AGREEMENT BETWEEN STATE OF ILLINOIS AMERICAN

[1}

AGREEMENT

For RC-06-OCB

RC-09-OCB

RC-10-OCB

RC-14-OCB

RC-28-OCB

RC-42-OCB

RC-62-OCB

RC-63-OCB

CU-500

BETWEEN

STATE OF ILLINOIS

Department of Central

Management Services

AND

AMERICAN FEDERATION

OF STATE, COUNTY AND

MUNICIPAL EMPLOYEES

COUNCIL 31 (AFSCME),

AFL-CIO

July 1, 2023 - June 30, 2027

TABLE OF CONTENTS

Article Title Page

PREAMBLE ..............................................................................1

AGREEMENT ..............................................................................1

DEFINITION OF TERMS ..................................................................2

I RECOGNITION ..............................................................................3

Section 1 Recognition ........................................................... 3

  Section 2 AbolitionorMergerofJobClassication ............3

Section 3 Integrity of the Bargaining Unit ...........................4

Section 4 Union Exclusivity .................................................4

Section 5 Employer Neutrality .............................................4

II MANAGEMENT RIGHTS ................................................................5

Section 1 Rights Residing in Management ........................... 5

Section 2 Statutory Obligations ............................................5

III NON-DISCRIMINATION .................................................................. 5

Section 1 Prohibition Against Discrimination ......................5

Section 2 Fostering Diversity and Equal Opportunity .......... 6

Section 3 Union Activity ......................................................6

Section 4 Membership Solicitation ....................................... 6

  Section 5 EqualEmployment/AfrmativeAction/

ADA/FMLA ..........................................................6

IV DUES DEDUCTIONS ........................................................................ 6

Section 1 Deductions ............................................................6

  Section 2 Indemnication .....................................................7

Section 3 Availability of Cards .............................................7

V GRIEVANCE PROCEDURE .............................................................8

Section 1 Grievance ..............................................................8

Section 2 Grievance Steps ....................................................9

Section 3 Time Limits ........................................................13

Section 4 Special Grievances/ Memorandum of

Understanding ..................................................... 14

Section 5 Number of Representatives and

Jurisdictions ........................................................14

Section 6 Time Off, Meeting Space and

Equipment Use ...................................................14

Section 7 Advanced Grievance Step Filing ........................15

Section 8 Pertinent Witnesses and Information ..................15

VI UNION RIGHTS ............................................................................16

Section 1 Union Activity During Working Hours ..............16

Section 2 Access to State Premises by Union

Representatives ...................................................17

Section 3 Time Off for Union Activities ............................17

Section 4 Union Bulletin Boards ........................................18

Section 5 Information Provided to Union ........................... 18

Section 6 Distribution of Union Literature .........................19

[i]

Section 7 Union Meetings on State Premises .....................19

Section 8 Rate of Pay ..........................................................20

Section 9 Stewards and Union Representatives .................20

Section 10 Union Orientation ...............................................20

VII LABOR/MANAGEMENT COMMITTEE MEETINGS .................21

VIII WORK RULES ............................................................................22

Section 1 Rules of Personal Conduct .................................22

Section 2 Procedural Work Rules .......................................22

  Section 3 StateOfcialsandEmployeesEthicsAct ..........22

IX DISCIPLINE ............................................................................22

  Section 1 Denition ............................................................22

Section 2 Manner of Discipline ..........................................23

Section 3 Suspension Pending Discharge ...........................23

Section 4 Pre-Disciplinary Meeting ...................................24

Section 5 Oral Reprimands ................................................. 25

  Section 6 NoticationandMeasureof

Disciplinary Action .............................................25

Section 7 Removal of Discipline ........................................27

Section 8 Polygraph ............................................................ 27

Section 9 Electronic Monitoring .........................................27

X VACATIONS ............................................................................27

Section 1 Amounts ..............................................................27

Section 2 Vacation Time .....................................................28

Section 3 Interrupted Service .............................................28

Section 4 Part-time and Intermittent Employees ................29

Section 5 Vacation Schedules .............................................29

Section 6 Vacation Schedules by Seniority ........................29

Section 7 Payment in Lieu of Vacation...............................30

Section 8 Payment on Death of Employee .........................31

Section 9 Disposition of Work During Vacation ................31

Section 10 Vacation Pay/Academic Year

Educators (RC-63) ..............................................31

XI HOLIDAYS ............................................................................32

Section 1 Amounts ..............................................................32

Section 2 Equivalent Time Off ...........................................32

Section 3 Cash Payment .....................................................32

Section 4 Advance Notice ..................................................33

Section 5 Holiday During Vacation ....................................33

Section 6 Eligibility ............................................................33

Section 7 Accumulated Holiday Scheduling ......................33

Section 8 Holiday Observance ...........................................34

Section 9 Payment Upon Separation ..................................34

Section 10 Holiday Pay/Academic Year Educators

(RC-63) ...............................................................34

Section 11 Holiday Work (RC-42 and Site

Technicians I and II) ...........................................34

[ii]

XII HOURS OF WORK AND OVERTIME ...........................................34

Section 1 General Provisions RC-6 ....................................34

Section 2 General Provisions RC-9 ....................................35

Section 3 General Provisions RC-14 ..................................36

Section 4 General Provisions RC-28

(Except Site Technicians I and II) ......................37

Section 5 General Provisions RC-42 and

Site Technicians I and II .....................................39

Section 6 General Provisions RC-10, RC-62

and RC-63 ........................................................... 41

Section 7 Hours of Work and Overtime -

Aircraft Pilots only (RC-62) ...............................44

Section 8 General Provisions CU-500 ................................ 45

Section 9 No Guarantee or Limitation ................................ 46

Section 10 Overtime Payments (All Units

except RC-I0) .....................................................47

Section 11 Inconvenience Pay for Work Beyond Five

Days on Day off Rotation Schedules .................. 48

Section 12 Rest Periods ........................................................48

Section 13 Flexible Hours ....................................................49

Section 14 Four Day Work Week .........................................49

Section 15 Intermittent Schedules ........................................49

Section 16 Compensatory Time (RC-6, 9, 14, 28,

42 and CU-500) ..................................................49

Section 17 Time Off .............................................................50

Section 18 Overtime Scheduling (RC-6, 9 and

CU-500) ..............................................................50

Section 19 Overtime Information Provided to

the Union ............................................................55

Section 20 Supplementary Agreements ................................55

Section 21 Roll-Call Pay ......................................................56

Section 22 Call-Back Pay .....................................................56

Section 23 Stand-By Pay ......................................................56

Section 24 Daylight Savings Time .......................................57

Section 25 Work-Related Travel ........................................... 57

XIII INSURANCE, PENSION, EMPLOYEE ASSISTANCE

AND INDEMNIFICATION .............................................................57

Section 1 Health Insurance .................................................57

Section 2 Managed Care Plans ...........................................57

Section 3 Employee Contributions .....................................58

Section 4 Pensions ..............................................................59

Section 5 Retiree Health Insurance ....................................60

Section 6 Employee Assistance Program ...........................60

  Section 7 Indemnication ...................................................61

XIV TEMPORARY ASSIGNMENT ........................................................62

Section 1 Temporary Assignment .......................................62

[iii]

Section 2 Payment ..............................................................62

Section 3 Time Limits ........................................................63

Section 4 Payments Due .....................................................63

Section 5 Detailing .............................................................63

Section 6 Return to Permanent Assignment .......................64

Section 7 Criteria for Promotion ........................................64

  Section 8 IndeniteAssignments .......................................65

  Section 9 UseofBenetTime(CU-500Only) ..................65

XV UPWARD MOBILITY PROGRAM.................................................65

Section 1 Goals and Priorities ............................................65

Section 2 Financing ............................................................66

Section 3 Courses of Instruction ......................................... 66

  Section 4 Certicates ..........................................................67

Section 5 Availability of Training.......................................67

Section 6 Impact on Bargaining Units ................................67

Section 7 Job Opportunity Information ..............................68

Section 8 Filling of Vacancies ............................................68

Section 9 Upward Mobility Program Policies ....................70

Section 10 Work Commitment .............................................70

Section 11 Retraining ...........................................................70

XVI DEMOTIONS ...................................................................................71

Section 1 DenitionandProcedure ....................................71

  Section 2 Notication .........................................................71

Section 3 Employee Obligations ........................................71

  Section 4 SalaryandOtherBenetsofEmployee .............72

Section 5 Status of Demoted Employees ............................ 72

XVII RECORDS AND FORMS ................................................................72

Section 1 Attendance Records ............................................72

Section 2 Records ...............................................................72

Section 3 Undated Forms ...................................................72

Section 4 Incomplete Forms ...............................................72

XVIII SENIORITY ............................................................................ 72

  Section 1 Denition ............................................................ 72

Section 2 Application ......................................................... 74

Section 3 Termination ......................................................... 75

Section 4 Re-Employment .................................................. 75

Section 5 Seniority of CETA Participants ..........................75

Section 6 Certain Seniority Dates ....................................... 75

Section 7 Seniority of AFSCME Represented

Employees Converted to State Employment ......76

XIX FILLING OF VACANCIES ..............................................................76

  Section 1 DenitionofaPermanentVacancy ....................76

Section 2 Posting ................................................................77

Section 3 Job Assignment ................................................... 83

Section 4 Shift Preference ..................................................85

[iv]

Section 5 Promotion, Voluntary Reduction and

Parallel Pay Grade Movement ............................87

Section 6 Days Off..............................................................92

Section 7 Transfers .............................................................93

Section 8 Promotion and Conversion of Intermittents .......96

Section 9 Semi-Automatic In-Series Advancement ...........96

Section 10 Agency Bidders Preference RC-42 and

Site Techs I & II .................................................. 98

  Section 11 NoticationofFilledVacancy ............................98

XX LAYOFF ...........................................................................................98

Section 1 Application .........................................................98

Section 2 General Procedures ............................................. 98

Section 3 Bumping and Transfer in Lieu of Layoff ..........100

Section 4 Recall ................................................................104

Section 5 Non-Scheduling of Intermittents ......................107

Section 6 Workers’ Compensation Commission

Technical Advisors............................................108

XXI CONTINUOUS SERVICE .............................................................109

  Section 1 Denition ..........................................................109

Section 2 Interruptions in Continuous Service .................109

Section 3 Deductions from Continuous Service ............... 109

XXII GEOGRAPHICAL TRANSFER ....................................................110

XXIII LEAVES OF ABSENCE .................................................................110

Section 1 General Leave ................................................... 110

  Section 2 LeaveforElectedOfce ................................... 111

Section 3 Educational Leave ............................................ 111

Section 4 Veterans’ Leave .................................................111

Section 5 Military Reserve Training and

Emergency Call-up ...........................................112

Section 6 Peace or Job Corps Leave .................................112

Section 7 Adoption Leave ................................................113

Section 8 Child Care Leave ..............................................113

Section 9 Family Responsibility Leave ............................113

  Section 10 LeaveforUnionOfce ..................................... 116

Section 11 Leave to Take Exempt Position ........................116

Section 12 Attendance in Court .......................................... 116

Section 13 Leave to Attend Professional Meetings ............117

Section 14 Leave for Personal Business ............................. 117

Section 15 Bereavement Leave ..........................................118

Section 16 Sick Leave ........................................................118

Section 17 Payment in Lieu of Sick Leave .........................120

Section 18 Carry-Over ........................................................ 121

Section 19 Advances ..........................................................121

Section 20 Service-Connected Injury and Illness ...............121

Section 21 Alternative Employment Program .................... 122

Section 22 Illness or Injury Leave

(Non-service Connected) ..................................122

[v]

Section 23 Treatment of Seniority ......................................123

Section

24 Employee Rights

After Leave

........................... 123

Section

25 Failure to Return from Leave

...........................123

Section

26 Resolution of Leave Disputes

...........................124

Section

27 Parental Leave

..................................................124

Section 28 Family Medical Leave Act ...............................125

XXIV PERSONNEL

FILES ......................................................................125

Section 1 Number, Type and Content ...............................125

Section

2 Supervisor

’s Files .............................................125

Section

3 Employee Review

.............................................126

Section 4 EmployeeNotication

......................................126

Section

5 Non-Job Related Information

...........................126

Section 6 Telephone Numbers ..........................................126

Section

7 Privacy

..............................................................126

XXV WORKING CONDITIONS, SAFETY

AND HEALTH .................127

Section

1 Safety and Health

.............................................. 127

Section

2 State Health and Safety Program

......................129

Section 3 Working Conditions .......................................... 129

Section

4 Meals

................................................................130

Section

5 Damage to Personal Property

...........................130

Section

6 Privacy

..............................................................130

Section

7 Hazardous

Traveling Conditions

......................131

Section 8 Communicable Disease ....................................131

Section

9 Hazardous Substances

......................................131

Section

10 Equipment and Clothing

...................................132

Section

1

Computer Equipment/V

ideo Display

T

erminals/Cathode Ray Equipment

..................132

Section 12 Aircraft Pilots only (RC-62) .............................133

Section

13 Hearing T

ests ....................................................133

Section

14

Firearm Protocols

.............................................133

XXVI

JOB CLASSIFICA

TIONS ..............................................................133

Section

1 Position Requirements

......................................133

Section 2 Assignment

W

ithinClassication

Specications ....................................................134

Section

3 Job Descriptions

...............................................134

Section

4 Changes in the Position Requirements

.............134

Section 5 PositionClassication

......................................134

Section 6 NewClassicationsandReclassication

.........135

Section 7 Reallocation and Investigation Procedures .......135

Section 8 NewClassications ..........................................136

XXVII

EVALUATIONS

137

Section

1 Informal Conferences

.......................................137

Section

2 W

ritten Evaluations

..........................................137

XXVIII

EMPLOYEE DEVELOPMENT AND TRAINING .......................138

Section 1 Policy

................................................................138

Section 2 Courses of Instruction

....................................... 138

Section 3 T

rainee Programs

..............................................139

[vi]

