Evidence Officer 2 Jail Corporal Senior Evidence Officer Temporary, part-time, seasonal, variable hour and confidential and supervisory employees shall be excluded from the bargaining unit and not covered by this Agreement when deemed excluded by agreement of the Union at parties or by a legal and final determination of the universities designated in Article 1 - Parties Oregon Employment Relations Board. Bargaining unit employees shall have priority for the scheduling of bargaining unit assignments, hours and overtime. Non-bargaining unit employees shall not be scheduled to work any bargaining unit work and/or assignments when there is a bargaining unit employee who is willing, ready and able to perform the Agreementwork. If no bargaining unit employee is ready, hereinafter referred willing and able to as employees perform the work and a non-bargaining unit employee is scheduled, once scheduled, there shall be no opportunity to “bump” a non- bargaining unit employee from any of the assignment or work opportunity that the non- bargaining unit employee is filling. Regardless of whether a non-bargaining unit employee is performing or filling bargaining unit work or assignment – the bargaining unit work and/or assignment will remain the purview and work/assignment of the Association. Corporal, Jail Corporal, Detective, and Senior Evidence Officer are internal promotional opportunities for bargaining unit employees. These positions may be offered externally only if there are no qualified internal applicants.
1.2 The Union class titles used above are for descriptive purposes only. Copies of the current class titles set forth in Section 1.1 shall be made available to the Association electronically. Their use is also neither an indication nor a guarantee that these classes or titles will continue to be utilized by the exclusive bargaining representative for temporary university employees who: perform work in County.
1.3 The County shall promptly notify the various Association of its decision to change any of the classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent1.1 above. Such notice shall include the basis for the exclusion and changes must be bargained before implementation. If there is a copy successor classification or new classification doing any of the current position description, including work or duties or functions of classifications and/or employees represented by the Association then the successor/new classification shall automatically be recognized as a statement part of the specific duties Association and covered by this Agreement.
1.4 New classifications may be developed within the Sheriff’s Office by the County and assigned a wage scale. The County shall notify the Association President of the position supporting new classification and forward a job description and wage scale to the change in statusAssociation President for review. The employee Pursuant to ORS 243.650 et seq., the Association shall have the right to bargain about mandatory subject and/or subjects with mandatory impacts, related to the new classification. During bargaining about the new classification, as long as the new classification has been placed within the Association, the County may elect proceed with the hiring process with the understanding that any subsequent agreed upon changes related to exercise the new classification will be made retroactive to the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end date of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the positionhire. The effective date of County further recognizes that the exclusion remains unchanged. Within thirty (30) calendar days of Association reserves the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days right to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)new classification through PECBA procedures.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer Company recognizes the Union as the exclusive sole bargaining representative agent for all classified employees in positions represented by of the Union Company employed at the universities designated in Article 1 - Parties Empress Plant with the exception of team leaders and employees above the rank of team leaders, office and clerical employees, as well as professional and administrative employees.
2.02 The term “employee” or “employees” whenever hereinafter used shall mean any person or persons covered by this Agreement.
2.03 The Company agrees to the Agreement, hereinafter referred to as employees or bargaining unit employees. The recognize a Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average Bargaining Committee of four (4) hours employees who may be accompanied by a duly authorized representative of Unifor. As far as practicable, all meetings between Company and Union representatives will be held during working hours. No employee shall suffer loss of straight-time pay by reason of attending such meetings.
2.04 Nothing in this Agreement shall limit the Company in the exercise of its functions of management, under which it shall have, among others, the right to maintain order, discipline and efficiency; to hire new employees and to direct the working force; to determine or more per week during change work assignments or methods; to decide the most recent calendar quarternumber and location of its plants, products to be manufactured, the methods and schedules of production, including the means and processes of manufacturing, kinds and location of equipment to be used, the extension, limitation, curtailment or cessation of operations. The Company shall have the right to promote, demote, suspend or discharge for just cause (which just cause is to be stated in writing); to classify or re- classify, transfer or lay off employees because of lack of work; which rights are subject to the terms of this Agreement and subject to the right of the employee concerned to lodge a reasonable expectation of continued employment. This recognition does not apply grievance in the manner and to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as the extent provided in this Agreement.
2.05 The Company will deduct Union dues determined by the Employment Relations Boardlocal Union from the employee’s pay on each pay day. The total amount of deductions will be remitted to the Secretary-Treasurer of the Union with a list of those employees from whom the deductions were made.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial2.06 The Company agrees that employees who are, or other unclassified statuswho during the term of this Agreement become members of the Union shall, as a condition of continued employment with the Company, remain members in good standing of the Union; provided however, the Employer agrees to provide provision of this Article 2.06 shall not apply in respect of any employee who withdraws their membership from the Union and during a thirty (30) day period immediately preceding the affected employee(s) with no less than termination date of this Agreement.
2.07 The Union shall give the Company thirty (30) calendar days written notice of when requesting the Company to terminate an employee because such intent. Such notice shall include the basis for the exclusion and employee is not a copy member in good standing of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer recognizes the Union as the sole and exclusive bargaining representative agent for all classified employees working in positions represented Metropolitan Toronto save and except supervisors, persons above the rank of supervisor, office and sales staff.
2.02 Employees excluded from the bargaining unit shall not perform bargaining unit work, except for the purposes of testing new equipment, training, demonstrations, and non-production emergencies, and in urgent situations when qualified bargaining unit employees are not available. The role of supervisory staff shall be to direct the work of the group of employees under their supervision. All processing of products within Benwind facilities shall be performed exclusively by Benwind employees.
2.03 Should any of the Union at present operations be moved to a location(s) outside of the universities designated boundaries of Metropolitan Toronto, this Agreement shall be extended to a location within one hundred and sixty (160) kilometres of the existing plant.
2.04 The Employer shall not contract out work which the bargaining unit employees are capable of performing where such outsourcing in Article 1 - Parties to the Agreement, hereinafter referred to as employees or itself would cause a lay-off of bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work During any period when layoffs are in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuseffect, the Employer agrees to provide will not, without the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy agreement of the current position descriptionUnion, including a statement contract out any work which the Bargaining Unit members on layoff are capable of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12performing. If the employee elects to exercise employees on layoff rightsare offered and accept a recall for this work, but then are laid off again within a period of five (5) days, the layoff will notice provisions under Article 15.01 of this agreement shall not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. apply.
2.05 The Employer shall respond in writing within thirty (30) calendar days to supply the Union’s challenge and indicate whether it intends to continue Union with the exclusion names and primary area of responsibility of all supervisors of the positionbargaining unit and update this whenever changes are made. Upon request of either partyIn addition, the Union and Employer will post a notice of any newly hired supervisors at the time of hire.
2.06 The taking of the annual inventory shall not cause a lay off of bargaining unit employees. Employer shall meet at retain the exclusive right to assign bargaining unit employees not involved in the inventory to any available work. Employees assigned to work under this article shall receive their regular wage rate, This article shall not be construed as to affect employees on lay off due to a mutually agreed time within shortage of work where that layoff took effect more than five (5) working days prior to inventory (i.e. if a layoff is already in effect, there will be no recall for the initial thirty (30)-day period to discuss the exclusion(spurposes of performing inventory-related activities).
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.1 The Employer County recognizes the Union as the sole and exclusive collective bargaining representative agent for the establishment of rates of pay, hours of work, fringe benefits and other conditions of employment for all classified employees regular full-time persons employed by the County in positions a position of one of the classifications listed in Schedule A.
2.2 Prior to adoption by the Human Resources Manager, the County will notify the Union of proposed new or amended classifications within departments represented by the Union and will indicate whether or not it believes that any of them should be included within the bargaining unit. If the Union believes that any proposed classification should be included within the bargaining unit, Union representatives may meet with County representative to discuss the matter. If agreement is not reached within a reasonable time, the County’s Human Resources Manager may proceed with adopting the proposed new or amended classification. Once the classification at issue is adopted, either or both of the universities designated in Article 1 - Parties parties may petition the Employment Relations Board for a determination of whether or not the classification is within the bargaining unit. Prior to such determination, the Agreementclassification shall remain out of the bargaining unit. In the event the classification is filled by a member of the bargaining unit, hereinafter referred the employee will be allowed to as employees or remain a member of the bargaining unit employees. The Union is also pending resolution of the exclusive issue, unless the County has designated the classification as supervisory or confidential, in which case the employee will not be allowed to remain a member of the bargaining representative for temporary university employees who: perform work in unit pending resolution of the various classifications listed in Appendix A of this collective issue.
