AGREEMENT BETWEEN WINNEBAGO COUNTY AND WINNEBAGO COUNTY COURTHOUSE EMPLOYEES ASSOCIATION

Transcription

1 AGREEMENT BETWEEN WINNEBAGO COUNTY AND WINNEBAGO COUNTY COURTHOUSE EMPLOYEES ASSOCIATION 0-0-0

2 TABLE OF CONTENTS ARTICLE PAGE PREAMBLE 1 I RECOGNITION AND UNIT OF REPRESENTATION 1 II MANAGEMENT RIGHTS III CONDUCT OF BUSINESS IV EMPLOYEE DEFINITIONS V SENIORITY VI DISCIPLINE/DISCHARGE VII GRIEVANCE PROCEDURE VIII JOB POSTING IX PAY AND JOB CLASSIFICATION X HOURS OF WORK XI CALL-IN PAY XII STAND-BY PAY XIII OVERTIME AND COMPENSATORY TIME XIV PAYDAYS XV HOLIDAYS XVI VACATIONS XVII LEAVES OF ABSENCE WITHOUT PAY 1 XVIII MATERNITY LEAVE 1 XIX FUNERAL LEAVE 1 XX MILITARY LEAVE 1 XXI SICK LEAVE WITH PAY 1 XXII INSURANCES 1 XXIII RETIREMENT XXIV DEPUTIZED PERSONS XXV SEPARABILITY XXVI NEGOTIATIONS XXVII LAYOFF AND RECALL XXVIII ASSOCIATION ACTIVITIES XXIX FAIR SHARE AGREEMENT XXX JURY DUTY XXXI INCLEMENT WEATHER/BUILDING CLOSINGS XXXII MASTER CTRL/BKG/PROPERTY REC. CLK UNIFORM ALLOW XXXIII TRAINING PAY APPENDIX A PAY AND CLASSIFICATION SCHEDULE

3 INDEX ARTICLE TITLE PAGE XXVIII ASSOCIATION ACTIVITIES XI CALL-IN PAY III CONDUCT OF BUSINESS XXIV DEPUTIZED PERSONS VI DISCIPLINE/DISCHARGE IV EMPLOYEE DEFINITIONS XXIX FAIR SHARE AGREEMENT XIX FUNERAL LEAVE 1 VII GRIEVANCE PROCEDURE XV HOLIDAYS X HOURS OF WORK XXXI INCLEMENT WEATHER/BUILDING CLOSINGS XXII INSURANCES 1 VIII JOB POSTING XXX JURY DUTY XXVII LAYOFF AND RECALL XVII LEAVES OF ABSENCE WITHOUT PAY 1 II MANAGEMENT RIGHTS XXXII MASTER CTRL/BKG/PROPERTY REC. CLK UNIFORM ALLOW XVIII MATERNITY LEAVE 1 XX MILITARY LEAVE 1 XXVI NEGOTIATIONS XIII OVERTIME AND COMPENSATORY TIME APPENDIX A PAY AND CLASSIFICATION SCHEDULE IX PAY AND JOB CLASSIFICATION XIV PAYDAYS PREAMBLE 1 I RECOGNITION AND UNIT OF REPRESENTATION 1 XXIII RETIREMENT V SENIORITY XXV SEPARABILITY XXI SICK LEAVE WITH PAY 1 XII STAND-BY PAY XXXIII TRAINING PAY XVI VACATIONS

4 A G R E E M E N T PREAMBLE THIS THREE-YEAR AGREEMENT, made and entered into this 1 th day of October, 0, by and between WINNEBAGO COUNTY, hereinafter referred to as the "County," and WINNEBAGO COUNTY COURTHOUSE EMPLOYEES' ASSOCIATION, hereinafter referred to as the "Association," is effective January 1, 0, and forward to December 1, 0. It is the intention and purpose of the parties hereto to promote and improve the efficient administration of the County service and the well-being of the Courthouse employees in the unit; to establish a basic understanding relative to personnel policy, practices, procedures, and matters affecting conditions of employment; and to provide the means for amicable discussion and adjustment of matters of mutual interest in the unit. All references to employees as "he," "him," and/or "his" shall also be read to mean "she," "her," and "hers." ARTICLE I RECOGNITION AND UNIT OF REPRESENTATION The County hereby recognizes the Association as the sole and exclusive bargaining agent with respect to hours, wages and other conditions of employment for all regular full-time and regular part-time Maintenance, Custodial, Clerical and Stenographic employees employed by Winnebago County in its Courthouse or Courthouse Annexes and associated departments, including the Courts, Child Support Office, County Clerk's Office, County Treasurer's Office, Information Systems Department, District Attorney's Office, Finance Department, Maintenance Department, Planning and Zoning Department, Register of Deeds Office, Switchboard, Veterans Service Office, Sheriff's Department, Agriculture Department, Highway Department and at the Airport and Parks Departments, but excluding therefrom, supervisory, confidential, managerial and executive employees, and all regular full-time and regular part-time employees in the Winnebago County Department of Human Services. This recognition clause shall be construed to apply to employees and not to work. It shall not limit the County's right to contract out work or to transfer work to other employees not included within the aforementioned unit when the nature or amount of work changes. 1 1