Section 4 Opportunities for the Disabled .........................139

Section 5 Training Information ........................................139

Section 6 Numerical Rankings .........................................139

XXIX SUB-CONTRACTING ................................................................... 140

Section 1 Policy ................................................................140

Section 2 Application .......................................................140

Section 3 Successors ......................................................... 141

XXX INJURY IN LINE OF DUTY .........................................................142

Section 1 Departments of Corrections, Juvenile Justice,

Veterans’ Affairs, and the Department of Human

    ServicesOfceofMentalHealth

and Developmental Disabilities and Residential

    SchoolswithintheOfceofRehabilitation

Services ............................................................. 142

Section 2 Department of Children and

Family Services ................................................142

Section 3 Insurance Payments ..........................................142

XXXI MISCELLANEOUS PROVISIONS ............................................... 143

Section 1 Union/Agency Agreements on Workloads .......143

Section 2 Wage Assignments and Garnishments .............. 143

  Section 3 AfrmativeAction ............................................143

  Section 4 NoticationofLeaveBalances .........................143

Section 5 Distribution of the Agreement ..........................144

Section 6 Travel (RC-42 and Site

Technicians I and II) .........................................144

  Section 7 Educators’FringeBenets(RC-63) .................144

Section 8 Commercial Drivers License ............................144

Section 9 Public Service Quality Involvement

Committees .......................................................145

Section 10 Reasonable Accommodations Under the145

Americans with Disabilities Act .......................145

Section 11 Supplementary Agreements ..............................145

Section 12 Disposition of Work During Absences .............145

Section 13 Docking ............................................................145

Section 14 Fitness for Duty ................................................146

Section 15 Payroll Errors .................................................... 146

Section 16 Calculation of Backpay ....................................146

Section 17 Apparel .............................................................146

Section 18 Travel Reimbursement ...................................... 147

Section 19 THC/Cannabis Testing ...................................... 147

XXXII WAGES AND OTHER PAY PROVISIONS ..................................147

Section 1 Wage Schedule .................................................. 147

Section 2 Promotions/Voluntary Reductions ....................147

Section 3 Shift Differential ...............................................147

Section 4 Steps ..................................................................148

Section 5 Severance Pay (RC-6, 9, 10, 14, 28, 42, 62,

63 and CU-500) ................................................148

[vii]

Section 6 General Increases .............................................. 149

Section 7 Step 8 ................................................................150

  Section 8 Classications/Upgrade ....................................151

Section 9 Special Rates .....................................................151

Section 10 Bi-lingual Pay ...................................................151

Section 11 Court Reporters .................................................151

Section 12 Department of Human Services

and Department Veterans’ Affairs .....................152

Section 13 Maximum Security ...........................................152

Section 14 Academic Year Educators .................................152

Section 15 Direct Deposit ...................................................152

Section 16 Payroll Adjustments .......................................... 152

XXX

III NO STRIKE OR LOCKOUT .........................................................152

Section 1 No Strike ........................................................... 152

Section 2 Employer/Employee Rights .............................. 152

Section 3 No Lockout .......................................................152

XXX

IV AUTHORITY OF THE CONTRACT ............................................153

Section 1 Partial Invalidity ...............................................153

Section 2 Effect of Department of Central Management

Services Rules and Pay Plan ............................. 153

  Section 3 IncreaseorDecreaseofBenets ......................153

Section 4 Waiver ...............................................................154

XXXV TERMINATION ..........................................................................154

SCHEDULE A – CLASSIFICATION SERIES AND RATES OF PAY .......155

Part I CU-500ClassicationSeries ..................................................155

Part II RC-6ClassicationSeries ......................................................155

Part III RC-9ClassicationSeries ......................................................156

Part IV RC-10ClassicationSeries ....................................................158

Part V RC-10Non-PersonnelCodeClassicationSeries .................. 158

Part VI RC-14ClassicationSeries ....................................................158

Part VII RC-14Non-PersonnelCodeClassicationSeries .................. 161

Part VIII RC-28ClassicationSeries ....................................................162

Part IX RC-28Non-PersonnelCodeClassicationSeries .................. 164

Part X RC-42ClassicationSeries ....................................................165

Part XI RC-42Non-PersonnelCodeClassicationSeries .................. 165

Part XII RC-62andRC-63ClassicationSeries .................................. 165

Part XIII RC-62/63Non-PersonnelCodeClassicationSeries .............179

Part XIV CU-500 TITLES AND SALARY GRADES ..........................184

Rates of Pay CU-500, Effective July 1, 2023 .........................185

Rates of Pay CU-500, Effective January 1, 2024 ...................185

Rates of Pay CU-500, Effective July 1, 2024 .........................186

Rates of Pay CU-500, Effective July 1, 2025 .........................186

Rates of Pay CU-500, Effective July 1, 2026 .........................187

Part XV RC-006 TITLES AND SALARY GRADES ..........................188

[viii]

Rates of Pay RC-006, Effective July 1, 2023 .........................189

Rates of Pay RC-006, Effective January 1, 2024 ...................190

Rates of Pay RC-006, Effective July 1, 2024 .........................191

Rates of Pay RC-006, Effective July 1, 2025 .........................192

Rates of Pay RC-006, Effective July 1, 2026 .........................193

Part XVI RC-009 TITLES AND SALARY GRADES ..........................194

Rates of Pay RC-009, Effective July 1, 2023 .........................195

Rates of Pay RC-009, Effective January 1, 2024 ...................196

Rates of Pay RC-009, Effective July 1, 2024 .........................197

Rates of Pay RC-009, Effective July 1, 2025 .........................198

Rates of Pay RC-009, Effective July 1, 2026 .........................199

Part XVII RC-010 TITLES AND SALARY GRADES ..........................200

Rates of Pay RC-010, Effective July 1, 2023 .........................201

Rates of Pay RC-010, Effective January 1, 2024 ...................201

Rates of Pay RC-010, Effective July 1, 2024 .........................202

Rates of Pay RC-010, Effective July 1, 2025 .........................202

Rates of Pay RC-010, Effective July 1, 2026 .........................202

Part XVIII RC-014 TITLES AND SALARY GRADE .............................203

Rates of Pay RC-014, Effective July 1, 2023 .........................205

Rates of Pay RC-014, Effective January 1, 2024 ...................207

Rates of Pay RC-014, Effective July 1, 2024 .........................208

Rates of Pay RC-014, Effective July 1, 2025 .........................210

Rates of Pay RC-014, Effective July 1, 2026 .........................212

Part XIX RC-028 TITLES AND SALARY GRADES ..........................215

Rates of Pay RC-028, Effective July 1, 2023 .........................217

Rates of Pay RC-028, Effective January 1, 2024 ...................218

Rates of Pay RC-028, Effective July 1, 2024 .........................219

Rates of Pay RC-028, Effective July 1, 2025 .........................220

Rates of Pay RC-028, Effective July 1, 2026 .........................222

Part XX RC-042 TITLES AND SALARY GRADES ..........................224

Rates of Pay RC-042, Effective July 1, 2023 .........................225

Rates of Pay RC-042, Effective January 1, 2024 ...................226

Rates of Pay RC-042, Effective July 1, 2024 .........................227

Rates of Pay RC-042, Effective July 1, 2025 .........................228

Rates of Pay RC-042, Effective July 1, 2026 .........................229

Part XXI RC-062 TITLES AND SALARY GRADES ..........................230

Rates of Pay RC-062, Effective January 1, 2023 ...................239

Rates of Pay RC-062, Effective January 1, 2024 ...................241

Rates of Pay RC-062, Effective July 1, 2024 .........................243

Rates of Pay RC-062, Effective July 1, 2025 .........................244

Rates of Pay RC-062, Effective July 1, 2026 .........................246

Part XXII RC-063 TITLES AND SALARY GRADES ..........................248

Rates of Pay RC-063, Effective July 1, 2023 .........................251

Rates of Pay RC-063, Effective January 1, 2024 ...................253

Rates of Pay RC-063, Effective July 1, 2024 .........................255

Rates of Pay RC-063, Effective July 1, 2025 .........................257

[x]

Rates of Pay RC-063, Effective July 1, 2026 .........................259

Part XXIII RC-063 TITLES AND SALARY GRADES ..........................261

(12 Month Schedule)

Rates of Pay RC-063, Effective January 1, 2024 ...................262

Rates of Pay RC-063, Effective July 1, 2024 .........................263

Rates of Pay RC-063, Effective July 1, 2025 .........................264

Rates of Pay RC-063, Effective July 1, 2026 .........................265

Part XXIV RC-063 TITLES AND SALARY GRADES ..........................266

(9 Month Schedule)

Rates of Pay RC-063, Effective July 1, 2023 .........................266

Rates of Pay RC-063, Effective January 1, 2024 ...................267

Rates of Pay RC-063, Effective July 1, 2024 .........................268

Rates of Pay RC-063, Effective July 1, 2025 .........................269

Rates of Pay RC-063, Effective July 1, 2026 .........................270

APPENDIX A - EMPLOYEE BENEFITS PLAN........................................271

APPENDIX B ...............................................................................................289

APPENDIX C - MEMORANDA OF UNDERSTANDING ........................291

[xi]

[1]

PREAMBLE

In order to establish harmonious employment relations through a mutual

process, to provide fair and equitable treatment to all employees, to promote

the quality and continuance of public service, to achieve full recognition for the

value of employees and the vital and necessary work they perform, to specify

wages,hours,benets,andworkingconditions,andtoprovideforthepromptand

equitable resolution of disputes, the parties agree as follows:

AGREEMENT

THIS AGREEMENT has been made and entered into by and between

the DEPARTMENT OF CENTRAL MANAGEMENT SERVICES, and all

Departments, Boards and Commissions subject to the Personnel Code, and whose

vouchers are subject to approval by the Department of Central Management

Services, of the State of Illinois (hereinafter referred to as the “Employer”) and

the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES COUNCIL 31, AFL-CIO (hereinafter referred to as the “Union”)

onbehalfofitsafliatedlocalsandtheemployeesinthecollectivebargaining

units described below and in Article I.

TheUnion hasbeen dulycertiedby theOfce ofCollective Bargaining,

State of Illinois, pursuant to Section 9, subsection (7) of the Personnel Code,

and the Rules and Regulations which have been adopted by the Director of

Central Management Services and the Civil Service Commission to implement

that Section; and the Union is the historical representative pursuant to the

Illinois Public Labor Relations Act, for the purposes of collective bargaining

for the employees in: RC-6, a unit composed of correctional employees; RC-

9, a unit composed of institutional employees; RC-10, a unit composed of

Technical Advisors and Hearing Referees; RC-14, a unit composed of all clerical

positions, and any paraprofessional positions involving administrative, data

treating, technical, or applied science work; RC-28, a unit composed of positions

involving direct services to clients and the public; RC-42, a unit composed of

maintenance employees; RC-62, a Statewide Technical Unit; RC-63, a Statewide

Professional Unit; CU-500, a unit of supervisory employees in Corrections and

Juvenile Justice.

These units exclude temporary, emergency, and provisional employees and

those position titles and/or individual positions excluded by order of the Illinois

State Labor Relations Board or by agreement of the parties under the standards

forexclusionoftheRulesandRegulationsofthatofcereferringtosupervisory,

condential and managerial employees, which order or agreement shall be

reduced to writing and may from time to time be amended.

DEFINITION OF TERMS

The following terms shall be interpreted as indicated below when used in this

Agreement:

[2]

a) “Agency Head” refers to the head of a department, agency, board or

commission.

b) “Employer” refers to the Director of the Department of Central

Management Services, the Agency Head, the Facility Head, or the

Intermediate Administrator or their representatives collectively or singly,

as the context may require.

c) Unless otherwise agreed “IntermediateAdministrator” shall be dened

as the individual with regional, divisional or facility-wide authority who

  is subordinate to the Agency Head and superior to rst-level

supervisors outside the bargaining unit, including, but not limited to,

  Local OfceAdministrators in Human Services, Public Aid, Regional

Managers in Employment Security, Superintendents at institutional

facilities, District Engineers in Transportation, Regional Land Managers

in Natural Resources, Division of Land Management.

d) “Work Location” under RC-10, RC-14, RC-28, RC-62, RC-63, and

  CU-500shallbedenedasallofthepremisesofanAgencyinaCounty,

except that each of the following shall be considered a work location,

unless otherwise agreed to by the parties in supplemental negotiations.