2.3 Any dispute concerning bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined unit composition shall be resolved by the Employment Relations Board.
Section 2(A) When 2.4 The Union recognizes the Employer intends to exclude a filled County’s existing practice of employing temporary and seasonal employees and of utilizing the services of temporary personnel employed by an agency providing such personnel for the purpose of supplementing the bargaining unit position based on supervisorywork force covered by this Agreement, confidentialmeeting seasonal and special project work force requirements, managerial, or other unclassified status, and avoiding the Employer agrees to provide the Union necessity of periodic layoff of Career and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy Career Probationary Employees who are members of the current position description, including a statement of the specific duties of the position supporting the change in statusbargaining unit. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff Temporary and seasonal employees and temporary (contract) employees will not be effective prior to the end of the thirty employed for more than six (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain 6) consecutive months in the position. The effective date of the exclusion remains unchanged. Within thirty (30) a calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)year.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer Company recognizes the Union as the exclusive sole bargaining representative agent of its employees at Brampton Ontario, save and except supervisors, office staff, sales staff, and persons above the rank of supervisor, persons regularly employed for all classified not more than twenty-four (24) hours per week, and persons excluded by subsisting collective agreement.
2.02 Supervisors outside the bargaining unit will not perform bargaining unit work except where such work is due to emergencies beyond the control of the Company, to provide training and instruction, to conduct research and development, where immediate action is required to ensure the safety or well-being of employees, merchandise, equipment, or facilities, or as necessary incidental to the performance of regular supervisory duties.
2.03 Temporary employees in positions represented shall not be covered by the terms of the Collective Agreement. A “temporary employee” shall be defined as one engaged by the Company to replace a regular employee who is on leave of absence, long or short-term disability, or workers’ compensation for a period which does not exceed six (6) continuous months. A temporary employee may replace a regular employee absent due to pregnancy and/or parental leave for period not to exceed twelve (12) continuous months. The Union at shall receive notice of persons engaged to fill these absences. A temporary employee shall also include persons engaged to replace regular employees on vacation relief during the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as period between April 15th and October 15th of any given year. There shall be no more temporary employees or employed than are actually replacing bargaining unit employees. The Union is also the exclusive bargaining representative for A temporary university employees who: perform work employee who remains in the various classifications listed in Appendix A employ of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officersCompany for longer than the above stated period, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined who has been accepted by the Employment Relations Board.
Section 2(A) When Company as a regular full-time employee, shall thereupon cease to be considered a temporary employee. Should this occur, continuous service since the Employer intends to exclude last date of hire as a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, temporary employee shall be included in the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice computation of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoffprobationary period. Temporary employees engaged in vacation relief outside of the respective time periods for those engagements will be considered as being hired as regular probationary employees. The Company agrees that part time and agency hours will be kept to a bare minimum and that part time and agency help (excluding those persons designated as Temporary employees), Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior used to the end extent of replacing or preventing the thirty (30)-day notice periodhiring of full time employees. If No full time employee who is willing and qualified to do the Employer decides during the thirty (30)-day notice period not work, will be sent home due to proceed with the exclusion and the position lack of work while a part time, agency or temporary person is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)working.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the paraprofessionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive "bargaining representative for all classified unit" and individually as "member" or as "employee."
3. The employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university shall consist of employees who: perform who work in the various classifications positions listed in Appendix A B of this collective Agreement. Substitute employees are included in the bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentunit. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential Confidential employees as defined by law or as determined by in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the Employment Relations Boardbargaining unit.
Section 2(A) When the Employer intends 4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to exclude avoid creating a filled represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuspositions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the Employer agrees to provide SPS shall notify the Union and the affected employee(s) with no less than thirty (30) calendar days written notice SEA of such intentuse.
5. Such notice Whenever the SPS modifies the job title or the job description of any position listed in Appendix B, it shall include furnish the basis for text of such change to the exclusion SEA and Appendix B shall be considered as thereby amended to that extent. Should the SPS desire to delete a copy of modified or discontinued job title from Appendix B, it shall so advise the current position description, including a statement of SEA in writing giving the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12reasons. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rightsthat extent. Any dispute between the parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.
6. Whenever the SPS creates a new job title and job description relating to office clerical work of the general type already included within the bargaining unit, it shall furnish the layoff will not be effective prior text of same to the end SEA with a request that it be added to Appendix B provided:
a. The positions to be filled under such title are to be regular positions.
b. The positions to be filled are not confidential, as defined in Item 5 above.
ARTICLE I: PURPOSE, RECOGNITION AND TERMS OF AGREEMENT
c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the unit or which otherwise establish a separate community of interest among the thirty (30)-day notice periodemployees to be added. If the Employer decides during SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the thirty (30)-day notice period parties over proposed inclusion or exclusion of job titles not to proceed resolved by direct negotiations shall be resolved in accordance with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date unit clarification procedures of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Chapter 391-35 WAC.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. (A) The Employer recognizes the Union as the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Agreement and for all classified positions currently represented by the Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentChancellor's office. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, temporary, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A(1) When The Employer agrees to provide the Employer intends Union and the affected employee(s) with no less than thirty (30) days written notice of its intent to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s his/her layoff rights under Article 44 48 - LayoffLayoffs, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. .
(2) Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. .
(3) The Employer shall respond in writing within thirty ten (3010) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. .
(4) Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
(5) All deadlines may be extended by mutual agreement.
(6) For purposes of this Section, written notice may be provided by personal delivery, e-mail, fax, or mail (postmark) within the time frames cited above. Notices to the Union under this Section will be sent to the Union designee – as specifically provided by the Union – at SEIU Salem headquarters, with a copy to the Union’s
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. (a) The Employer Board recognizes the Union as the exclusive bargaining representative agent for all classified Secretarial and Clerical employees in positions represented that are covered by the Union at Collective Agreement save and except supervisors, persons above the universities designated in Article 1 - Parties rank of supervisor, Secretary to the AgreementDirector, hereinafter referred Secretaries to as the Standing Committees, Secretary to the Board, Secretary to the Superintendent of Finance, Secretary to the Superintendent of Operations, Administrative Assistant - Employee Benefits, Administrative Assistant - Human Resources, Human Resources Clerk/Typist, Secretary to the Labour Relations Officer, Secretary to the Superintendent of Human Resources, temporary employees, students employed during the school vacation period, students employed pursuant to a co-operative training program in conjunction with a school, college or university, students attending school on a full-time basis and any other employees or for whom any trade union holds bargaining rights.
(b) Excluded employees will not perform work which is the exclusive function of bargaining unit employees. employees except under the following circumstances:
i) when bargaining unit employees who regularly perform such work are absent or not available.
ii) when bargaining unit employees who regularly perform the work are assigned to other duties.
iii) when an overload situation occurs in a particular area of the office.
iv) when training or instruction of employee(s) so requires.
3:02 The Union is also recognizes the exclusive bargaining representative for temporary university employees who: perform work in negotiating committee of the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during Board as the most recent calendar quarter, body competent to represent the Board and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardnegotiate on its behalf.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide 3:03 Both the Union and the affected employee(s) with no less than thirty (30) calendar days written notice Board recognize the right of such intent. Such notice shall include the basis for the exclusion and a copy of the current position descriptioneach other to have advisors, including a statement of the specific duties of the position supporting the change agents, counsellors, solicitors, or any other duly authorized representatives to represent them in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior all matters pertaining to the end negotiation and administration of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. this Agreement.
3:04 The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify inform the EmployerBoard, in writing, of any comments it has regarding the exclusion including specific information regarding names of its elected or appointed Executive and/or committee members prior to September 1st of each year.
3:05 A Labour/Management Co-operative Committee shall be established with no more than four (4) representatives of each of the reason(s) for the challengeUnion and of management to discuss matters of concern. The Employer shall respond in writing within thirty (30) calendar days to committee will meet at the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party at a time mutually agreed upon.
3:06 Matters that have been discussed at a Labour/Management Co-Operative Committee and remain unresolved may be directed to a Union/Trustee Relations Committee comprised of no more than three (3) representatives from each party.
3:07 In the event of a new permanent job classification being established which is not already covered within the scope of another Collective Agreement, and which has a similar community of interest to positions within the Secretarial/Clerical unit, the Union and the Employer Board shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)appropriate bargaining unit for the new classification. It is understood that, if the position could be placed in one of several bargaining units, that a meeting will be called of all involved parties to discuss this issue. If the parties are unable to resolve this issue, an individual party may request the Ontario Labour Relations Board to determine this issue. This clause does not pertain to positions in which the incumbent would not be deemed to be an employee under the Ontario Labour Relations Act.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the paraprofessionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive "bargaining representative for all classified unit" and individually as "member" or as "employee."