5 ARTICLE II MANAGEMENT RIGHTS Except to the extent expressly abridged by law or a specific provision of this Agreement, the County reserves and retains, solely and exclusively, all of its Common Law, statutory, and inherent rights to manage its own affairs, as such rights existed prior to the execution of this or any other previous Agreement with the Association. Nothing in this Agreement abridges the Employer's or Employee's rights as provided by State and Federal law. ARTICLE III CONDUCT OF BUSINESS The Association agrees that Association business will not be conducted on County time by Association members or officers. This shall not prevent an employee with a proper grievance from proceeding with such grievance in accordance with the provisions of Article VII of this Agreement. Pursuant to Section 1. (), Statutes, a list of the names and home addresses of members of the bargaining unit will be provided to the Union designated elected representative on or before January 1 th and July 1 th of each calendar year or within thirty (0) days of written notice to the County of any change in the designation of the Union s representative. ARTICLE IV EMPLOYEE DEFINITIONS Probationary Employee. All newly hired, regular full-time and regular part-time employees will, in positions represented by the bargaining unit, be considered probationary employees for the first six () work months of their employment. After the first thirty (0) days of their employment, all such employees shall enjoy holiday pay benefits, excluding floating holiday, as hereinafter provided in this Agreement, during the balance of their probationary period. All such employees shall enjoy floating holiday pay benefits only after the completing their probationary period. All such employees, during the probationary period, shall not have seniority rights, vacation benefits or sick leave accumulation. Upon completion of the probationary service, such employees shall enjoy seniority, vacation benefits, and sick leave accumulation from the date of hiring. An employee need serve only a single probationary period per employment by the County, and transfer or changes of jobs within County employment will not change the employee's anniversary date or status with respect to having completed the probationary period.

6 Regular Full-Time Employee. A regular full-time employee is defined as an employee who has successfully completed the probationary period of employment and who is employed in a regular position consisting of an average of thirty-seven and one-half (-1/) hours or forty (0) hours per week. Regular Part-Time Employee. A regular part-time employee is defined as an employee who has successfully completed the probationary period of employment and who is employed in a regular position consisting of less than seven and one-half (-1/) or eight () hours a day and/or five () days per week. Temporary, Seasonal, Emergency or Limited-Term Employee. An employee performing work for a limited term in these categories does not accrue seniority or accrue or receive any fringe benefits and may be terminated at any time. Temporary and Seasonal Employees to Regular Part-Time and Full-Time Employees. Full-time temporary or full-time seasonal employees who become regular full-time or regular part-time employees without a break in their continuous service shall have their seniority established as of the date of hire including the time spent as a temporary or seasonal employee. Seniority accrued as a temporary or seasonal employee shall apply to: a. Longevity; b. Vacation eligibility but not accrual; c. Bids on promotional opportunities. These employees shall serve a normal probationary period and eligibility for all other fringe benefits will be determined by the date of placement into a regular full-time or regular part-time position. ARTICLE V SENIORITY Definition. Seniority shall mean the status attained by length of continuous service following the successful completion of one probationary period. Seniority shall accrue from the date an employee entered continuous employment with the County and shall indicate time worked excluding personal leave of absence exceeding thirty (0) days but including leaves of absence granted for illness and United States military service. Seniority shall be a factor applied as hereafter provided in layoffs, recalls, promotions and vacation selection. Loss of Seniority. Employees shall lose their seniority for any of the following reasons: a. Discharge, if not reversed;

