IN WITNESS WHEREOF, the parties hereto have set their hands this 20th day of March, 2022.
Howard Center
/s/________________________________
By: Robert W. Bick, Chief Executive Officer
AFSCME Local 1674
/s/________________________________
By: Katherine Harris
AFSCME Council 93
/s/________________________________
By: David Van Deusen
Acknowledgement of Arbitration
The parties understand that this Agreement contains an agreement to arbitrate, and that after signing this Agreement the parties and the regular, full-time and regular part-time employees of the Agency will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it regards a question of constitutional or civil rights. Instead, the parties agree to submit any such dispute to an impartial arbitrator.
Agreed to this 20th day of March, 2022
Howard Center
/s/________________________________
By: Robert W. Bick, Chief Executive Officer
AFSCME Local 1674
/s/________________________________
By: Katherine Harris
AFSCME Council 93
/s/________________________________
By: David Van Deusen
Appendix A—Sample Offer Letter
<Date>
<Name>
<Address>
Dear <Name>:
We are delighted to offer you the position of <Job Title> with a hire date of <Hire Date> and a starting salary of <$$ /yr>. This is a regular, exempt, benefits eligible position (benefits are pro-rated for part-time employees). Your benefits will be based on <hours> hours per week.
The type of position is indicated below:
| __ | Bargaining Unit | vs. | __ | Non-Bargaining Unit |
| __ | Co-Hire Position | vs. | __ | Non Co-Hire Position |
When you let us know that you would like to accept the position, we will begin a background check. This job offer is contingent upon receiving a favorable background check. Employees must successfully complete a six-month probation. Howard Center is an At-Will employer.
If driving is a requirement of your position, you must provide us with a copy of your driver’s license and your vehicle insurance policy confirming limits that at least meet Vermont State minimum liability requirements. The Agency strongly encourages you to carry $100,000/$300,000 liability coverage and to notify your insurance company that your vehicle will be used for business purposes.
While there is no obligation on your part, Howard Center, as a federal contractor, is required to invite new staff with a disability to self-identify and to indicate any needs or interest in a reasonable accommodation to carry out the job functions for which this offer of employment is being extended. You will find more information on how to make this request on the “Culture and Organization” page at https://howardcenter.org/career-opportunities/.
You are scheduled to attend our Agency orientation program on<Date> at 8:30 AM at 208 Flynn Avenue.
We will also be reviewing with you the Agency’s benefits available to regular staff. In the meantime, please find our Benefits at a Glance that will provide you with a summary of the Agency’s generous benefits package. If you would like additional information about benefits offered to Howard Center employees, please feel free to contact Human Resources at 488-6950.
If the above terms are acceptable, please click the accept button at the bottom of this email to indicate your acceptance of this offer.
Your Executive Team Leadership Officer will be <NAME> and <FIRST NAME> is looking forward to meeting you.
Again, thank you for choosing Howard Center for your place of employment – I wish you much success in your career with us! If you have any questions, please contact me at <telephone #>.
| Sincerely, | I accept the offer as outlined above. |
| Supervisor’s Signature> <Title> | <Applicant’s Name> Applicant |
Please be advised that this letter, our policies and contracts encompass the offer in its entirety and may be subject to change without notice. Any impressions or conversations that deviate from this agreement, our policies or our contracts in any way are non-binding and unenforceable.
Appendix B—Howard Center Child Care Stipend
Howard Center provides two forms of assistance to help employees meet their child care needs:
1. A flexible spending plan enables employees to use pre-tax dollars to pay for child care expenses. This plan can provide substantial tax savings for employees.
2. A stipend plan to provide assistance based on need to help cover child care expenses.
Why A Stipend Plan?
– Child care is the 4th largest budget item for most employees, following housing, food, and taxes. Child care even comes before health care in the list of family expenses.
– For families without substantial incomes, paying for child care can lead to one or more of the following dilemma: limited choice in type of care due to cost considerations, shorting other necessities such as housing or food, and not working solely because of the cost of child care.
– The agency provides a benefit for all employees with child care expenses – flexible spending plan – that actually favors higher income employees as the tax savings are greater for those with higher incomes. In order to provide a service to employees with lower family incomes that will help to address the dilemmas listed above, the agency will provide a stipend based on each family’s ability to pay for child care.
