Common use of WORKING CONDITIONS Clause in Contracts

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 3 contracts

Sources: Commercial Building Agreement, Commercial Building Agreement, Commercial Building Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent The Company will continue its present policy of cooperating with its employees so as to insure that reasonable rules and provisions are made for the safety and health of employees during the hours of their employment, and changes will be discussed with repre­sentatives of the Union prior to being put into effect. Employees will comply with established safety and health rules and provisions. Such rules and provisions shall receive the contract wage, except where it includes extra pay attributable apply uniformly to years of service, special competence or special consideration beyond job requirementsall employees affected. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief periodIn the interest of safety, lunch period, and emergencies and except that in any building employing three or less employees during at the daytime, exclusive request of the Superintendentemployee involved, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any an employee may be accompanied by his/her ▇▇▇▇▇▇▇ work except in when called before a building employing three employees or less during formal committee making an investigation of an accident. This shall not apply to inquiries made at the daytime, exclusive scene of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsan accident. 3. The Superintendent Regular employees shall not be penalized required to do their work outdoors during periods of continuous significant rain or discriminated against for attending arbitrationssnow and exceptionally cold weather, hearings except in cases of emergencies or meetings, but this privilege shall not be construed so as to interfere with in the orderly operation performance of the buildingessential duties. 4. There may The Company will furnish such tools, safety devices and other equipment as are presently being furnished. The Company will furnish such tools, safety devices, or other equipment for the sole use of an individual employee when it determines that this is required for protection of health, and the use of such equipment by the employee is not of limited or occasional character. Employees furnished tools, safety devices and other equipment shall be added held responsible for their return in good condition, allowing for ordinary wear and tear. The Company shall provide suitable and safe space for storing tools and equipment furnished to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinemployees. 5. When the Company requires an employee to be away from home overnight or longer, the Company shall provide necessary lodging and meals, and, if necessary, will advance the money therefore, and shall furnish his/her round-trip transportation plus travel time to and from his/her headquarters. The Arbitrator may consider exceptional cases in which employee shall have the Union claims that excessive work or opportunity to return to his/her headquarters on days off and holidays not worked on the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive workabove basis. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services Company agrees that it will not contract any work which is ordinarily and demand such employee’s reinstatement or severance pay, if anycustomarily done by its regular employees if, as the case may bea result thereof, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration it would become necessary to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to lay off or reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmentany such employees. 7. This provision Supervisors shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number do work of employees and duties necessary and incident included in the bargaining unit except in emergencies. However, supervisors may assist employees, or substitute for such employees during temporary absences or inability for other reasons to the operationperform their work, maintenance and servicing so long as such substitution will not deprive qualified employees of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementemployment. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Sources: Collective Bargaining Agreement (Nicor Inc), Collective Bargaining Agreement (Northern Illinois Gas Co /Il/ /New/)

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive A. No member of the Superintendent, Union shall suffer a reduction in wage rates or an increase in hours or reduced vacation time or split shift solely by the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII signing of this Agreement. B. The Employer will furnish and launder such store linen as it desires worn by its employees, except that when the em­ ployer supplies Dacron or similar type uniforms for female employees, they may be laundered by the employee. The Arbitrator Since this item of expense is intended to make the Employer’s service more attractive to customers, members agree to cooperate by present­ ing a neat, clean, business-like appearance while on duty in the stores. C. If a physical examination or health permit is required, only the expense of the examination or health permit shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and be borne by the Employer. 8. No provision D. When a higher classified employee is absent from his position for more than one (1) day and another employee per­ forms the job of this Agreement the higher classified employee, he shall be so construed as to reduce receive the wages or lower the appropriate rate of pay of the Superintendent or higher classification. E. A full time clerk who receives a pay rate which is higher than the pay rate provided in Exhibit “ A ” for his classification, who is promoted to lower or worsen a department head and subsequently demoted to his former classification shall receive the terms or conditions same pay rate differential which he previously received. ▇. The Employer agrees, in the event of a temporary trans­ fer at the Employer’s request, to reimburse the employee for increased transportation costs on the basis of eight (8tf) cents per mile, except, however, when an employee chooses public transportation, excluding taxicabs, he shall be reimbursed only for the actual cost of such increased transportation. G. Notices concerning Union business which have been ap­ proved by the Personnel Department will be posted in designated locations in the stores. H. First Aid Kits for each store and all tools of the Superintendent’s employment. This provision shall not trade will be construed as to in any way prevent the exercise furnished by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this AgreementEmployer. 9. Wherever I. The Employer shall have a conflict may exist between time clock in each store for the 2016 Commercial Building Agreement and terms purpose of this article, keeping record of all hours worked by the terms of this article shall prevailem­ ployees.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

WORKING CONDITIONS. SECTION 1. Any replacement Superintendent No employee shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required toto work with any special coatings unless all of the following conditions are met: (a) renew cables on elevators or build block or hollow tile walls,That the Employer fully informs the employee of the material involved and the dangers involved in dealing with such materials, the proper conditions under which it may be applied and the correct method of its application. (b) run elevators except during relief periodThe Employer is to furnish employees with all protective devices and clothing recommended by local health authorities or a reputable laboratory, lunch periodincluding outer garments, air respirators and emergencies hoods where indicated, protective creams, adequate water and except that in any building employing three or less employees during laundering of clothes used by the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do,employees. (c) do any ▇▇▇▇▇▇ work except That the Employer posts the area to be worked with signs indicating the hazards involved in a building employing three employees or less during the daytime, exclusive use of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed,materials. (d) perform That no employee shall be required to apply such materials unless all of the conditions for application recommended by the Health Department or a reputable laboratory are posted at the time of application. SECTION 2. Rollers can be used in all materials. SECTION 3. There shall be no limit on the length of spray extension poles. SECTION 4. Employees who report for work on a scaffold that is not directly over a roofat the time they are instructed by the Employer must be ready and able to work and shall be neat in appearance when reporting to work or no show up time will be allowed. SECTION 5. Journeyman Painters shall report to work with the usual tools of the trade-duster, setbackputty knife, broad knife, hammer, screw driver, pliers, clean white overalls and an extra pair of clean white overalls, caps and white shirts. SECTION 6. Paperhangers will supply their own hand tools, excluding table, trusses, and paste machine. SECTION 7. If an employee fails to report to work with the necessary tools or clothing, the Employer may buy such tools or clothing, present them to the employee, and deduct their cost from said employee's pay. SECTION 8. Employees required to unload trucks, secure equipment, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) take material inventory shall do any work that conflicts with State, Federal or Municipal lawsso prior to quitting time. 3SECTION 9. The Superintendent shall not No open materials to be penalized or discriminated against for attending arbitrationscarried by Journeyman in his own vehicle, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the buildingand no more than twenty (20) pounds at any one time. 4SECTION 10. There Employees are to be notified by Business Agent and Health and Welfare Trust that Employer has not paid into Trust Funds. If employees continue working for said Employer five (5) days after notification, said employees shall be subject to disciplinary action. SECTION 11. Any employee, who may be added discharged due to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases his activities in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII reporting violations of this Agreement. The Arbitrator , shall give due consideration within five (5) days appeal to the Superintendent’s management responsibilities Union, and to if, after investigation, said charges are substantiated by the need for cooperation between the Superintendent and Union, written charges shall immediately be preferred against the Employer. 8SECTION 12. No provision of this Agreement journeyman shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.take day work except those journeymen who are over sixty