7 b. Resignation; c. Absence from work without a legitimate reason for three () workdays without notifying the County of the reason for such absence; d. Unexcused failure to return to work when recalled from a layoff as set forth in the recall procedure; e. Unexcused failure to return to work after the expiration of a vacation period, leave of absence, or period for which Worker's Compensation was paid; f. Retirement; g. On layoff for a continuous period of time equivalent to twelve () or more calendar months. ARTICLE VI DISCIPLINE/DISCHARGE The County shall have the right to discharge any employee for just cause. In the event a discharged employee feels he has been unjustly discharged, said employee may file a complaint with his department head provided he does so in writing within five () working days after the date of discharge. Said complaint shall be treated initially at Step l of the grievance procedure as hereinafter provided in this Agreement. If no complaint is filed within the time specified, then, said discharge shall be deemed to be absolute. The County may establish and enforce rules in connection with the operation of the Winnebago County Courthouse and the maintenance of discipline in said operation by the County. Any written reprimand issued to an employee pursuant to these rules will be removed from the employee s personnel file if there are no other disciplinary actions taken against the employee for the same or similar rule violations within twelve () months after the Written Reprimand is issued. The employee must request that the Written Reprimand be removed from his personnel file. The Department of Human Resources will be given advance notice of all investigatory meetings concerning potential disciplinary action against an employee. If there is no Association representative present at the time discipline is issued to an employee, the Employer will send to the President of the Association a copy of the disciplinary action notice within twenty-four () hours of issuing the discipline to the employee. ARTICLE VII GRIEVANCE PROCEDURE The parties agree that the prompt and just settlement of grievances is of mutual interest and

8 concern. Only matters involving the interpretation, application or enforcement of the terms of this Agreement shall constitute a grievance under the provisions as set forth below. All such grievances shall be processed as follows: Step 1. If an employee has a grievance, he shall first present the grievance orally to either his department head or immediate supervisor or in the Sheriff s Department the Corrections Division Supervisor. Said grievance shall be presented within the employee's first five () working days of the event or occurrence which gave rise to the grievance. (Vacation or sick leave is not to be construed as working days.) In presenting the grievance, the employee may be accompanied by one Association representative. If such grievance is not presented within the specified time period, then it shall be deemed waived and abandoned and shall not, thereafter, form the basis of a grievance between the parties hereto. The department head shall respond to the grievant within five () working days of the presentation of the grievance to him. Step. If the grievance is not resolved at Step 1, it may be presented in writing to the Director of Human Resources within ten () working days of the employee's receipt of the response of the department head at Step 1. In presenting the grievance, the employee may be accompanied by one Association representative. If such grievance is not presented within the specified time period, it shall be deemed waived and abandoned and shall not, thereafter, form the basis of a grievance between the parties hereto. The Director of Human Resources shall respond in writing to the grievant within ten () working days of the presentation of the grievance. Step. In the event that the grievance is not resolved at Step, the Association shall present a written notice of its intent to arbitrate the grievance to the Director of Human Resources within ten () working days of receipt of the written response to the grievance at Step. If such written notice is not presented within ten () working days, the grievance shall be deemed abandoned and shall not, thereafter, form the basis of a grievance between the parties hereto. If the parties can mutually agree to a specific staff arbitrator from the Wisconsin Employment Relations Commission, the parties shall make a mutual request for the appointment of said arbitrator. Otherwise, either party may request the appointment of a staff arbitrator from the Wisconsin Employment Relations Commission. In either event, the arbitrator's decision shall be final and binding upon the parties except for judicial review. The cost of the arbitrator and transcript, if any, shall be shared equally by the parties, however, any required filing fee shall be paid by the Association. Any other out-of-pocket expense incurred by the respective parties shall be paid by the party incurring the cost. Time limits set forth in the grievance procedure shall be binding unless waived by mutual agreement of the County and the Association.

9 ARTICLE VIII JOB POSTING A job vacancy shall be defined as a position not previously existing in the job classification plan attached to and made a part of this Agreement or a vacancy in a position in the said job classification plan due to termination of employment, promotion or transfer, death or disability of existing personnel, and in the judgment of the County, the need to fill such job vacancy continues to exist. When the County decides not to fill a vacancy or the Department of Human Resources is notified of a vacancy, they will notify the President of the Association of this fact. The job requirements and salary range shall be a part of the posting. Employees desiring to apply for such vacant position shall contact the Human Resources Department within the posting period. For the purposes of this Article, the posting period shall be deemed to be the time the posting is on display on the bulletin board in the Courthouse lobby but not less than five () working days. The President of the Association shall receive a copy of the posting at the time it is posted. For Clerk Typist I, no posting requirements are necessary except that the County will post a notice of intent to hire at the same time it takes applications and proceeds to commence hiring procedures without the necessity of any delay. The County shall determine the qualifications of the applicants. If, in the opinion of the County, two () or more applicants for a single vacancy are in all respects equally qualified to fill such vacancy, it shall be filled by the employee among such equally qualified applicants having the longest service with the Association; but if, in the opinion of the County, one (1) of such applicants is better qualified to fill such vacancy than any other applicant, it may be filled by such better qualified applicant. The County agrees that if a selection is to be made from such posting that it will be made within thirty (0) working days after the close of the aforementioned posting period. This period of time may be extended by mutual agreement of the parties. The County reserves the sole right to reject all the applications received hereunder. The selected applicant shall have up to a forty-five () working day trial period on the job. The applicant may return to his previous job at the request of either the County or the applicant up through the th working day of the job. Qualification disputes: If there is any difference of opinion as to the qualifications of an employee, the County or the Association may take the matter up for adjustment through the grievance process. ARTICLE IX PAY AND JOB CLASSIFICATION The Pay and Classification Schedules, set forth in Appendix A and attached hereto, is made

