SECURITY POLICE OFFICERS ASSOCIATION

 

 

 

 

SPOA CONTRACT 2004 TO 2008

 

 

 

 

CONTRACT CHEAT SHEET

 

 

 

 

 

 

IMPLEMENTATION JAN 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-CREATED ON 01-19-2005

-REGARDING CONTRACT EFFECTIVE RETROACTIVELY OCT 2004

 

-RETROACTIVE ENFORCEMENT IS REGULATED TO BASE WAGES

-ALL OTHER ENFORCEMENT IS BASED ON IMPLEMENTATION OF CONTRACT

 

 

 

 

Charles R. Quinones

SPOA PRESIDENT


 

Article 1:  Agreement

 

Agreement entered into retroactively 1 OCT 2004

Employer recognizes the SPOA as the sole exclusive bargaining unit in Case SFR-724-H

 

Article 2:  Access

 

SPOA representatives shall be allowed access upon no less than 24 hours notice

Notification to the Laboratory can be either PFD or Staff Relations

 

Any materials posted on bulletin boards must be dated and initialed by Association representative

Nothing libelous, obscene, defamatory or partisan political in nature shall be posted

In the event of a dispute the Lab will notify a member of the SPOA before removal of the item

Bulletin board space shall be maintained by the President of the Association

Bulletin boards shall be available at Site 300, Livermore sqd. Room, 332 break room, & training room 175

 

The Laboratory shall notify the SPOA about new hire training

The SPOA shall be allowed to meet with new employees after the end of training

 

Mailing by the SPOA shall be limited to the main Livermore Site

Where individual mail boxes exist the SPOA may use such boxes

The SPOA will be resonsible for clearing and disposing of SPOA material

 

Necessary personal telephone calls from Lab extensions are permitted, but kept to a minimum

Employees or the SPOA may not charge personal calls to the Lab

 

The SPOA may use Lab facilities subject to the operating needs of the Lab

 

The Lab shall prepare the official version of the contract

The Lab shall elect to print and distribute copies of this contract

The lab shall identify locations where copies of the contract are located

 

Article 3:  Payroll Deduction

 

Upon voluntary written individual authorization form signed by an employee will the deduction begin

Deduction can be established by the SPOA or up to 1.5% of day shift monthly salary

SPOA may change the dues amount once per calendar year

It shall be the SPOA’s responsibility to notify all affected employees of the dues change

SPOA unit members can only withdraw from the SPOA during the period commencing 60 calendar days prior

 to the expiration of agreement

The Lab shall issue to the SPOA an amount representing the collected dues into the SPOA account

The Lab shall charge the SPOA $.07 for every check remitted, which is deducted from the dues

 

Article 4:  Non Discrimination in Employment

 

This shall apply to all employees covered by this agreement

Complaints regarding discrimination are reviewable as grievances to Step 3, only if there is a violation of

another article along with the allegations of discrimination

 


 

 

Article 5:  Management Rights

 

Rights that are not clearly expressed in the contract remain vested with the employer

The SPOA agrees that the employer is not obligated to bargain regarding areas as outlined in 1 through 18

            of this article of the contract

The rights as outlined in 1 through 18 are not inclusive and does not exclude un-specified management rights

Any decision falling under one of these 18 categories that affect the terms and conditions of the contract and/or

 conditions of employment, the employer agrees that it has the obligation to bargain about those effects

The employer shall give reasonable notice prior to implementing any changes, at least 45 days from

anticipated implementation date. (See Timeline of Effects Bargaining)

 

TIMELINE OF OBLIGATION TO BARGAIN ABOUT EFFECTS

 

1.      Issue prior notification of any decisions regarding changes to one of the 18 management rights that affect the conditions of employment for bargaining unit members

2.      Prior notification should be at least 45 days prior to the anticipated implementation.

3.      SPOA should request to meet and confer within 5 working days of notification.

4.      Employer shall be obligated to meet and confer on no more than 5 occasions within the 45 days.

5.      Any delay by the employer shall extend the 45 day period.

6.      Requests for information shall be fulfilled within 5 days, any delay would extend the 45 days

7.      If SPOA or Employer fail to agree on a resolution concerning the effects bargaining, the Employer

shall implement the noticed changes.