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

WORKING CONDITIONS. 123.01 New Employees shall be provided orientation during their first week on staff. Any replacement Superintendent The orientation shall receive include a copy of the contract wagejob description, except where it includes extra pay attributable familiarization with the goals of the Employer, the workplace, the clients, staff and programs, emergency procedures and any specialized information necessary for the performance of the job. Where applicable, Employees who will carry an active caseload, shall be given a general time table, including a plan for increasing caseload, and will be assigned work supervision during the adjustment period necessary to years of serviceprogress to a full caseload. This time table is subject to change by the Employer as required, special competence or special consideration beyond job requirementsand is given to the Employee for information purposes only. 223.02 Employees shall be given bi-annual performance evaluations for the purpose of recognizing accomplishments and identifying areas where improvement may be possible or desirable. An Employee shall have the right to a copy of her appraisal and shall have the right to have placed on her file a copy of her reply. 23.03 The Superintendent Employer shall continue to provide insurance to protect Employees from personal liability for injury to clients. 23.04 If an Employee is charged with an offence under the Criminal Code of Canada due to allegations concerning the Employee’s conduct during the performance of their duties, the Employer shall pay the reasonable legal fees for the Employee’s defence counsel on the condition that the Employee is found not guilty of any such offence. It is a further condition of payment that the Employee’s legal counsel is one whose law practice is primarily criminal defence. In the event the Employee chooses legal counsel whose principal area of practice is more than 150 kilometres of the Administrative offices of the Employer, the Employer will not be required to:responsible for any travel costs incurred by the Employee beyond 150 kilometres, regardless of the disposition of the charge(s). (a) renew cables on elevators 23.05 In the event that a pregnant Employee is assigned to a task requiring the performance of duties which may be hazardous to the pregnancy, in the written opinion of her medical doctor or build block or hollow tile walls, (b) run elevators except during relief periodnurse practitioner, lunch periodshe may request, and emergencies wherever possible will be granted, a transfer to an alternate task for the duration of her pregnancy provided she has the skills, ability and except that in any building employing three or less employees during qualifications to perform the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions 23.06 Where a particular job has been performed on a continuous basis for a period in excess of their own accord shall be entitled to accrued vacation allowance unless they eighteen (18) months and the position does not have given a permanent incumbent, the Employer at least thirty (30) days written termination notice. 7. The Union may question shall make both the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent position and the EmployerEmployee occupying the position permanent or terminate the position. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of serviceserv- ice, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief periodperi- od, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent he/she has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent he/she should continue to do work the Superintendent he/she has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized penal- ized or discriminated against for attending arbitrations, hearings or meetings, but this privilege priv- ilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s his/her additional compensation com- pensation distinguishes such employee him/her from other classes of workers on the premises, subject to the grievance and arbitration procedures provided provid- ed herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting paint- ing is required of the Superintendent and may relieve the Superintendent of, or require additional addi- tional compensation for, such excessive work. 6. No Superintendents Superintendent leaving their positions his/her posi- tion of their his/her own accord shall be entitled to accrued vacation allowance unless they have he/she has given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services servic- es and demand such employee’s his/her reinstatement to his/her job or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration con- sideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s his/her employment. This provision shall not be construed con- strued as to in any way prevent the exercise by the Employer of its his/her normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 2008 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Sources: Commercial Building Agreement, Commercial Building Agreement

WORKING CONDITIONS. 1A. Union Shop Cards maybe displayed in markets which em­ ploy members of the Union. The Local Union Secretary-Treasurer or his authorized agent has the full power to remove said card upon violation of any part of this Contract. Cards will be dis­ played in a conspicuous place. B. The Business Agent of this Union shall be admitted at all rea­ sonable times to the working room or rooms and interview the employees covered by this Contract while on duty. C. As the employees engaged under this Contract may be mem­ bers of the United Food and Commercial Workers International Union, nothing in this Contract shall be construed as to interfere with any lawful obligation which they may owe the United Food and Commercial Workers International Union as members thereof. D. The Union agrees to cooperate in correcting inefficiency of employees which might otherwise necessitate discharge. E. The Employer agrees not to enter into any agreement or un­ derstanding with any employee covered by this Contract, indivi­ dually or collectively, which in any way conflicts with the terms of this Contract. F. The Employer shall furnish all necessary tools of the trade, laundry and/or uniforms when required, provided, however, the Employer may furnish to the female employees dacron uniforms or similar type uniforms. The employees who are furnished such uniforms shall be responsible in the event of loss of these uni­ forms and such uniforms shall be laundered bv the employee. G. The Employer will provide a bulletin board or other suitable place in a location selected by the Employer. The Union may post notices necessary for conducting Union business on such boards or other suitable space. H. Contributions to charitable causes shall not be compulsory. I. The Employer agrees to furnish and maintain a first aid kit in a designated place and to check said kit monthly to replenish any needed supplies. J. Employer agrees to provide guards on grinders and cube ma­ chines. No employee shall use a grinder without the guard on the mill or use the cube machine with the lid or guard up. Any replacement Superintendent em­ ployee using the above equipment without the safety guards shall receive the contract wagebe subject to discipline, except where it includes extra pay attributable including discharge, without recourse to years of service, special competence or special consideration beyond job requirementsarbitration. 2. The Superintendent K. No employee will be required to report for work until said employee has had a minimum of ten (10) hours off duty. L. Employees shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in take a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawspolygraph test. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Retail Meat Contract