3. The employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university shall consist of employees who: perform who work in the various classifications positions listed in Appendix A B of this collective Agreement. Substitute employees are included in the bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employmentunit. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential Confidential employees as defined by law or as determined by in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the Employment Relations Boardbargaining unit.
Section 2(A) When the Employer intends 4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to exclude avoid creating a filled represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuspositions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the Employer agrees to provide SPS shall notify the Union and the affected employee(s) with no less than thirty (30) calendar days written notice SEA of such intentuse.
5. Such notice Whenever the SPS modifies the job title or the job description of any position listed in Appendix B, it shall include furnish the basis for text of such change to the exclusion SEA and Appendix B shall be considered as thereby amended to that extent. Should the SPS desire to delete a copy of modified or discontinued job title from Appendix B, it shall so advise the current position description, including a statement of SEA in writing giving the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12reasons. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rightsthat extent. Any dispute between the parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.
6. Whenever the SPS creates a new job title and job description relating to office clerical work of the general type already included within the bargaining unit, it shall furnish the layoff will not be effective prior text of same to the end SEA with a request that it be added to Appendix B provided:
a. The positions to be filled under such title are to be regular positions.
b. The positions to be filled are not confidential, as defined in Item 5 above.
c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the unit or which otherwise establish a separate community of interest among the thirty (30)-day notice periodemployees to be added. If the Employer decides during SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the thirty (30)-day notice period parties over proposed inclusion or exclusion of job titles not to proceed resolved by direct negotiations shall be resolved in accordance with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date unit clarification procedures of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Chapter 391-35 WAC.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. A. The Board hereby recognizes the Association as the exclusive and sole bargaining agent as defined in Section 111 of Act 379, Public Acts of 1965, for all of its employees in the bargaining unit, described and defined as:
B. The term "employee," singular or plural, when used hereinafter in this Agreement, shall mean a member of the bargaining unit as defined herein above, provided that provisions of this Agreement can have limited applicability to certain groups of employees in the bargaining unit by use of an appropriate designating term preceding the term "employee." References to one gender shall include the other.
C. The Employer may assign persons who are not employees covered by this Agreement to do work normally and usually done by employees in this bargaining unit or additional work of the same type and kind, provided the assignment of work to those persons does not reduce the regularly scheduled hours of any employee nor supplant or reduce the work force traditionally used to accomplish the routine work done by bargaining unit employees in each building. Except for unpaid volunteers, assignment of work pursuant to this provision shall be limited to cases of temporary special projects or temporary need except when the person is in a government service program and the work done by him/her would otherwise be assumed by the existing work force or would remain undone. Whenever possible, substitutes filling in for regular seniority employees who are absent shall, prior to assumption of duties, be provided with an orientation to the job, including but not limited to a list of the expected duties and some training on how to carry out those duties.
D. If the Employer decides it is necessary to explore contracting Building and Grounds, Office Management, Food and Nutrition, Paraeducators, Technology services, the district will notify the President of the Association at the earliest opportunity possible so that discussions regarding the need can take place and the Association has an opportunity to provide an alternate solution prior to a contract decision being made by the District.
E. The Employer shall notify the Union in writing when new jobs (or revised job duties) are required during the term of this Agreement. In the event they cannot be properly placed into an existing sub- classification by mutual agreement between the parties, the employer shall place into effect a new sub-classification and rate of pay for the job in question, and shall designate the sub-classification and pay rate as temporary. The Employer recognizes shall notify the Union as in writing of any such temporary job which has been placed into effect upon the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeesinstitution of such job. The Union is also the exclusive bargaining representative new sub-classification and rate of pay shall be considered as temporary for temporary university employees who: perform work in the various classifications listed in Appendix A a period of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days following the date of written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior notification to the end of the thirty (30)-day notice periodUnion. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within During this thirty (30) calendar days day period, but not thereafter during the life of the date of the Employer’s noticethis Agreement, the Union shall notify may request the Employer, in writing, to negotiate the sub-classification and rate of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengepay. The Employer negotiated rate, if higher than the temporary rate, shall respond in writing within thirty (30) calendar days be applied to the Union’s challenge and indicate whether it intends to continue with date the exclusion of employee first began working in the positiontemporary sub-classification, except as otherwise mutually agreed.
▇. Upon request of either party, the Union ▇▇▇▇▇ Leadership and the Employer shall Administration will meet at a mutually agreed time within quarterly to aid in the initial thirty (30)-day period communication surrounding issues as they arise. Either party may request to discuss the exclusion(s)meet.
Appears in 1 contract
Sources: Master Agreement
RECOGNITION. Section 1. SECTION 1 The Employer recognizes the Union as the exclusive bargaining representative agent on matters of wages, hours of work, and conditions of employment for the following employees as provided for in the certification numbers R71- 1378 and R71-J-396 by the Bureau of Employment Relations, Department of Consumer & Industry Services: all Department Associates, Senior Department Associates, all full-time and regular part-time Administrative Staff, typist-central services and general posting clerks, excluding supervisors, labor staff representatives, confidential employees, executive employees, bookkeeper, guards and all other employees.
SECTION 2 All new professional and Administrative employees shall be probationary employees for the first 90 calendar days of their employment. There shall be no responsibility for re-employment of probationary employees if they are laid off or discharged during this period. Nor shall such employees be covered by any of the terms or provisions of this agreement with the exception of the agreed salaries, benefits and the working rules. After the period of probation is completed, the names of the probationary employees shall be placed on their respective seniority list and they shall be required to become members of the Union.
SECTION 3 All employees who are members of the Union on the date of this agreement as executed and all employees who thereafter join the Union shall, as a condition of their employment, maintain their membership in the Union. Employees hired, rehired, reinstated or transferred into the Bargaining Unit after the effective date of this Agreement and covered by this Agreement, shall be required, as a condition of employment, to become members of the Union for the duration of this Agreement upon completion of their probationary period.
SECTION 4 The Employer agrees to use the designated symbol of the Allied Trades Printing Union Label - AFL-CIO or the OPEIU label, on its general campaign material.
SECTION 5 The Employer will notify the Union of the status of all bargaining unit employees of CAUW at the time of hire. This list shall include: seniority, salary levels, and benefits for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also , probationary period information and other information as it relates to the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have unit on a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardrequest basis.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis SECTION 6 Meetings for the exclusion purpose of conducting union business is to be held on non-work time which may include taking vacation or personal time. Management will cover the phones and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect reception area to exercise allow union business to be conducted over the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)lunch hour.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 1.1 The Employer recognizes and acknowledges that the Union as is the exclusive duly authorized collective bargaining representative for all classified regular full-time and regular part-time employees in positions represented excluding supervisors, confidential, managerial, professional, and office employees; licensed practical nurses, registered nurses, and registered occupational therapists, and as certified by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment National Labor Relations Board.
Section 2(A1.2 Employees will be hired on a probationary basis. This probationary period will be ninety (90) When calendar days in length, and the Employer intends to exclude a filled bargaining unit position based on supervisoryemployee may be discharged for any cause, confidentialwithout recourse, managerial, or other unclassified statusduring this period. Where the new employee, the Employer agrees to provide Facility, and the Union and the affected employee(s) with no less than may benefit from an additional thirty (30) calendar days written notice of probation, such intent. Such notice shall include the basis for the exclusion and a copy additional thirty (30) days may be granted by mutual agreement of the current position descriptionEmployer and the Union. Seniority shall not accrue to workers during their probationary period. However, including a statement upon successful completion of the specific duties probation period, all workers shall have their seniority revert back to the date of hire.
Section 1.3 All present employees covered by this Agreement who are members of the position supporting Union on the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of this Agreement shall remain members in good standing as a condition of employment. All present members who are not members of the exclusion remains unchanged. Within Union on the effective date of this Agreement and all employees who are hired hereafter shall become members of the Union within thirty (30) calendar days of the effective date of the Employer’s noticethis Agreement, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing or within thirty (30) calendar days of their hiring date, whichever is later.
