Section 401—Committees
A. Labor/Management Committee: In order to provide a means for continuing communication between the parties and for promoting a climate of constructive employee relations, a Labor/Management Committee can be convened which shall consist of up to four (4) representatives designated by the Union and up to four (4) representatives designated by the Agency.
The Committee shall meet from time to time, to discuss issues that impact the agency, employees and the overall work environment. These meetings can occur upon request of either party provided that both parties agree to do so. Such meetings shall not be for the purpose of discussing pending grievances or for the purpose of conducting negotiations. The topics discussed shall relate to the general application of this Agreement and to other matters of mutual concern.
The chairperson of the Committee will be one of the four Agency representatives.
During this agreement, the Labor/Management Committee will convene to review overtime distribution across the Agency.
B. Other Committees: Union shall be entitled to appoint three representatives to Employer’s Benefits Advisory, Integrated Training, Safety, Retirement Investment and Diversity Committees. If both a consensus concerning safety improvements is reached among committee members and sufficient funding is available for such safety improvements, they shall be implemented.
C. The Union will provide the names of the designated employees for each of the agreed upon committees by no later than one month after the ratification of this Agreement and any successor hereto. If the names are not provided by such date, the Agency will not solicit any further names and the Union will lose the opportunity to participate in any such committee.
Section 402—Board of Directors
A copy of the agenda and minutes for each meeting of the Board of Directors shall be sent to the Union President.
Section 403—Committee Attendance
A. Compensation for Attendance at Labor/Management Meetings: Bargaining unit members of the Labor/Management Committee, In-service Committee Negotiations or any other committee mutually agreed to by the parties shall be paid for attendance at meetings held during normal working hours.
B. Legislative Participation: With approval of the Chief Executive Officer, members of the bargaining unit appointed by the President shall be allowed to attend hearings during working hours before the State Legislature on matters of mutual importance to the Agency and the Union without loss of benefits or pay, to a maximum of five (5) employee days each year.
C. Ground Rules: Up to 6 members of union negotiation team shall be paid for attending negotiation session(s) with management subject to all other ground rules as follows:
C. 1. Good Faith: Both parties agree to bargain in good faith and follow provisions of federal and Vermont law, including the National Labor Relations Act, in resolving outstanding issues as they relate to collective bargaining.
C. 2. Release Time: Release time will be made available for six members of the AFSCME team provided they have obtained supervisory approval.
C. 3. Pay for Participation: Pay will be granted for up to 6 members of the union negotiation team for attending negotiation session(s) with management during normal business hours. No paid time above the employee’s normal weekly work hours will be made.
C. 4. Continuity of Negotiating Team: Both parties recognize the value in maintaining the same team members throughout negotiations and commit to use their best efforts to maintain the same team members. Negotiation sessions shall be closed to all but team members, consultants and other individuals specifically agreed to by both teams.
C. 5. Meeting Dates/Times: Both parties mutually agree to meet at pre-determined dates and times in an attempt to resolve all issues related to contract negotiations on or before end of current contract. If the meeting has not started by 20 minutes following the appointed start time, the meeting shall adjourn unless either party has notified the other party in advance of the delay. Either Lead Negotiator may begin and carry on the negotiations on behalf of its respective party.
C. 6. Meeting Duration: Meetings may continue past the stated adjournment time if progress is being made and is mutually acceptable to both parties.
C. 7. Meeting Locations: Negotiations will be held at the 208 Flynn or other mutually acceptable locations and times.
C. 8. Meeting Agenda: Both parties agree that being prepared for negotiation sessions results in more efficient and effective negotiations and reduces the need for lengthy caucuses. To assist in efficient preparation, each negotiation session will end with the setting of an agenda for the next session. With these understandings, both parties commit to being prepared for negotiating sessions.
C. 9. Caucuses: Caucuses will be limited to twenty (20) minutes. If an issue cannot be resolved in that time period, the caucus will end and the parties will move on to other issues with the intent to return to such issue at the next session. By mutual agreement, caucuses may be extended beyond twenty (20) minutes.
C. 10. Notes: Both parties will be separately responsible for their own notes of the negotiating sessions.
C. 11. Exchange of Proposals: Contract proposals shall be exchanged on a date which is mutually agreed upon. Following the scheduling of negotiations or the initial exchange of proposals, both parties will schedule the date for any secondary proposals. Following primary and secondary proposals, no new proposals may be submitted except as counter proposals to proposals from the other party. The forgoing does not limit the amendment of proposals during negotiations.
C. 12. Format of Proposals: Proposals will cite the contract section being added, amended or deleted and new language will be in a contrasting color, in bold and/or underlined and old language will be struck through.
C. 13. Tentative Agreements: When the parties reach agreement on a proposal they will mark it as “tentatively agreed” (“T.A.”). Proposals in which T.A.s are reached will be committed to writing and dated and initialed by both parties. The parties shall also attempt to draft a mutually agreed upon statement of intent regarding each T.A. If mutual agreement cannot be reached, however, no statement of intent shall be made and this shall not affect the T.A. Once a proposal becomes a T.A., it will not be renegotiated unless it is opened as part of the negotiation of another proposal. T.A.’s will be written up and brought to the next meeting where possible but no later than two meetings later. T.A.’s are not operative until they are part of a fully integrated agreement, which is accepted and ratified by both parties.
C. 14. Communication Regarding the Status of Negotiations: The status of negotiations, including topic areas and the parties’ positions with respect thereto, may be reported upon or discussed respectively with the bargaining unit members and Agency’s management and Board; however this shall not limit conversations between the respective Lead Negotiators.
C. 15. No Retaliation: Both parties mutually agree to refrain from retaliating against any member of the negotiating team. Both parties further agree to refrain from inappropriate emotional responses or focusing on personal issues throughout the course of contract negotiations.
C. 16. Contract Ratification: Once all items that have been tentatively agreed upon in negotiations, the parties shall recommend the ratification of the agreement.
C. 17. Mediation: In the event that either the Union or Management’s negotiating team recommends or takes a contract to its respective principal, and the contract is rejected, any or all of the T.A.s can be brought before a mediator. The Union and Management will use their best efforts to bring only the T.A.s, which they believe have caused the rejection of the contract to the impasse procedures.
C. 18. Media Contact: No party shall make any media contact, issue any statement to the media nor speak to any outside entity concerning these negotiations except by means of a mutually approved release unless or until impasse has been reached. If impasse is reached and the intent is to go to the media, the other party shall receive 48 hours notice to this effect.
AFSCME Local #1674 