 1)Abuilding orrelatedgroup ofbuildingswith morethantwenty-ve

(25) employees in the bargaining unit;

2) A building or group of buildings which constitute a facility in the

Departments of Human Services, Corrections, Children and Family

Services, or Veterans’ Affairs;

 3)Branchofcesofacentralregionalofceincountiesadjacenttosuch

   regionalofces,andtheregionalofce,whichofcesshallbegrouped

as a work location.

Provided that, for purposes of health and safety committees, where

  more than one Agency has ofces within a building or related group

  of buildings,  all such ofces shall be considered together as a work

location. The “Work Location” under RC-6, RC-9 and CU-500 shall

  bedened as d)2) above,unless otherwiseagreed toby theparties in

agency supplemental negotiations.

e) For RC-6, RC-9, RC-10, RC-14, RC-28, RC-42, RC-62, RC-63, and

CU-500 “Employee” refers only to a bargaining unit employee in a

  classication covered by this contract whether in a certied or

probationary status, except that a probationary employee, an employee

during an original six (6) month probationary period, has no right to use

the grievance procedure in the event of discharge or demotion. The six

(6) month probationary period may be extended up to six (6) additional

months by mutual agreement of the parties.

f) “Facility Head” refers to the Head of a particular facility or institution of

the Department of Corrections, Human Services, Children and Family

Services, Veterans’ Affairs, and Juvenile Justice, whichever is applicable.

[3]

g) “Working Supervisor” refers to an employee’s bargaining unit supervisor

  identied in the Working Supervisor MOU in a classication covered

by this agreement as indicated in Schedule A. Those working supervisors

may perform managerial/supervisory responsibilities as historically

  performed within their job classication in a position identied in the

Working Supervisor MOU prior to becoming bargaining unit members.

The status as a Working Supervisor shall not be interpreted in a manner

that would change the status of a public employee represented under the

Illinois Public Labor Relations Act.

ARTICLE I

Recognition

Section 1. Recognition

The Employer recognizes the Union as the sole and exclusive bargaining

representative in all matters establishing and pertaining to wages and salaries,

hours, working conditions and other conditions of employment for employees in

theunitsdescribedin“Agreement”andcomposedofclassicationsattachedin

ScheduleA,andsuchotherclassicationsasmaybeaddedinaccordancewith

the provisions of this Agreement. The parties recognize that there are nine (9)

bargainingunitscontainedherein;eachseparatelycertied,andthatthefactthat

they are all contained within this Agreement shall not imply that any provision or

policyaffectingorbenetingoneunitappliestoanyother,unlessotherwiseso

provided.

Section 2. Abolition or Merger of Job Classication

 TheEmployermay, establishnew classications,or abolish,ormerge,or

changeexistingclassications.

 The Union shall be notied of the Employer’s interest to establish new

classications, or abolish, or merge, or change existing classications and

discuss with it such intention at least twenty-one (21) days prior to making its

recommendation to the Civil Service Commission.

 IftheEmployersubsequentlydeterminestoestablishnewclassications,or

abolish,ormerge,orchangeexistingclassications,itshallnegotiatewiththe

Union over the impact of such.

Such negotiations shall include good faith impact bargaining as required

under the State Labor Relations Act.

In the event the parties are unable to reach agreement, the Union may appeal

through the contractual grievance procedure (Art. V) including Arbitration. The

issue before the Arbitrator shall be whether or not the employee’s rights have

been violated as provided in the Agreement, and if so what the remedy should be.

Nothing in this Section shall diminish any rights provided for in other Sections

of this Agreement.

[4]

Section 3. Integrity of the Bargaining Unit

A. The Employer recognizes the integrity of the bargaining unit and will not

take any action having the effect of eroding bargaining unit work. Subject

to the provisions of this Agreement, the Employer will continue to

endeavor to assign bargaining unit work to bargaining unit employees.

The hiring of temporary or emergency employees to supplement

bargaining unit employees’ work on a temporary basis or provisional

employees appointed under Personnel Rule 302.150 or the use of an

individual on a light duty assignment which has been agreed to by the

Union shall not be considered erosion of the bargaining unit.

B. Emergency, temporary and provisional appointments shall be made in

accordance with Section 8(b)(8); 8(b)(9); and 8(b)(10) of the Personnel

  Code.TheUnionshallbenotiedinwritingwithin10businessdaysof

the appointment by the Agency and on a monthly basis by the Department

of Central Management Services of the name, agency, title and position

allocation number of all emergency, temporary and provisional

appointments made to bargaining unit positions.

C. In the event that a back-to-back emergency, temporary, or provisional

appointment, or a combination of appointments, is operationally

necessary, upon timely request the Union will be provided with the

rationale for such back-to-back appointments. The provision of rationale

to the Union will be made in a timely fashion.

D. Unless Agency operational needs so require, no emergency, temporary,

provisional or contractual employee shall be assigned to work a schedule

of hours or days off if there is an employee in the same position

  classicationandworklocationwhodesiressuchascheduleofhoursand

days off.

Section 4. Union Exclusivity

The Employer shall not meet, discuss, confer, subsidize or negotiate with

any other employee organization or its representatives on matters pertaining to

hours, wages, and working conditions. Nor shall the Employer negotiate with

employees over their hours, wages and working conditions, except as provided

herein.

Section 5. Employer Neutrality

It is the policy of the Employer to support its employees’ legal right to freely

choose to be represented by a union. The Employer will not oppose efforts by

any of its employees to be represented by a union; provided however, nothing

herein shall limit the Employer’s rights before the Illinois Labor Relations Board

to determine the appropriateness of an employee’s placement in a bargaining unit.

The Employer shall not discourage employees from becoming union members or

authorizing dues deductions, and shall not otherwise interfere with the relationship

[5]

between employees and their exclusive representative. In addition, the Employer

shall not provide assistance to third parties who desire to engage in such activity.

The Employer shall refer all inquiries about union membership to the Union,

except that the Employer may communicate with employees regarding payroll

processes and procedures. The Employer will establish email safeguards and

policies in an effort to prohibit and block the use of its email system and review

safeguards for access to other systems by outside sources.

ARTICLE II

Management Rights

Section 1. Rights Residing in Management

 Exceptasamended,changedormodiedbythisAgreement,theEmployer

retains the exclusive right to manage its operations, determine its policies, budget

and operations, the manner of exercise of its statutory functions and the direction

of its working forces, including, but not limited to: the right to hire, promote,

demote, transfer, evaluate, allocate and assign employees; to discipline, suspend

and discharge for just cause; to relieve employees from duty because of lack of

work or other legitimate reasons; to determine the size and composition of the

work force, to make and enforce reasonable rules of conduct and regulations;

to determine the departments, divisions and sections and work to be performed

therein; to determine the number of hours of work and shifts per work week; to

establish and change work schedules and assignments; to introduce new methods

of operation; to eliminate, contract, and relocate or transfer work and maintain

efciency.

Section 2. Statutory Obligations

Nothing in this Agreement shall be construed to modify, eliminate or detract

from the statutory responsibilities and obligations of the Employer except that the

exercise of its rights in the furtherance of such statutory obligations shall not be

inconictwiththeprovisionsofthisAgreement.

ARTICLE III

Non-Discrimination

Section 1. Prohibition Against Discrimination

Both the Employer and the Union agree not to discriminate against any

employee on the basis of race, sex, sexual orientation, creed, religion, color,

maritalorparentalstatus,age,nationalorigin,politicalafliationand/orbeliefs,

nor shall the parties discriminate against any employee with a disability, or for

other non-merit or any other factors protected by law.

[6]

Section 2. Fostering Diversity and Equal Opportunity

The parties agree that the full integration of women and minorities in the

state workforce requires opportunities for training and development and therefore

agree to utilize the Upward Mobility Program to assist in the advancement of

women and minorities.

Section 3. Union Activity

The Employer and the Union agree that no employee shall be discriminated

against, intimidated, restrained or coerced in the exercise of any rights granted by

the Illinois Public Labor Relations Act, Illinois Revised Statutes, 5 ILCS 315/1 et

seq. (P.A. 83-1012) or by this Agreement, or on account of membership or non-

membership in, or lawful activities on behalf of the Union.

Section 4. Membership Solicitation

Neither the Union nor its members shall solicit membership during an

employee’s work time.

Section 5. Equal Employment/Afrmative Action/ADA/FMLA

The parties recognize the Employer’s obligation to comply with federal

and state Equal Employment Afrmative Action Laws, the Americans with

Disabilities Act and the Family and Medical Leave Act (including intermittent

leave as required).

ARTICLE IV

Dues Deductions

Section 1. Deductions

The Employer agrees to deduct from the pay of those employees who

individually request it any or all of the following

a) Union membership dues, assessments, or fees

b) Union sponsored credit union contributions;

c) P.E.O.P.L.E. contributions.

The Employer shall commence dues deductions within thirty (30) days of

notice of authorization by the employee from the Union. The Employer shall

rely upon information provided by the Union regarding whether deductions

were properly authorized, revoked, canceled, or changed. Authorized deductions

may only be revoked in accordance with the terms under which an employee

voluntarily authorized said deduction. Written authorization may be evidenced by

electronic communications and such writing or communication may be evidenced

bytheelectronicsignatureoftheemployeeasdenedin5ILCS175/5-120.

Request for any of the above shall be made within the provisions of the State

Salary and Annuity Withholding Act and/or other applicable State statutes and/or

procedures established by the Comptroller.

[7]

An employee who has previously authorized payroll deductions pursuant

to this Section shall continue to have such deductions made and shall not be

required to reauthorize such deductions unless the employee has specically

authorized revocation of deductions pursuant to Section 2 of this Article.

Authorized deductions shall be made in accordance with law and the

procedures of the Comptroller and shall be remitted semi-monthly to the Union in

accordance with the current procedures, and at the address designated in writing

to the Comptroller by the Union. AFSCME Council 31 shall advise the Employer

ofanyincreaseinduesorotherapproveddeductionsinwritingatleastfteen(15)

days prior to its effective date. AFSCME Council 31 shall inform the Employer

about local union jurisdictions and the appropriate dues rate for employees within

each jurisdiction. When an employee who has authorized dues deduction moves

to the jurisdiction of a different local union, the Employer shall adjust the dues

deduction within (30) days.

When an employee has authorized payroll deductions for Union membership,

the wage stub will state “Union dues” and the amount of deduction. The Employer

willworkwiththeOfceoftheIllinoisComptrollerinanefforttoincludethe

designation of “non mbr” on the wage stub of employees who have not authorized

dues deduction.

The Union shall maintain accurate records of the voluntary deductions which

have been authorized by represented employees and shall give the Employer

timely notice and written authorization of any changes in such authorizations,

with the understanding that the Employer will promptly execute said changes

in payroll deductions. Upon receiving notice and written authorization, the

Employer shall commence deductions as soon as practicable, but shall be no later

than the second pay period from receipt, from the Union. Employee deductions

shall be transmitted to the Union as soon as practicable and within the prescribed

procedures of the Comptroller from the date of the deduction. The Employer will

not cease voluntary deductions from a bargaining unit employee unless directed

to do so by the Union.

If a bargaining unit employee requests a change in membership/dues status

or has questions regarding the deductions, the employee will be referred to the

Union.

Section 2. Indemnication

The Union shall indemnify, defend and hold the Employer harmless against

any claim, demand, suit or liability arising from any action taken by the Employer

in complying with this Article.

Section 3. Availability of Cards

Dues authorization cards shall be supplied to the Employer by the Union and

shall be made available upon request of the employee. Completed cards shall be

[8]

forwarded to the Union within three (3) working days.

ARTICLE V

Grievance Procedure

Statement of Principle. The parties agree that in order for the grievance

proceduretofunctionefcientlyandeffectively,allgrievancesmustberesolved

at the lowest possible level of the Grievance Procedure. Therefore, the parties

agree that all persons responsible for resolving grievances at all levels of the

procedure shall be vested with sufcient authority to undertake meaningful

discussions and to settle the grievance, if appropriate.

In order to reduce the number of grievances advanced to Step 4 of the

Grievance Procedure, upon review, if an Agency or a local Union is found to

have a large percentage of its grievances being advanced to the fourth level, a

committee made up of representatives of the Union and CMS shall meet and

endeavor to determine if all necessary means of resolving the grievances have

been exhausted at the lower levels of the grievance procedure. If it is found

that all necessary means to resolve a grievance(s) have not been exhausted, the

committee will return the grievance(s) to the appropriate lower step for resolution.

Section 1. Grievance

 Agrievanceisdenedasanydifference,complaintordisputebetweenthe

Employer and the Union or any employee regarding the application, meaning

or interpretation of this Agreement or arising out of other circumstances or

conditions of employment.

A written grievance shall contain a statement of the grievant’s complaint,

the Section(s) of the Agreement allegedly violated, if applicable, the date of the

alleged violation and the relief sought. The form shall be signed and dated by the

grievant. Improper grievance form, date or section citation shall not be grounds

for denial of the grievance.

