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2011-2013 DEQ/AFSCME 3336 Contract Amendments

2011-2013 DEQ/AFSCME 3336 Contract Amendments. December 11, 2011 Steward Training. Meeting Objectives. To provide clear understanding of the intent and application of contract changes Cover both Agency Table and Central Table amendments to the contract. AFSCME Bill Brown Regina Cutler

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2011-2013 DEQ/AFSCME 3336 Contract Amendments

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  1. 2011-2013 DEQ/AFSCME 3336Contract Amendments December 11, 2011 Steward Training

  2. Meeting Objectives • To provide clear understanding of the intent and application of contract changes • Cover both Agency Table and Central Table amendments to the contract DEQ '11-'13 Contract Amendments

  3. AFSCME Bill Brown Regina Cutler Dana Huddleston Bruce Scherzinger Barbara Shaver Issa Simpson, Council 75 Representative State/DEQ Laurie Grenya Kerri Nelson Susan Payseno Gerry Preston Wendy Wiles Art McCurdy, DAS Labor Relations Unit Bargaining Team Acknowledgement DEQ '11-'13 Contract Amendments

  4. Bargaining Basics • Central Table • Statewide Issues • Health Benefits • Mandatory Unpaid Time Off • Salary • Classification Changes • Local Table • Agency-specific (working conditions and contract implementation) • Layoff Provisions • Personnel Records • Health and Safety DEQ '11-'13 Contract Amendments

  5. Changes to our Contract Housekeeping-limited/no presentation Substantive Letters of Agreement (LOA) DEQ-specific Statewide What We Will Cover DEQ '11-'13 Contract Amendments

  6. Section 6 Increased time for union orientation from 20 to 30 minutes Section 7 (a) For multi-story buildings one bulletin board will be available on each floor occupied by DEQ. Article 3—Union Rights DEQ '11-'13 Contract Amendments

  7. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments Section 7 b Provides for Union use of Agency’s e-mail system within stated agreements: • Who can use? • Officers • Stewards • Members of Agency sanctioned committees such as Labor Management and Wellness

  8. Article 3-Union Rights (continued) E-mail use DEQ '11-'13 Contract Amendments • For what purpose? Internal union business as well as the current uses. • What parameters? All staff e-mails must contain within the subject line “Union Business, Recipients of e-mails should not use the “reply all” function

  9. Article 3-Union Rights (continued)E-mail use DEQ '11-'13 Contract Amendments • Comply with Agency e-mail policy • Agency will not incur costs as a result of this use • Does not hinder or adversely affect the Agency’s system • Shall not contain offensive communications

  10. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments • Limit of 3 pages • No anti or pro messages for political candidates, ballot measures, bills or laws • No initiation of contractually prohibited activities (strike, work stoppage, etc.) • No attachments or embedded graphics

  11. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments • Clarifies that the Agency’s e-mail system is public and the Agency may monitor e-mail use at any time including those concerning union business

  12. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments • Union bargaining team members may also communicate regarding negotiations using Agency e-mail • Employees may forward union e-mails to their home computers • The Agency will be held harmless in any adverse action involving the Union’s use of the e-mail system

  13. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments Section 8-Reports • Agency will provide the Union with names of employees who retired and those that have been reclassified in the previous month

  14. Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments Section 11 • Agency will provide 10 days notice if moving a filled position out of the bargaining unit. The Agency does not take action within the 10 day period Section 12 • Stewards will use phone and e-mail for communication when they work at different duty station than grievant when practical

  15. Section 3 A regular status employee who accepts a limited duration appointment will receive the following information Step placement Effect on salary eligibility date when moving back to a permanent position Article 10-Limited Duration DEQ '11-'13 Contract Amendments

  16. Article 10-Limited Duration (continued) Section 4 • Modified the criteria for use of LD positions to read-if funding for the position is uncertain beyond the end of the current biennium • If funding is restored for a permanent position in which an LD appointment was made, the Agency may open a recruitment or offer the position to the LD appointee. • If the LD incumbent applies for the position they will be offered an interview DEQ '11-'13 Contract Amendments

  17. Article 13-Grievance Procedure DEQ '11-'13 Contract Amendments Section 2 • Added language to include informal, non-binding mediation as a tool to resolve problems and/or differences

  18. Section 1 Information in a manager’s working file that is past the retention schedule shall not be used in a disciplinary action. Article 15-Personnel Records DEQ '11-'13 Contract Amendments

  19. Article 17-Trial Service DEQ '11-'13 Contract Amendments Section 1 a In most cases employees are required to serve a 6 month probationary period in new positions. • Employees having served at least 2 years in the same classification and promoted within the same work unit under the same supervisor. We agreed to remove “under the same supervisor” from this provision.