WORKING CONDITIONS. Section 1. Any replacement Superintendent Employees of off-site repair shops in signed relations with the Union may be permitted to do field service work and they shall receive be limited to just the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirementsservice call as specified in the work order. Section 2. When assistance is required for the operation of any of the equipment coming under the jurisdiction of the Operating Engineers it shall be an Engineer, an Oiler, or an Apprentice Engineer. Section 3. The Superintendent Employer will make every effort to combat dust conditions and will provide, where feasible, facilities on the job or project to maintain a minimum of exposure to dust. Section 4. Due to the unusual dust and dirt conditions on jobs covered by this Agreement, every effort will be made by the Employer to make existing facilities available where the employees may clean up before leaving the job or project. Section 5. The workmen shall be at their place of work at the starting time and shall remain at their place of work until regular quitting time. Section 6. Any Engineer operating his/her assigned machine within his/her designated work week will be given the option of operating said machine when overtime is involved, providing the Employer has need. Section 7. Compressor operators shall repair air hoses and air tools when repaired on the job. Section 8. Engineers shall be required to carry sufficient tools to make minor or running repairs. Section 9. Operators on pumps and siphons shall be required to move and clean foot valves and screens. All repair and servicing of pumps done at the job site will be the work of an Operating Engineer. Section 10. The necessary and proper sanitary facilities shall be provided. The Employers will also provide cool water in insulated containers and, if necessary, provide ice to retain the coolness of the water. Section 11. Any machine under the jurisdiction of the Operating Engineers shall not be required to:operated without an Engineer and/or Crew present, however, should a piece of equipment become disabled and in need of repair, the Engineer and/or Crew may be assigned to another unassigned piece of equipment until the original piece of equipment has been repaired. Under no circumstances will the Engineer and/or Crew be laid off because an unassigned piece of equipment is unavailable unless the disabled machine is not to be repaired or the disabled machine is returned to the shop for repair. (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators Section 12. The Operating Engineer shall not leave his/her job during working hours without permission except during relief periodlunch hour or because of conditions beyond the Operating Engineer’s control. Section 13. All legal holidays as prescribed in this Agreement falling on Sunday shall be observed on the following Monday. Any work performed on that day will be paid at the prescribed overtime rates. Section 14. When any pump installation is installed and connected, lunch periodwhether temporary or permanent, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings it shall do all the duties which the Superintendent has heretofore been accustomed be manned by an Operating Engineer when used to do, (c) do any ▇▇▇▇▇▇ for said maintenance purposes. Section 15. When an Engineer and/or Crew is called back to work except after completing a shift to move a machine on that job only, they shall receive a minimum of four (4) hours at time and one-half (1½) pay. If the machine is put into production they shall receive eight (8) hours’ time and one-half (1½) pay. Section 16. No employee shall be required to work more than five (5) consecutive hours without a lunch break. When unscheduled overtime work of more than two (2) hours is required, lunch will be provided by the Employer or the employees will be reimbursed in a building employing three employees or less during the daytime, exclusive amount of four dollars ($4.00). Section 17. No employee shall be transferred from one Employer to another without the consent of the SuperintendentEmployer for whom he/she is working and the Union except under unusual circumstances or in an emergency, in which case nor shall a Contractor transfer an employee from his payroll to that of another without notification to and with the Superintendent should continue consent of the Union. Section 18. Any Operating Engineer who fails to show up for work or leaves his/her work without notifying his/her Union or Business Representative, if it is within his/her power to do work so, shall be paid only for the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawstime worked. 3Section 19. The Superintendent shall All machines and equipment that are not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with listed in the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce placed in a classification decided by the wages or lower the rate of pay Joint Committee comprised of the Superintendent Union and the Contractor. Section 20. As new equipment is developed and made available for use, a reasonable amount of time shall be allowed the Engineer to familiarize himself/herself with this particular equipment. Section 21. Hoisting, lowering, or to lower or worsen handling of materials and/or equipment coming under the terms or conditions jurisdiction of the Superintendent’s Operating Engineers, regardless of the method employed, except when hoisted or lowered by hand power, shall require the employment of an Engineer. Section 22. All Engineers must receive regular scale wages as negotiated in this Agreement for work performed regardless of time, place or person. Section 23. The Employer will make every effort to provide proper parking facilities as near the job site as possible. Section 24. Hours of work, all deductions, contributions for pension, welfare, etc., shall be recorded on pay envelopes or check stubs of Engineers. Section 25. Telephone calls or telegrams are not to be recognized as a legitimate method of termination of employment. Section 26. This provision Where cabs, heaters or other suitable personal protection is available from manufacturers of equipment, they shall not be construed as supplied to in any way prevent protect the exercise by Engineer from excessive dust conditions and during inclement weather, unless job conditions make it impractical. Section 27. The duly authorized Business Representative of the Union shall have access to all jobs over which the Employer exercises control of its normal management prerogatives entry, and shall be permitted to make changes in equipmentvisit the Operating Engineers on the job as long as he/she does not interfere with their work and he/she shall have the power to replace, schedulesat the end of the shift, shiftsany member on the job for non-payment of dues or working dues, number of employees and duties necessary and incident or for securing employment contrary to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of referral provisions as provided in this Agreement. 9Section 28. Wherever When an Engineer is ordered to report at starting time the day previous and does not appear on time, he/she shall be paid only for the balance of the day. Section 29. When an Engineer, Oiler, Apprentice or Fireman is ordered to report on a conflict may exist between holiday as listed, he shall receive a full day’s pay at double time (2) except in case of inclement weather. He/she shall receive eight (8) hours’ pay for reporting if he/she remains on the 2016 Commercial Building Agreement job for two (2) hours and terms is ready for work. If placed to work, he/she shall receive eight (8) hours pay at the minimum of double (2) time. Section 30. Pertaining to one pumping operation per shift, it is understood that any Engineer employed by a Contractor on the project shall be permitted to start, operate and stop a pump when used for de-watering for any continuous two (2) hours of that shift. If the pump is used beyond the two (2) hours, an Engineer shall be employed and be paid a minimum of eight (8) hours at the prescribed rate for that shift. The conditions set forth above shall apply equally to the following machines: Compressor (175 CFM or under), Generator (5 KW and over), and Welding Machine (300 Amp and over), providing only one (1) machine listed in this article, section be operated for the terms of this article shall prevailtwo (2) hour period per shift.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. Section 1. Any replacement Superintendent If uniforms are required, it is agreed that the Employers shall, at their own expense, furnish and maintain them. The employees on their part agree to take good care of such uniforms and to wear them only in the course of their duties during working hours and during lunch time. The Employer shall receive furnish rubbers to employees whose duties regularly require them to walk in water. If uniforms are furnished by the contract wageEmployer, except where it includes extra pay attributable to years of service, special competence the Employer shall also furnish appropriate outdoor garments for snow removal or special consideration beyond job requirementsother outdoor work. Section 2. The Superintendent Employers shall provide a clean, sanitary locker room area and lockers, with washing facilities, soap and towels to the extent that such facilities exist. Each building shall provide and maintain an adequate first aid kit in the office of the building or some other central location. Section 3. The Employer shall furnish cleaning supplies in sufficient quantity and maintain all equipment in such state of repair as is required to perform the work assigned. Section 4. The Employers shall maintain comfortable working conditions and reasonable temperatures for all employees, including night crews in sealed buildings. The employer shall operate such heating and air conditioning equipment and/or fans, under its control, in order to maintain comfortable working temperatures in a manner consistent with the foregoing provision. Adequate lighting shall be provided in public areas to allow employees access to the areas they are to service. Section 5. It is agreed that there shall be no limitation on the type of work now being performed by any employee in a member office building. Section 6. Each employee shall be entitled to twenty (20) minutes of paid, nonworking time per day which shall be taken in two rest periods. Section 7. The Employer shall not impose an unreasonable workload upon any employee or add on any duties over a reasonable work load. In the event an employee is absent the remaining employees may be temporarily assigned to do part of the work assignments of the absent employees but they shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, expected to perform their regular full work loads and emergencies and except that in any building employing three or less employees during the daytime, exclusive extra work. Employees shall not be directed to do part of the Superintendentwork assignments of the absent employees unless and until they have first been instructed, in writing (and if reasonably practicable, in Spanish and/or Polish), as to what portions of their regular work assignment shall not be done in order to do the Superintendent in such buildings extra work. Copies of these instructions shall do all be provided to the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ and the building manager. If the instruction is not given in writing or if copies thereof are not provided to the ▇▇▇▇▇▇▇, any discipline imposed upon employees for failure to perform the extra work except shall be rescinded. The Employer shall either hire a temporary replacement or assign relief coverage (other than regularly-assigned cleaning employees) to perform the duties of any regularly- assigned general cleaning employee whose recurring job responsibilities cannot be postponed and who is absent for five (5) consecutive working days; provided, that in a building employing three those buildings with regular night general cleaning staffs of 40 or more employees, the Employer shall hire temporary replacements or assign relief coverage if more than 20% or 12 employees or less during the daytime, exclusive (whichever is less) of the Superintendentregularly-assigned night general cleaning staff employees are off due to previously scheduled absences. Section 8. No employee shall be required to perform any work under abnormally dangerous conditions, in which case the Superintendent should continue and a failure to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roofunder such circumstances, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized considered a cause for discharge or discriminated against for attending arbitrations, hearings or meetings, but this privilege discipline. Section 9. It is agreed that janitorial personnel will perform all traditional janitorial work which consists of general cleaning in and around the buildings. Section 10. The Employer shall not be construed so as require medical approval because of short term illness or disability up to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such including five (5) working days, provided however, that when an employee from other classes of workers on the premisesis chronically absent, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticemay require such medical approval. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Janitorial Agreement

WORKING CONDITIONS. 1Section 1 The Employers shall provide for the exclusive use of the Plasterers on each job on which they are doing work, a suitable gang box, for tools and clothing. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable The Plasterers are allowed to years of service, special competence or special consideration beyond job requirementshave coffee during working hours. 2Section 2 The Employer, Plasterers or the agents of either shall not accept or give directly or indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person for the purpose of effecting any change in rate of wages. The Superintendent Employers or their representatives shall not be required to:permitted to give any advance in wages to Plasterers, nor shall they be permitted to lend money to Plasterers. (a) renew cables Each Employer shall make reasonable provision for the safety and health of his employees and no employee or employees shall be permitted to work on elevators any scaffold whether inside or build block or hollow tile walls,outside unless said scaffold is erected in accordance with the State regulations governing same. (b) run elevators except during relief period, lunch period, and emergencies and except that Scaffolds shall not be erected or removed if it is hazardous to the Plasterers working in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do,immediate area. (c) do When plastering walls eight and one half (8 ½) feet and under, benches may be used. A step or a plank run shall be provided. (d) No plastering shall be started on any building over six (6) stories in height unless elevator service is in operation to carry employees to and from work. (e) No plastering shall be done unless temporary heat is available whenever the weather is cold. Section 4 No provision of this Trade Agreement shall supersede any Municipal, State or Federal law which imposes more stringent requirements as to wages, hours of work, or as to safety, sanitary or general working conditions than are imposed by this Trade Agreement. Section 5 On all jobs where Plasterers are working, the following practices are to be followed, wherever and whenever practical. (a) The mortarboard shall be raised at least ten (10) inches from the scaffold. When practical the mortarboards are to be placed on barrels or stands. (b) All permanent plain moldings shall be run in place or on a bench on the job except as defined in subsections (g), (h), (i), and (1) of this Section. All staffwork of composition shall be made and installed by Plasterers. Materials known as compo shall be made and installed by Plasterers. All GFRI, FRG, GRG or any substitutes for ornamental plaster shall be installed and pointed by plasterers. (c) All coves and bullnoses shall be run with a mould on strips over screeds. All arises when in plaster must be run with a mould or formed with strips. (d) When two-coat work is specified, the same shall be known as ▇▇▇▇▇ coat and finish coat. The ▇▇▇▇▇ coat must be thoroughly set before the finish coat is applied. (e) When three-coat work is specified, the same shall be known as scratch coat, ▇▇▇▇▇ coat and finish coat. The scratch coat shall stand at least six (6) hours, and shall be thoroughly set before the ▇▇▇▇▇ coat is applied, but this shall not apply on minor alterations. The ▇▇▇▇▇ coat must be thoroughly set before the finish coat is applied. (f) When the ▇▇▇▇▇ coat is used as a finish coat it shall be straight and true and floated or otherwise finished according to the texture desired, and shall be left in a workmanlike manner. (g) All ▇▇▇▇▇▇▇▇ work except shall be done in a building employing three employees or less during thorough workmanlike manner and it is understood and agreed that all ▇▇▇▇▇▇▇▇ on walls, columns, pilasters and partitions shall be screeded and rodded to a straight and true surface before the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed,finish coat is applied. (dh) perform work on a scaffold that is not directly over a roofWhere interior concrete surfaces are required to be plastered, setback, the first or within the building,bonding coat shall be especially prepared for this purpose. (ei) perform work on the inside of any fuel oilAll concrete ceilings shall be screeded and browned in a workmanlike manner, pressure or hermetically sealed tank,except when bonding agent and finish coat only are specified. (fj) build cutting tablesWhen the finish coat is applied it shall be trowelled to a smooth surface free from cat faces, machine stands or dress racksblockheads, orblisters, etc., and all angles and surfaces must be left straight and true. (gk) do any work that conflicts with State, Federal or Municipal lawsAll acoustic plaster shall be applied and finished in a workmanlike manner. 3. The Superintendent shall not be penalized (1) All partitions for terrazzo, mosaic or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous ceramic tile on walls and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord ceilings shall be entitled scratched and browned and brought to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticea straight and true surface. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Trade Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of serviceserv- ice, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees employ- ees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent he/she has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent he/she should continue to do work the Superintendent he/she has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the buildingbuild- ing, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrationsarbitra- tions, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s his/her additional compensation com- pensation distinguishes such employee him/her from other classes of workers on the premises, subject to the grievance and arbitration procedures provided provid- ed herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting paint- ing is required of the Superintendent and may relieve the Superintendent of, or require additional addi- tional compensation for, such excessive work. 6. No Superintendents Superintendent leaving their positions his/her position of their his/her own accord shall be entitled to accrued vacation allowance unless they have he/she has given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s his/her reinstatement to his/her job or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration con- sideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s his/her employment. This provision shall not be construed con- strued as to in any way prevent the exercise by the Employer of its his/her normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 2005 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Commercial Building Agreement