10 a part of this Agreement. All regular full-time and regular part-time employees shall continue to have a job classification and pay range assigned to their positions which shall not change except pursuant to provisions of Article VIII of this Agreement entitled "Job Posting". When a vacancy is posted pursuant to the provisions of Article VIII of this Agreement and a new Job Description has been developed, the County will send a copy of this new Job Description to the President of the Association. Newly hired personnel hired prior to September 1, 0 shall normally be paid at Step A in the pay schedule during the first six () months of employment. Newly hired personnel hired on or after September 1, 0 shall normally be paid at Step A in the pay schedule during the first twelve () months of employment. However, in the event that labor market conditions, as determined by the County, or the experience of the incumbent, as determined by the County warrant, persons may be hired above Step A in the pay schedule and the first six () months of that person s employment shall be paid at that pay step if hired prior to September 1, 0. Persons hired on or after September 1, 0 who are hired above step A in the pay schedule shall be paid at that pay step for twelve () months. However, in the event that the County hires an individual at a rate equal or higher than an incumbent, the County will consult with the Association regarding the appropriate rate. Upon the completion of six () months of service, employees hired prior to September 1, 0 shall progress to the next incrementally higher step in the pay schedule and shall remain at that pay step for one (1) year. Employees hired on or after September 1, 0 shall upon completion of twelve () months of service progress to the next incrementally higher step in the pay schedule and shall remain at that pay step for eighteen (1) months. Thereafter, employees hired prior to September 1, 0 shall progress to incrementally higher pay steps at one (1) year intervals; employees hired on or after September 1, 0 shall progress to incrementally higher pay steps at eighteen (1) month intervals. Upon promotion pursuant to Article VIII, entitled: Job Posting, or upon upward reclassification, the promoted or reclassified employee hired prior to September 1, 0 shall be assigned to that step in the pay range which is closest to and at least twenty-five cents ($.) per hour above the employee's most recent rate of pay--provided that such a rate exists within the pay range. Progression to any higher steps in the pay range shall be based upon the progression schedule that applied to him prior to promotion or reclassification, or if at the top step in the pay range at the time of promotion or reclassification, at one year intervals from the date of promotion or reclassification. Newly hired employees hired on or after September 1, 0 upon promotion pursuant to

11 Article VIII, entitled: Job Posting, or upon upward reclassification, the promoted or reclassified employee shall be assigned to that step in the pay range which is closest to and at least twenty-five cents ($.) per hour above the employee's most recent rate of pay--provided that such a rate exists within the pay range. Progression to any higher steps in the pay range shall be based upon the progression schedule that applied to him prior to promotion or reclassification, or if at the top step in the pay range at the time of promotion or reclassification, at eighteen (1) months intervals from the date of promotion or reclassification. If, pursuant to the procedures as outlined in Article VIII of this Agreement entitled "Job Posting," an employee is deemed qualified by the County and is assigned to fill a vacancy in a lower job classification, then, he shall receive the new job classification rate in the step that corresponds with his present step. During the term of this Agreement the County will do job evaluation studies of those classifications/positions that were submitted by the Association for reclassification during negotiations or any classification/position that has a significant change in the duties and responsibilities during the term of this Agreement. If the job evaluation studies conclude that any classifications/positions warrant reclassification and/or title change the County will recommend such reclassifications to the Personnel and Finance Committee of the Winnebago County Board of Supervisors. An employee who is required to perform the duties of another employee who is on an extended (greater than two weeks) leave of absence, in addition to his normal duties, will receive one dollar ($1.00) per hour additional compensation for every hour that the required additional duties are performed. These additional required duties must be performed at the direction of the employees immediate supervisor. DIRECT DEPOSIT Direct Deposit of all biweekly payroll checks will be required as soon as administratively practicable after the adoption of this Agreement. ARTICLE X HOURS OF WORK The normal workweek for office and maintenance personnel shall consist of seven and one-half (-1/) hours per day and five () days per week. The regularly scheduled workday will be from :00 a.m. until :0 p.m. with one (1) hour allowed for lunch, except: 1. The regularly scheduled workday for maintenance personnel shall be determined by the Director of Facilities of Property Management, and it shall consist of seven and one-half (-1/) hours per day.