Grievances may be processed by the Union on behalf of an employee or on

behalf of a group of employees or itself setting forth name(s) or group(s) of the

employee(s). Either party may have the grievant or one grievant representing

group grievants present at any step of the grievance procedure, and the employee

is entitled to Union representation at each and every step of the grievance

procedure.Theresolutionofagrievanceledonbehalfofagroupofemployees

shall be made applicable to the appropriate employees within that group. Where

available, videoconferencing and teleconferencing may be used to conduct

grievance meetings and/or Arbitration Hearings by mutual agreement of the

parties.

Nothing shall diminish the rights of an employee under P.A. 83-1012 or the

rights of the Union under this Agreement.

[9]

Section 2. Grievance Steps

Step 1: Immediate Supervisor

The employee and/or the Union shall orally raise the grievance with the

employee’s supervisor who is outside the bargaining unit. The employee shall

informthesupervisorthatthisdiscussionconstitutestherststepofthegrievance

procedure.Allgrievancesmustbepresentednotlaterthanfteen(15)working

days from the date the grievant became aware of the occurrence giving rise to

the complaint. The immediate supervisor shall render an oral response to the

grievance within ten (10) working days after the grievance is presented. If the

oral grievance is not resolved at Step 1, the immediate supervisor shall sign the

written statement of grievance prepared for submission at Step 2 acknowledging

discussion of the grievance. In those circumstances where securing the signature

oftherstlevelsupervisorwhoisphysicallynotavailabletosignwouldhave

adversely affected a timely submittal to the second level, the grievance will be

submitted to the second level without such signature. A copy of the grievance

shallsubsequentlybeprovidedtotherstlevelsupervisorforsuchsignature.The

parties recognize that variations from the immediate supervisor, where mutually

agreeable, may exist. Where there is no Employer representative outside a

bargaining unit covered under this Agreement at Step 1, the grievance shall be

ledatStep2andthetimelimitsforlingandrespondingcontainedinStep1

shall apply.

Notwithstanding the above, the employee and the Union may discuss the

problem with the bargaining unit working supervisor, vested with the authority

bytheEmployerinlieuoflingagrievance.AnemployeeandtheUnionshall

beallowedfteen(15)workingdaysfrombecomingawareoftheproblem,to

raise it with the working supervisor who shall have ve (5) working days to

respond.IfanemployeeortheUnionwishestoleagrievanceatstep2afterthe

discussionwiththeworkingsupervisor,theymaydosonolaterthanfteen(15)

working days after the working supervisor’s response is due.

Step 2: Intermediate Administrator

In the event the grievance is not resolved in Step 1, it shall be presented in

writing by the Union to the Intermediate Administrator or his/her designee within

ve(5)workingdaysfrom thereceiptof theansweror thedate suchanswer

was due, whichever is earliest. Within ten (10) working days after the grievance

is presented to Step 2, the Intermediate Administrator shall meet, discuss and

attempt to resolve the grievance with the Union. If the parties are unable to resolve

the grievance, the Intermediate Administrator shall render a written answer to the

grievancewithinve(5)workingdaysaftersuchdiscussionisheldandprovide

a copy of such answer to the Union. The written grievance shall be on an agreed

upon form which shall be provided by the Union. The written grievance shall

contain a statement of the grievant’s complaint, the Section(s) of the Agreement

allegedly violated, if applicable, the date of the alleged violation and the relief

[10]

sought. The form shall be signed and dated by the grievant. Improper grievance

form, date or section citation shall not be grounds for denial of the grievance.

Step 3: Agency Head

If the grievance is still unresolved, it shall be presented by the Union to the

Agency Head or his/her designee in writing within fteen (15) working days

after receipt of the Step 2 response or after the Step 2 response is due, whichever

is earliest, or within  fteen working days after the Step 1 response, or after

the Step 1 response is due, if Step 2 is not applicable. It is agreed that appeals

postmarkedwithinthefteen (15)working daystime limit aretimely.Acopy

of said grievance shall also be sent by the local Union to the Union’s Step 3

representative. A grievance will not appear on the third level agenda unless a

signed and dated grievance has been presented to the Agency Head or designee.

For the Department of Children and Family Services the Union shall be

represented by a committee in each agency, made up of Union staff and four

(4) bargaining unit members. For the Department of Human Services, the Union

shall be represented by a committee made up of Union staff and seven (7)

bargaining unit members. For the Department of Corrections/Juvenile Justice,

the Union shall be represented by a committee made up of Union staff and seven

(7) bargaining unit members. When discussing grievances for the Department

of Juvenile Justice, the Union committee shall be made up of Union staff and

DOC/DJJ grievance committee members from the Department of Juvenile

Justice. For all other Departments, they will be divided into two Multi-Agency

Committees for which the Union shall be represented by Union staff and a total

of ve (5) bargaining unit members on each committee representing all other

Agencies on their respective committee. The agencies will initially be divided

into the following committees: Committee I shall consist of DVA, ISP, HFS,

DNR, DCEO, CMS, IEMA, AGE, AGR, DOI, ICC, ICDD, LETSB, OSFM, and

SRS. Committee II shall consist of IGB, Lottery, IRB, DES, DPH, DHR, FPR,

DOT, Arts Council, CJIA, GAC, EPA, CDB, DMA, PTAB, PRB. The placement

of other agencies, including other agencies not already assigned to a committee

shall be by mutual agreement of the parties. Each agency shall be represented by

the agency head or his/her designee.

Agency level grievance meetings shall be convened monthly at a time and

place of mutual agreement. Grievance meetings may be conducted virtually by

mutual agreement. The duration of the meeting shall be dictated by the number

ofgrievancespending,butshallbenomorethanve(5)dayspermonth.After

a grievance has been discussed at a Step 3 meeting either party may place

the grievance on hold status. There shall only be one hold per grievance and

any deviation from same shall be on a case by case basis, following mutual

consultation and agreement. If the grievance has been resolved or denied, the

parties shall sign the resolution within ten (10) working days.

Attendance at such meetings shall be without loss of pay subject to reasonable

[11]

attendance requirements. The bargaining unit members of the Committee shall be

paid for one-half day travel, if they are traveling from the Chicago area to the

Springeldareaorequivalentofsame.TheCommitteememberswillbeinpaid

status the remainder of the work day while and if in preparation for the scheduled

grievance meeting. Management reserves the right to verify the use of time for

travel and preparation as is stated above.

Step 4:

a) If the matter is not resolved at Step 3, the Union, by written notice to the

  Employerwithinfteen(15)workingdaysofthegrievancebeingsigned-

off by the parties at Step 3, may appeal the grievance(s) to a pre-arbitration

  staffmeeting.Itisagreedthatappealspostmarkedwithinthefteen(15)

working days time limit are timely.

Pre-Arbitration Staff Meeting – CMS staff and Union staff shall meet

on a monthly basis in an attempt to resolve the grievance(s) which

are capable of resolution. The duration of the meeting shall be dictated by

  the number of grievances pending, but shall be no more than ve (5)

days per month. Such staff shall have the full authority to resolve those

cases moved to the pre-arbitration level. If the grievance has been

resolved or moved to arbitration by the Union, the parties shall sign the

resolution within ten (10) working days.

b) Arbitration Expedited

1. The parties agree to use an expedited arbitration system for all non-

priority grievances, except as otherwise provided herein. The arbitrator

shall be assigned from a designated panel. The arbitrator shall be

a member of the Expedited Panel agreed upon by the parties. After the

parties have signed the Step 4 resolution moving the grievance to

Expedited arbitration, the parties shall arrange a place and date to

conduct the hearing within a period of not more than sixty (60) days.

Nothing herein precludes multiple cases being heard on the same day

before the same arbitrator.

2. If either party concludes that the issues involved are of such complexity

   or signicance as to warrant referral to the Regular Arbitration

   Panel,thatpartyshallnotifytheotherpartyofsameatleastve(5)

working days prior to the scheduled time for the expedited arbitration.

If there is a cancellation fee, that party shall bear the cost.

3. The hearing shall be conducted in accordance with the following:

a) the hearing shall be informal;

    b)nobriefsshallbeledortranscriptsmade;

c) there shall be no formal rules of evidence;

d) the hearing shall normally be completed within one day;

e) if the parties mutually agree at the hearing that the issues involved are

    of such complexity or signicance as to warrant reference to the

[12]

Regular Arbitration Panel, the case shall be referred to that panel and

the parties shall split the arbitrator’s cost; and

f) the arbitrator may issue a bench decision at the hearing but in any event

shall render a decision within two (2) working days after conclusion of

the hearing. Such decision shall be based on the evidence before the

arbitrator and shall include a brief written explanation of the basis for

such conclusion. An arbitrator who issues a bench decision shall furnish

a written copy of the award to the parties within two (2) working days of

the close of the hearing;

g) the parties agree to attempt to arrive at a joint stipulation of facts and

issues prior to arbitration;

h) the parties shall attempt to limit the number of witnesses and the overall

time for the presentation of the grievance so that additional grievances

may be presented on the same day. Discussion for the purpose of limiting

the length of the arbitration shall take place prior to the date of the

arbitration.

  4.AdecisionbyamemberoftheExpeditedPanelshallbenalandbinding,

except it shall not be regarded as precedent or be cited in any future

proceeding.

Regular Arbitration

  1.OnlyprioritygrievancesasdenedintheMOUonSpecialGrievances,

contract interpretation cases or those other disputes as may be mutually

determined by the parties shall be scheduled for Regular Arbitration.

2. Arbitrators shall be selected from a permanent regular panel agreed

upon by the parties. Each such arbitrator shall commit in advance to a

minimum of two dates a month for the calendar year. If the parties are

unable to agree on an arbitrator, the parties shall meet to discuss an

alternative measure to select an arbitrator.

3. The parties shall make every effort to have the dispute heard at an

arbitration hearing to be held within sixty (60) days following the Step

4 A signoff.

4. The arbitrator in any given case must render an award therein within

thirty (30) days of the close of the record in the case.

c) Arbitration Procedures

Both parties agree to attempt to arrive at a joint stipulation of the facts

and issues as outlined to be submitted to the arbitrator. The Employer or

Union shall have the right to request the arbitrator to require the presence

of witnesses and/or documents.

Each party shall bear the expense of its own witnesses who are not

employees of the Employer.

Q

uestions of arbitrability shall be decided by the arb

itrator. If a

  questionofarbitrabilityisraised,thearbitratormustrstmakeadeter-

mination of the arbitrability of the dispute unless the issue is of such

[13]

a nature that a determination cannot be made at the hearing. Once

a determination is made that the matter is arbitrable or if such

preliminary determination cannot be reasonably made, the arbitrator

shall then proceed to determine the merits of the dispute. The arbitrator

shall neither amend, modify, nullify, ignore, add or subtract from the

provisions of this Agreement.

The expenses and fees of the arbitrator shall be paid by the losing

party. In cases of split decisions the arbitrator shall determine what

portion each party shall be billed for expenses and fees. If the Union

prevails, the arbitrator shall retain jurisdiction with respect to remedy

until the Employer can show that the payment of remedies granted

in the award have been made, unless the parties mutually agree

otherwise. The Employer shall have a d

esignated representativ

e

  assigned tothe specic matter toensure the process hasbeen initiated

to implement all monetary remedies no later than 45 days after the

date of the arbitration award provided the Employer is not considering

  ling an appeal. If either party seeks to vacate an arbitrator’s award,

such party shall be responsible for all costs including reasonable

attorney fees of both parties in seeking and defending against such

action, unless the party attempting to vacate the award prevails, in

which case each party shall bear its own costs. The cost of the hearing

rooms, if any, shall be shared equally. Nothing in this Article shall

preclude the parties from agreeing to the appointment of a permanent

arbitrator(s) during the term of this Agreement or to use the expedited

arbitration procedures of the American Arbitration Association. The

  decision and award of the arbitrator shall be nal and binding on the

Employer, the Union, and the employee or employees involved.

If either party desires a verbatim record of the proceeding (Regular

Arbitration only), it may cause such a record to be made, providing it pays

for the record and makes a copy available without charge to the arbitrator.

If the other party desires a copy it shall pay for the cost of its copy. If the

parties agree to utilize a court reporter, the cost shall be shared.

Section 3. Time Limits

a) Grievances may be withdrawn at any step of the Grievance Procedure

without prejudice. Grievances not appealed within the designated time

limits will be treated as withdrawn grievances.

b) The time limits at any step or for any hearing may be extended by mutual

agreement of the parties involved at that particular step.

 c)TheEmployer’sfailuretorespondwithinthetimelimitsshallnotndin

favor of the grievant, but shall automatically advance the grievance to the

next steps.

 d)IfthegrievanthasledanappealwiththeCivilServiceCommissionor

[14]

the Executive Ethics Commission over an identical issue and penalty

to that employee’s grievance, the parties agree that the Grievance

Procedure will not be applicable and the grievance shall be treated as

withdrawn, unless the employee withdraws his/her appeal prior to a

  hearingbeingheldandthegrievancewastimelyledandprocessedby

the Union through the contractual grievance procedure.

 e)Itisunderstoodbythepartiesthatthetimelimitsforlingagrievance

on a timely basis for disciplinary action shall begin on the date the

  employeereceivesthedocumentationoftheofcialtransactionspecic

to the discipline.