— The goal of this plan is to provide a stipend that will assist families who are currently spending more than 10% of gross family income for child care expenses.
How Does It Work?
– The child care stipend is available to all full time and part time employees who have children under age six in paid care and to full time and part time employees who have a child with a disability (physical/emotional/developmental) that makes it necessary for the child to have supervision when the child reaches age 12, or earlier if the child is excluded from after school child care. All other eligibility guidelines must be met in order to qualify for a stipend.
– If you are married, your spouse must be working, a full time student, totally disabled, or searching for work in order to qualify for a stipend.
– The stipend is available to cover care in-home or outside your home. The stipend does not cover the cost of overnight camp or of care provided by someone for whom you or your spouse is entitled to a personal tax exemption as a dependent.
– If the stipend covers services provided by a child care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable state and local laws and regulations.
– The application period is the month of June each year. After all applications are received, a stipend level will be determined for each employee. The stipend will be paid monthly through accounts payable. (Example: stipend for July will be paid in early August.) The stipend amount is not taxable, is included in the employee’s flexible spending account child care benefit cap of $5,000, and will be reported as child care benefits on the employee’s W2.
– You may apply in advance for children expected to need paid child care during the coming year. If this changes your requested stipend amount, please indicate that on the application form. (Example – July through January stipend request of $5/week. February through June stipend request of $12/week due to 2nd child needing care.)
– You may not use the federal child care credit for expenses covered by the stipend that you receive under this plan.
– We do not want to know your family income. We do however ask that you follow the application guidelines and that you write in an amount of stipend that you wish to receive based on a self-assessment of need. If you feel that you have extraordinary expenses for an item such as education, you may factor this into your request. Please remember however that the plan is to provide a stipend based on need.
– If there is a change in family status (divorce, death of spouse, job loss of spouse) during the year, you may submit an application for a stipend or an increased stipend if you already receive one. These requests will be honored if there is sufficient money in the budget. If there is a change that would reduce or eliminate your stipend eligibility, it is your responsibility to notify the Human Resources Manager. An example would be if your application does not include income from a spouse and during the year your spouse becomes employed.
– You may not receive a stipend for the cost of care for days when you are not regularly scheduled to work. You may count costs for time that your child is not in care due to illness or vacations, providing that you are required to pay for this time based on provider policies.
– Stipends will be based on the following schedule:
| Stipend request from application | Weekly stipend will be |
|---|---|
| under $10 | actual dollar amount of request |
| $10 to $30 | $10 |
| $31 to $60 | $15 |
| $61 to $90 | $20 |
| over $90 | $25 |
If the stipend requests total more than the amount budgeted ($14,000), this schedule may be altered to keep the program within the budget.
Appendix C—Health Plan Outline
Appendix D—Dental Plan Outline
Appendix E—Pay Grid
As ratified
As amended post-ratification
Appendix F—Step Movement Chart
Appendix G—Bargaining Unit Job Titles
As ratified. This section was subsequently amended.