12 The regularly scheduled workday for office personnel at the Highway Department shall be as has existed in the past. The position of Master Control/Booking/Property Record Clerk will be scheduled to work a shift consisting of seven and one-half (.) hours broken by a thirty (0) minute unpaid lunch period on a duty cycle of five () days of work followed by two () days off. Personnel in this position shall be assigned to work, on an ongoing basis, one of three fixed shifts. Two () positions of Master Control/ Booking/Property Record Clerk may be scheduled, as needed, to serve in a substitute capacity for absences and position vacancies. Starting and ending times and lunch period lengths may be modified as agreed between the parties provided that the normal workday shall consist of seven and one-half (-1/) hours. Offices which are required to remain open during the noon hour shall stagger employee lunch hours. An employee called in to work in the courts outside of regularly scheduled hours (night and weekend court) shall be eligible to receive a minimum of two hours pay if the employee is assigned such duty and reports for work at the scheduled time. The provisions of this Article shall in no way be construed as a guarantee by the County of any amount of work in any period or as a limitation on hours of work in any period. Switching Shifts/Duty Days. Effective July, 0 Master Control/Booking/Property Records Clerks will be allowed to switch shifts or duty days with the consent of the Employer and as long as no overtime results with such switch. Shift switching shall not occur to the extent that less than one (1) employee is available to work overtime (scheduled to work no more than seven and three quarters ( ¾) consecutive hours). No shift switches shall be less than four () hours unless approved by the supervisor. No chain switches (one employee working for another in place of a third, etc.) shall be allowed. All shift trades which are in excess of seven and three quarters ( ¾) hours per day or thirty-seven and one-half ( ½) hours per week shall not be subject to the overtime provisions of this Agreement pursuant to Section.1 Substitution, Section (p)() of the Fair Labor Standards Act. A maximum of six () trades shall be allowed per year, per employee. The initial shift switch must be under one of the following conditions: 1) the employee needs time off and the schedule does not allow it (maximum allowed already off), or ) the employee is out of time to take off (i.e. compensatory time, paid holiday or vacation time). The shift switch must be paid back within sixty (0) calendar days of the initial switch.

13 ARTICLE XI CALL-IN PAY Provides a minimum payment of two hours at time and one-half for employees who are called in to work outside of their normal hours. This provision does not apply if the employees are called in to work hours that are immediately contiguous to their regularly scheduled hours. The provisions of this article do not apply to employees of the Facilities and Property Management in a week in which they are paid for being available for work on a stand-by basis. ARTICLE XII STAND-BY PAY All employees who are required to respond to emergencies during off-duty hours on nights and weekends shall receive ten dollars ($.00) pay per twenty-four () hour day during which they are required to stand by. In the event that they are required to respond to an emergency call during their stand-by period, they shall be compensated for their time spent in responding to the call, including up to 0 minutes of round-trip travel time. ARTICLE XIII OVERTIME AND COMPENSATORY TIME Regular full-time employees who work hours in excess of the regularly scheduled workday or workweek shall receive pay or compensatory time off on a straight-time basis for the first two and one-half (.) overtime hours worked. All hours worked in excess of forty (0) in a workweek shall be compensated in the form of pay at the rate of time and one-half or with the approval of his supervisor, the employee shall be given compensatory time off at the rate of time and one-half. Paid vacation, paid holidays, and paid sick leave shall be considered as hours worked for purposes of computing overtime. A record of all such accumulation of compensatory time shall be reported to the employee's immediate supervisor on a biweekly basis and shall be fully and properly indicated on the employee's time card. Employees will be allowed to maintain a compensatory time account balance not to exceed thirty-seven and one-half (.) hours. ARTICLE XIV PAYDAYS Paydays will be biweekly with a one (1) week hold back.