Section 4. Special Grievances/Memorandum of Understanding

Grievances concerning discharge, suspensions pending judicial verdict,

demotions, geographical transfers, reclassications, layoffs, schedule changes

pursuant to Article XII, Section 19, educational leave denials, and the salary

gradeplacementfornewclassicationspursuanttoArticleXXVI,Section8shall

be processed in accordance with the Memorandum of Understanding.

Section 5. Number of Representatives and Jurisdictions

The number of Union stewards and the facilities they represent shall

be agreed upon locally. The Union shall designate the Union stewards and

representatives and shall supply a list of names in writing to the Department of

Central Management Services and agency and local level administrators on a

quarterly basis. Existing local agreements, except by mutual agreement, shall not

be changed.

Section 6. Time Off, Meeting Space and Equipment Use

a) Time Off: The grievant(s) and/or Union grievance representative(s)

will be permitted reasonable time without loss of pay during their

working hours to investigate and process grievances. A grievant who

is called back on a different shift or on his/her day off as a result of the

Employer scheduling a grievance meeting shall have such time spent

in the meeting considered as time worked. Witnesses whose testimony is

pertinent to the Union’s presentation or argument will be permitted

reasonable time without loss of pay to attend grievance meetings

and/or respond to the Union’s investigation. No employee or Union

  representative  shall leave his/her  work to investigate, le or process

  grievances without rst notifying and making mutual arrangement

with his/her supervisor or designee as well as the supervisor of any

unit to be visited, and such arrangements shall not be denied unreasonably.

Employees attending grievance meetings shall normally be those having

direct involvement in the grievance. The Employer reserves the right

to require reasonable documentation of time spent in processing griev-

[15]

ances including time spent using the telephone for these purposes. The

Employer agrees that such documentation of time shall not be construed

to allow supervisors to question the content or merits of the grievance(s).

b) Meeting Space and Equipment Use: Upon request, the employee and Union

representative shall be allowed the use of an available appropriate room

while investigating or processing a grievance; and, upon prior general

approval, shall be permitted the reasonable use of telephone facilities for the

purpose of investigating or processing grievances. When feasible, and

  where equipmentis currentlyavailable, Unionstewards and/orofcers

may utilize electronic mail and/or facsimile equipment for the purpose of

investigating or processing grievances. Such transmission will be primarily

to expedite communication regarding such matters, will be reasonable with

respect to time and volume, and will be consistent with this Article. Such

use shall not include any long distance or toll calls at the expense of the

Employer.

c) The Employer shall not be responsible for any travel or subsistence

expenses incurred by employee or Union representatives in the processing

of grievances.

d) Interpreters and Interpreting Equipment: The Employer will provide

  qualied interpreters and interpreting equipment as necessary for a

reasonable accommodation.

Section 7. Advanced Grievance Step Filing

Certain issues which by nature are not capable of being settled at a preliminary

step of the grievance procedure or which would become moot due to the length of

time necessary to exhaust the grievance steps, such as those pertaining to Article

XXIII,Section3,maybymutualagreementbeledattheappropriateadvance

step where the action giving rise to the grievance was initiated.

Mutual agreement shall take place between the appropriate Union representative

and the appropriate Employer representative at the step where it is desired to

initiate the grievance.

Section 8. Pertinent Witnesses and Information

Except as otherwise provided in Steps 4(b) and 4(c), either party may request

the production of specic documents, books, papers or witnesses reasonably

available and substantially pertinent to the grievance under consideration.

Such request shall not be unreasonably denied, and if granted shall be in

conformance with applicable laws, and rules issued pursuant thereto, governing

the dissemination of such materials.

Requests to interview the other party’s witnesses shall be made through

the appropriate representatives. Each party shall have the right to have its

representatives present during all such interviews.

Once the Union has requested the information from the Agency and the

[16]

request is unreasonably denied, the Union may petition the Director of Central

Management Services who shall subpoena the substantially pertinent material

and/or witnesses in conformance with the provisions of this Section and his/her

statutory powers within ten (10) working days of receiving such request. The

operating Agency shall have ten (10) working days to respond to the subpoena.

Any delay shall not penalize the grievant.

ARTICLE VI

Union Rights

Section 1. Union Activity During Working Hours

Employees shall, after giving appropriate notice to their supervisor

(including the location and approximate duration of the meeting), be allowed

reasonable time off with pay during working hours to attend grievance

hearings, labor/management meetings, negotiations of their own agency

and/or facility supplemental agreements, meetings covering modications

of supplemental agreements, committee meetings and activities if such

committees have been established by this Contract, or meetings called or

agreed to by the Employer, if such employees are entitled or required to attend

such meetings by virtue of being Union representatives, stewards, witnesses,

or grievants, and if such attendance does not substantially interfere with the

Employer’s operations. Any employee exercising rights under this Section

shall be limited to his/her operating agency unless the employee is requesting

to attend such meetings or hearings at a worksite that does not have a steward

or representative available or the employee is an ofcer or representative

of a conglomerate local representing more than one state agency. For

conglomerate locals which cover multiple work locations, only one (1)

ofcerorrepresentativeshallbepermittedtoleaveagivenworksiteandonly

one(1)ofcerorrepresentativeshallbepermittedtovisitagivenworksite

of another agency at one time for purposes of this section. Where current

practice exists, local union representatives shall be authorized to bring union

owned electronic devices, i.e., laptop computers, etc., on state premises for

the purposes of performing union business. Abuse of this Section may result

in termination of this practice. Extensions of this practice shall be subject

to agency/facility supplemental negotiations taking into account legitimate

security needs of the agency/facility.

After giving appropriate notice to their supervisor outside the bargaining

unit, employees shall be allowed time off without loss of pay to attend

certiedstewardstraining,ifsuchattendancedoesnotsubstantiallyinterfere

with the Employer’s operations. Such training shall not exceed two (2) work

days for each steward for the term of this Agreement. The employee shall

provide proof of attendance.

[17]

Section 2. Access to State Premises by Union Representatives

  a)The Employer agrees that local representatives and ofcers and

AFSCME staff representatives shall have reasonable access to the

premises of the Employer, giving notice upon arrival to the appropriate

Employer representative. By mutual arrangement with the Employer

in emergency situations, Union staff representatives or local Union

representatives may call a meeting during work hours to prevent,

resolve or clarify a problem. The Union shall not abuse this right and

such right of entry shall at all times be conducted in a manner so as not

to impede normal operations.

b) Upon request, the Union shall be allowed the use of electronic mail

on a semi-annual basis to solicit personal e-mail addresses of all

AFSCME represented employees (excluding Department of Military

Affairs). The parties shall meet to discuss the method and content of

the solicitation.

c) The Union shall be allowed to use the facility mailboxes, excluding

the Department of Military Affairs, of the Employer to communicate

with bargaining unit employees. Such use shall not be political, partisan

or defamatory in nature.

Section 3. Time Off for Union Activities

Local Union representatives shall be allowed time off without pay for

legitimate Union business such as Union meetings, Union administration,

State or area wide Union committee meetings, Union training sessions, State-

wide contract negotiations, State or International conventions. AFSCME

Council 31 shall endeavor to supply the Department of Central Management

Services with a list of such scheduled events by February 1

st

of each year.

Prior to leaving the worksite, local union representatives shall give reasonable

notice to their supervisor (including the approximate duration of time away

from the worksite) of such absence and shall be allowed such time off if it

does not substantially interfere with the operating needs of the Employer.

The Employer shall not involve itself in the internal affairs of the Union by

approving or disapproving time off for union activities based upon the nature

of the legitimate union business. The employee may utilize any accumulated

time (compensatory time, holiday, personal, vacation days) in lieu of taking

such without pay.

Such time off shall not be detrimental in any way to the employee’s

record.

Employees absent from work pursuant to this Section shall continue

to accrue seniority, continuous service and creditable service during such

absences.

[18]

Section 4. Union Bulletin Boards

The Employer shall continue to provide bulletin boards and/or space at

each work location as well as access by the designated union representatives

at the Agency to electronic bulletin boards where they exist. The number,

size and location of each shall be mutually agreed to by the parties in local

level negotiations. Upon request by the Union, agencies shall explore the

development and maintenance of electronic bulletin boards. Electronic

bulletin boards may be implemented where practicable. The boards shall be

for the sole and exclusive use of the Union. The items posted shall not be

political (including solicitation of funds or volunteers for a political candidate

or political party), partisan or defamatory in nature. Nor shall such literature

be posted in an employee’s work space.

Section 5. Information Provided to Union

At least once each month, the Agency shall provide the Union with a

list in an agreed upon format of all bargaining unit employees within the

Agency. Where such information is readily available, the list shall include all

employees’ date of birth, sex, bargaining unit; department, division, section,

and unit title; position number, employee identication number, work

location, work site (street address and building), work county, home address,

work telephone number, work email address, home and mobile telephone

number,personalemailaddress,jobclassication,paygrade,step,payrate,

date of hire, continuous service, and seniority.

The parties shall establish a committee comprised of representatives

from Central Management Services and AFSCME Council 31 to develop an

agreed upon format and process for employee information to be reported to

the Union in a timely manner consistent with the terms set forth above.

At least once each month, the Employer shall provide the Union in

writing of the following personnel transactions/data in an agreed upon format

involving bargaining unit employees within each agency and on a work

location basis: New hires, promotions, bid numbers where such are used,

demotions, reallocations, superior performance increases, layoffs, reem-

ployments, transfers, leaves, returns from leave, suspensions, discharges,

terminations and the last four digits of the Social Security numbers. The last

four digits of the Social Security numbers shall be provided until alternative

employee identication numbers have been fully implemented by the

Employer.Oncetheidenticationnumbersystemisimplemented,theparties

will discuss the impact of replacing the last four digits of the Social Security

numberwiththenewidenticationnumber.

The Employer shall notify both Council 31 and the Local Union via

electronic mail of all new persons hired into bargaining unit positions as soon

as practicable, which shall normally be within two (2) work days after the new

employee’s start date. No later than 10 work days after the employee’s start

[19]

date, the Employer shall provide the Union with a list of all new employees

with the same information and in the same format as is provided to the Union

for all bargaining unit employees on a monthly basis.

In addition, the Employer shall furnish the Union every ninety (90) days

the current seniority rosters and reemployment lists, applicable under the

seniority provisions of this Agreement.

In all transactions listed above, the last four digits of the employees’

SocialSecuritynumbersandemployeeidenticationnumbers,ifavailable,

shall be provided. The Union shall upon request receive such information in an

agreed upon format, from the Department of Central Management Services.

The last four digits of the Social Security numbers shall be provided until

alternativeemployeeidenticationnumbershavebeenfullyimplementedby

the Employer. Once the identication number system is implemented, the

parties will discuss the impact of replacing the last four digits of the Social

Securitynumberwiththenewidenticationnumber.

Each agency will provide the Union with information concerning

temporary assignments when such information becomes available and in a

form mutually agreed upon between the Agency and the Union. The frequency

and other details of the provision of such information will be determined by

the parties in Supplementary negotiations.

The Employer will notify the Union when a bargaining unit position

(vacant or otherwise) is abolished and upon request discuss with the Union

such abolishment.

Section 6. Distribution of Union Literature

During employee’s non-working hours, he/she shall be permitted to

distribute Union literature to other non-working employees in non-work

areas and in work areas during non-work hours giving notice upon arrival

to the appropriate supervisor of the building or work location as applicable.

He/she shall be allowed access to general public entrances, public hallways,

cafeterias, etc., for such purposes. Such Union literature shall not solicit

funds for a political candidate or political party.

However, the parties recognize that at some worksites, a staggered

schedule for breaks and meal periods or starting and quitting times creates the

condition in which some employees are always working while others are not.

Where distribution would consequently be disruptive of working employees,

it shall normally be carried out while the largest number of employees are on

rest or meal periods or other non-working time.

Section 7. Union Meetings on State Premises

The Employer agrees to make available State conference and meeting

roomsforUnionmeetingsuponpriornoticationbythedesignatedUnion

representative, unless to do so would seriously interfere with the operating

[20]

needs of the Employer, or cause additional cost or undue inconvenience to the

Employer.

Section 8. Rate of Pay

Any time off with pay provided for under this Article shall be at the

employee’s regular rate of pay as though the employee were working.

Section 9. Stewards and Union Representatives

Those employees acting as stewards and/or Union representatives shall

not receive preferential treatment with regards to shift or job assignments.The

Employer agrees, however, that such employees shall be reassigned because

of operational needs only and not because of legitimate Union activity.

Section 10. Union Orientation

A)The current practices with respect to Union orientation of new

employees in those agencies where the Union conducts said

orientation shall continue, provided that such practices do not

  conictwiththeprovisionsofthisagreement.

B) The Union shall be permitted to conduct an orientation pro-

gram of new employees, and current employees who transferred

to a different agency. The orientation may be conducted in-person

or virtually at the request of the Union. Requests for either

presentation shall not be unreasonably denied. The Union

  shall conduct union orientation during the employee’s rst two

weeks of employment in the bargaining unit or new agency at a

time mutually agreeable to the parties. Nothing herein shall

preclude either party from exercising its rights to conduct its new

employee orientation at a later date at a time mutually agreeable to

the parties. The Union orientation period shall be for up to one (1)

hour, and shall take place during the employee’s regular working

hours with no loss of pay to the employees involved. Nothing herein

shall prevent the parties from agreeing to allowing more time.