8.      Any breech of these provisions are subject to the arbitration procedure

 

Notification = At least 45 days prior to implementation

Meet and confer = Request within 5 days of notification

Meetings = No more than 5 meetings within 45 day period

Delays by Employer = Extends the 45 days, number of days of employer delay

Completion = Implementation of changes after 45 days or period of extension

 

Article 6:  Grievance Procedure

 

No employee shall be subject to reprisal for using the grievance procedure

The Employer encourages employees to discuss any issues which may become a grievance with

            their immediate supervisor

The grievance procedure is exclusive of the SPOA and will be used to interpret this agreement

Settlements made at previous steps cannot be introduced as evidence in later Steps

Retroactive settlements cannot be applied more than 30 days prior to initial grievance date

A grievance is a written complaint by individual, group of individuals or by the SPOA

Only 1 subject matter can be covered by a grievance

Grievance must state clear statement of issue, relief sought, date of incident, and specific area of contract

Group grievances are those that involve more than 1 employee and similar issues of complaint

Group grievances must be stated so on the grievance form at Step 1

Association grievances must be stated so on the grievance form at Step 1

Withdrawing of a grievance shall be in writing to the Staff Relations office

Consolidating individual grievances can be mutually agreed upon by both parties

Form must be signed by grievant or SPOA representative

 

An employee or group can be represented by 1 individual of his/her choosing

A supervisor, confidential employee or managerial employee cannot represent a grievant/s


 

Representatives shall be released with pay for specified authorized activities related to the grievance process

            for one on one meetings with grievant, and meetings with Employer representatives

Pay for release time shall not be more than 8 hours per month for SPOA representatives

Pay time for SPOA representatives can be only used for representation issues

 

The SPOA shall not use employer property or equipment as a matter of convenience

The SPOA representative’s immediate supervisor may authorize the use of equipment for representation

            issues as operational needs make them available

 

Representational meetings should take place during break/meal periods

Meetings may occur during work time with prior approval of the immediate supervisor

 

If any grievance is not appealed to the next Step will be resolved based on the last Employer’s answer

If during any Step the Employer does not respond, the SPOA may give written notice to the Employer

within 15 days in which the grievance will be automatically appealed to the next Step

Both parties may mutually agree to extend the time limits during any Step of the grievance process

 

An employee who is represented by themselves or by someone other than an SPOA representative

and a resolution is agreed upon, the resolution shall not be inconsistent with the contract, the SPOA shall receive a copy of the grievance and resolution if one is found, and the Employer shall not implement the proposed resolution of the grievance until timely receipt of the SPOA’s written comments

 

Each Step or timeline of the grievance process may be waived by mutual agreement

Any waivers must be in writing and signed by the previous Steps representative

Time limits of the Step procedure begins on the date the grievance was received by the Employer

Resolutions of potential grievances prior to arbitration are not precedent setting

 

STEP 1

Date of incident or reasonable knowledge of situation (Griev Date) “G” Day

Grievance must be submitted to Staff Relations no later than 30 working days from Griev Date (G Day +30)

The immediate supervisor will issue a response within 15 working days of receipt

 

STEP 2

An appeal to Step 2 will be initiated by filing within 15 calendar days of receiving the immediate supervisor’s

response from Step 1

Within 10 calendar days after the written appeal the Division leader shall schedule and complete a meeting

with grievant and representation if requested

At this meeting the grievant shall present all evidence and information relevant to their grievance known at

            the time of this meeting

Division leader shall issue a written response within 15 calendar days following the Step 2 meeting

The SPOA may directly appeal this grievance to arbitration

 

STEP 3

An appeal to Step 3 will be initiated by filling within 15 calendar days of receiving the Division leaders written

            response from Step 2

Appeal shall detail the position, facts, and provisions of the agreement in support of their position

Within 10 working days the Department Manager and Representative of Staff Relations shall meet with the