Section 1.4 The Employer agrees to deduct from the wages of all employees covered by this Agreement, after receipt of a signed authorization from each such employee, dues and fees of the Union. Union dues and/or fees will be taken out over the first two (2) consecutive pay periods of the month. The Employer shall transmit the dues, initiation fees and any other fees to the Union’s challenge and indicate whether it intends to continue . The Employer shall also include electronic lists with the exclusion of employee ID number, last name, first name, pay period end date, initiation amount deducted, dues amount deducted and any other fees deducted. The Employer may combine these lists with the positionlist below. Upon request of either party, the The Employer shall have no obligation to obtain such authorization.
Section 1.5 The Union and agrees to indemnify the Employer and hold it harmless against any and all suits, claims, demands and liabilities for damages for penalties and any other expenses that shall meet at arise out of or by reason of any action that shall be taken by the Employer for the purpose of complying with the foregoing provisions of this Article.
Section 1.6 A designated work site leader will be allowed a mutually agreed time within the initial thirty (30)-day period 30) minute time slot at orientation to discuss inform new bargaining unit employees about the exclusion(s)Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. (a) The Employer recognizes the Union as the exclusive sole collective bargaining representative agent for all classified employees coming under the jurisdiction of the Agreement, save and except the Store Manager, Assistant Store Manager, Meat Department Manager, Bakery Department Manager, Health and Wellness Counsellor, Registered Dietician, Pharmacy Manager, Graduate and Undergraduate Pharmacists, Registered Pharmacy Technician, and persons above the rank of Store Manager.
(b) Any employee appointed to the position of Produce Manager, Food Service Manager, (Deli Manager) or Second Assistant Manager on or after December 2, 2018 will be excluded from the provisions of this Agreement.
(c) Any existing employee in a position noted above may elect to become excluded from the Collective Agreement within one (1) year from November 26, 2018 by presenting a letter to the Employer with a copy to the Union. During a thirteen (13) week trial period (from the date of appointment) the employer will have the right to revert the employee to their former position or the employee may choose to revert to their former position in the bargaining unit with no impact on their seniority.
(d) It is understood that any clause in the agreement that references employees in positions represented that are or will be excluded applies to only those employees who remain covered by the Union at the universities designated in Article 1 - Parties provisions of this agreement and not to those employees who are or will, become excluded under clause 1.01.
(e) Notwithstanding sub-section 1.01(f) of the Agreement, hereinafter referred demotions from Produce Manager, Food Service Manager (Deli Manager), or Second Assistant Manager will be based on case and will be subject to grievance and arbitration procedures.
(f) The promotion to Second Assistant Manager, Management Trainee (to a maximum of one per store), Produce Manager, Full Service Meat Counter Operator, Floral Manager, Coffee Bar Operator, Food Service Manager, Lead Hand on nights, and all employees designated as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work a second person in the various classifications listed in Appendix A Produce Department, Full Service Floral Department, Food Service Department (including Meat and Deli Order Writers), Coffee Bar and Bakery Department shall be at the sole discretion of management. Any employee promoted by the operation of this collective bargaining agreementclause shall, have worked an average of four (4) hours if he/she is subsequently demoted or more per week during relinquishes the most recent calendar quarterposition, revert to his/her previous status and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Boardseniority date.
Section 2(A) When 1.02 In the event the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified statuscreates new departments within the stores, the Employer agrees to provide and the Union agree to meet to negotiate rates of pay and other conditions specific to the affected employee(s) with no less than thirty (30) calendar days written notice of such intentnew department. Such notice shall include In the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will event agreement cannot be effective prior to reached, at the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, party the Union and matter may be referred to arbitration in accordance with the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Arbitration section of this agreement.
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1. 1.1 The Employer Company recognizes the Union as the exclusive collective bargaining representative agent for all classified employees the Employees of the Company in positions represented by this facility and the Company agrees to meet with and bargain with the accredited representatives of the Union at the universities designated in Article 1 - Parties on all matters pertaining to the Agreementwages, hereinafter referred to as employees or bargaining unit employeesrates of pay, hours of employment and other conditions of employment. The Union is also recognizes the responsibility imposed upon it as the exclusive bargaining representative agent of the employees and realizes that in order to provide maximum opportunity for temporary university employees who: perform work continuing employment, good working conditions, and better than average wages, the Company must be in a strong market position, which means that it must produce efficiently, consistent with fair labor standards. The Union, through its bargaining agency, will cooperate with the Company in the various classifications listed in Appendix A attainment of these goals.
1.2 The term "employee" or "employees", for the purpose of this collective Agreement shall apply only to all production and maintenance employees in the ▇▇▇▇▇ plant, or in any local expansion of the existing unit thereof now included in the bargaining agreementunit, have worked an average subject to the inclusions and exclusions as set forth in the certification of four representatives by the National Labor Relations Board following elections or as mutually agreed between the employer and the Local Union, excluding all Supervisors, time keepers, plant protection employees, trainees, confidential employees, laboratory employees, office and plant clerical, salaried employees and process inspectors. Further, the Company agrees to meet with and bargain with the accredited representatives of the Union on all matters pertaining to hours of work, rates of pay and other working conditions. Newly hired employees shall be considered probationary employees for the first one hundred eighty (4180) hours or more per week calendar days of their employment. Said period may be extended due to any approved leave of absence (including time off for a work related injury). During this probation they shall be subject to all provisions of this Agreement, but if they are discharged, the Company shall not be required to establish just cause for such discharge. All probationary employees will be evaluated no less than thirty, sixty and ninety days during the most recent calendar quarterprobation period.
1.3 The automation of jobs in the bargaining unit will not be used as a basis for changing such jobs from bargaining unit status to non-bargaining unit status. This provision is not intended from prohibiting the Company from eliminating jobs through automation, whenever possible, jobs will be reduced through attrition under this provision.
1.4 Whenever new machinery or equipment is installed in the plant or existing machinery or equipment is modernized, plant maintenance employees and all affected employees will be provided the necessary training in the servicing of such machinery or equipment provided that:
A. The machinery or equipment is of the type on which plant maintenance personnel have customarily provided service, and
B. The skill or knowledge to be imparted by the training represents a practical and logical advancement of the skills and knowledge of the maintenance employees concerned taking into consideration their prior training, experience, and have a reasonable expectation capabilities, and
C. Such machinery or equipment is not covered by service guarantees with the lessor or supplier. The number of continued employment. This recognition does not apply maintenance employees to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or whom training will be provided will be in relation to anticipated service requirements as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intentCompany. Such notice shall include the basis for the exclusion and a copy The cost of the current position description, including a statement training under this provision shall be paid by the Company. Employees will be compensated at the applicable straight time or premium rate for all hours of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)required training.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 16. The Employer Company hereby recognizes the Union as the exclusive bargaining representative agent for all classified its production, maintenance, and service employees, excluding Sales Persons, Service Manager, Assistant Service Manager, Service School Instructors, office and plant clerical employees, technical employees, timekeepers, Industrial Engineering Department employees, security personnel, plant superintendents, assistant superintendents, supervisors, assistant supervisors, and other supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in positions represented by the Union at status of the universities designated employees, or effectively recommend such action, in Article 1 - Parties all those matters specifically provided for herein pertaining to the Agreementwages, hereinafter referred to as employees or bargaining unit employeeshours, and working conditions.
7. The Union hereby recognizes that the Management of the plant and the direction of the working forces including the right to direct, plan, and control plant operations, and establish and change production schedules, the right to hire, promote, demote, transfer, suspend or discharge employees for proper cause, or to relieve employees because of lack of work or for other legitimate reasons, subject to the provisions of this Agreement, or the right to introduce new and improved methods or facilities, or to change existing production methods or facilities, and to manage the properties, is also the exclusive bargaining representative for temporary university employees who: perform work vested in the various classifications listed Company.
8. No employee shall engage in Appendix A any activity not authorized by the Company, which shall interfere with production. This section shall not restrict the legitimate activities of the Shop Committee members pursuant to Article IX, Par. 98, Safety Committee members pursuant to Article XIII Par. 136, and the members of the Job Evaluation Committee, Worker’s Compensation Committee, Civil Rights Committee, Group Insurance Committee, Pension Committee, Women of Steel and Apprenticeship Committee as authorized by the appropriate Company representatives.
9. Any employee who is a member of the Union in good standing on the effective date of this collective bargaining agreementAgreement shall, have worked an average as a condition of four (4) hours or more per week during employment, maintain membership in the most recent calendar quarter, and have a reasonable expectation Union to the extent of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by paying the Employment Relations Boardperiodic membership dues uniformly required of all Union members.