14 ARTICLE XV HOLIDAYS All regular full-time employees shall receive paid time off or holiday pay, (as was provided in the past), computed at their regular daily rate for each of the following dates: New Year's Day Monday, Jan. 1 Tuesday, Jan. 1 Thursday, Jan. 1 Good Friday Friday, April Friday, March Friday, April Memorial Day Monday, May Monday, May Monday, May Independence Day Wed., July Friday, July Friday, July Labor Day Monday, Sept. Monday, Sept. 1 Monday, Sept. Thanksgiving Day Thurs., Nov. Thurs., Nov. Thurs., Nov. Day after Thanksgiving Friday, Nov. Friday, Nov. Friday, Nov. Christmas Eve Day Monday, Dec. Wed., Dec. Thurs., Dec Christmas Day Tuesday, Dec Thurs., Dec. Friday, Dec New Year's Eve Day Monday, Dec. 1 Wed., Dec. 1 Thurs., Dec 1 One (1) day floating holiday may be taken during the calendar year with the prior approval of the employee's supervisor. The floating holiday may not be taken until completion of the probationary period as defined in Article IV. Effective January 1, 0, one (1) additional floating holiday shall be granted to each employee. All regular part-time employees normally scheduled to work on any of the above dates shall receive prorated holiday pay. Office personnel in the Highway Department shall take the above number of holidays in accordance with the schedule established by the Highway Commissioner. The above holiday benefits shall apply PROVIDED that said employees shall have been on the job and available for work the last scheduled workday before and the first scheduled workday after the aforementioned dates even though in a different workweek. This latter provision shall be waived when the employee is on authorized vacation or on sick leave with pay. If one of the dates falls within an employee's vacation period or while the employee is on sick leave with pay, such dates specified above shall not be charged against earned vacation time or accrued sick leave with pay. For holiday pay purposes, an employee's regular daily rate shall be the regular daily rate the employee was receiving immediately preceding the holiday in question. Master Control/Booking/Property Record Clerks may be paid for any accumulated unused holiday time in December of each year of this Agreement in accordance with procedures established

15 by the Employer. ARTICLE XVI VACATIONS Except as hereinafter provided, all regular full-time employees shall be entitled to a vacation and shall earn annual vacation based upon their anniversary date of hiring. Employees hired after January 1, 10, shall earn vacation as of January 1 of each year. Employees hired before January 1, 10, shall have the option of converting their vacation earning schedule to January 1 of each year. The vacation schedule is as follows: One (1) week of time off with pay after one (1) year of continuous service; Two () weeks of time off with pay after two () years of continuous service; Three () weeks of time off with pay after six () years of continuous service; Four () weeks of time off with pay after ten () years of continuous service; Five () weeks of time off with pay after twenty () years of continuous service. Effective January 1, 0, after twenty () years of service, an additional one-half (1/) day of vacation shall be added for each additional year of service to a maximum of thirty (0) days of vacation after thirty (0) years of service. Employees may take one (1) week of vacation time in one (1) hour increments with the minimum vacation time off being one (1) hour. To determine the total years of continuous service, such service shall be deemed to have commenced as of the last date the employee was hired by the County. Such service shall not be considered interrupted while the employee is on military leave, leave of absence without pay, layoff, or while the said employee is receiving weekly, temporary disability benefits pursuant to the Worker's Compensation laws of the State of Wisconsin for an injury which occurred while in the employ of Winnebago County. If an employee has been on military leave, leave of absence without pay, layoff or receiving weekly, temporary disability benefits pursuant to Worker's Compensation laws of the State of Wisconsin for an injury which occurred while in the employ of Winnebago County, for more than thirty (0) days during the period used to determine his annual earned vacation, he shall receive prorated vacation on the basis of one-twelfth (1/th) of his total allowable annual vacation for each calendar month of completed service during the said annual period. All regular part-time employees shall earn annual vacations on a pro-rata basis subject to the same provisions aforementioned with respect to the determination of continuous service. Once initial vacation selections are made at the beginning of the year which will occur by