WORKING CONDITIONS. 1A. Union Shop Cards maybe displayed in markets which em­ ploy members of the Union. Any replacement Superintendent shall receive The Local Union Secretary-Treasurer or his authorized agent has the contract wage, except where it includes extra pay attributable full power to years remove said card upon violation of service, special competence or special consideration beyond job requirementsany part of this Contract. Cards will be dis­ played in a conspicuous place. 2B. The Business Agent of this Union shall be admitted at all rea­ sonable times to the working room or rooms and interview the employees covered by this Contract while on duty. C. As the employees engaged under this Contract may be mem­ bers of the United Food and Commercial Workers International Union, nothing in this Contract shall be construed as to interfere with any lawful obligation which they may owe the United Food and Commercial Workers International Union as members thereof. D. The Union agrees to cooperate in correcting inefficiency of employees which might otherwise necessitate discharge. E. The Employer agrees not to enter into any agreement or un­ derstanding with any employee covered by this Contract, indivi­ dually or collectively, which in any way conflicts with the terms of this Contract. F. The Employer shall furnish all necessary tools of the trade, laundry and/or uniforms when required, provided, however, the Employer may furnish to the female employees dacron uniforms or similar type uniforms. The Superintendent employees who are furnished such uniforms shall be responsible in the event of loss of these uni­ forms and such uniforms shall be laundered bv the employee. G. The Employer will provide a bulletin board or other suitable place in a location selected by the Employer. The Union may post notices necessary for conducting Union business on such boards or other suitable space. H. Contributions to charitable causes shall not be required to:compulsory. (a) renew cables on elevators or build block or hollow tile walls,I. The Employer agrees to furnish and maintain a first aid kit in a designated place and to check said kit monthly to replenish any needed supplies. (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇. ▇▇▇▇▇▇▇▇ work except in agrees to provide guards on grinders and cube ma­ chines. No employee shall use a building employing three employees or less during grinder without the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work guard on the inside of any fuel oilmill or use the cube machine with the lid or guard up. Any em­ ployee using the above equipment without the safety guards shall be subject to discipline, pressure or hermetically sealed tank, (f) build cutting tablesincluding discharge, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawswithout recourse to arbitration. 3. The Superintendent K. No employee will be required to report for work until said employee has had a minimum of ten (10) hours off duty. L. Employees shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as required to interfere with the orderly operation of the buildingtake a polygraph test. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1A. The Board will provide legal counsel and render assistance to an Employee in his/her defense in any instance where the Employee, while on the job, is complained against, assaulted or sued by reason of his/her actions, provided the Employee’s actions were not willfully negligent or malicious. Any replacement Superintendent shall receive Time lost by the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent Employee shall not be required to: charged against the Employee’s sick leave for the first seven (a7) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch periodhours of time, and emergencies and except that will be subject to Workers’ Compensation in any building employing three or less employees during the daytime, exclusive cases of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsinjury. 3B. No Employee shall be required to give or supervise the administration of medication without proper training. The Superintendent shall not Any Employee required to provide such service in the course of their assignment will be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with covered under the orderly operation of the buildingISD’s liability policies. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief C. Employees who work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticehours a week shall be considered full time Employees. 7D. An Employee shall be entitled to have an Association representative present during any investigatory interview or meeting that the Bargaining Unit Employee has reason to believe could lead to disciplinary action. E. An Employee shall have the right to review, upon request, the contents of his/her own personnel file, excluding pre-employment data. Each Employee may have a representative of the Association accompany him/her in such review. The Union may question review will be made in the propriety presence of the termination administrator responsible for the safekeeping of such file. F. An Employee shall have the right to submit a written rebuttal within ten (10) days of his/her receipt of the Superintendent’s services disciplinary document regarding any material in the personnel file and demand such employee’s reinstatement or severance payhave it attached to the materials. G. The signature of an Employee upon any material placed in his/her personnel file merely indicates his/her awareness of the material. H. All ISS Employees will be trained by the appropriately certified staff in all required procedures including but not limited to catheterization, if anytube feedings, as medication administration, glucose monitoring and trachea care through district provided professional development during the case may benormal, by filing a grievance under Article VII of this Agreementpaid, scheduled work days. The Arbitrator shall give due consideration District will provide ongoing updates on procedures upon the request the ISS expected to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employerconduct such procedures. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent The Employer and the employees shall receive cooperate in a mutual effort to provide working conditions that are safe, healthy, clean and have adequate heat, light and ventilation. In furtherance of this goal, the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required Employer agrees to: (a) renew cables on elevators or build block or hollow tile walls,designate a management employee to be in charge of the maintenance and grounds of each building managed by LAS; and (b) run elevators except during relief period, lunch periodform a Health and Safety Committee with the Union within one month of the signing of this Agreement. The composition of this Committee shall be three Union members appointed by the Union and the management-designated maintenance and groundsperson(s). The Committee shall be charged with discussing and making recommendations regarding the maintenance and upkeep of, and emergencies and except that in capital improvements on, any building employing three office which LAS manages. The Committee shall meet on a semiannual basis or less employees during at reasonable times at the daytime, exclusive request of the SuperintendentUnion, the Superintendent in such buildings first meeting shall do all occur within 30 days of the duties which the Superintendent has heretofore been accustomed to do,adoption of this contract and at six month intervals thereafter. (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive include at least one member of the SuperintendentHealth and Safety Committee on any committee which s/he forms to investigate, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setbackrent, or within purchase any additional or new office space. 2. The Employer shall be responsible for ensuring that the building, (e) perform work on workplace is cleaned regularly. The Employer shall also ensure that the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsworkplace is painted and the carpets steam cleaned when in the Employer's judgment it is needed and affordable. 3. The Superintendent employees shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with cooperate in maintaining the orderly operation of the buildingfacilities in a clean and proper manner. 4. There may The Employer shall provide each employee with a permanent work station. An employee's work station shall not be added changed unless necessary, in the judgment of the Executive Director, and only after prior notice to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinaffected employee(s). 5. The Arbitrator may consider exceptional cases in which Whenever the Union claims that excessive work Employer proposes to paint, exterminate, repair or remodel the utilization of unique skills or painting is required premises, the Employer shall give each employee 3 days' written notice of the Superintendent and may relieve action unless an emergency exists. In emergency situations as determined by the Superintendent ofExecutive Director, or require additional compensation for, such excessive workthe Employer shall give as much advance notice as possible. 6. No Superintendents leaving their positions of their own accord There shall be entitled no smoking within any LAS office, including common areas. An employee who violates this paragraph may be subject to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticediscipline. 7. The Union may question the propriety Employer shall post conspicuous notices of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the EmployerSociety's no smoking policy. 8. No provision of this Agreement The Employer shall be so construed as to reduce close the wages or lower office when the rate of pay failure of the Superintendent heating and/or cooling system or to lower or worsen the terms or other conditions of the Superintendent’s employment. This provision shall not be construed as an office make working conditions intolerable or a threat to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees health and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementsafety. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1Section 12.1 No member of the Union shall suffer a reduction in benefits or wage rates solely by the signing of this Agreement. Section 12.2 The Employer will furnish and launder such store linen as it desires worn by its employees, except that when the Employer supplies Dacron or similar type uniforms for employees, they may be laundered by the employee. Any replacement Superintendent Since this item of expense is intended to make the Employer's service more attractive to customers, employees shall be requested to present a neat, clean, business-like appearance while on duty in the stores. Section 12.3 If a physical examination or health permit is required, only the expense of the examination or health permit shall be borne by the Employer. Section 12.4 A full time employee who receives a pay rate which is higher than the pay rate provided in Exhibit A for the employee's classification, who is promoted to a department head and subsequently demoted to the employee's former classification shall receive the contract wagesame pay rate differential which the employee previously received. Section 12.5 The Employer agrees, in the event of a temporary transfer at the Employer's request, to reimburse the employee for increased transportation costs on the basis of forty-five cents (45¢) per mile, except, however, when an employee chooses public transportation, excluding taxicabs, the employee shall be reimbursed only for the actual cost of such increased transportation. Temporary assignments will not exceed thirty (30) days except in cases of relief of an employee absent on extended sick leave. The time required for travel between the stores shall be included as a portion of the employee's work day and considered as time worked for all purposes. Section 12.6 Notices concerning Union business which have been approved by the Employer's main office may be posted in designated locations in the store. Section 12.7 First aid kits for each store and all tools of the trade will be furnished by the Employer. Section 12.8 The Employer shall have a time clock or time sheets in each store for the purpose of keeping record of all hours worked by the employees. Section 12.9 A meat department bargaining unit employee shall be on duty until 8:00 P.M. in all stores, except that a department need not be staffed during meal periods where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirementsthere is only one (1) employee on duty that shift. 2. The Superintendent Section 12.10 No employee may be held responsible for each register overages or shortages unless he is given the privilege of checking the change and daily receipts upon starting and completing the work shift. Section 12.11 When more than one employee works from one cash drawer or office cash drawer, no employee shall not be required to:held responsible for cash shortages. (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees Section 12.12 Employees hired during the daytimeperiod of May 1 and September 30, exclusive of to work in the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any beach stores #▇▇ - ▇▇▇▇▇ work except in a building employing three employees or less during the daytime▇▇▇▇, exclusive of the Superintendent, in which case the Superintendent should continue #▇▇▇ - ▇▇▇▇▇ ▇▇▇▇ and #889 -Berlin shall be designated Summer Temporary Help. Seniority shall not accrue from season to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3season. The Superintendent rates of pay will be at the prevailing starting rate of time of hire. Employees will not be subject to recall and shall not be penalized or discriminated against eligible for attending arbitrationsany benefits. Those employees that were eligible for recall in 1986 remain eligible for recall in subsequent seasons with refusal provision applying. Employees hired after September 30, hearings or meetings1992 for stores #▇▇▇ - ▇▇▇▇▇ ▇▇▇▇, but this privilege shall not be construed so as to interfere with the orderly operation #▇▇▇ - ▇▇▇▇▇ ▇▇▇▇ and #889 - Berlin will have a probationary period of the buildingone hundred twenty (120) days. 4. There may Section 12.13 Company to provide Union with new drug and alcohol policy which will be added to reviewed by the duties of Company and the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinUnion. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, Section 12.14 Except by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation mutual agreement between the Superintendent employee and the Employer. 8, employees shall receive a minimum of ten (10) hours off between the end of their schedule and the starting of their next schedule. No provision of Any employee who works during this Agreement ten (10) hour period shall be so construed as to reduce the wages or lower paid for such time at the rate of time and one-half (1½) their straight time rate of pay. Section 12.15 Floor Care (to include the cleaning of restrooms) may be performed by an outside vendor. Employees who performed floor care prior to March 26, 2000 shall receive the same hours and rates of pay as they have in the past. Section 12.16 Employees promoted to Department Head shall receive the applicable Department Head rates according to the scales for their date of hire. Section 12.17 Those employees on the payroll prior to the conversion of Super Fresh (Baltimore area November 8, 1986 and April 22, 1987 Eastern Shore) shall maintain their participation in the FELRA Health and Welfare, Pension, Legal and Severance Funds; and shall maintain their vacation, holiday entitlement and shall maintain Sunday and holiday premium pay. Section 12.18 Company and Union agree to continue the incentive bonus program established under the 1986 contract through the conversion of the Superintendent or A&P stores to lower or worsen SuperFresh. Company and Union further agree to meet periodically during the terms or conditions of current agreement to review the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of incentive program and its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementformat. 9Section 12.19 The Employer agrees to reimburse pharmacy technicians for the cost of a required certification exam, but only for the first time the employee takes the exam. Wherever a conflict may exist between In addition, pharmacy technicians will be reimbursed for the 2016 Commercial Building Agreement and terms of this article, fees associated with their initial state registration. The Employer shall also make available online training for the terms of this article shall prevailexam.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. Section 1. Any replacement Superintendent Mortar boards shall receive the contract wage, except where it includes extra pay attributable be raised sixteen inches (16") whenever convenient. All brick and tile to years of service, special competence be raised sixteen (16) inches off ground or special consideration beyond job requirementsscaffold like mortar board. Section 2. Mortarboard stands shall be furnished and be not less than sixteen (16) inches. No masonry units shall be laid more than four (4) feet, eight (8) inches above foot level except to top out walls or in situations where a working platform is physically impractical. Section 3. There shall be no lost time during working hours for employees covered by this Agreement while waiting for lights in boilers, blast furnaces or in places where lights are required, or by waiting for any scaffolds. Section 4. The Superintendent saw shall not be required to:equipped with blower and dust collector. The Employer shall supply safety goggles (if operator wears glasses, goggles shall fit over same), respirator and hearing protection. Section 5. Any Employer supplying the Wet Saw shall furnish all necessary protection for the operation of same. Work performed under this Agreement shall meet all requirements of OSHA and MIOSHA. Section 6. Any masonry units set by hand weighing more than forty-five pounds (a45 lbs.), shall be set by two (2) renew cables on elevators or build block or hollow tile walls, bricklayers. On multi-width walls in excess of fourteen inches (b14") run elevators except during relief periodand where both units weigh more than thirty-three pounds (33 lbs.), lunch periodthe outside unit shall be laid by two (2) bricklayers. All brick floors shall be laid by bricklayers. On firebrick and stone work, and emergencies and except that in any building employing three or less employees during tools are to be dressed at the daytime, exclusive expense of the SuperintendentEmployer. Section 7. No employee shall allow the line on the wall to go up more than one course at a time, unless there are no obstructions in the Superintendent in such buildings way and not until the line is out and bricks are walled up for the next course. No employee shall do all the duties which the Superintendent has heretofore been accustomed be allowed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive build ahead of the Superintendentline except at a twig. Line must be pulled on both sides on any wall exceeding nine inches (9") in width. Section 8. The welding machine and cutting torch are tools of the trade having jurisdiction over the work being welded. Section 9. The selection of craft Foremen or craft General Foremen, in which case over workers of their respective crafts, shall be entirely the Superintendent should continue to do work responsibility of the Superintendent has heretofore performed,Employer. (d) perform work on a scaffold that is not directly over a roof, setback, or within Section 10. It shall be the building, (e) perform work on the inside duty of any fuel oilemployee who may be working next to another employee who may be causing delay, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsto help him out. 3Section 11. The Superintendent No work shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with done which will destroy the orderly operation true principles of the buildingtrades, such as building walls out of plumb, laying brick without mortar, building hollow walls in violation of city ordinances, filling interior walls with rubbish and failing to insert cross joints where work is exposed to view, unless otherwise specified. 4Section 12. There may be added As the Contractor is responsible for the proper performance of his contract in accordance with plans and specifications, he must have the same freedom in securing the necessary material as he has in securing competent workers necessary to erect the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premisesthey contract, subject to the grievance and arbitration procedures provided hereinexclusion of prison-made materials. 5Section 13. Employers shall provide a tool shed, supplied with a suitable lock and a place properly heated where employees may eat their meals where permitted by site conditions. The Arbitrator may consider exceptional cases Employer shall be responsible for the loss of tools and clothing due to fire or burglary not to exceed four hundred dollars ($400), provided tools and clothing are locked in the place designated. Employees must furnish itemized affidavits covering any losses suffered by fire or burglary and must furnish the Employer with Section 14. Every Employer of bricklayers must maintain a business phone, business address and must be listed in a major directory. This information and that which follows must be furnished in writing to the Union by the Employer: a) Registration number with the Michigan Employment Security Commission. b) Employer identification number as registered with the Internal Revenue Service and the Social Security Commission. c) Michigan Workers' Compensation number and the name and address of the insurance company carrying the Worker's' Compensation policy, as well as the expiration date of the policy. If the Employer intends to change the name under which the business is conducted, alter the ownership relationships and interests in the business, or change the business address, the Employer shall notify the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent change or changes anticipated and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer effective date at least thirty (30) days written termination noticeprior to the effective date. 7Section 15. The Union may question It shall be the propriety duty of the termination Employer(or his representative) or any member of the Superintendent’s services Bricklayers and demand such employee’s reinstatement or severance payAllied Craftworkers Local Union No. 2, if anyMichigan, as to immediately report to their respective representatives any violation of the case may be, by filing a grievance under Article VII agreed rate of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision part of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent ‌ A. The State Bar shall receive comply with all applicable local, state and federal laws regarding the contract wage, except where it includes extra pay attributable to years health and safety of service, special competence or special consideration beyond job requirementsEmployees. 2B. The State Bar agrees that work assignments and the distribution of work insofar as practical will not be made in an inequitable and unreasonable manner. The Superintendent shall Union agrees that work assignments and the distribution of work are solely the State Bar’s prerogative and not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinprocedure. 5. The Arbitrator may consider exceptional cases in which C. In the Union claims event that excessive an Employee believes their work assignment(s) to be inequitable or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration unreasonable because access to the Superintendent’s management responsibilities grievance procedure is not permitted under the MOU, the Employee may discuss the matter with their immediate supervisor or first level manager. If the concern has not been resolved in a timely manner and to the need for cooperation between Employee’s satisfaction, the Superintendent matter may be raised with higher management including their Office Director or the Chief Administrative Officer. The Employee will have the right to Union representation during any of the above discussions. This procedure is intended to be informal. Therefore, there is no requirement to reduce complaints or responses to writing, and the EmployerEmployee or the Employee’s supervisor or first level manager may skip steps in the above procedure. 81. No provision The State Bar and the Union shall create a joint Union General Bargaining Unit/State Bar Work Assignment’s Task Force composed of eight (8) members. The State Bar shall appoint four (4) members and the Union shall appoint four (4) members. The goal of this Agreement shall Task Force will be so construed to establish “yardsticks” to measure workloads/assignments. These yardsticks will consider both quantifiable measures such as the number of assigned cases or the number of unfilled positions in a work unit, as well as less measurable areas such as the difficulty of certain types of cases/assignments. It is the intention to reduce develop a recognized maximum expectation for workloads/assignments to relieve Employees of concerns of unreasonable discipline or denial of time off. Yardsticks are not to be used as productivity measures. D. The delivery of State Bar services in an efficient, effective and courteous manner is of importance to the wages or lower the rate of pay State Bar and its Employees. Such achievement is recognized to be a mutual obligation of the Superintendent or to lower or worsen Union and the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees State Bar within their respective roles and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementresponsibilities. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: General Unit Memorandum of Understanding