  20. Section 10 Changes to this section were extensive and provided language addressing both internal and external (arbitration) processes These processes include resolution of disputes regarding employee requested reclassifications and Agency initiated reclassifications where the employee and Union disagree with the Agency’s actions Article 18—Classification and Classification Changes DEQ '11-'13 Contract Amendments

  21. DEQ '11-'13 Contract Amendments

  22. DEQ '11-'13 Contract Amendments

  23. DEQ '11-'13 Contract Amendments

  24. Article 19-Contracting Out DEQ '11-'13 Contract Amendments Section 6-Review of Contracted Work • New language allows for the Union to view state contracts deemed public records • Union may submit suggestions regarding how bargaining unit members can perform the work more efficiently and effectively

  25. Article 20—Layoff DEQ '11-'13 Contract Amendments Section 5- Extended the LOA on full time/part time layoff election options and added clarification for implementation • Full time and part time status are determined by budgeted FTE-regardless of scheduled hours • An employee’s current status will be considered as the first option in placement decisions. If there is no suitable position available (in their current FTE status) they may be placed in alternate status position if they have elected to do so.

  26. Extended LOA-Sunsets June 30, 2013 Previous contract LOA extended recall right from 2 years to 3 years Contract timelines not extended, except: Seniority Calculation—seniority adjusted for break in service up to the 3 years. Salary on return—same salary step as the time of layoff. RSD—adjusted by amount of break & vacation accrual resumes at the rate at time of layoff. SED—adjusted by amount of break in service. LOA Article 20—Duration of Layoff ListsAgency and Secondary Recall Lists DEQ '11-'13 Contract Amendments

  27. Modification Section 1 The Health and Safety Manager will review Health and Safety Policies annually with the Central Safety Committee Section 9 Upon request by the PSRs their manager will attach a copy of the PSR roles and responsibilities to their work agreement Article 22-Health and Safety DEQ '11-'13 Contract Amendments

  28. Article 22- Health and Safety (continued) DEQ '11-'13 Contract Amendments Section 13 • An annual report of the Agency’s wellness expenditures shall be provided to the Labor Management Committee

  29. Article 22- Health and Safety (continued) Letter of Intent • The Agency will provide Job Hazard Assessments for hazardous waste inspectors and complaint responders by January 1, 2013 DEQ '11-'13 Contract Amendments

  30. Article 22- Health and Safety (continued) Letter of Intent • Agreed to refer discussions regarding workload to the Labor Management Committee. • Data from the 2011 Manager 360 review will be shared with the committee to identify areas for improve workload balance between employees and managers DEQ '11-'13 Contract Amendments

  31. Section 5 Specified the days when the additional 8 hours leave (“Governor’s Leave”) for VET’s I & II in Clean Air Stations is taken Article 28—Holidays DEQ '11-'13 Contract Amendments

  32. Article 31-Other Leaves Hardship Leave-Section 1 (g)(2) • Deleted reference to prudent planning to avoid need for hardship leave. Bereavement Leave-Section 1 (h) • Provides for use of an additional 8 hours of bereavement leave for aunts, uncles, nieces and nephews in addition to the 24 hours allowed for family members defined as immediate family DEQ '11-'13 Contract Amendments

  33. Article 32-Position Descriptions/Work Agreements • Each time the position description is updated, the employee will have up to ten (10) calendar days to review the position description prior to signing. DEQ '11-'13 Contract Amendments

  34. Article 34-Salary Administration Deleted 2009-2011 LOA on step freezes and replaced with a new LOA providing: • No step increases given until July 1, 2012 • Effective July 1, 2012 eligible employees will receive one half of step on SED and will receive the remainder of the step six months after SED • For employees with SED of January 2013 through June 2013 the second of the step will be given at 11:59 on June 30, 2013 DEQ '11-'13 Contract Amendments

  35. Article 46-Salaries • Effective December 1, 2011 salary rates will be increased by 1.5% to be paid January 1, 2012. • Effective December 1, 2012 salary rates will be increased by 1.45% to be paid January 1, 2013. DEQ '11-'13 Contract Amendments