Section 2(A) When 10. Any employee who, on the Employer intends to exclude effective date of this Agreement, is not a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide member of the Union and the affected employee(s) with no less than any employee thereafter hired, shall, as a condition of employment, starting thirty (30) calendar days written notice of such intent. Such notice shall include after the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within this Agreement, or thirty (30) calendar days following the beginning of their employment, whichever is the later, acquire and maintain membership in the Union to the extent provided in Paragraph 9 above.
11. The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the date Union. At the instance of the EmployerCompany, termination of Union membership for reasons other than the failure of the employee to tender the dues, assessments and initiation fees specified in this Agreement, may be submitted to an impartial arbitrator under the grievance procedure of the Agreement for determination only as to whether such termination conforms to the Constitution of the United Steelworkers.
12. On receipt of a voluntary written assignment authorizing such deduction from the employee on whose account such deductions are made, the Company shall deduct union dues, initiation fee, and assessments in accordance with the Constitution of the United Steelworkers, as certified to the Company by the International Treasurer of the Union. The Company shall deduct Union dues on a weekly basis, based on the employee’s noticeearnings from that week. Any sum deducted by the Company pursuant to this Paragraph shall be remitted promptly by it to the International Treasurer of the Union.
13. Should the International Treasurer of the Union certify to the Company in writing that changes in dues or initiation fees have been duly adopted by the United Steelworkers, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees have duly adopted by the United Steelworkers, during the term of this Agreement, the Company shall deduct the changed dues or initiation fees in the manner provided in Par. 12.
14. The Union shall indemnify and hold the Company harmless against all suits, claims, demands and liabilities that shall arise out of or by reason of any action that shall be taken by the Company for the purpose of complying with these foregoing provisions or in the reliance on any list or certificate which shall have been furnished by the Company under these provisions.
15. During the life of this Agreement, the Union agrees that there will be no strikes, stoppages, or slowdowns; the Company agrees that there shall notify the Employerbe no lockouts. Both parties promise and agree that they shall, in writingan endeavor to prevent such events from taking place, of any comments it has regarding the exclusion including specific information regarding the reason(s) charge their representatives, committees, and agents with full responsibility for the challengeperformance of each and every promise and undertaking herein contained. The Employer shall respond in writing within thirty (30) calendar days to No meetings of the Union’s challenge and indicate whether it intends to continue with the exclusion membership shall be scheduled during regular working hours without mutual agreement of the positionparties in writing.
16. Upon request Except during an emergency, employees excluded from the provisions of either partythis agreement shall not perform production or maintenance work. Instruction, the Union engineering analysis, continuous improvement team activities, assistance in debugging machinery, product demonstrations, lab work, carrying test and/or sample parts, and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)safety and ergonomic evaluations do not constitute production or maintenance work.
Appears in 1 contract
RECOGNITION. Section 1. 1.1 The Employer Board recognizes the Union Association as the sole and exclusive bargaining representative for all the classified employees in positions represented by the Union at unit. The provision of this contract shall be applied to all employees in the universities designated in Article 1 - Parties bargaining unit.
1.2 Supervisors, confidential employees, substitute, and temporary employees are specifically excluded from the bargaining unit.
1. A substitute is any employee hired to take the Agreement, hereinafter referred to as employees or place of a bargaining unit employeesmember who is absent. The Union When a classified position is also filled for longer than 90 days with a substitute or temporary employee, the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked District and OSEA will sign an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations BoardMOU.
Section 2(A2. A temporary employee is one employed for a specific position which is of limited duration, not to exceed three (3) When months or the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy rest of the current school year, or employed to fill a specific position description, including in a statement program which is of limited duration not to exceed the specific duties current school year.
a. An example of a temporary employee is summer school employment.
1.3 Probationary employees are excluded from Article 10 of this contract.
1. A probationary employee is any employee still serving his/her probationary period.
a. Each employee hired into the position supporting the change in statusbargaining unit shall serve a probationary period of nine (9) months. The purpose of said probationary period shall be to:
1. Train and aid an employee.
2. Reject any employee may elect whose work performance fails to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to meet District- required work standards.
b. At the end of the thirty (30)-day notice probationary period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall be classified as a regular employee or be released. In the event the probationary employee has not met the expectations of the District at the end of the nine (9) month period, the superintendent may, if he/she chooses, extend the probation period for an additional three (3) work months. At any time during the probationary period, including the extended probationary period, an employee may be dismissed without recourse to the grievance procedure.
c. The District will evaluate probationary employees at least once per school year.
1.4 In the event that any provision of this contract shall at any time be declared invalid by any court of competent jurisdiction, such decision shall apply only to a specific article, section or portion thereof directly specified in the decision. Such a decision shall not invalidate the entire contract, it being the expressed intention of the parties hereto, that all other provisions not declared invalid shall remain in full force and effect.
1.5 This Agreement shall be effective to the position. The effective date extent permitted by law and does not waive either of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days parties’ positions with respect to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)collective bargaining laws.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. A. The Employer Board recognizes the Union as the exclusive sole collective bargaining representative agent for all classified employees in regularly employed certified staff defined as the following, even if titles change: certified classroom teachers, division leaders, deans, counselors, social workers, librarians, speech pathologist, nurses, school psychologist, and additional certified, non-administrative positions represented concerning salaries, fringe benefits, and working conditions.
B. Union members may authorize the board to deduct union dues and COPE contributions from payroll on a regular basis and remit monthly. Such authorization may be terminated by the Union at the universities designated in Article 1 - Parties individual giving thirty-day written notice to the Agreement, hereinafter referred to as employees or bargaining unit employeesboth parties. The Union is also members and/or Local #683 of the exclusive bargaining representative for temporary university employees who: perform work in AFT agree to save and hold harmless the various classifications listed in Appendix A Board from any and all liabilities incurred as a result of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented paragraph.
C. All regularly employed certified staff covered by other labor organizations, students this Agreement who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide members of the Union and shall commencing sixty (60) days after their employment or the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of this Agreement, whichever is later, and continuing during the exclusion remains unchanged. Within thirty (30) calendar days term of the date Agreement and so long as they remain non-members of the Employer’s Union pay to the Union each month their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required by members of the Union. Such proportionate share payments shall be deducted by the Board from the earnings of the non-member full time employees and be paid to the Union each pay period except as may be provided otherwise by law for those teachers with bona fide religious objections. The Union shall submit to the Board an affidavit which specifies the amount which constitutes said proportionate share, which amount shall not exceed the dues uniformly required of members of the Union. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including but not limited to damages, attorneys' fees and costs that shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this Article or in reliance on any list, notice, certification, affidavit or assignment furnished under any of such provisions.
D. Any teacher may join any employee organization of his/her own choosing.
E. The Union agrees not to strike, nor to picket in any manner which would tend to disrupt the Union shall notify the Employer, in writing, operation of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengepublic secondary school in District No. 215. The Employer benefit of any and all decisions which result from negotiations shall respond in writing within thirty (30) calendar days apply equally to the Union’s challenge and indicate whether it intends to continue with the exclusion all regularly employed certificated personnel, who are members of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)bargaining unit.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 2.01 The Employer recognizes the Union as the sole and exclusive bargaining representative for agent of all classified employees of The Peel Children’s Aid Society in the Region of Peel save and except supervisors, persons above the rank of supervisors, clerical support staff, maintenance staff, those employed on contract of twelve (12) months or less, volunteer specialist, and students employed during the school vacation period or on a field placement as part of their curriculum requirements.
2.02 Full-time employee means an employee who is regularly scheduled twenty-eight (28) or more hours per week.
2.03 Part-time employee means an employee who is employed and is regularly scheduled to work less than twenty-eight (28) hours per week.
2.04 Contract Positions
(a) Contract positions represented by the Union at the universities designated are those with an expected duration in Article 1 - Parties excess of twelve (12) calendar months. Contract positions shall be posted internally in order to the Agreement, hereinafter referred to as employees or give bargaining unit employeesemployees a chance to apply. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide inform the Union in writing of its intent to create any contract position.
(b) If the contract position is the result of a grant or special funding, the terms or conditions of the grant or special funding will prevail over any conflicting terms, conditions or provisions of the collective agreement should the collective agreement apply to the person filling the contract position.
(c) The cessation or expiry of a contract position shall not be the subject of any grievance.
(d) Bargaining unit employees who assume contract positions shall still be considered bargaining unit employees and shall have all the affected employee(srights and privileges under the collective agreement that they held prior to assuming the contract position, subject to paragraphs (b) and (c) above.
(e) If the contract position is filled by a member of the bargaining unit, once the contract position is completed, all bargaining unit employees who moved from their regular positions to fill other positions created as a result of a bargaining unit employee filling a contract position, shall return to their previous positions, if they exist. Should their position no longer exist the employee will be placed in a similar position within their original job classification.