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageA. Physical Breakdown and/or Climatic Conditions At any time, except where it includes extra pay attributable in any building, if students are not required to years be present because of servicephysical breakdown and/or climatic conditions, special competence or special consideration beyond job requirements. 2. The Superintendent secretaries shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3be present. The Superintendent During special dismissals for storm watches secretaries shall not be penalized or discriminated against permitted to leave the building until students have been dismissed and have boarded buses. Any employee, who is required to work beyond their regularly scheduled year due to rescheduled days, will be paid for attending arbitrations, hearings or meetings, but this privilege those additional days at their current rate of pay. B. Members shall not have to make up the hours served on jury duty or when subpoenaed for court appearance. The difference between payment by the court and regular salary shall be construed so as to interfere with paid by the orderly operation Board. C. All members of the building. 4JCSSA shall be included in the Board's policy for Worker's Compensation. There may be added to If the duties employee received Worker's Compensation during an absence from the regular assignment, the amount of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord Worker's Compensation shall be entitled to accrued vacation allowance unless they have given deducted from salary due under the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision sick leave clause of this Agreement until the applicable sick leave or Worker's Compensation is exhausted. D. The primary responsibility of a secretary is to his/her immediate supervisor. Requests from other supervisors shall not take priority over existing assignments. Teachers who are paid for an extra duty assignment, such as A.V. and Athletics shall not pass those duties to secretaries other than secretaries so assigned. E. Part-time personnel will be hired by the Board to assist secretaries in their assignment of checking in and distributing teaching supplies prior to the opening of a school year. F. Each secretary shall be so construed as to reduce granted one (1) break in the wages or lower a.m. and one (1) in the rate p.m. of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmenteach work day. This provision Each break shall not exceed fifteen (15) minutes or may be construed scheduled differently to care for the work load or daily schedule problems. ▇. Absent secretaries will be replaced by substitute secretaries, if needed, as to in any way prevent the exercise determined by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementprincipal. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent A. The State Bar shall receive comply with all applicable local, state and federal laws regarding the contract wage, except where it includes extra pay attributable to years health and safety of service, special competence or special consideration beyond job requirementsEmployees. 2B. The State Bar agrees that work assignments and the distribution of work insofar as practical will not be made in an inequitable and unreasonable manner. The Superintendent shall Union agrees that work assignments and the distribution of work are solely the State Bar’s prerogative and not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinprocedure. 5. The Arbitrator may consider exceptional cases in which C. In the Union claims event that excessive an Employee believes their work assignment(s) to be inequitable or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration unreasonable because access to the Superintendent’s management responsibilities grievance procedure is not permitted under the MOU, the Employee may discuss the matter with their immediate supervisor or first level manager. If the concern has not been resolved in a timely manner and to the need for cooperation between Employee’s satisfaction, the Superintendent matter may be raised with higher management including their Office Director or the Chief Administrative Officer. The Employee will have the right to Union representation during any of the above discussions. This procedure is intended to be informal. Therefore, there is no requirement to reduce complaints or responses to writing, and the EmployerEmployee or the Employee’s supervisor or first level manager may skip steps in the above procedure. 81. No provision The State Bar and the Union shall create a joint Union General Bargaining Unit/State Bar Work Assignment’s Task Force composed of eight (8) members. The State Bar shall appoint four (4) members and the Union shall appoint four (4) members. The goal of this Agreement shall Task Force will be so construed to establish “yardsticks” to measure workloads/assignments. These yardsticks will consider both quantifiable measures such as the number of assigned cases or the number of unfilled positions in a work unit, as well as less measurable areas such as the difficulty of certain types of cases/assignments. It is the intention to reduce develop a recognized maximum expectation for workloads/assignments to relieve Employees of concerns of unreasonable discipline or denial of time off. Yardsticks are not to be used as productivity measures. D. The delivery of State Bar services in an efficient, effective and courteous manner is of importance to the wages or lower the rate of pay State Bar and its Employees. Such achievement is recognized to be a mutual obligation of the Superintendent or to lower or worsen Union and the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees State Bar within their respective roles and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementresponsibilities. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Tentative Agreement