  36. Article 51-Successor Negotiations • Union bargaining team members will be granted a total of 135 hours of paid time for bargaining activities during work hours • To be used for negotiations, caucuses and travel DEQ '11-'13 Contract Amendments

  37. Letters of Agreement (LOA)—Mandatory Unpaid Furlough Time Off (MUTO) • Effective with first MUTO day on August 19, 2011 • LOA takes precedence over any conflicting CBA provisions • Number of unpaid time is based on base rate of pay: • $2450 and below 10 days (80 hours) • $2451 to $3100 12 days (96 hours) • $3101 and above 14 days (112 hours) DEQ '11-'13 Contract Amendments

  38. LOA-MUTOs (continued) 10 specific fixed closure days • Friday August 19, 2011 • Friday November 25, 2011 • Friday March 23, 2012 • Friday May 25, 2012 • Friday August 17, 2012 • Friday October 19, 2012 • Friday November 23, 2012 • Friday January 18, 2013 • Friday April 19, 2013 • Friday May 24, 2013 DEQ '11-'13 Contract Amendments

  39. LOA-MUTOs (continued) • Obligation may be reduced based on: • Employee return from absence after fixed closures-if an employee is on authorized leave when a scheduled MUTO day occurs the scheduled MUTO will count to reduce the obligation. • Employee return from protected leave status DEQ '11-'13 Contract Amendments

  40. LOA-MUTOs (continued) • The mandatory unpaid time off obligation will not change as a result of salary changes based on promotion, demotions, reclassification, step increases or COLA. DEQ '11-'13 Contract Amendments

  41. LOA-MUTOs (continued) • Prorate for less than full time based on employee’s regularly scheduled hours (See formula in LOA) • Prorate seasonal employees based on number of scheduled hours during the months employed (See formula in LOA) • Un-schedule Temporary employees DEQ '11-'13 Contract Amendments

  42. LOA-MUTOs (continued) • Mandatory unpaid time off does not impact sick, vacation, personal leaves, holiday pay computation or insurance contribution • Mandatory unpaid time does not count as break in service for employees’ seniority or adjustments to salary eligibility dates DEQ '11-'13 Contract Amendments

  43. LOA-MUTOs (continued) • No penalty payment or OT for adjustments to employees’ schedules not to exceed a 40 hour workweek (including the MUTO hours) DEQ '11-'13 Contract Amendments

  44. LOA-MUTOs (continued) Minimum billable hours adjustment-In previous contract as well. We add this as a reminder. • For DEQ employees with minimum billable hours, requirements will be prorated per Agency practice • Employees with billable targets based on percentages required will have billable hours prorated per Agency practice DEQ '11-'13 Contract Amendments

  45. LOA-MUTOs (continued) • If the employee fails to schedule and take the mandatory time off by March 31, 2013, management will schedule the employee to take the required time by May 31, 2013. All furloughs will be taken by May 31, 2013. DEQ '11-'13 Contract Amendments

  46. LOA-MUTOs (continued) • In the event that an employee has any mandatory unpaid time off obligation remaining after May 31, 2013, the employee’s July 1, 2013 paycheck for the June 2013 pay period will be reduced by the equivalent amount for the remaining mandatory unpaid time off days. DEQ '11-'13 Contract Amendments

  47. LOA-MUTOs (continued) • Employees are not eligible for unemployment benefits as a result of the mandatory unpaid time off. If unemployment benefits are paid, the equivalent amount will be deducted from the employee’s pay. DEQ '11-'13 Contract Amendments

  48. LOA-MUTOs (continued) • Employees may request to take no more than two mandatory unpaid time-off days in the same workweek. DEQ '11-'13 Contract Amendments

  49. LOA—MUTOs (continued) Floating MUTOs • Previously scheduled and approved vacations take precedence over subsequent unpaid days off requests. • However, scheduling of mandatory unpaid time off trumps short term vacation or comp time requests. • If an employee used seniority to bump for pre-approved vacation, then can’t use to substitute mandatory unpaid time off day for the approved vacation day(s) DEQ '11-'13 Contract Amendments

  50. LOA-MUTOs (continued) • Floating mandatory unpaid days will be requested following the agency procedures for requesting paid time off. • Where there is a conflict in requesting days off the person who made the first request will be granted the requested days off. For simultaneous requests for mandatory unpaid days off and vacation requests for more than 1 day, vacation requests will be processed prior to requests for mandatory unpaid time off. DEQ '11-'13 Contract Amendments

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