(f) An employee hired from outside the employ of the Employer to fill a contract position will be credited with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis seniority for the exclusion and period of their contract should they be hired directly into a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the permanent bargaining unit position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s).
Appears in 1 contract
Sources: Collective Agreement
RECOGNITION. Section 1. The Employer SPS recognizes the Union SEA to be the sole and exclusive bargaining agent for the paraprofessionals in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.
2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the exclusive "bargaining representative for all classified unit" and individually as "member" or as "employee."
3. The employees in the bargaining unit shall consist of employees who work in positions listed in Appendix B of this Agreement. Substitute employees are included in the bargaining unit. Confidential employees as defined in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the bargaining unit.
4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to avoid creating a represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit positions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the SPS shall notify the SEA of such use.
5. The rights and privileges afforded the Association as specifically enumerated in this Agreement shall not be granted to any competing labor organization or any organization seeking to represent or otherwise communicate with employees represented by the Union at Association.
6. Whenever the universities designated in Article 1 - Parties to SPS modifies the Agreement, hereinafter referred to as employees job title or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications job description of any position listed in Appendix A of this collective bargaining agreementB, have worked an average of four (4) hours or more per week during it shall furnish the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice text of such intentchange to the SEA and Appendix B shall be considered as thereby amended to that extent. Such notice Should the SPS desire to delete a modified or discontinued job title from Appendix B, it shall include so advise the basis for SEA in writing giving the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12reasons. If the employee elects SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to exercise layoff rightsthat extent. Any dispute between the parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.
7. Whenever the SPS creates a new job title and job description relating to Paraprofessional work of the general type already included within the bargaining unit, it shall furnish the layoff will not be effective prior text of same to the end SEA with a request that it be added to Appendix B provided:
a. The positions to be filled under such title are to be regular positions.
b. The positions to be filled are not confidential, as defined in Item 5 above.
c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the unit or which otherwise establish a separate community of interest among the thirty (30)-day notice periodemployees to be added. If the Employer decides during SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the thirty (30)-day notice period parties over proposed inclusion or exclusion of job titles not to proceed resolved by direct negotiations shall be resolved in accordance with the exclusion unit clarification procedures of Chapter 391-35 WAC.
d. SEA and the position is not otherwise eliminated, the employee shall remain SPS agree to review annually all newly or recently created non-represented non- supervisory positions and discuss whether those positions share a community of interest with other SEA represented positions and should therefore be placed in the positionappropriate bargaining unit represented by SEA. The effective date Positions previously reviewed by PERC are excluded unless they have been subject to changed circumstances. Either party reserves the right to submit areas of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days disagreement to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)PERC.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer For the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment Company recognizes the Union as the exclusive representative of the following described employees: All of the Company=s construction, maintenance and operating employees who are working in classifications listed in ARTICLE 18 of this Agreement engaged in CENTERPOINT ENERGY, HOUSTON ELECTRIC, LLC but excluding plant protection employees, supervisors as defined in the Act, professional employees (including nurses), office and clerical employees, janitors and meter readers.
Section 2. The provisions of this Agreement shall be limited in their application to employees of Company in the bargaining unit described in Section 1. Wherever the words Aemployee@ and Aemployees@ are used in this Agreement, unless otherwise noted, they shall be construed to refer only to employees described in said Section 1 for whom the Union is the exclusive bargaining representative.
Section 3. The respective obligations of the parties herein shall be operative only insofar as Union acts in the capacity of exclusive bargaining representative of said employees.
a. Upon receipt of an authorization signed by an employee, the Company will deduct from the first pay check of each month the regular Union dues for the current month. Payment shall be made on or before the 5th day of the following month to the Financial Secretary of the Union. The authorization for deduction shall comply with both State and Federal Laws.
b. Upon receipt of a cancellation notice which has been executed by employee and processed by Union in conformance with the Agreement contained in the current AUnion Dues Deduction Authorization,@ Company will cease deduction from the paycheck of employee beginning with the month following submission thereof to Company by Union.
c. ▇▇▇▇▇ agrees to indemnify and save harmless the Company against any and all classified employees claims, demands, suits and other forms of liability that may or shall arise out of or by reason of action taken or not taken by Company in positions represented reliance upon the authorization submitted to Company.
d. The Company shall not be required to change the amount of Union dues deducted until receipt of an authorization signed by an employee authorizing such change. Any change in the amount of dues deducted shall be effective as of the month following receipt of such authorization.
e. ▇▇▇▇▇ agrees to furnish Company with a list specifying the amount of the regular Union dues for each classification of employee and to advise Company of any changes or modifications therein.
a. Employees designated Stewards by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined shall be recognized by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide Company as representatives of the Union and no ▇▇▇▇▇▇▇ shall be discriminated against by the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy Company because of the current position description, including a statement performance of his duties as ▇▇▇▇▇▇▇. The same protection applies to employees acting as Union Representatives.
b. Insofar as the work load permits and subject to the approval of the specific Company, Stewards shall be allowed to perform their duties of the position supporting the change on Company time and Company property in statusa timely manner. The employee may elect Stewards will attempt to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior minimize any disruption to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain Company=s operation in the position. performing their duties.
c. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond Company in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request names of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)accredited Stewards.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 1 - The Employer recognizes the Union as the sole and exclusive collective bargaining representative agency for all classified custodians, maintenance employees, head custodians and bus drivers, excluding supervisors and all other school district employees.
Section 2 - The Union recognizes that, except as specifically limited or abrogated by the terms and provisions of this Agreement, all rights to manage, direct and supervise the operations of the Employer and the employees are vested solely and exclusively in positions represented the Employer.
Section 3 - The Union agrees that, except as specifically provided by the terms and provisions of this Agreement, employees shall not be permitted to engage in Union activity on the Employer's time or premises.
(a) The Union shall have the right to elect or designate three (3) employees who shall serve as stewards for this bargaining unit. Such stewards shall be permitted to confer with bargaining unit employees with respect to official Union business on the Employer's premises but not on the Employer's time.
(b) The Union shall notify the Employer promptly upon designation of Stewards.
(c) The use of school facilities by the Union may be permitted with Employer approval provided that:
(1) The Union agrees to pay for any additional expenses the Employer may incur.
Section 4 - (a) Present employees who are members of the Union as of July 1, 1975, and all new employees for whom the Union has been designated as the exclusive bargaining agent, shall after the completion of the sixty (60) days probationary period, as a condition of continued employment, become members of the Union or pay a service fee to the Union. Present employees who are not members of the Union as of July 1, 1975, shall not be required to join the Union or to pay service fees. Substitute employees who do not have a regular assignment shall not be obligated to become Union members or pay service fees. The employee may authorize payroll deduction for such fee in the same manner as provided for deduction of Union dues. In the event an employee shall not pay such representation service fee directly to the Union or authorize payment thereof through payroll deduction, the Board shall, upon completion of the procedures contained herein, at the universities designated in Article 1 - Parties request of the Union and pursuant to MCLA 408.477; MSA 17.277(7), deduct the fee from the employee's wages and remit same to the Agreement, hereinafter referred Union. Payroll deductions made pursuant to this provision shall be made in the same manner as employees or bargaining unit employeesprovided for deduction of Union dues. The Union is also in all cases of mandatory fee deduction pursuant to MCLA 408.477; MSA 17.277(7) shall notify the exclusive bargaining representative employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for temporary university employees who: perform work compliance, and shall further advise the employee that a request for wage deduction may be filed with the Board in the various classifications listed event compliance is not effected. If the employee fails to remit the fee or fails to authorize deduction for same, the Union may request the Board to make the deduction. A request for a mandatory fee deduction by the Union will be accompanied by an affidavit signed by the President of Local 586, SEIU stating that the amount of the fee deduction includes only those amounts allowed by law. The Board, upon receipt of the request for mandatory fee deduction from the Union, shall provide the bargaining unit member with an opportunity for a due process hearing. This hearing shall address the question of whether or not the bargaining unit member has remitted the service fee to the Union or authorized payroll deduction of same. An employee contesting the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Union. When an employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in Appendix A an escrow account as may be required by law until a determination of the appropriate amount of the deduction has been determined. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this collective bargaining agreementprovision shall be subject to the grievance procedure set forth in this Agreement or to any other administrative or judicial procedure. The Union will certify at least annually to the Board and at least fifteen (15) days prior to the date of the first payroll deduction for the representation service fees, have worked an average the amount of four (4) hours or more per week during the most recent calendar quarter, said fees to be deducted and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined certify that said fees include only those amounts permitted by the Employment Relations Agreement and by law. The parties agree to cooperatively discuss and exchange information regarding the Union's service fee collection and objection procedures. The Union agrees, upon request from the Board, to provide to the Board for its review a copy of the Union's current policy and procedures regarding employee objections to Union fees and/or expenditures. The Union agrees to indemnify and hold the Board, including each individual school board member and its agents, harmless against any and all claims, demands, costs, suits, damages, awards, judgments or other forms of liability and expense, including but not limited to back pay damages and all court or administrative agency costs that may arise out of or by reason of any action or legal stance taken by the Board for the purpose of complying with this Section. The Union pledges and agrees that it will not contest in any way the enforceability of this provision or seek to be excused from the commitment herein and that it will intervene in and defend against any legal action from any party seeking to have this provision voided to any extent, when requested by the Board.