WORKING CONDITIONS. 1Section a. Personal Time Except during times of fires or emergencies, the hours from 11:30 a. m. to 1:00 p.m. shall be for meals or other personal use with the exception of one man on watch. Any replacement Superintendent Watches shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirementsbegin at. 6:00 a.m. and continue until 10:30 p.m. daily. 2Section b. Station Upkeep Cleaning and washing incidental to normal upkeep of the premises and fire equipment shall be under the control of the Fire Chief or his designated representative. The Superintendent Other maintenance work on any building or premises under the control of the Department shall be performed only on written request by the Mayor, which request shall not be unreasonably made. If in the opinion of the employees, the request is unreasonable, they shall have the opportunity to discuss said request with the Mayor and the Chief. Section c. Drills Other than emergencies, no drills, or extra work details other than normal maintenance and “housework” shall be required toon Sundays, Holiday, or Night shifts. Section d. Reserves and Provisionals 1) Article 18, Section D, of the current Collective Bargaining Agreement shall be amended to allow for the creation of a Permanent Reserve Firefighter List on the following basis: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord City shall be entitled to accrued vacation allowance unless they have given establish a Permanent Reserve Firefighter List for the Employer at least thirty (30) days written termination noticepurpose of hiring Permanent Reserve Firefighters. 7. b) The Union may question establishment of a Permanent Reserve Firefighter List and the propriety hiring of Permanent Reserve Firefighters shall be pursuant to all requirements of Civil Service Law and the Human Resources Division. c) The number of individuals maintained as Permanent Reserve Firefighters in a given year shall be limited to the number of readily predictable job openings during that year. d) Once hired, Permanent Reserve Firefighters will be eligible for appointment as Permanent Firefighters in accordance with Civil Service Law and the rules and regulations of the termination Human Resources Division. Permanent Reserve Firefighters shall not otherwise perform duties for the City of Gloucester. e) Permanent Reserve Firefighters shall not perform any of the Superintendent’s services duties of a Firefighter, and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed used to fill shifts. f) This agreement is not intended to impact or impair in any manner the City’s ability to hire or ability to determine when and if it hires any individual from the Permanent Reserve Firefighter list. 2) The City may make any conditional offers of employment, consistent with paragraph 1(c) above, at any time without the need to bargain over the decision. 3) This agreement shall have no effect and shall not create a precedent as to in any way prevent whether and when the exercise by the Employer of its normal management prerogatives City chooses to make changes in equipment, schedules, shifts, number of employees create a permanent reserve firefighter list and duties necessary when and incident whether it chooses to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementhire therefrom. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. Section 1. Any replacement Superintendent Overtime at the rate of time and one-half (1-1/2) shall be paid for all hours worked in excess of forty (40) hours per week. Overtime will be paid in accordance with the Fair Labor Standards Act. Section 2. Overtime will be assigned on a rotating basis by seniority beginning with the] most senior employee on the list. Such lists will be maintained and overtime assignments ! shall be made based on type of work requiring the overtime (e.g., bus driver, custodial, f etc.). The decision of whether to assign overtime is optional with the Employer. Thef Employer specifically reserves the right, under exceptional circumstances, to assign non-J bus driver employees to drive District owned vehicles which only require the operator to | have a normal operator’s license. I Section 3. Except as provided below, employees who work five (5) hours or more per day, shall receive a thirty (30) minute, duty free, unpaid lunch break, which, with the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive approval of the Superintendent, the Superintendent may be taken in such buildings two, fifteen minute increments. Employees assigned to eat lunch with students shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less be paid for their lunch time. No other regularly scheduled breaks shall be taken during the daytimework day, exclusive unless granted at the discretion of the Superintendent. An uninterrupted half-hour lunch period shall be provided for employees covered by this Agreement. It is understood that should operational needs impact on the half-hour lunch period, in which case compensation time consideration will be worked out with the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold employee’s supervisor that is not directly over a roof, setback, or within mutually convenient time for both the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsemployee and supervisor. 3Section 4. The School Nurse shall be provided with a paid half-hour lunch daily, effective May 20,1992, and thereafter. / Section 5. For those Unit members employed by the District as of July 1, 1988, the workweek shall be Monday - Friday, unless the employee agrees to take a position involving some other type of scheduled workweek (e.g., Wednesday - Sunday). Section 6. Out-of-Title Work The Superintendent shall not be penalized have the authority to assign unit members to perform duties beyond or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with outside the orderly operation scope of the building. 4their job descriptions. There may be added According to the terms of this provision, employees assigned to perform duties of beyond the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions scope of their own accord job description shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower receive the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident that applies to the operationtype of work they are performing. If the rate of pay for the other work is higher than their normal hourly rate, maintenance and servicing then such payment for the out of title work shall commence immediately upon the building not inconsistent with the letter or the spirit commencement of any other specific provision of this Agreementsuch work, provided it is for a full day. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Memorandum of Agreement (Moa)