President of the Association to resolve the issue

Department manager shall issue a written response 45 working days from the receipt of the appeal to Step 3

 

POST STEP PROCEDURE

 

If a resolution is not reached only the SPOA shall have the right to submit a grievance to arbitration

The resolution as proposed by the employer and basis of the dispute shall be subject to the arbitration process

 

GRIEVANCE OUTLINE

 

PROCEDURAL GRIEVANCE: Grievance based on the procedures or process of administrating a complaint

 

SUBSTANTIVE GRIEVANCE: Grievance based on the actual violations of the contract

 

 

Article 7:  Arbitration Procedure

 

The SPOA has the only right to submit a grievance to arbitration

An appeal to arbitration must be received by Staff Relations within 20 calendars days after receipt of the

Department managers response from Step 3

The appeal must be signed by the President of the Association

If a grievance is not appealed to arbitration the Department Managers Step 3 response shall become final

 

PRE ARBITRATION PROCESS

 

Grievance set for arbitration may be presented at a mediation conference prior to arbitratioin

Mediation conferences can be requested by the Laboratory or the SPOA

Rules of evidence shall not apply

No record of the mediation shall be taken

Any mediator shall have 30 calendar days in which to attempt resolve the grievance

Mediator has no authority to effect a resolution

If resolution occurs, only the signed agreement shall be the only written record of the mediation

The agreement shall not set precedent unless otherwise stated in the mediation agreement

The mediator has the authority to extend the 30 calendar days, he must inform both parties in writing

Nothing in mediation can be used in arbitration if a grievance should move forward

 

ARBITRATION

 

The decision shall be final and binding upon both parties

The scope of the arbitration shall be entirely restricted to the matter which was the subject of Step 2 and 3

The scope can be modified by mutual agreement of both parties

The decision is restricted to whether there is a violation of the contract

 

The arbitrator in finding a violation, cannot amend, nullify or ignore the contract

The arbitrator cannot award something that was not obtained in the negotiation process

 

A separate arbitrator will be appointed for each grievance

When an ability to appeal a grievance to arbitration (arbitrability) is an issue a separate arbitrator shall be

assigned to determine the if the subject matter is fit for arbitration

A settlement or resolution can occur at any time prior to the rendering of a decision from the arbitrator

The SPOA has the full authority to settle, withdraw, or dispose of a grievance appealed to arbitration on behalf

            of the SPOA or an employee

Any settlement offer cannot be referred to by either party during the arbitration

 

An arbitration shall be scheduled 180 calendar days from the date the grievance originally appealed at Step 3

The parties can mutually agree to extend the 180 calendar days

The final authority to schedule a hearing date rests with the arbitrator

14 calendar days prior to the arbitration each party shall provide relevant information to opposing party


 

The arbitrator shall consider evidence and render a written decision within 30 calendar days after receipt of

briefs or closing arguments

By mutual agreement the 30 calendar can be extended

 

The selection of an arbitrator is made by each party striking unwanted names until one remains

The arbitrator has the authority to issue subpoenas

Arbitration hearings are closed unless the parties agree otherwise

The SPOA shall have the burden of proof

The cost of the arbitration shall be paid by the losing party, unless a compromise decision is found, at which

time both parties will share the costs

Employees who are called as witness during shift will be paid

Employees who appear off shift will be at their own expense

 

Article 8:  Discipline and Dismissal

 

The Employer has the authority to discipline employees

Investigatory leave is with full pay and designated for serious miscounduct

An employee can be placed on Investigatory leave without prior written warning or approval by a supervisor

Investigatory leave shall not exceed 15 days, unless extended by specific needs, for another 15 calendar days

 

Upon completion the Employer shall inform the employee in writing of the results of the investigation

No discipline can take place until the employee responds to the notice of intent

Discipline cannot be issued less than10 calendar days from the date of the notice of intent

 

Notice of intents must be given to an employee if one is to be dismissed, demoted, suspended or decreased

            in salary by person or by mail

The notice of intent shall inform the employee of the disciplinary action to be taken