16 March 1th of each year on the basis of County-wide seniority and in accordance with department policy, remaining vacation requests shall be honored on a first-come-first-served basis contingent upon departmental staffing needs. All vacations must be taken in the one (1) year following the date that the annual vacation is earned. All vacation not used in the year in which it is available for use may be converted at the end of the year to sick leave or a maximum of five () days may be carried over into the next calendar year. Any vacation carried over into the next calendar year must be liquidated by March 1 of the subsequent year. Any employee who has completed at least one (1) year of service who terminates his employment or has his employment terminated for any reason shall be compensated for all earned vacation time unused and prorated to the date of termination. ARTICLE XVII LEAVES OF ABSENCE WITHOUT PAY To the extent that leaves of absence without pay are not governed by provisions of the state and federal family and medical leave laws, which supersede these provisions in certain cases involving the use of family and medical leave, the following provisions shall govern the use of leaves of absence without pay: Extended Illness Leave. Regular employees who have exhausted their sick leave, vacation, and floating holiday credits shall be granted leaves of absence up to thirty (0) days provided that a doctor's certificate is submitted. Extension of time beyond the thirty (0) day period may be granted at the discretion of the Director of Human Resources, subject to individual circumstances. Upon return to work from an extended leave due to illness, an employee shall submit a doctor's certificate indicating he can fully resume his normal work duties. Personal Leave. Upon approval of the department head, employees may be granted a leave of absence without pay for absences for three () days or less. Leaves of absence without pay for a longer duration shall require the approval of the department head and the Director of Human Resources. Requests for leaves of absence shall be submitted in writing to the department head at least fifteen (1) days prior to the contemplated starting date of the leave and shall state the circumstances involved, the number of days requested, and, in the case of a request for medical leave, shall be accompanied by a physician's statement. Employees on leaves of absence without pay extending beyond sixteen (1) days may continue to participate in the group health and life insurance programs provided that they assume 1

17 the payments of the premiums, except that Article XXII (a) shall modify this provision. No leave of absence without pay may be granted to an employee who has not exhausted all available vacation and floating holiday benefits. Military Leave: An employee who has a spouse on active military duty will be granted a leave of absence without pay of up to five () calendar days upon request. This leave will be granted by the County upon showing by the employee that their spouse will be on leave from active military duty during that time frame. Such leave will be granted without pay even if the employee has not exhausted all of their available vacation, compensatory time and floating holiday benefits. ARTICLE XVIII MATERNITY LEAVE Female employees shall be entitled to such necessary leave prior to and following delivery as is recommended by the employee's physician without loss of seniority; however, it is further agreed that due to the nature of the work and the possibility of physical injury to the pregnant employee, leave of absence for pregnancy shall commence at the time indicated in writing by a physician. Such unpaid leave shall not preclude an employee from using sick leave earned under Article XX, during the period of disability caused by pregnancy as determined by the employee s physician. The employee shall submit a physician's statement to the personnel office at the end of the fifth month of pregnancy and from time to time thereafter at the request of the County. Said statement must include the estimated delivery date and a statement that the employee is able to perform her full duties and responsibilities without restrictions. The employee must return to work in her same classification as soon as she is physically capable of resuming her full duties as determined by her physician. Nothing contained herein shall be applied in such a way as to deprive any employee of her rights under the Wisconsin or federal laws governing family and medical leave. ARTICLE XIX FUNERAL LEAVE All regular full-time and regular part-time employees are hereby granted a maximum of three () days funeral leave with pay to attend the funeral of a member of his or her immediate family. Such funeral leave may be used at any time commencing on the day of death through and including the week after the funeral. For purposes of this Article, a member of the immediate family shall be the employee's spouse, child, parent, mother-in-law, father-in-law, stepchild, stepparent, brother, sister, grandfather, 1

18 grandmother, grandfather-in-law or grandmother-in-law. All regular full-time and regular part-time employees are granted one (1) day of funeral leave with pay to attend the funeral of his, grandchild, aunt, uncle, nephew, niece, brother-in-law, sister-in-law, son-in-law or daughter-in-law. Employees who serve as pallbearers shall be granted one (1) day of funeral leave to attend the funeral in which the employee acts as a pallbearer. In the event that the normally allowed amount of funeral leave time is insufficient to enable an employee to attend a funeral or to attend to matters of the estate, an additional day of funeral leave may be granted by the Director of Human Resources if requested. ARTICLE XX MILITARY LEAVE The County and the Association shall comply with the requirements of Federal and State of Wisconsin law with respect to the reinstatement and seniority of employees entering or returning from service in the Armed Forces of the United States. ARTICLE XXI SICK LEAVE WITH PAY All full-time employees shall accrue sick leave with pay benefits on January 1 of each year at the rate of eight () days per year. Part time employees (0% or more) shall accrue sick leave with pay benefits on January 1 of each year at the rate of five () days per year. Unused sick leave shall accumulate from year to year. Upon voluntary termination, a non-probationary employee shall be eligible for a payout of % of his accumulated unused sick leave at his rate of pay in effect at the time of termination. An employee who retires and is immediately eligible for a pension under the Wisconsin Retirement System and who has at least twenty () years of service with Winnebago County at the time of retirement shall be eligible instead for a payout of 0% of his accumulated unused sick leave at his rate of pay in effect at the time of retirement. Effective January 1, 0, the sick leave termination benefit will be increased to sixty percent (0%) of their unused sick leave which will be paid to the retiree upon retirement. Effective January 1, 0, the sick leave termination benefit will be increased to sixty-five percent (%) of their unused sick leave which will be paid to the retiree upon retirement. In the event of the death of an employee, this benefit shall be paid to his designated beneficiary or, if none is designated, to his next of kin. Effective January 1, 0 employees will have the option of converting retiree sick leave termination benefits into post retirement payment of their group health insurance premiums. 1