Where group orientation exists and is within the parameters set herein,

such orientation shall continue. If the employee is unavailable during

  thersttwoweeks,suchorientationwilloccurassoonaspracticable

after the employee becomes available. The mechanics of Union

orientation shall be determined pursuant to the Memorandum of

Understanding entitled “Supplemental Agreements.” All agencies shall

endeavor to conduct their new employee orientation (including for

  currentemployeestransferringtoadifferentagency)withintherst

two weeks of employment. Upon the Union’s request, Union orientation

shall be scheduled in conjunction with any aspect of the Agency’s in

  persononboardingprocessaftertheemployee’sofcialstartdatewith

[21]

the Agency.

C) The Employer shall inform the Union of all such hiring as set

forth in Section 5 and the Union shall inform the Employer of the

Union representative who will carry out the Union orientation.

D) By mutual arrangement regarding time and place with the Employer,

the Union shall be allowed to orient, educate and update each employee

for up to one (1) hour, during the term of the contract for the purpose

of informing employees of their rights and obligations under this

collective bargaining agreement, and without loss of pay for the

employees involved. Nothing herein shall prevent the parties

from agreeing to allowing more time. New hires shall be included in

  such orientation during the rst few weeks of their orientation or

training with an additional hour for follow up orientation within a year

of the date of hire.

E) Such attendance by employees shall be without loss of pay for the

employees involved.

ARTICLE VII

Labor/Management Committee Meetings

For the purpose of maintaining communications between labor and

management in order to cooperatively discuss and solve problems of mutual

concern:

a) The head of each work location or his/her designee shall meet monthly

with the appropriate Union committee representing this bargaining unit

or, if the parties agree, combined meetings with other AFSCME

bargaining units. Less frequent meetings may occur by mutual

agreement of the parties.

b) The agency head and/or his/her designees shall meet with the Union at

least once every six (6) months.

c) The Department of Central Management Services shall meet with the

Union at least once every six (6) months.

The above meetings shall be scheduled at a time, place and date mutually

agreed upon. More frequent work location meetings may be held when

necessary at the request of either party. Such meetings shall be conducted

combining all bargaining units unless mutually agreed otherwise.

Each party shall normally prepare and submit an agenda to the other

two (2) weeks prior to the scheduled meeting. Notwithstanding the forgoing,

nothing shall preclude either party from adding agenda items prior to the

meeting. Minutes shall be taken and forwarded to the parties. These meetings

may be attended by a reasonable number of AFSCME staff representatives and

Local Union representatives from facilities or work locations as designated

by the Union, except past practice in regards to the number of employees for

[22]

the RC-6 and RC-9 bargaining units shall prevail.

(RC-42 only)

Monthly labor management meetings may be attended by no more than

three (3) bargaining unit employees and by a reasonable number of AFSCME

staff representatives and local Union representatives from facilities or

work locations as designated by the Union. The six (6) month agency labor

management meetings may be attended by no more than six (6) bargaining

unit employees, except that the Department of Natural Resources is allowed

eight (8) bargaining unit employees. The state-wide six (6) month labor

management meeting with the Department of Central Management Services

shallbeattendedbynomorethanfteen(15)bargainingunitemployees.

ARTICLE VIII

Work Rules

Section 1. Rules of Personal Conduct

The Employer has the right to establish reasonable rules of personal

conduct and will notify the employees and the Union within ten (10)

workingdaysinadvanceofanynewormodiedrulesofpersonalconductor

regulations.

Section 2. Procedural Work Rules

Prior to establishing or changing procedural work rules or regulations,

such as off-duty uniform usages, absent or tardy call-ins, doctors’ statements

for absences, parking violations and other similar matters, the Employer shall

meet with the Union in a timely manner for the purpose of consultation and

negotiations. Such procedural work rules and/or regulations shall either be

posted or otherwise made available to affected employees.

Section 3. State Ofcials and Employees Ethics Act

Employees shall comply with the provisions set forth in the State

OfcialsandEmployeesEthicsAct(5ILCS430),providedthatnothingin

this Section shall be deemed to diminish the rights, privileges, or remedies of

a State employee under any other federal or State law, rule, or regulation or

under any collective bargaining agreement or employment contract.

ARTICLE IX

Discipline

Section 1. Denition

A. The Employer agrees with the tenets of progressive and corrective

discipline. Disciplinary action or measures shall include only the

following:

[23]

a) Oral reprimand;

b) Written reprimand;

c) Suspension (notice to be given in writing); and

d) Discharge (notice to be given in writing).

Disciplinary action may be imposed upon an employee only

for just cause. An employee shall not be demoted for disciplinary

reasons. Discipline shall be imposed as soon as possible after the

Employer is aware of the event or action giving rise to the discipline

and has a reasonable period of time to investigate the matter.

Discipline shall be found to be untimely if:

1) The lapse in time on its face indicates that the State did not impose

discipline “as soon as possible.

2) The delay cannot be reasonably explained.

3) The delay, even if reasonably explained, either so impeded the

grievant’s ability to mount a defense, or otherwise prejudiced

the grievant that the State should be barred from imposing

discipline.

In any event, the actual date upon which discipline commences

  maynotexceedforty-ve(45)daysafterthecompletionofthepre-

disciplinary meeting.

The parties recognize that counselling and corrective action plans

are not considered disciplinary actions.

B. All agencies, boards, and commissions with employees covered

  under the Master Contract shall be bound by the Afrmative

Attendance Memorandum of Understanding.

An employee shall, whenever possible, provide advance notice

  of absence from work. Absence of an employee for ve (5)

consecutive work days without reporting to the Employer or the

  persondesignatedbytheEmployertoreceivesuchnoticationmay

be cause for discharge. The above provision shall not apply so long

  astheemployeethennotiesassoonasitisphysicallypossible.

Section 2. Manner of Discipline

If the Employer has reason to discipline an employee, it shall be done in

a manner that will not embarrass the employee before other employees or the

public.

Section 3. Suspension Pending Discharge

The Employer may suspend an employee for up to thirty (30) calendar

days pending the decision whether or not charges for discharge shall be

ledagainsttheemployeeandsuchactionsshallnotbesubjecttoArticleV,

Grievance Procedure. If suspension pending discharge is replaced by another

disciplinary action, written notice will be issued and such action may be

[24]

subject to the grievance procedure.

Section 4. Pre-Disciplinary Meeting

For discipline other than oral reprimands, the Employer shall hold a

pre-disciplinary meeting. Pre-disciplinary meetings and employee review

hearings shall be held during the employee’s worktime. If arrangements for

such cannot reasonably be made, the hearing shall be scheduled immediately

preceding or immediately following the employee’s shift on the employee’s

workday. An employee whose hearing begins after the end of his/her shift

shall be paid from the end of his/her shift through the end of his/her hearing

at the appropriate rate. An employee whose hearing begins before the start

of his/her shift shall be paid from the time the hearing is scheduled through

the start of the employee’s shift at the appropriate rate. Should the hearing be

postponed or rescheduled at the request of the employee and/or the Union

at a time other than before, during, or after the employee’s shift, provisions

for payment shall not apply. An employee’s Working Supervisor may be

allowed to conduct pre-disciplinary meetings under supervision of a non-

bargaining unit supervisor. The role of Working Supervisors who are union

representatives shall be to provide relevant information or to attend pre-

disciplinary meetings to assist in the process. The limitation of said duties

shall not be detrimental in any way to the Working Supervisor’s record.

Prior to notifying the employee of the contemplated measure of

discipline to be imposed, the Employer shall notify the Union of the meeting

and reasonably in advance of such meeting shall provide the Union with

the alleged infraction and shall make every reasonable effort to provide

all documentation being used by the Employer to substantiate the alleged

infraction. The Employer then shall meet with the employee involved and

inform him/her of the reasons for such contemplated disciplinary action

including any names of witnesses and copies of pertinent documents.

Employees shall be informed of their rights to Union representation and shall

be entitled to such, if so requested by the employee, and the employee and

Union representative shall be given the opportunity to rebut or clarify the

reasons for such discipline. If a rebuttal is not presented at the time of the

pre-disciplinarymeeting, arebuttal shallbe providedwithin ve(5) work

days by the employee or the Union, provided that the documentation has been

supplied reasonably in advance of the meeting as set forth in this section.

Reasonable extensions of time for rebuttal purposes will be allowed

when warranted and if requested. If the employee does not request Union

representation, a Union representative shall nevertheless be entitled to be

present as a non-active participant at any and all such meetings. Except for

discipline pursuant to an agreed upon time abuse policy, the current procedure

for pre-suspension/pre-separation hearings in Cook County Public Aid shall

continue, unless amended by the parties in supplemental negotiations.

[25]

Section 5. Oral Reprimands

In cases of oral reprimands, the supervisor must inform the employee

that he/she is receiving an oral reprimand and of their right to Union

representation, which shall be provided if so requested. The employee shall

also be given reasons for such discipline, including any names of witnesses

and copies of pertinent documents. Notations of oral reprimands placed

intheemployee’spersonnelleshallbeprovidedtotheemployeeandthe

Union.

Section 6. Notication and Measure of Disciplinary Action

a) In the event disciplinary action is taken against an employee, other

than the issuance of an oral reprimand, the Employer shall promptly

furnish the employee and the Union in writing with a clear and concise

statement of the reasons therefore. The measure of discipline and

  thestatementofreasonsmaybemodied,especiallyincasesinvolving

suspension pending discharge, after the investigation of the total

facts and circumstances. But once the measure of discipline is

determined and imposed, the Employer shall not increase it for

the particular act of misconduct which arose from the same facts and

circumstances. The Employer shall notify an employee of his/her

suspension prior to its effective date. If the Employer is unable

to contact the employee, the Employer shall notify the Union prior to

the effective date of the suspension.

b) An employee shall be informed that he/she is entitled to the presence of

a Union representative at non-criminal investigatory interviews

conducted by an agency’s Inspector General or internal affairs unit,

the Executive Inspector General or the Illinois State Police Division

of Internal Investigations. If such an interview is to be conducted

  awayfromtheemployee’sworksite,theemployeeshallbesonotied

prior to leaving his/her worksite. In the case of all other non-criminal

investigatory interviews, the person conducting the interview shall

inform an employee that he/she is entitled to the presence of a Union

representative not later than the commencement of the interview,

provided that the subject matter of the interview could cause a

reasonable person to believe that the employee could be disciplined as

a result of the interview.

An employee shall be entitled to the presence of a Union representa-

tive at an investigatory interview if he/she requests one and if the

employee has reasonable grounds to believe that the interview

may be used to support disciplinary action against him/her. Such

Union representative may be present during an investigatory interview

for the purpose of protecting an employee’s rights under the Collective

Bargaining Agreement; however, such Union representative shall

[26]

not act in such a manner so as to obstruct the investigation. It is

understood by the parties that an employee’s statement, either oral or

written, made in investigatory interviews when representation is

requested by the employee and denied shall not be used against him/

her in any subsequent disciplinary action. All time spent by an

employee, including travel time, who is required by the Employer

to attend an investigatory interview away from the employee’s

regular workplace shall be paid by the Employer at the appropriate

rate. All related travel costs shall be paid pursuant to the Travel

Control Board rules. An employee who signs an investigatory interview

statement shall be given a copy of the signed statement upon completion

of the investigation, if requested, and in advance of any disciplinary

meeting. An employee who is required to attend a subsequent

interview(s) shall have the opportunity, if available, to review his/

her prior signed written statement(s) at the beginning of such

interview(s), upon request. Written statements created as a result of

an oral investigatory interview shall be prepared by the investigator

unless the employee being interviewed elects to prepare their

own statement. If the signed written statement(s) is unavailable when

requested by the employee, the employee shall not be adversely

impacted by the Employer’s failure to provide said statement(s).

Following such an investigation the employee and the Union shall be

  notiedinwritingthattheinvestigationiscomplete.Ifaninvestigation

of alleged employee misconduct does not lead to discipline the

  employee shall receive written notication that the investigation is

  closedwithoutchargesbeingled,andtheallegationsofmisconduct

  willnotbecomepartoftheemployee’spermanentlenorbeusedto

adversely affect the employee’s contractual rights.

The employee shall be provided written notice prior to the

  commencementofaninterviewinanofcialinvestigationcontaining

the following information:

i) If you believe that this interview could, in any way, lead to

discipline or termination on your part, you have the right to consult

with a Union representative prior to this interview and have that

steward present during this interview.

ii) If your request for a Union steward is denied, you have the

right to refuse to answer any question that I ask.

iii) If requested, you have the right to consult a Union steward prior

to any searches or tests affecting your person, property or effects.

c) Nothing in this Section shall prevent the Employer from relieving

employees from duty in accordance with its practice. The employee

shall not lose any wages because of such release.

d) Interpreters and Interpreting Equipment: The Employer will provide

[27]

  qualied interpreters and interpreting equipment as necessary for a

reasonable accommodation.