The notice shall inform the employee the effective date of the discipline

Inform the employee the he/she has a right to respond orally or in writing

The notice shall contain all materials upon which the charge is based

A copy of the notice  of intent will be sent to the SPOA

 

The employee shall be entitled to respond

After an employee’s timely response, the Laboratory shall notify the employee of action to be taken

Any action taken cannot be more severe than the disciplined described in the notice of intent

 

Employee may appeal final discipline action by filing a grievance according to Article 6

Written warnings are only appealable to Step 3 of the grievance procedure

 

TIMELINE FOR DISCIPLINE

 

Incident or Issue for discipline = Investigation or no investigation

Placed on investigatory leave = 15 calendar days

Investigatory leave extension = additional 15 calendar days

Notice of intent = Completion of investigation

Implementation of discipline = no less than 10 days from Notice of intent

 

Article 9:  QUALIFICATIONS FOR EMPLOYMENT AND CONDITIONS FOR CONTINUED EMPLOYMENT

 

The employer makes a determination for qualifications of employment

10 CFR 1046 and other applicable DOE are directives will be the guideline

Employees who fail to meet DOE standards may be terminated unless waived by DOE physician

Termination or discipline for failure to meet DOE standards are subject to grievance and arbitration procedures

 

Employees are required to qualify with department weapons

Employees can be reassigned to full time SO or SPO II positions if he/she fails to qualify

Employees can be terminated if he/she fails to qualify

Employees who are exhausting all efforts to qualify shall be paid at his/her regular rate

In between re-qualifications the employee will work their normal shifts in a capable capacity

 

Employees have a responsibility to maintain a Ca. Drivers License

Employee must notify the department within 24 hours of losing driving privileges

The employee may be reassigned to duties that will allow him/her to work without driving

Employees have 120 calendar days to have their driving license reinstated

After 120 days the employer can extend the timeline

After 120 days the employer can terminate the employee

 

All employees will have a telephone

Employees without a traditional phone may make arrangements with the employer

The SPOA will be informed if a lack of a phone is unacceptable

A time limit for procurrring a phone will be determined by the employer

 

 

Employees shall obtain a clearance in a reasonable time

Employees who have their clearance suspended shall be reassigned to a full time position where they can

reasonably perform duties without a particular clearance

Employees will be paid at a regular rate for 210 calendar days

After 210 days the employee shall be compensated at the bottom step of their classification

The 210 days may be extended by the employer

If there are no full time positions that can be performed by the employee, without a clearance, the employee

will be placed on unpaid leave until he/she has exhausted DOE appeal rights

If employee files a timely request the employee shall remain in the current position until the employee receives

the Hearing Officer’s recommendation

If the employee does not file a timely appeal the employee shall have 60 calendar days to find a another job or

be terminated

 

Article 10:  Probationary Period

 

Probationary period shall last 9  continuous months

Time that would equal less than full pay is not time that qualifys as “continuous”

Probationary employees may be released without cause

The probationary period may be extended up to 9 months

Employees will be notified at least 7 calendar days prior to the effective date of extension

Employees must be informed and be given the reason for the extension

Employees who complete the probationary period will automatically become regular employees

Employees released on probation have no grievance or arbitration rights

Employees moving to SPO II positions from SO shall serve a 60 calendar day trail period

Employees who fail to meet SRT requirements while trying to move to the SPO III position will be returned to

his /her former position wihout a loss of seniority, if a position is still available

If position is no longer available the employee will have 90 calendar to secure another job

 

Whether a former position is still available is not subject to grievance and arbitration procedures

Termination for failing to meet requirements of trial period are subject to grievance and arbitration procedures


 

Article 11:  Performance Evaluations

 

Employees will be evaluated at least once a year

Marginal or unsatisfactory ratings will be reviewed by Department Manager/Division Leader

The employee shall be given another evaluation in 6 months after marginal rating

Employees who fail to improve may be given a written warning and given 60 calendar days to improve

After 60 days without improvement, the employee may be dismissed

Disputes regarding performance evaluations are reviewable to Step 3 of the grievance procedure

 

Article 12:  Hours of Work

 