Section 2(A(b) When The Union agrees to indemnify and save the Employer intends to exclude a filled bargaining unit position based on supervisoryBoard, confidentialand including each individual School Board Member, managerialall Administrators and Supervisors harmless against any and all claims, demands, cost, suits, or other unclassified statusforms or liability including back pay and all court or administrative agency costs that may arise out of or by reason of, action by the Board for the purpose of complying with Article II.
(c) For the purpose of this Agreement, the term Union dues shall mean regular monthly dues excluding fines, assessments, special funds, or any initiation fees that are added to the regular dues.
(d) The Board of Education agrees to deduct from custodian, maintenance employees and bus drivers dues for Local 517M, all regular monthly dues as said employees individually authorize the Board to deduct and transmit the monies promptly to the appropriate organization. Employee authorization shall be in writing, annually, in a form as set forth by the Board of Education.
(1) Deduction referred to in Section 4 will be made as follows: For those employees who execute payroll deduction authorizations, the Employer agrees to provide deduct from their first paycheck each month the Union and regular monthly dues in an amount certified to the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include Employer by the basis for the exclusion and a copy secretary-treasurer of the current position description, including a statement of the specific duties of the position supporting the change in statuslocal union. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff Board of Education will not be effective prior required to honor for any deduction any authorization of dues made after the end 30th day of the thirty fiscal year or after the 30th day of employment.
(30)-day notice period2) The Employer shall make a payroll deduction for union dues if the dues amount is verified in writing by the Union. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminatedFurther, the employee Board shall remain be free from any and all liabilities by reason thereof to those employees whose dues are deducted.
(e) The Union further agrees that the Board of Education shall not be involved in any manner in the position. The effective date enforcement of or the exclusion remains unchanged. Within thirty (30) calendar days collection of the date of the Employer’s noticedues under this provision, the Union shall notify the Employer, in writing, not use wage assignment or garnishments as method of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)collecting dues or fees.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer Company recognizes the Union as the sole and exclusive bargaining representative agent for all classified its hourly rated employees at its Scarborough Factory at 35 Dynamic Drive and its Distribution Centre at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ in positions represented by Mississauga, save and except supervisor, persons above the rank of supervisor, office employees, technical and sales staff, security guards, students employed during school vacation periods, students on a cooperative training basis with a university, and university and technical school graduates on a graduate training program.
2. Employees not included in the bargaining unit shall not perform work normally assigned to production or distribution workers, except under the following conditions:
(a) Instruction or training of employees.
(b) In the investigation to determine resolution requirements on parts, equipment or work flow. The making of minor adjustments only is the intent.
(c) In situations beyond the Company's control such as emergencies, the Union together with the Company will exhaust all reasonable possibilities of having the work performed by a bargaining unit member prior to asking a non- bargaining unit worker to perform the job duty.
(d) With respect to new product introduction and checkout.
(e) Students and graduates referred to in 1. above. Students or trainees referred to above will be permitted to perform any duties normally assigned to bargaining unit employees but shall not displace any employee on layoff. The total number of students and trainees employed on work normally performed by members of the bargaining unit shall not exceed 4% of the total bargaining unit at any one time. No student or trainee will be employed in any one department for a period in excess of six (6) months.
3. If during the universities designated in Article 1 - Parties term of the Collective Agreement, it is contemplated that a total plant closure is necessary, the Company will give written notice to the AgreementPresident, hereinafter referred to C.A.W. as employees or bargaining unit employeesfar in advance as possible. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall will include the basis for reason the exclusion and Company is considering closing the plant, a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days projection of the date of the Employer’s noticesuch closing and anticipated alternative sourcing if any. Thereafter, the Union shall notify will be afforded the Employer, in writing, of any comments it has regarding opportunity to discuss the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days matter and Management will give appropriate weight to the Union’s challenge and indicate whether it intends 's comments in reaching a final decision. The company will provide notice to continue the impacted employees in accordance with the exclusion Ontario Employment Standards Act. Severance pay shall be two (2) weeks pay per year of employment, up to 26 weeks, for all employees employed for five (5) or more years so long as the employee signs the Company’s general releases. The Company will retain all employee records for a period of no less than that required by Provincial law. Reasonable access to and/or copies of such employee records shall be provided to the Union so long as the employee provides a signed release authorizing permission to the Union. Any vacation due to terminated employees will be paid upon closure. The parties will resolve all outstanding grievances within one (1) month of the positionclosure provided the timeliness of each is proper. Upon Those grievances not settled within this period will be referred to arbitration upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. A. The Board hereby recognizes the Association as the exclusive and sole bargaining agent as defined in Section 111 of Act 379, Public Acts of 1965, for all of its employees in the bargaining unit, described and defined as:
B. The term "employee," singular or plural, when used hereinafter in this Agreement, shall mean a member of the bargaining unit as defined herein above, provided that provisions of this Agreement can have limited applicability to certain groups of employees in the bargaining unit by use of an appropriate designating term preceding the term "employee." References to one gender shall include the other.
C. The Employer may assign persons who are not employees covered by this Agreement to do work normally and usually done by employees in this bargaining unit or additional work of the same type and kind, provided the assignment of work to those persons does not reduce the regularly scheduled hours of any employee nor supplant or reduce the work force traditionally used to accomplish the routine work done by bargaining unit employees in each building. Except for unpaid volunteers, assignment of work pursuant to this provision shall be limited to cases of temporary special projects or temporary need except when the person is in a government service program and the work done by him/her would otherwise be assumed by the existing work force or would remain undone. Whenever possible, substitutes filling in for regular seniority employees who are absent shall, prior to assumption of duties, be provided with an orientation to the job, including but not limited to a list of the expected duties and some training on how to carry out those duties.
D. If the Employer decides it is necessary to explore contracting Building and Grounds, Office Management, Food and Nutrition, Paraeducators, Technology services, the district will notify the President of the Association at the earliest opportunity possible so that discussions regarding the need can take place and the Association has an opportunity to provide an alternate solution prior to a contract decision being made by the District.
E. The Employer shall notify the Union in writing when new jobs (or revised job duties) are required during the term of this Agreement. In the event they cannot be properly placed into an existing sub- classification by mutual agreement between the parties, the employer shall place into effect a new sub-classification and rate of pay for the job in question, and shall designate the sub-classification and pay rate as temporary. The Employer recognizes shall notify the Union as in writing of any such temporary job which has been placed into effect upon the exclusive bargaining representative for all classified employees in positions represented by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employeesinstitution of such job. The Union is also the exclusive bargaining representative new sub-classification and rate of pay shall be considered as temporary for temporary university employees who: perform work in the various classifications listed in Appendix A a period of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment Relations Board.
Section 2(A) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days following the date of written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior notification to the end of the thirty (30)-day notice periodUnion. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within During this thirty (30) calendar days day period, but not thereafter during the life of the date of the Employer’s noticethis Agreement, the Union shall notify may request the Employer, in writing, to negotiate the sub-classification and rate of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challengepay. The Employer negotiated rate, if higher than the temporary rate, shall respond in writing within thirty (30) calendar days be applied to the Union’s challenge and indicate whether it intends to continue with date the exclusion of employee first began working in the position. Upon request of either partytemporary sub- classification, the Union except as otherwise mutually agreed.
F. DESPA Leadership and the Employer shall Administration will meet at a mutually agreed time within quarterly to aid in the initial thirty (30)-day period communication surrounding issues as they arise. Either party may request to discuss the exclusion(s)meet.