Client Services – B
Arts Collective Coordinator
Arts Collective Installation Guide
Arts Collective Open Studio Manager
Arts Collective Outreach and Community Engagement
Crisis Intervention Specialist
Educator – Life Skills
Employment Assistant – Career Connections
Job Coach
Living Skills Specialist
Living Skills Worker – ARCH Program
Peer Community Recovery Specialist
Recovery Specialist
Respite Provider
Response and Intervention Specialist – FCCC
Client Services – C
Benefits Counselor
Career Coach
Counselor – Employment
Employment Advisor
Interventionist – Early Childhood
Interventionist – Enhanced Family Treatment
Interventionist – FCBS
Senior Interventionist – Family and Community Programs
Client Services – D
Acute Residential Counselor Adult – Act 1/Bridge
Acute Residential Counselor Adult – Allen House
Acute Residential Counselor Adult – ASSIST
Acute Residential Counselor Adult – Atwood
Acute Residential Counselor Adult – Community Apartments
Acute Residential Counselor Adult – East Terrace
Acute Residential Counselor Adult – Farm House
Acute Residential Counselor Adult – Floater
Acute Residential Counselor Adult – Hawk Lane
Acute Residential Counselor Adult – Lakeview
Acute Residential Counselor Adult – Next Door
Acute Residential Counselor Adult – Pennington
Acute Residential Counselor Adult – Seventy Two
Acute Residential Counselor Youth – 77 Park
Acute Residential Counselor Youth – Jarrett House
Acute Residential Counselor Youth – Transition House
Community Specialist
Intensive Community Support Worker
Interventionist – Park Street Floater
Residential Counselor Adult – Avenue 7
Residential Counselor Adult – Branches
Residential Counselor Adult – Floater
Residential Counselor Adult – Safe Haven
Residential Counselor Adult – Shelter Plus
Residential Counselor Adult – Spruce Street
Residential Counselor Adult – SUCCEED
Specialized Service Provider
Teacher – Counseling – CenterPoint
Client Services – E
Access Specialist I
Access Specialist II
Case Manager – Choices for Care
Case Manager – Family Focused
Case Manager – Family Supportive Housing
Case Manager – HUB
Case Manager – Low Barrier & SES
Case Manager – Park Street
Case Manager – Safe Recovery
Case Manager – Transition House
Clinician – Adult Drug Treatment Court Support
Community Case Manager
Community Liaison
Crisis Coordinator
CSP Housing Coordinator
Health Home Services Coordinator
Health Home Services Provider
Intake Navigator
Interventionist – Autism
Interventionist – Autism Floating
Interventionist – Baird and Inclusion Program
Reach-Up Case Manager
Senior Interventionist – Inclusion
Street Outreach Team Clinician
Teaching Interventionist – Baird School
Teaching Interventionist – Garvin School
Teaching Interventionist – Inclusion
Urgent Care Case Manager
Client Services – F
Clinician – Access & Intake
Clinician – ARCH
Clinician – Baird School
Clinician – Childrens Outpatient
Clinician – Comprehensive Care
Clinician – Crisis Stabilization – Comprehensive Care
Clinician – Early Childhood Mental Health
Clinician – Family – FCBS
Clinician – Family Supportive Housing
Clinician – FCP
Clinician – Garvin
Clinician – Intake
Clinician – JOBS
Clinician – Medical Home Early Childhood
Clinician – Mental Health/Substance Abuse
Clinician – Outpatient
Clinician – Park Street
Clinician – Pediatric Practice
Clinician – School Based
Clinician – School Services
Clinician – School Services – Floater
Clinician – Substance Abuse – Chittenden Clinic
Clinician – Substance Abuse – Medication Assisted Therapy
Clinician – Substance Abuse – St. Albans
Clinician – Substance Abuse and Mental Health – CenterPoint
Clinician – Treatment Courts Outpatient
Counselor – Family – IFBS
Crisis Clinician – FCCC
Family Clinician – Inclusion Program
Reach-Up Clinician – Mental Health/Substance Abuse
SASH Community Based Clinician
School Social Worker – CenterPoint
School Social Worker – Garvin School
Senior Crisis Clinician – FCCC
Transition House Clinician, Comprehensive Care
Health Care Service – A
LPN
Health Care Services – B
Registered Nurse
Registered Nurse MAT
Appendix H—School Based Clinicians Contract Variations
School based clinicians shall have all rights as noted within this Agreement as co-hires with the following modifications:
- The work year shall be for a total of 205 days to be worked out with the co-employer.
- Employees in this title shall be eligible for paid sick leave up to eight (8) days per year and three (3) personal leave days per year. Such leave shall not accrue from year to year beyond 15 days of sick time.
- CTO or vacation time under this Agreement shall not apply to employees in this title.
- Emergency school closings such as snow days shall be time off with pay.
- Accrued CTO time shall be used by August 15, 1998 or otherwise paid to the employee upon leaving employment.
- The work day shall be eight (8) hours.
- Employees in this title shall be paid at the appropriate step in a grade 10 over twelve (12) months.
- Part time employees shall receive all benefits as noted on a pro-rated basis.
- Employees who upon fulfilling the conditions of the annual contract will be entitled to receive a stipend of $1,000 (prorated if the job is less than full-time).
The agency shall make a good faith effort to have inserted into all contracts with each individual school or school district that, after two years of employment in the same school in the same position, the just cause provisions of this agreement will apply to the SBC so employed for performance-based reasons.