Standard work week consists of 7 consecutive days

There are three work schedules: 8 hour, 10 hour, and 12 hour

Advance notice of the changes will be given to the SPOA unless conditions exist that would interfere

The employer will meet and consult regarding the anticipated changes

The SPOA must request to meet and confer on the effects of the decision

 

The employer shall provide at least 8 hours time off between shifts

Employees may request a delay of their next shift if needed

 

Consecutive days of work may be waived by the employeee

Consecutive days of work can be waived by the employer for reasons affecting national security/emergency

 

Employees will be paid overtime for all hours over 56 within the same 7 day work week, while on 8 hour shifts

Employees will be paid overtime for all hours over 60 within the same 7 day work week, while on 10 hour shifts

Employees will be paid overtime for all hours over 60 within the same 7 day work week, while on 12 hour shifts

The SPOA can request expedited arbitration if it contests the condition of national security/emergency

 

Article 13:  LAYOFFS AND REDUCTION IN TIME

 

The employer shall determine layoffs

Layoffs or reduction in time shall be based on seniority

Exceptions to seniority may be made for employees who possess special skills and knowledge

Any disputes shall be subject to the grievance and arbitration procedure

 

Article 14:  FORFEITURE OF EMPLOYMENT RIGHTS AND TERMINATION

 

Employees forfeit right to continued employment after a resignation

Employees forfeit right to continued employment after a being laid off more than 6 consecutive months

Employees forfeit right to continued employment after failing to return to work after layoff or written leave

Employees forfeit right to continued employment after being absent for 5 consecutive scheduled days without

approval from the employer

Employees forfeit right to continued employment after giving false reason for absence

 

Article 15:  SENIORITY

 

Defined as length of service

Employees hired after April 1 1996, seniority will be based on the lowest last 4 digits

Employees hired before April 1 1996, seniority will be based on the date of the first interview

SO’s who are hired as SPO’s, the date of seniority will be the date of hire at the new classification

 


 

 

Article 16:  SHIFT ASSIGNMENTS

 

Shift assignments are based on seniority

Shift transfers will be made in spring of each year

During probationary period, new employees will be assigned to a shift by the employer

 

Article 17:  WORK RULES

 

Work rules are rules promulgated by the Employer

The employer may enforce these rules while the employee are on premises or outside working hours

Work rules shall not be construed as superceding the contract

 

Article 18:  ATTENDANCE STANDARDS

 

Employees may be disciplined for not meeting attendance standards

Employees may be placed on a last chance agreement

 

Article 19:  HEALTH AND SAFETY

 

All employees shall comply with reasonable safety rules

Each year no later than Jan 31 the employer shall serve the SPOA a listing of contact info for worn items

 

Article 20:  BENEFITS

 

Benefits apply to bargaining unit members as they apply to all other university employees

Any specific changes for the bargaining unit, the employer agrees to meet and confer with the change

 

 

Article 21:  HOLIDAYS

 

For each holiday employees will receive 8 hours of holiday pay at the regular rate

Holidays shall be the same as those offered to non-represented employees

To receive holiday pay employees must work their last regularly scheduled workday, not calling in sick

Employees who work on a designated holiday will be paid time and a half for all hours worked on that day

Holiday time will be counted as time worked for determining eligibility for overtime

Voting time, Lab health checks, blood donations, search and rescue work, and work related travel will

            be treated as time worked for eligibility for overtime

 

Article 22:  VACATION/SICK LEAVE

 

Vacation and sick leave benefits will be the same as other non represented lab employees

Vacation assigning will be at the discretion of the Employer

 

Employees may be required to submit satisfactory proof of illness

 

Article 23:  LEAVE OF ABSENCES

 

This is defined as approved time of with or without pay

Berevement leave may be approved for up to 3 days at straight time excluding shift premium

Immediate family shall be spouse, children, parents, and siblings


 

 

Subpoena or jury service as directed by a proper authority will be at straight time pay including shift differential

The employee must provide evidence showing the dates and hours served

 

An employee may be granted a leave of absence without pay for up to 6 months

Personal leaves are not intended to be used as a vacation

Employees failing to return from leave can be terminated

 