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageA. Physical Breakdown and/or Climatic Conditions At any time, except where it includes extra pay attributable in any building, if students are not required to years be present because of servicephysical breakdown and/or climatic conditions, special competence or special consideration beyond job requirements. 2. The Superintendent secretaries shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3be present. The Superintendent During special dismissals for storm watches secretaries shall not be penalized or discriminated against permitted to leave the building until students have been dismissed and have boarded buses. Any employee, who is required to work beyond their regularly scheduled year due to rescheduled days, will be paid for attending arbitrations, hearings or meetings, but this privilege those additional days at their current rate of pay. B. Members shall not have to make up the hours served on jury duty or when subpoenaed for court appearance. The difference between payment by the court and regular salary shall be construed so as to interfere with paid by the orderly operation Board. C. All members of the building. 4JCSSA shall be included in the Board's policy for Worker's Compensation. There may be added to If the duties employee received Worker's Compensation during an absence from the regular assignment, the amount of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord Worker's Compensation shall be entitled to accrued vacation allowance unless they have given deducted from salary due under the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision sick leave clause of this Agreement until the applicable sick leave or Worker's Compensation is exhausted. D. The primary responsibility of a secretary is to his/her immediate supervisor. Requests from other supervisors shall not take priority over existing assignments. Teachers who are paid for an extra duty assignment, such as A.V. and Athletics shall not pass those duties to secretaries other than secretaries so assigned. E. Part-time personnel will be hired by the Board to assist secretaries in their assignment of checking in and distributing teaching supplies prior to the opening of a school year. F. Each secretary shall be so construed as to reduce granted one (1) break in the wages or lower a.m. and one (1) in the rate p.m. of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmenteach work day. This provision Each break shall not exceed fifteen (15) minutes or may be construed scheduled differently to care for the work load or daily schedule problems. G. Absent secretaries will be replaced by substitute secretaries, if needed, as to in any way prevent the exercise determined by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementprincipal. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent Until such time as changed by the Joint Trade Board the following conditions shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required toremain in effect: (aA) renew cables on elevators or build block or hollow tile walls,The Employer shall furnish fresh drinking water during working hours and shall supply a standard type commercial sanitary water container manufactured for that purpose which dispenses water through a spigot and also paper cups in a commercial cup dispenser. (bB) run elevators except If five or more employees are employed on the job, they are to be provided with a suitable dry, watertight place in which to change their clothes, separate from the paint and tool shop. Each shanty shall be provided with benches with no less than three feet of wall space for each employee for proper dressing facilities and shall be raised sufficiently off the ground, to keep the floor dry. Heated dressing areas shall be provided during relief the winter period. (C) The Employers shall furnish a sufficient supply of clean pails of water, soap powder and clean sterilized white rags and an adequate facility for washing. Ten minutes shall be allowed for washing, at the lunch periodperiod if the employees are brought in, and emergencies at quitting time. The Employers shall further provide all substances required for adequate cleaning following employee exposure to lead, and except that any and all other hazardous materials and will provide adequate washing stations and showers in any building employing three accordance with OSHA regulations. (D) Each Employer shall supply burlap covering for scaffolds where necessary for safety. (E) Employers shall provide adequate safety equipment and first aid kits. The names, addresses and telephone numbers of doctors available for first aid shall be posted on all jobs. The Employer shall comply with all State and Federal safety laws. (F) Sanitary toilet facilities shall be available on all jobs. (G) The Employer agrees to provide protective clothing when using substances designated by the Joint Trade Board as requiring such protective clothing. (H) The labeling of original containers or less employees during materials to show the daytimeingredients thereof, exclusive such as material safety data sheets, is favored. (I) It shall be the duty of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except to enforce the use of safety harnesses and to discharge any employee refusing to wear and properly use a safety harness where required by law or regulations. (J) Employees who are under the influence of drugs or alcohol during working hours, or report in a building employing three employees or less during an intoxicated condition shall be summarily discharged. They shall only be paid for hours worked up to the daytime, exclusive time of discharge. Employees leaving the job without permission of the Superintendent▇▇▇▇▇▇▇ shall be summarily discharged and only paid up to the time of discharge. In each instance, in which case the Superintendent facts should continue to do work first be verified by the Superintendent has heretofore performed,▇▇▇▇▇▇▇ and a witness who preferably should be the ▇▇▇▇▇▇▇. In all cases the discharged employee may be paid by check through the mail within 10 days of the discharge. (dK) perform work on a scaffold that is not directly over a roofEmployers are required to comply with all applicable Federal, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsState and local health and safety laws and regulations. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageThe Town of Portsmouth agrees that, except where in cases of emergency, it includes extra pay attributable will not institute any significant change in the regular working conditions of employees covered by this Agreement without prior consultation concerning said change with Local 1949; it being understood, however, that in the event a question arises as to years whether or not a working condition has been changed, the employees will carry out the orders of servicethe Officer in Charge pending the resolution of the question in accordance with the procedure set forth in ARTICLE XXVIII. In case any rule, special competence regulation, order or special consideration beyond job requirements. 2other directive by whatever name the same may be called, requires any employee covered by this Agreement to have, acquire or maintain any equipment, apparatus or device other than a telephone, the Town may be responsible for the purchase and maintenance of such equipment. The Superintendent Town and the Union shall cooperate in formulating a physical enhancement program, designed to improve the physical condition of the employee. To this end a committee shall be formed comprised of an equal number of representatives of the Town and the Union, with the charge of formulating a program for employees of the Fire Department. Such program shall not be mandatory on any employee. The Town and the Union will encourage all employees to participate in the program. The unlawful manufacturing, distribution, dispensation, possession, or use of a controlled substance by a member of the Portsmouth Fire Department while on duty, or the failure of the employee to notify the employer of his/her criminal drug statute conviction for a violation occurring while on duty within five (5) days of such conviction, is prohibited. Effective July 1, 2010, all employees of the Fire Department shall be required to: (a) renew cables on elevators to possess and maintain a valid E.M.T. - Basic Certificate, as a condition of continued employment. All employees hired after July 1, 2010, must maintain, at a minimum, a RI E.M.T. Cardiac Certification as a condition of employment. The Town shall provide or build block or hollow tile walls, (b) run elevators except during relief periodpay for E.M.T. Paramedic recertification classes, lunch periodwhen needed, and emergencies and except that in any building employing three or less employees during the daytime, exclusive will provide administrative leave to attend classes which conflict with duty schedules. The Town shall provide E.M.T. Recertification classes for all members of the SuperintendentFire Department, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed up to do, (c) do any ▇▇▇▇▇▇ work except in E.M.T Cardiac level, when needed. These classes will be conducted on a building employing three employees or less during the daytime, exclusive per shift basis while on duty. Any member of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work Department who misses a scheduled class on a scaffold that his shift is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives responsible to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.up this