Section 7. Removal of Discipline

Any written reprimand or discipline imposed for tardiness or absenteeism

shall be removed from an employee’s record if, from the date of the last

reprimand or discipline, two (2) years pass without the employee receiving an

additional reprimand or discipline for such offense. The two (2) year period

shall be extended by any leave of absence or disciplinary suspension.

Any reprimand for other causes shall be removed from the employee’s

record based on the above criteria. Such removal shall be at the request of the

employee but in any case shall not be used against the employee.

Section 8. Polygraph

No employee shall be required to take a polygraph examination as a

condition of retaining employment with the Employer nor shall be subject

to discipline for the refusal to take such. An AFSCME representative may

accompany a bargaining unit employee to a polygraph examination. The

representative may review the polygraph questions but may not be present

during the administration of the polygraph examination.

Section 9. Electronic Monitoring

Information obtained by the Employer as the result of electronic

monitoring via video will not be relied on by the Employer as the sole

basis either for initiating or supporting employee discipline. The Employer

reserves the right to initiate an investigation based upon information obtained

as the result of electronic monitoring only when independent, substantiating

evidence has been obtained.

The positioning of electronic monitoring equipment shall be done with

the intention of providing a safe and secure work environment and not for the

primary purpose of engaging in employee surveillance.

ARTICLE X

Vacations

Section 1. Amounts

Employees, except emergency, temporary and those paid pursuant to

Part II, Section 3 of the Pay Plan, shall earn vacation time. No employee

on leave of absence may earn vacation except when the leave was for the

purpose of accepting a temporary working assignment in another class.

Eligible employees shall earn vacation time in accordance with the

following schedule:

 a)From the date of hire until the completion of ve (5) years of

[28]

continuous service: ten (10) work days per year.

 b)Fromthecompletionofve(5)yearsofcontinuousserviceuntilthe

  completionofnine(9)yearsofcontinuousservice:fteen(15)work

days per year.

c) From the completion of nine (9) years of continuous service until the

completion of fourteen (14) years of continuous service: seventeen

(17) work days per year.

d) From the completion of fourteen (14) years of continuous service

until the completion of nineteen (19) years of continuous service:

twenty (20) work days per year.

e) From the completion of nineteen (19) years of continuous service until

  thecompletionoftwenty-ve(25)yearsofcontinuousservice:twenty-

two (22) work days per year.

 f) From completion of twenty-ve (25) years of continuous service:

  twenty-ve(25)workdaysperyear.

Probationary employees earn vacation and may use such during their

original six (6) months probationary period at the discretion of the Employer.

Employees must be in paid status at least one-half (1/2) of the work days of

the month to be credited for their earned vacation for that month.

Section 2. Vacation Time

Vacation time may be taken in increments of not less than one-half (1/2)

day at a time, and any time after it is earned. Supervisors may however, grant

employeerequeststousevacationtimeinsmallerincrementsoffteen(15)

minutes after a minimum use of one-half (1/2) hour. Vacation time shall not

be accumulated for more than twenty-four (24) months after the end of the

calendar year in which it is earned.

Vacation time earned shall be computed in workdays.

After an employee’s earned vacation time has been so computed, if there

remains a fractional balance of one-half (5/10) of a workday or less, the

employee shall be deemed to have earned vacation time of one-half (5/10)

of a workday, in lieu of the fractional balance; if there remains a fractional

balance of more than one-half (5/10) of a workday, the employee shall be

deemed to have earned a full workday of vacation time in lieu of a fractional

balance.

Such rounding off of fractional balances shall only be done upon an

employee’s request for vacation days in increments of ve (5) or more.

However, no employee shall accumulate more than one (1) day per calendar

year by rounding off under this Section.

Section 3. Interrupted Service

Computation of vacation time of State employees who have interrupted

continuous State service shall be determined as though all previous State

[29]

servicewhichqualiedfor earningof vacationbenetsis continuouswith

present service. The rule provided in this paragraph applies to vacation time

earned on or after October 1, 1972.

Section 4. Part-time and Intermittent Employees

Part-time employees shall earn vacation in accordance with the schedule

set forth in Section 1 of this Article on a pro-rated basis determined by a

fraction the numerator of which shall be the hours worked by the employee

and the denominator of which shall be the normal working hours in the

year required by the position. Intermittent employees shall earn vacation in

accordance with the current practice.

Section 5. Vacation Schedules

Subject to Section 6 and the Employer’s operating needs, vacations shall

be scheduled as requested by the employee in writing. The Employer shall

respondtovacationrequestswithinve(5)workdays.Wherecurrentpractice

provides for a quicker response, such practice shall continue. Once scheduled

vacation is approved it will only be canceled if the Employer’s operating needs

require that employee’s services. The necessity of an overtime assignment

shall not be a consideration in the cancellation of approved vacation.

Employees selected for promotion shall not have scheduled vacation time

cancelled solely due to the promotion. In any event, upon request, vacation

time must be scheduled so that it may be taken no later than twenty-four

(24) months after the expiration of the calendar year in which such vacation

time was earned. If an employee does not request and take accrued vacation

within such twenty-four (24) month period, vacation earned during such

calendar year shall be lost. Except that the period of time an employee is on

an approved leave of absence pursuant to Article XXIII, Leaves of Absence,

shall not count toward the twenty-four (24) month period.

Section 6. Vacation Schedules by Seniority

By January 31 of each calendar year, employees may submit in writing

to the Employer their preferences for different time periods for vacation,

provided an employee may not submit more than three (3) preferences. Such

request may include vacation through the end of February of the following

calendar year. In establishing vacation schedules, the Employer shall consider

both the employee’s preference and the operating needs of the agency. Where

the Employer is unable to grant and schedule vacation preferences for all

employeeswithinapositionclassicationwithinafacilitybutisabletogrant

some of such (one or more) employees such vacation preferences, employees

within the position classication shall be granted such preferred vacation

period on the basis of seniority. An employee who has been granted his/her

rstpreferenceshallnotbegrantedanotherpreferencerequestifsuchwould

[30]

requiredenialoftherstpreferenceofalesssenioremployee.Anemployee’s

preferenceshallbedenedasaspecicblockoftimeuninterruptedbywork

days.

 EmployeeswholetheirpreferencebyJanuary31,shallbenotiedofthe

vacation schedules by March 1 of that calendar year. Employees requesting

vacation time who have moved at their prerogative to a different work unit,

andwhosepreferenceconictswithanotheremployeeinthatworkunit,or

thoseemployeeswhohavenotledtheirpreferencebyJanuary31orwere

not granted such request, shall be scheduled on the basis of the employee’s

preference and the operating needs of the Employer.

Section 7. Payment in Lieu of Vacation

a) If because of operating needs the Employer cannot grant an employee’s

request for vacation time within the twenty-four (24) month period

after the expiration of the calendar year such time was earned,

such vacation time shall be liquidated in cash at straight time provided

the employee has made at least three (3) requests, each for different

time periods, for such time within the calendar year preceding

  liquidation, or it may be accumulated indenitely subject to the

provisions of this Article.

b) No salary payment shall be made in lieu of vacation earned but not

taken except as in (a) above and on termination of employment for

eligible employees with at least six (6) months of continuous service

in which case the effective date of termination shall not be extended

by the number of days represented by said salary payment.

c) An employee who is indeterminately laid off pursuant to Article

XX, Section 2, may receive lump sum payment in lieu of unused

vacation under this Section at the request of the employee and with

determination by the agency that funds are so available, otherwise the

employee shall be paid from the regular payroll on a day-for-day basis

until such accrued vacation is liquidated.

 Suchliquidationofvacationbenetsdoesnotextendtheeffectivedate

oflayoffandnoadditionalbenetsshallbeearnedorgrantedduringsuch

periodofliquidationofvacationbenets.

 Intheeventanagencyspeciesinthelayoffplanapprovedinaccordance

with Personnel Rule 302.520 that the employee is to be recalled under Article

XX, Section 5, Recall, on a certain date, the payment of salary in lieu of

vacation may be withheld, with the payment becoming due on the date the

employee is scheduled to return if in fact the employee is not recalled on that

date.

In the event an employee is returned to active employment in trainee,

provisional, probationary, certiedor exempt status during such period of

liquidationofvacationbenets,paymentshallceaseandtheunpaidbalance

[31]

credited to the employee’s vacation account. If the return is to any other status,

the liquidation shall be completed, unless the employee requests otherwise.

Section 8. Payment on Death of Employee

 UponthedeathoftheStateemployee,thepersonorpersonsspeciedin

Section 14a of “an Act in relation to State Finance,” approved June 10, 1919,

as amended, shall be entitled to receive from the appropriation for personal

services theretofore available for payment of the employee’s compensation

such sum for any accrued vacation period to which the employee was entitled

at the time of death. Such shall be computed by multiplying the employee’s

daily rate by the number of days accrued vacation due.

Section 9. Disposition of Work During Vacation

Insofar as practicable during an employee’s vacation, the Employer shall

assign non-individual work to other employees. Upon return from vacation,

an employee shall be allowed reasonable time to review work done during

his/her absence.

Section 10. Vacation Pay/Academic Year Educators (RC-63)

Beginning with the academic school year 2000, permanent, full-time

academic year Educators shall earn vacation in accordance with the following

schedule:

a) From the completion of one (1) year of service until the completion of

ten (10) years of service: three (3) work days per year of employment

b) From completion of ten (10) years of service until the completion of

  fourteen (14) years of service: ve (5) work days per year of em-

ployment.

c) From completion of fourteen (14) years of service until the com-

pletion of nineteen (19) years of service: eight (8) work days

per year of employment.

d) From completion of nineteen (19) years of service until the completion

  oftwenty-ve(25)yearsofservice:eleven(11)workdaysperyearof

employment.

 e)Fromcompletionoftwenty-ve(25)yearsofservice:fourteen(14)

work days per year of employment.

 Paymentforsuchvacationshallbepaidincashduringthe scalyear

in which it was earned unless the Superintendent at his/her discretion grants

employee requests for vacation time usage during the academic year.

[32]

ARTICLE XI

Holidays

Section 1. Amounts

All employees shall have time off, with full salary payment on the

following holidays or the day designated as such by the State:

New Year’s Day

Martin Luther King Day

Lincoln’s Birthday

Presidents’ Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veterans’ Day

Thanksgiving Day

Friday Following Thanksgiving Day

Christmas Day

General Election Day

(on which members of the House of Representatives are elected) and any

additional days proclaimed as holidays or non-working days by the Governor

of the State of Illinois or by the President of the United States.

Section 2. Equivalent Time Off

When a holiday falls on an employee’s scheduled day off, or an employee

works on a holiday, equivalent time off shall be granted within the following

twelve (12) month period. It shall be granted on the day requested by the

employee unless to do so would interfere with the Employer’s operations, in

which event the employee’s next requested day off shall be given or cash paid

inlieuthereof,oraccumulatedindenitely.

Holiday time off may be taken in increments of one-half (1/2) day,

except where current practice so provides it may be taken in increments of

less than one-half (1/2) day in accordance with that practice. Notwithstanding

the above, supervisors may grant employee requests to use holiday time in

smallerincrementsoffteen(15)minutesafteraminimumuseofone-half

(1/2) hour.

Section 3. Cash Payment

In lieu of equivalent time off as provided for in Section 2 above, an

employee who works either the actual holiday or the observed holiday may

choose to receive double time cash payment, except an employee who works

[33]

on only Labor Day, Thanksgiving Day or Christmas Day may choose to

receive double time and one-half cash payment in lieu of time off. When an

employee works (excluding roll-call) on a day on which a holiday falls, either

the actual holiday or the observed holiday, he/she shall receive equivalent

time off or cash payment in the amounts specied above for any time in

excess of his/her regular hours of work. (For RC-6, 9 and CU-500, equivalent

timeofforcashpaymentasspeciedaboveshallapplytoalltimeworkedon

the actual holiday only.)

Section 4. Advance Notice

Employees scheduled to work a holiday shall be given as much advance

notice as practicable. (RC-62 and RC-63 only) Such holiday scheduling shall

be from among employees who perform the actual duties and responsibilities

of the necessary work and shall be on a seniority rotation basis subject to the

operating needs of the agency.

Section 5. Holiday During Vacation

When a holiday falls on an employee’s regularly scheduled work day

during the employee’s vacation period, the employee will be charged with

that holiday and retain the vacation day.

Section 6. Eligibility

To be eligible for holiday pay, the employee shall work the employee’s

lastscheduledworkdaybeforetheholidayandrstscheduledworkdayafter

the holiday, unless absence on either or both of these work days is for good

cause and approved by the Employer.

Intermittent employees to be eligible for holiday pay shall work their

regularly scheduled day before the holiday and their regularly scheduled day

after the holiday within a period of ten (10) working days which shall include

the holiday.

It is understood by the parties that permanent part-time employees shall

be eligible for holiday payment in accordance with Article XI, Section 6, on

a pro-rated basis. Such pro-ration shall be according to the number of paid

holidays regular full-time employees receive. Part-time employees whose

schedules are specically weekends and holidays are excluded from this

provision.