Appears in 1 contract
Sources: Master Agreement
RECOGNITION. Section 1. 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining representative for all classified Employees in the following classifications: All registered nurses, graduate nurses, licensed practical nurses and graduate practical nurses, nursing aides, unit clerks, environmental services employees, pool employees, and dietary workers employed by ▇▇▇▇▇▇▇▇ Pediatric Facility at its Voorhees, New Jersey nursing facility, excluding supervisors as defined in the National Labor Relations Act and all other employees, and excluding temporary employees as defined in positions represented Article 1, Section 4.
1.2 Whenever the word "Employee" is used in this Agreement, it shall be deemed to mean an Employee in the bargaining unit covered by this Agreement, as defined in Section 1 above.
1.3 At the time a new Employee subject to this Agreement is hired, the Union at shall be afforded a thirty (30) minute period to meet with the universities designated Employee to provide the Employee with a copy of this Agreement and to explain their rights as a member of the bargaining unit.
1.4 Supervisors shall not do the work performed by members of the bargaining unit, except for instructional purposes or in Article 1 - Parties to the case of legitimate emergency. An emergency includes staff shortage resulting from absence of Employees who cannot be replaced under the terms of this Agreement, hereinafter referred to as employees or . Volunteers and other non-bargaining unit employees. The Union is also persons shall not do the exclusive work performed by members of the bargaining representative for temporary university employees who: perform work unit except in the various classifications listed in Appendix A case of this collective legitimate emergency. As needed for seasonal vacation needs, between May 15 and September 15 and between December 15 and January 15, temporary employees may be hired to do bargaining agreement, have worked an average of unit work for up to four (4) hours months.
1.5 If the Employer should establish a new position or more per week during change the most recent calendar quarterduties of any Employee to such an extent that the Employee's work does not fall within any classification covered by this Agreement, and have a reasonable expectation yet involves duties which render the Employee subject to this Agreement the wage rate of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as such Employee shall be determined by negotiations between the Employment Relations BoardUnion and the Employer. If the parties are unable to agree on a wage rate, the matter shall be submitted to arbitration. Prior to the negotiation of the wage rate, the Employer shall submit to the Union the description of the new position or change in the duties of the existing position.
Section 2(A) When 1.6 The Union, on behalf of the Employees, agrees to cooperate with the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, attain and maintain all efficiency and optimum patient care and the Employer agrees to provide receive and consider constructive suggestions submitted by the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)toward these objectives.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. 1.1 The Employer recognizes and acknowledges that the Union as is the exclusive duly authorized collective bargaining representative for all classified employees in positions represented regular full time and regular part time service and maintenance employees, excluding supervisors, confidential, managerial, professional and office employees, licensed practical nurses, registered nurses, and registered occupational therapists, and as certified by the Union at the universities designated in Article 1 - Parties to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined by the Employment National Labor Relations Board.
Section 2(A) When the Employer intends to exclude 1.2 Employees will be hired on a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty probationary basis. This probationary period will be ninety (3090) calendar days written notice of such intent. Such notice shall include in length, and the basis Employee may be discharged, for the exclusion and a copy any cause, without recourse during this period.
Section 1.3 All present Employees covered by this Agreement who are members of the current position description, including a statement of Union on the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of this Agreement shall remain members in good standing as a condition of employment. All present employees who are not members of the exclusion remains unchanged. Within Union on the effective date of this Agreement and all Employees who are hired hereafter shall become members of the Union within thirty (30) calendar days of the effective date of the Employer’s noticethis Agreement, the Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing or within thirty (30) calendar days of their hiring date, whichever is later.
Section 1.4 The Employer agrees to deduct from wages of all Employees covered by this Agreement, after receipt of a signed authorization form from each such employee, dues and initiation fees of the Union. Initiation fees will be taken out over five (5) consecutive pay periods. The Employer shall include the Union authorization form in its new employee paperwork and shall forward all signed authorizations to the Union’s challenge and indicate whether it intends to continue with the exclusion of the positionUnion at its Milwaukee address. Upon request of either partyHowever, the Union and the Employer shall meet at have no obligation to obtain such authorization.
Section 1.5 The Employer agrees to deduct from the wages of any Employee covered by this Agreement any voluntary contribution to SEIU COPE upon receipt of signed authorization from each such Employee on forms provided by the Union. Such contributions will be transmitted on a mutually agreed time within separate check with a list of names and specific deductions.
Section 1.6 The Union agrees to indemnify and hold harmless the initial thirty (30)-day period to discuss Employer against any and all suits, claims, judgments, verdicts, costs, fees fines, awards or decisions of any kind whatsoever and arising from any source whatsoever by virtue of the exclusion(s)Employer’s compliance with provisions of this Article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
RECOGNITION. Section 1. The Employer recognizes 2.1 Without intending to change the Union as status quo, SPFPA shall be the exclusive bargaining representative for the Employer's Security Professionals at the sites listed in Appendix B hereto. For the purposes of this Agreement, the term "Security Professional" shall include only those individuals for whom the Union has been certified by the National Labor Relations Board, specifically all classified full time and regular part time security officers, EMT officers, lobby officers/receptionists, console operators, lock and key officers and firefighter/officers but excluding all managers, supervisors, office/clerical employees, professional employees and confidential employees.
2.2 Except as otherwise authorized by this Agreement, the Employer's personnel not represented by the Union shall not perform work traditionally performed by the bargaining unit if such assignment would result in positions the failure to replace departed Security Professionals, the layoff of a Security Professional or a reduction in the regular, straight time work opportunity of a full-time bargaining unit Security Professional in any work week.
2.3 Any member of the "Flex Force" who works in a represented facility shall be subject to Article 24 of this Agreement, Union Security. Each month thereafter in which such officer works in a represented facility, such officer shall be obliged to tender dues to the Union unless excused by Article 24.
(a) The Employer retains the sole right to hire, rehire, discharge, terminate, transfer and assign "Flex Force" officers and determine the starting and quitting time and the number of hours to be worked by the 'Flex Force".
(b) Flex Force" officers who become represented by the Union by working in a represented facility will have access to the grievance and arbitration procedures of this Agreement subject to management's rights as described herein.
(c) The Union agrees that its representation of such "Flex Force" officers is limited to activities at represented sites and that it does not represent such officers with respect to activities at non-represented GM sites or any other location to which the officer may be assigned by the Employer.
(d) The Union agrees that it will not instruct such "Flex Force" officers to function as agents of the Union for purposes of organizing at any non-represented facility to which they are assigned by the Employer and such officers agree that they will not solicit on behalf of the Union during working time at any assigned location.
2.4 This Agreement shall apply to all covered Security Professionals represented by the Union at the universities designated in Article 1 - Parties sites covered herein. This Agreement shall be controlling absent a specific written understanding to the Agreement, hereinafter referred to as employees or bargaining unit employees. The Union is also the exclusive bargaining representative for temporary university employees who: perform work in the various classifications listed in Appendix A of this collective bargaining agreement, have worked an average of four (4) hours or more per week during the most recent calendar quarter, and have a reasonable expectation of continued employment. This recognition does not apply to employees currently represented by other labor organizations, students who are not classified employees, campus police officers, or unclassified, exempt, supervisory, managerial and confidential employees as defined by law or as determined contrary executed by the Employment Employer's Director of Labor Relations Board.
Section 2(A(or his or her designee) When the Employer intends to exclude a filled bargaining unit position based on supervisory, confidential, managerial, or other unclassified status, the Employer agrees to provide the Union and the affected employee(s) with no less than thirty (30) calendar days written notice of such intent. Such notice shall include the basis for the exclusion and a copy President of the current position description, including a statement of the specific duties of the position supporting the change in status. The employee may elect to exercise the employee’s layoff rights under Article 44 - Layoff, Section 12. If the employee elects to exercise layoff rights, the layoff will not be effective prior to the end of the thirty (30)-day notice period. If the Employer decides during the thirty (30)-day notice period not to proceed with the exclusion and the position is not otherwise eliminated, the employee shall remain in the position. The effective date of the exclusion remains unchanged. Within thirty (30) calendar days of the date of the Employer’s notice, the International Union shall notify the Employer, in writing, of any comments it has regarding the exclusion including specific information regarding the reason(s) for the challenge. The Employer shall respond in writing within thirty (30) calendar days to the Union’s challenge and indicate whether it intends to continue with the exclusion of the position. Upon request of either party, the Union and the Employer shall meet at a mutually agreed time within the initial thirty (30)-day period to discuss the exclusion(s)or their respective designees.
Appears in 1 contract
Sources: National Agreement