Appears in 1 contract

Sources: Collective Bargaining Agreement

WORKING CONDITIONS. A. Professional Growth The Board of Education recognizes the importance of professional conferences for the professional growth of the individual administrator and therefore, subject to available resources, shall provide the opportunity for and reimbursement of appropriate expenses for such conferences upon the approval of the Superintendent or his/her designee. Administrator will be compensated for participation in district approved Professional Development during the summer break at a rate of $25.00 per hour. This rate would be in lieu of additional per diem pay or contractual flex days. B. Transfer Transfer shall mean the movement from one administrative position to another administrative position which has essentially the same job specifications, movement to a position which the administrator meets the qualifications as established by the Board of Education. 1. Any replacement Superintendent An Administrator, currently employed by the District, who is eligible for transfer under the terms of the definition above shall receive be given an opportunity to apply for a transfer to another position within the contract wage, except where it includes extra pay attributable to years of service, special competence District before candidates from within or special consideration beyond job requirementsoutside the District are considered for that position. An Administrator will not be allowed a transfer unless approval is obtained from the Superintendent. 2. The Superintendent When an administrative opening occurs, it shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch periodannounced in writing to all administrators, and emergencies and except that in any building employing three or less employees during the daytime, exclusive a period of the Superintendent, at least one (1) week shall be established for submitting transfer requests to the Superintendent in such buildings shall do all for the duties which open position or any other opening that may occur as a direct result of approving a transfer to the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsopen position. 3. The Board of Education and the Superintendent shall not after considering said transfer requests reserve the right to post the position both within and/or outside the district and to employ the person they feel to be penalized or discriminated against best qualified for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the buildingvacancy. 4. There Any two (2) administrators may be added agree, but subject entirely to the approval of the Superintendent and Board of Education, to exchange their respective positions so that the first administrator would assume the former duties of the Superintendent more or less miscellaneous second and relief work for which he/she would assume the Superintendent’s additional compensation distinguishes such employee from other classes former duties of workers on the premises, subject to the grievance and arbitration procedures provided hereinfirst administrator. 5. The Arbitrator If for reasons of inadequate performance of duties, the Superintendent believes it would be in the District’s best interest to transfer an administrator to another administrative position within the district, the following shall apply: a. Before effecting a Superintendent-initiated transfer, the Superintendent shall offer all appropriate assistance and counsel to the administrator to help correct the situation giving the underlying reasons for the contemplated transfer. b. If the performance problem persists, a formal warning shall be issued to the involved administrator at a conference and the administrator shall have any observable inadequacies specifically written out for him/her and he/she shall be awarded an opportunity of no less than two (2) months’ time to rectify that which may consider exceptional cases be inadequate in which his/her performance. c. If the Union claims Superintendent feels that excessive work or the utilization of unique skills or painting is required problem has not been rectified, a formal review of the Superintendent involved administrator's activities shall be written out and may relieve presented to the Superintendent ofinvolved administrator at a subsequent conference prior to effecting the transfer. If such a conference is held, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord the involved administrator shall be entitled to accrued vacation allowance unless they have given legal representation. d. If a transfer is exercised under the Employer above listed transfer language, the administrator's salary and benefits will change to the new position's amount following the expiration date of the administrator's contract. The administrator shall be subject to assignment and transfer at the discretion of the Superintendent of Schools. C. Evaluation Pursuant to Act 451 of 1976 Section 380.1249, the Superintendent of Schools or his/her designee shall evaluate the administrator’s job performance at least thirty (30) days written termination notice. 7annually while providing timely and constructive feedback. Administrators shall have a pre-evaluation and planning meeting to develop goals, a formal mid-year review process and an end of year evaluation meeting. The Union may question evaluation of each administrator shall be discussed with the propriety of individual administrator, reduced to writing, and presented to the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreementadministrator. The Arbitrator administrator shall give due consideration to the Superintendent’s management responsibilities receive a copy of each evaluation and to the need for cooperation between a copy shall be placed on file with the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce handled in an ethical manner. The original evaluation shall be placed in the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendentadministrator’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementpersonnel file. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Sources: Employment Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive a) The Employer agrees to maintain good working and health conditions in the contract wageemployees working areas, except where it includes extra pay attributable at all times, b) The Employer agrees to years of service, special competence or special consideration beyond job requirementshave a monthly meeting with the permanent employees to discuss working and health conditions. 2. The Superintendent c) Employees shall not be asked nor required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any ▇▇▇▇▇▇ work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief personal work for which the Superintendent’s additional compensation distinguishes such employee from other classes Representatives of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by d) Changes/renovations: Where the Employer plans renovations or alterations to the work area of its normal management prerogatives an employee, the Employer agrees to make take the employees into consideration and discuss such plan and changes in prior to such alterations or renovations taking place. e) Technological updating: Where new or additional computer equipment, schedulesor programs are to be operated, shiftsthe Employer agrees to train employees for such equipment or programs and to give the employees sufficient notice that they would be required to undertake the training, number and: i) Allow employees the necessary time required to complete such course(s). ii) To maintain an employee's wages and benefits during the period of employees training, to pay for all direct costs incurred for such training, i.e., tuition fees, books and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementnecessary material required for training. 9. Wherever iii) In the event that the employee is unable to meet a conflict reasonable standard of proficiency after the initial training, they will be entitled to take the course(s) a second time. iv) If the employee is still unable to reach a reasonable standard of proficiency the Employer may exist between replace such employee by hiring a new employee who has the 2016 Commercial Building Agreement skills, competency and terms of this article, efficiency to perform these duties. v) If an employee has to be replaced under the terms of Article 9(e) the Employer will pay the replaced employee two (2) weeks wages at the basic hourly wage rate for each year of service. f) Employees have the right to refuse any unsafe work: i) Employees will report the unsafe condition to the immediate Office Supervisor, ii) If unresolved, the Unifor Local 2301 H&S Rep will be required to determine the validity of the refusal and recommend solutions, iii) If unresolved after this article shall prevailprocess, the Industrial Health & Safety Regulations will take effect.

Appears in 1 contract

Sources: Collective Agreement