A side letter will be written so that the Agency will endeavor to ask co-employers to avoid using clinicians for recess, lunch duty, study hall and other similar duties, unless the clinician desires to perform such duties as a part of their work.
Appendix I—Clinician—Baird School Contract Variations
Clinicians—BAIRD School shall have all rights as noted within this Agreement with the following modifications:
- Clinicians – BAIRD School shall share the same annual calendar including summer session for a total of 205 work days.
- Employees in this title shall be eligible for paid sick leave up to eight (8) days per year and three (3) personal leave days per year. Such leave shall not accrue from year to year beyond 15 days of sick time.
- CTO under this Agreement shall not apply to employees in this title.
- The work day shall be eight (8) hours.
- Employees will be paid additional compensation at their regular rate of pay for all approved in advance hours worked outside of their school calendar schedule.
- Employees who upon fulfilling the conditions of the annual contract will be entitled to receive a stipend of $1,000 (prorated if the job is less than full-time).
Appendix J—Grievance Form
Amendments
Memorandum of Non-Board Resolution
Re: NLRB No. 03-CA-286999
NLRB No. 03-CA-287133
NLRB No. 03-CA-287135
NLRB No. 03-CA-287138
Memorandum of Non-Board Resolution
Howard Center, Inc. (“Howard”), and AFSCME Council 93, Local 1674 (“Union”), hereby agree to the following terms as resolving the above referenced pending “Charge Against Employer” matters before the National Labor Relations Board:
- The attached “Notice to Employees” shall be physically posted and remain continuously and conspicuously at all locations where Howard typically posts notices to employees, for a period of at least thirty (30) days;
- The Union waives decisional bargaining on changes to security cameras/building access; and the subcontracting of bargaining work in September 2021 (due to Pandemic related staff shortages), and the Agency and the Union agree to good faith impact/effect bargaining as to those two issues for a combined total of no less than two (2), two(2) hour sessions, to be concluded no later than June 15, 2022. No party shall engage in surface bargaining.
- The Parties understand and agree that the underlying charges of prohibited practice are withdrawn without prejudice, and that this Agreement shall not establish a precedent or any past practice and shall not be used in any other proceeding except to enforce this Agreement;
- This Agreement may be executed in one or more counterparts, each of which shall be deemed as original, all of which together constitute one and the same Agreement. The Parties shall accept electronic or facsimile signatures to the Agreement with original signature pages to follow by ordinary mail;
- This Agreement represents the full, final binding agreement of the Parties and may not be changed orally except by written agreement executed by both Parties.
[signature page follows]
Howard Center Inc.;
April 19, 2022
/s/ Joseph A. Farnham
Counsel for Howard Center, Inc.
AFSCME Council 93, Local 1674;
April 19, 2022
/s/ David Van Deusen
AFSCME Council 93
by David Van Deusen, Duly Authorized
Notice to Employees
April 21, 2022
NOTICE TO EMPLOYEES
Howard Center, Inc. (“Howard”), and AFSCME Council 93, Local 1674 (“Union”), hereby agree to the following terms as resolving certain pending “Charge Against Employer” matters before the National Labor Relations Board:
Howard Center recognizes AFSCME Council 93, Local 1674 (“Union”) as the exclusive representative of all full-time and part-time employees as defined in our collective bargaining agreement (CBA). The parties acknowledge each other’s rights including but not limited to those set forth in the CBA and their respective obligations going forward. Accordingly,
- the parties will bargain in good faith on any changes which are mandatory subjects of bargaining
- Howard will notify the Union directly, and offer an opportunity to the Union to bargain over the effects, of any unilateral changes/decisions that are permissible under the Management Rights clause of the CBA
- Howard will timely furnish relevant information requested by the Union
- Howard will not conduct, or create the impression of, unlawful surveillance of activities protected by the National Labor Relations Act; unreasonably conduct interrogations or ask unlawful questions concerning Union and other protected activities (including action in mutual aid or defense); promulgate unreasonably broad confidentiality rules; or threaten discipline for clearly protected concerted activities.
The parties recognize the value of having a harmonious working relationship and agree to treat everyone with respect and dignity.
/s/ Robert Bick
CEO
/s/ Daniel M Peyser
Union Representative
AFSCME Local #1674 