Section 101—Recognition
The Agency agrees and does recognize the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment of all permanent and full-time employees and permanent part-time employees as hereinafter defined in the appropriate unit certified by the NLRB in case no. 1-RC-18051, dated March 16, 1984.
As of July 1, 1994, such representation shall also include all non-supervisory, non-confidential permanent full-time employees and permanent part-time employees as hereinafter defined who, prior to July 1, 1994 were employed by either the Baird Center for Children and Families (Baird) or Champlain Drug and Alcohol Services, Inc. (CDAS).
An employee hired into a new position (in a new or existing facility) which requires work substantially identical to a position within the bargaining unit pursuant to the above paragraph shall be covered by this Agreement.
Section 102—Distribution of Agreement
The Collective Bargaining Agreement will be available to bargaining unit employees on the Agency’s intranet site.
Section 103—Definitions
A. Regular Full-Time Employee
An employee employed in a classification covered by this Agreement who is scheduled to work at least thirty-seven and one‑half (37.5) hours per week on a regular and continuous basis.
B. Regular Part-Time Employee
An employee employed in a classification covered by this Agreement who is scheduled to work at least three (3) hours per week but less than thirty-seven and one-half (37.5) hours per week on a regular and continuous basis. Unless otherwise specified, a permanent part-time employee shall receive no benefits unless working at least twenty (20) hours per week.
C. Flexibility Employee
(1) An employee who works twenty (20) hours or less per week who is hired into a bargaining unit position on or after July 1, 1997 shall not be covered by this Agreement for the purpose of wages, benefits, work schedule, seniority, retention and discharge. Notice shall be given to the Union regarding wages and benefits given to such employees upon hire in accordance with Article 8, Section 801A, and upon changes in benefits and all communications to the Union shall indicate which employees are in this category. No current employee shall be laid off and replaced by a flex employee. This category shall not include employees of First Call, Residential Programs, Crisis Services, Assist, Westview, Act I – Bridge, Howard Community Services. Internal postings shall include the bargaining unit title and the designation “flexible employee.”
(2) For part-time employees working twenty (20) or more hours per week, the Agency may apply the above set forth flexibility provisions to all hours worked above twenty (20) per week. In all cases of flexibility employment the following standards shall be applicable:
(2)(a) Flex time hours shall count towards an employee’s seniority if the position is ever converted to a full-time or permanent part-time position;
(2)(b) The pay rate for such flexibility positions shall not be less than 125% of the base rate hourly pay for the effected position. For unclassified positions, the hourly pay shall be not less than 125% of the grade 7 base rate;
(2)(c) No current employee shall be involuntarily converted to a flexibility employee.
D. Substitutes
The Agency may hire a substitute employee to cover in the absence of a regular employee on leave or indefinite medical leave, or to cover a vacancy while recruitment for a regular employee is in process. Such employee will be covered by this Agreement beginning with the first day of the sixth month of employment with the exception of staff reduction rights in Article VIII of this Agreement. Upon completion of one (1) year of service with the Agency such employee will be covered by the entire Agreement.
The Agency shall notify in writing an employee hired into a substitute position of their employment status regarding coverage by this Agreement. The Agency shall simultaneously notify the Union of such employee’s status when such employment can reasonably be anticipated to exceed thirty (30) days. Regular part-time employees, who work as a substitute in a position that is in the same pay grade as their regular position, shall receive their regular rate of pay for all hours worked in that substitute position.
Regular part-time employees, who work as a substitute in a position that is in the same pay grade as their regular position, shall receive their regular rate of pay for all hours worked in that substitute position.
E. Vacancy
An open position within the Union bargaining unit.
F. Co-Hires
The following positions shall be considered Co-Hire positions:
(1) School based clinicians,
(2) Co-hire for new positions filled in the titles of Specialized Community Support Worker and Training Specialist. The Agency shall demonstrate the State mandate for such client choice and any disciplinary measure shall be subject to Section 807(H).
In addition, any new position which meets either of the following criteria shall be Co-Hire positions:
(1) The position is jointly funded with or solely funded by another organization; or
(2) The position is funded by a grant which provides that the continuation of employment is subject to the approval of the other organization.
G. Salaried Employees
For purposes of this Agreement, salaried employees shall receive regularly each pay period the predetermined amount of compensation set by the Agreement. Such compensation shall not be subject to reduction because of variation in the quality or quantity of the work performed.
Section 104—Separability
In the event that any provisions of this Agreement shall, at any time, be declared invalid by any court of competent jurisdiction or by any legislative enactment, neither such decision nor legislative enactment shall invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions, not so declared invalid, shall remain in full force and effect.
In the event of any such declaration of invalidity, the Agency and the Union will meet within thirty (30) days to negotiate concerning any provision declared invalid.
Section 105—Complete Agreement
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining and that all such proper subjects have been discussed and negotiated upon and that except as otherwise provided herein, the Agreement shall not be subject to reopening unless mutually agreed.
Section 106—Rights of Enforcement
The parties agree that the maintenance of a peaceable and constructive relationship between them and between the employees requires the establishment and cooperative use of the machinery provided for in this Agreement for the discussion and determination of grievances and disputes, and that it would detract from this relationship if individual employees or groups of employees would, either as such individuals or groups, seek to interpret or enforce this Agreement on their own initiative or responsibility. It is, therefore, agreed that, except for the right of an employee to internally file and process a grievance, this Agreement shall not vest or create in any employee or group of employees covered thereby any rights or remedies which they or any of them can enforce either at law, equity or otherwise, it being understood and agreed, on the contrary that all of the rights and privileges created or implied from this Agreement shall be enforceable only by the parties hereto (to wit: the Union and the Agency) and only in the manner established by this Agreement.
Section 107—Duration
A. This Agreement shall be in effect, subject to the provisions of any modification expressed herein, from July 1, 2021, and be effective through June 30, 2024.
B. Either party may notify the other party of its desire to modify this Agreement by written notice postmarked no later than January first preceding the first day of July upon which the successor Agreement would become effective.
C. This Agreement shall be renewed automatically for periods of one (1) year, unless either party gives written notice of a desire to modify or amend the Agreement at least six (6) months prior to the expiration of this Agreement.
D. The parties agree that, once notified, negotiations shall begin no later than ninety (90) days prior to the expiration of this Agreement.
Section 108—Non-Discrimination
Neither the Agency nor the Union shall discriminate against or in favor of any employee in violation of any applicable federal or state statute or regulation.
AFSCME Local #1674 