Section 7. Accumulated Holiday Scheduling

Where the Employer is unable to grant the request from all employees

withinaposition classicationforaparticular dayoffin theutilization of

an accumulated holiday under this Article, but is able to grant some (one or

more) of such employees such day off, an employee(s) within the position

[34]

classicationshallbegrantedtherequesteddayoffonthebasisofseniority

provided such senior employee(s) has made such request at least two (2)

weeks prior to the requested accumulated holiday off. If no prior request was

made within the above time limits, such day off shall be granted in accordance

with Section 2 of this Article.

The Employer will, where possible, inform an employee of whether it

can grant the requestfor a particular day offwithin ve (5) days of such

request.

Section 8. Holiday Observance

When a holiday falls on a Sunday, the following Monday shall be

observed as the holiday. When a holiday falls on a Saturday, the preceding

Friday shall be observed as the holiday.

Section 9. Payment Upon Separation

Upon separation for any reason, the employee shall be paid for all

accrued holidays.

Section 10. Holiday Pay/Academic Year Educators (RC-63)

Permanent, full-time academic year Educators will receive double time

cash payment for work performed on ten (10) of the holidays designated in

Section 1 of this Article which occur during the academic year. Such holidays

shall be set forth in the school calendar at the discretion of the Superintendent

or his/her designee, but shall include Labor Day, Thanksgiving, and Christmas

Day.

Section 11. Holiday Work (RC-42 and Site Technicians I and II)

Where some but not all employees are scheduled to work a holiday, the

scheduling shall be offered on a seniority rotation basis.

ARTICLE XII

Hours of Work and Overtime

Section 1. General Provisions RC-6

a) “Consecutive Days and Hours” The regular hours of work each day

  shall be consecutive and the workweek shall consist of ve (5)

consecutive days beginning with the time the employee starts work

  ontherstdayofhis/herworkweek.Nothinghereinshallprohibitthe

establishment of twelve (12) hour shifts by mutual agreement of the

parties.

b) “Overtime Payment” Full-time employees shall be paid at the rate of

one and one-half times the employee’s straight time hourly rate for

all time worked outside of their normal work hours and/or work days

[35]

up to sixteen (16) hours in a twenty-four (24) hour period. For hours

worked in excess of sixteen (16) in a twenty-four (24) hour period,

employees shall be paid double time.

c) “Work Day and Work Week”

  (i)  Correctional Ofcers - 38 3/4 hours consisting of ve (5)

consecutive days of 8 1/4 consecutive hours, including an unpaid

lunch period of thirty (30) minutes per day and a roll-call period

    of fteen (15) minutes per day which shall be paid for in

accordance with Section 20 of this Article.

  (ii) Employees in other position classications except Youth

Counselors, Youth Supervisors and Dietary employees in Juvenile

    facilities consisting of ve (5) consecutive days of eight (8)

consecutive hours, including a thirty (30) minute unpaid lunch

period per day.

(iii) Youth Supervisors, Youth Counselors and Dietary employees

    positionclassicationsinJuvenilefacilities-forty(40)hours,

    consisting of ve (5) consecutive days of eight (8) hours,

including a thirty (30) minute paid lunch period per day.

d) “Lunch Period” Employees who receive an unpaid lunch period and

are required to work at their work assignments during such period

and who are not relieved, shall have such time counted as hours worked

for the purposes of Sections l(b) and l(c) above and shall be

compensated at the appropriate compensatory straight or overtime

rate, whichever may be applicable.

e) “Days Off”Foremployeesworkingwithinpositionclassicationsand

at facilities which require continuous coverage, scheduled work days

and scheduled days off shall be consecutive, but may fall on any day of

the work week.

f) “Tardiness and Absenteeism” The agency’s current practices and

policies regarding tardiness and absenteeism shall continue.

Section 2. General Provisions RC-9

a) “Consecutive Days and Hours” The regular hours of work each day

  shall be consecutive and the work week shall consist of ve (5)

consecutive days of work within regular reoccurring period of 168

hours consisting of seven (7) consecutive 24-hour periods. Exceptions

to the above may exist in local supplementary agreements.

b) “Work Day and Work Week” The normal work day shall be eight (8)

hours per day and the normal work week shall be forty (40) hours

per week. The present practice with regards to employees working

a straight eight (8) hours with a paid half hour lunch period, or

working a straight eight (8) hours with an unpaid half hour lunch

period, or working a straight eight and one-half hours with a half hour

[36]

unpaid lunch period, shall continue for the full term of this Agreement

and it shall be considered as a forty-hour work week.

c) “Overtime Payment” Full-time employees shall be paid at the rate of

one and one-half times the employee’s straight time hourly rate for

all time worked outside of their normal work hours and/or work days

up to sixteen (16) hours in a twenty-four (24) hour period. For hours

worked in excess of sixteen (16) in a twenty-four (24) hour period,

employees shall be paid double time. Employees who receive an

unpaid lunch period and are not required to work at their work

assignments during such period shall not have such time treated as

hours worked for the purpose of computing overtime.

d) “Lunch Period” Employees who receive an unpaid lunch period and

are required to work at their work assignments and who are not relieved

shall have such time treated as hours worked for the purpose of

computing overtime and shall be paid at the appropriate overtime rate.

e) “Tardiness and Absenteeism” The agency’s current practices and

policies regarding tardiness and absenteeism shall continue.

f) “Brieng Period” Where attendance is required at brieng and/or

  debrieng periods outsidethe employee’s normalwork hours, such

time shall be paid at the rate of one and one-half times the employee’s

straight time hourly rate.

Section 3. General Provisions RC-14

a) “The Work Day and the Work Week” The normal work day shall consist

of seven and one-half consecutive hours and the normal work week

  shallconsist of ve(5)consecutivework daysfollowedbytwo(2)

consecutive days off. Exceptions to the above are subject to local

level negotiations. Schedules normally requiring more than seven and

one-half hours of work each day shall be negotiated where serious

operational problems so dictate. If no agreement is reached, the issue

shall be submitted to arbitration. Past practice may continue if required

for such work schedules pending agreement or an arbitrator’s decision.

b) “Meal Period” Work schedules shall provide for the work day to be

broken at approximately mid-point by an uninterrupted, unpaid meal

period of not less than thirty (30) minutes and no more than one (1)

hour. However, this shall not preclude work schedules which provide

for a paid meal period. Such regularly scheduled paid meal periods

shall be treated as hours worked and shall be paid at the appropriate

straight or overtime rate, whichever is applicable.

When employees who normally receive an unpaid meal period are

required to work during that period and receive no equivalent time off

during the same shift at a reasonable alternative time, they shall have

such time treated as hours worked and shall be paid at the appropriate

[37]

straight or overtime rate, whichever is applicable. Present practices

regarding eating while on duty during meal periods shall remain in

effect.

c) “Late Arrival and Unauthorized Absence” There shall be no general

policy of docking for late arrival. Employees who are repeatedly late

may be docked until the problem has been corrected over a reasonable

period. However, this shall not limit the Employer’s right to dock

for unauthorized absence and/or resort to the disciplinary procedure

of this Agreement for excessive late arrival and/or unauthorized

absence. The threshold between late arrival and unauthorized absence

is one hour after the starting time.

d) “Overtime Payment” Full-time employees shall be paid at the rate of

one and one-half times the employee’s straight time hourly rate for

all time worked outside of their normal work hours and/or work days

up to sixteen (16) hours in a twenty-four (24) hour period. For hours

worked in excess of sixteen (16) in a twenty-four (24) hour period,

employees shall be paid double time.

e) “Overtime Procedure” Overtime shall be distributed as equally

as possible among the employees who normally perform the work in

  thepositionclassicationinwhichtheovertimeisneededandwithina

work unit as mutually agreed to between the parties. It shall be

distributed on a rotating basis among such employees in accordance

with seniority, the most senior employee having the least number

of overtime hours, regardless of whether the employee is full-time or

  part-time,beinggivenrstopportunity.Ifallemployeesavailableto

work the overtime hours decline the opportunity, the Employer shall

assign the overtime in reverse seniority order; the least senior employee

who has not been previously directed by the Employer to work

overtime shall be directed to work the hours until all employees have been

required to work at which time the process shall repeat itself.

For the purpose of equalizing the distribution of overtime, an

employee who is offered but declines an overtime assignment shall be

deemed to have worked the hours assigned.

New and temporarily assigned employees shall be credited with the

average overtime hours worked by all employees in the unit as of the

date of hire or temporary assignment.

Section 4. General Provisions RC-28 (except Site Technicians I and II)

a) “The Work Day and the Work Week”Theworkweekisdenedasa

regularly reoccurring period of 168 hours consisting of seven (7)

consecutive 24-hour periods. The normal work day shall consist of

seven and one-half (7 1/2) consecutive hours and the normal work

  weekshallconsistofve(5)consecutivedaysfollowedbytwo(2)

[38]

consecutive days off except for rotating schedules. Schedules normally

requiring more than seven and one-half (7 1/2) hours of work each

day shall be negotiated where serious operational problems so dictate.

If no agreement is reached, the issue shall be submitted to arbitration.

Past practice may continue for such work schedules pending agreement

or an arbitrator’s decision. Those facilities maintaining rotating

schedules shall not be obligated to pay for overtime for those regular

work schedules that provide for six (6) or more consecutive days of

work, unless employees on such schedules exceed forty (40) hours in

the work week.

b) “Regular Work Schedule” All employees (except intermittent and per

diem employees) shall be scheduled to work on a regular work

schedule and each work shift shall have a regular starting and quitting

time.

c) “Meal Period” Work schedules shall provide for the work day to be

broken at approximately mid-point by an uninterrupted, unpaid meal

period of not less than thirty (30) minutes and no more than one (1)

hour. However, this shall not preclude work schedules which provide

for a paid meal period. Those employees who receive an unpaid meal

period and are required to work at their work assignments and are not

relieved for such meal periods shall have such time treated as hours

worked for the purpose of computing overtime and shall be paid at the

appropriate straight time or overtime rate, whichever may be

applicable.

d) “Overtime Payment” Full-time employees shall be paid at the rate of

one and one-half times the employee’s straight time hourly rate for

all time worked outside of their normal work hours and/or work days

up to sixteen (16) hours in a twenty-four (24) hour period. For

hours worked in excess of sixteen (16) in a twenty-four (24) hour m

period, employees shall be paid double time. Compensation shall

be in cash at the appropriate rate unless mutually agreed otherwise.

Where current practice does not allow employees to elect compensatory

time, the employees’ request for compensatory time shall not be

unreasonably denied.

e) “Overtime Procedure” Overtime shall be distributed as equally

as possible among the employees who normally perform the work in

  thepositionclassicationinwhichtheovertimeisneededandwithin

a work unit as mutually agreed to locally between the parties. It shall

be distributed on a rotating basis among such employees in accordance

with seniority, the most senior employee having the least number of

overtime hours, regardless of whether the employee is full-time or

  part-time,beinggivenrstopportunity.Ifallemployeesavailableto

work the overtime hours decline the opportunity, the Employer shall

[39]

assign the overtime in reverse seniority order; the least senior employee

who has not previously been directed by the Employer to work

overtime shall be assigned to work the hours until all employees

have been required to work at which time the process shall repeat itself.

For the purpose of equalizing the distribution of overtime,

an employee who is offered but declines an overtime assignment shall

be deemed to have worked the hours assigned. New and temp-

orarily assigned employees shall be credited with the average

overtime hours worked by all employees in the unit as of the date of

hire or temporary assignment.

f) “Late Arrival and Unauthorized Absence” There shall be no general

policy of docking for late arrival. Employees who are repeatedly late

may be docked until the problem has been corrected over a reasonable

period. However, this shall not limit the Employer’s right to dock

for unauthorized absence and/or resort to the disciplinary procedure

of this Agreement for excessive late arrival and/or unauthorized

absence. The threshold between late arrival and unauthorized absence

is one hour after the starting time.

Section 5. General Provisions RC-42 and Site Technicians I and II

a) “The Work Day and the Work Week”Theworkweekisdenedasa

regularly reoccurring period of 168 hours consisting of seven (7)

consecutive 24-hour periods. The normal work day shall consist of

seven and one-half (7 1/2) consecutive hours and the normal work week

  shallconsistofve(5)consecutivedaysfollowedbytwo(2)consecutive

days off except for rotating schedules. Schedules normally requiring

more than seven and one-half (7 1/2) hours of work each day shall be

negotiated where serious operational problems so dictate. If no

agreement is reached, the issue shall be submitted to arbitration. Past

practice may continue for such work schedules pending agreement

or an arbitrator’s decision. Those work sites maintaining rotating

schedules shall not be obligated to pay for overtime for those regular

work schedules that provide for six (6) or more consecutive days of

work, unless employees on such schedules exceed 37 ½ hours in the

work week.

b) “Regular Work Schedule” All employees (except intermittent and

per diem employees) shall be scheduled to work on a regular work

schedule and each work shift shall have a regular starting and quitting

time. However, where agency practice provides for seasonal work

schedule changes, those changes may be implemented with a minimum

ten (10) work day notice to the Union and the employees. Such seasonal

work schedule changes shall not be subject to negotiation with the

Union. Subject to the operating needs of the agency, the Employer

[40]

will attempt to utilize as many seasonal employees as possible on

Saturdays, Sundays and other undesirable shifts to allow regular

employees to be scheduled off.