Employees may use sick leave and vacation during times of work related illness

In order to use extended sick leave he/she must exhaust his/her sick leave

An employee will receive temporarily disability payments in the amount equal to the difference between

            Workers’ Compensation and 80% of the basic salary plus any shift differential

 

Employees on extended sick leave is considered on regular pay status for purposes of this contract

Employees on probation will not be considered on regular pay status during extended sick leave

 

Family Care Act placed in the documentation of Article 23

 

Article 24:  TEMPORARY/LIMITED DUTY

 

Temporary/ limited duty shall not exceed 6 months

The first 100 working days of a limited duty assignment shall be compensated at their regular rate of pay

After 100th day the employer may offer a continued modified duty position at a regular rate of pay

After 100th day the employer may offer disability benefits or disability retirement

Employees who do not accept any of the 2 options shall have 60 days to find another job or face medical

separation

Seniority and all other benefits shall continue for employees who accept light duty positions

 

Article 25:  DEVELOPMENT

 

Employees are entitled to the same educational benefits as non represented employees

 

Article 26:  UNIFORMS /FOOTWEAR

 

Employees shall wear the uniform and maintain an appearance as specified by the employer

Employer will furnish all uniforms it deems necessary

Employees will receive $30.00 a month for maintenance

Uniforms will be worn in accordance with safety principles and manufacturers recommendations

One pair of safety shoes will be provided per year

Employees will receive $ 75.00 to purchase athletic shoes to employees who complete 200 workouts

Employees will also receive $ 75.00 to purchase athletic shoes when deemed necessary Fitness Leader

 

Article 27:  TRAVEL REIMBURSEMENT

 

Employees receive the same benefits as non represented employees

 

Article 28:  WAGE INCREASES

 

Wage increases between each step equals 5%

Wage increases will occur on the anniversary date of the employee

The employer may start an employee above the starting rate

The employer can withold a wage increase due to job performance

Increases that are withheld are subject to the grievance and arbitration procedures

 

On October 1, 2004 all SPO’s will receive 8%, SO’s will receive 2%

Retroactive pay will be paid for all hours worked after October 1, 2004 for wages only

On October 1, 2005 all SPO’s will receive 5%, SO’s will receive 2%

On October 1, 2006 all SPO’s will receive 4%, SO’s will receive 2%

On October 1, 2007 all SPO’s will receive 3%, SO’s will receive 2%

 

Article 29:  PREMIUM PAY

 

Shift premiums of 7% and 15% will be paid for hours worked on respective times

All hours worked shall be considered on the shift in which the employee started

When working on 2 shifts the shift that the employee worked the most hours will be the rate that he/she is paid

Employees working at Site 300 will get $5.00 per shift

Employees will be given a minimum of 3 hours of regular rate pay if called to work and no work is available

SRT employees will receive $2.00 per hour worked after October 1, 2004

SRT employees will receive $3.00 per hour worked after October 1, 2005

The SRT premium pay earned will be considered base-building for retirement calculation purposes

SRT premium pay will receive SRT pay regardless of clearance status at the end of 6 months from hire date

Officers prior to January 26, 2005 who were not receiving SRT pay will receive it after this date regardless of their clearance status, so long as they have fulfilled the 6 month requirement

FTO employees will receive $2.00 per hour worked after implementation of contract

The FTO premium pay earned will be considered base-building for retirement calculation purposes

 

Article 30:  OVERTIME

 

Employees will receive wages at one and one half time their regular rate of pay for all hours worked over 40

hours in any given workweek

Employees will receive one and one half time their regular rate for all hours worked after 12 hours in a workday

Employer shall decide when overtime is needed and which employees will be assigned

Employees who sign up for overtime, but fails to work such overtime the employee may be disqualified from

signing up for overtime for a period of 3 months

Employees will be paid overtime for their workout regardless of hours worked in the week

Employees are allowed to complete 3 paid workout per work week

 

Article 31:  MEAL PERIODS AND ALLOWANCE

 

Employees will be given a 30 minute meal period

During continuous operations the Employer agrees to provide a 30 minute paid meal period

 

A meal allowance shall not be more than $10.00

Employees who work in excess of 2 hours of their assigned shift in a workday shall receive a meal chit

Employees who are notified 3 hours or less before a shift in which they are called in to work on shall receive a

meal allowance for that shift

Emergency meals must be consumed on site or at on site cafeterias

 

Article 32:  Rest Periods

 

Rest periods are not to exceed 15 minutes at least once for every 3 hours of work

Rest periods cannot be taken at the beginning or end of work shift

Rest periods cannot be saved to be used a later time

During critical situations rest breaks may not be granted when an uninterrupted presence is needed


 

Article 33:  CONTINUITY OF OPERATIONS

 

Both parties agree that there shall be no strikes, slowdowns, walkouts, refusal to work, sickouts, or refusal to

cross picket lines on Laboratory owned property

The SPOA agrees that they shall not in any way directly, indirectly or authorize, encourage or lend support in

any such activities

 

Article 34:  PERSONNEL FILES

 

Employees shall have the opportunity to review his/her personnel file

The employee must request this action and specific requests in writing

At the time of the request the supervisor shall inform the employee the location of the file

An SPOA representative may accompany an employee who is reviewing his/her file

The employee may authorize an SPOA representative to review the file in his/her behalf

Copies of letters and discipline, upon being placed in an employees file, will be provided to the employee

 

The employee can place written comments in his/her file, these comments have no authority in making the

Employer change or alter what is currently in the file

Actions other than criminal violations that are older than 2 years will be removed upon written request from

the employee or his/her designated representative

Removed items will not be used for subsequent disciplinary actions

Counseling memorandum are not considered disciplinary

Employees will not be entitled to confidential information related to pre-employment, transfers, or promotions

 

Article 35:  COOPERATION

 

Both parties agree that the use of committees can be used to achieve effective work practices

Both parties agree that they will work to curb unwarranted absenteeism

 

Article 36:  SAVINGS CLAUSE

 

Any part of this contract that is declared invalid, it does not invalidate the remaining of the contract

 

Article 37:  WAIVER

 

Each party had the unlimited right and opportunity to make demands and proposals at negotiations

Rights in the Laboratory’s Policy and Procedures Manual do not apply to bargaining unit employees unless

            otherwise stated in the contract

Each party is not obligated to have to bargain over what has been negotiated

 

 

DURATION OF AGREEMENT

 

Effective on (Retroactive) October 1, 2004

Contract expires on September 30, 2008

No later than May 1st 2008 the SPOA shall serve upon the Employer its written proposals for a

successor agreement

The Laboratory shall, not later than June 1, 2008, serve upon the SPOA its written proposal for a

successor agreement

 


 

SIDE LETTERS

 

Retirement Committee

            A committee will be established to review retirement related issues. The committee’s intent is to be completed in one year. The Laboratory agrees to pay for the short-term disability benefit for one year, for every employee. (March 1, 2005)

 

Hours of Work Re-opener

            The SPOA shall serve upon the Laboratory its written request to reopen Article 12.

 

Training Calendar

            The Laboratory will furnish the SPOA a forecasted 12 month training calendar that indicates months of required training.

 

Grandfather Clause

            Employees who are being currently paid at bottom step SO wages will begin receiving bottom step of the respective classification respective of Article 9 at the signing of the agreement.

 

Return to Work

            Employees will receive the same treatment under the Laboratory’s Return to Work Program

 

Discipline and Dismissal

            FTO’s will not be disciplined soely on the basis of the Officer in training’s inability to perform their duties.

 

Transition

            The Employer agrees to post opening for the number of positions that it can accommodate for SPO II wanting to transition to SPO III. Assignments of qualified employees will be based on seniority.

 

Waiting Time

            Time spent waiting for a medical exam or job related events scheduled by the employer is considered time work

 

Overtime Calculation

            If the Laboratory should change the overtime calculation form 40 hours in aweek to more than 8 hours in a day, this would change the SPOA contract Article 30.