19 Newly hired full-time employees shall be credited with their first full sick leave accrual of eight () days upon the completion of their probationary period and shall be eligible for their next full sick leave accrual on the following January 1. Newly hired part-time employees will be credited with their first pro-rata sick leave accrual upon the completion of their probationary period and will be eligible for their next pro-rata leave accrual on the following January 1. As a condition of sick leave payment, absences to be covered by this provision shall be reported to the department head or other designated employee at least fifteen (1) minutes prior to the start of the shift, except for the classification of Master Control/Booking/Property Record Clerks in the Sheriff s Department and employees in the Facilities and Property Management Department, where the reporting time will be at least sixty (0) minutes prior to the start of the shift, unless directed otherwise or except in cases of emergency. Absences of three () successive working days or longer shall require a physician s statement as to the nature of illness or injury and its probable duration. An employee shall be eligible to use accrued sick leave with pay for a period of absence from employment which is due to his personal illness, bodily injury or exposure to contagious disease, or to attend medical or dental appointments. For the attendance of said medical or dental appointments, an employee, except for Master Control/Booking/Property Record Clerks in the Sheriff s Office, will also have the option of making up no more than three () hours of time within the calendar week of the appointment in lieu of the use of sick leave. Employees qualified to receive sick leave with pay shall be compensated for each day of absence at the regular rate said employee was receiving immediately preceding the current sick leave. Sick leave with pay shall be granted in increments of not less than one (1) hour. An employee returning to work after an extended illness may be required to have his physician substantiate his ability to fully resume his regular job duties and responsibilities. No employee shall be eligible to use sick leave with pay within two () weeks of his employment termination date unless the employee presents an acceptable physician s verification of illness or injury. This provision shall not apply to employees who are terminating their employment and qualify for normal retirement under the Wisconsin Retirement System. An employee may use up to two () days per year of accrued sick leave with pay for a period of absence from employment which is due to the illness or medical/dental appointments of an immediate family member, as immediate family member is defined in Article XIX, Funeral Leave. Nothing contained herein shall be applied in such a way as to deprive any employee of his rights under the Wisconsin or federal laws governing family and medical leave. Employees participating in the dental insurance/sick leave package prior to January 1, 0 shall have a one-time option of discontinuing their participation in the group dental insurance/sick 1

20 leave package. These employees may elect to discontinue their participation in December of 0 with an effective date of January 1, 0. Employees who choose to elect to discontinue their participation in the package shall begin earning sick leave on a monthly basis from January 1, 0, forward, however, no sick leave balance may exceed nine hundred and sixty (0) hours and any balance above nine hundred and sixty (0) hours as of the date of participation discontinuation shall be reduced to nine hundred and sixty (0) hours. Sick Leave Control Incentive Program a. The Sick Leave Control Incentive Program shall be in effect beginning Pay Period 1, 0, and ending Pay Period, 0. Nothing herein shall be construed as requiring the County to continue the program for time periods after Pay Period, 0. b. The trimester periods for each calendar year are defined as follows: Trimester 1-Pay Period 1- Trimester -Pay Period -1 Trimester -Pay Period 1- or Pay Period 1-, whichever is appropriate. c. An employee shall be eligible for a trimester sick leave incentive benefit only if: (1) During the full term of the trimester, the employee did not use any paid sick leave, did not receive Workers Compensation Pay (except in cases when the employee suffered a verifiable lost-time work-related injury and returned to work for his/her next regularly scheduled work shift following the occurrence of the injury.), was not on an unpaid leave of absence, was not AWOL, was not tardy, was not suspended from duty for disciplinary reasons and did not take any unpaid time off the payroll; and () During the full term of the trimester, the employee was in active service; and () At the beginning of the trimester, the employee had an amount of earned and unused sick leave credit in his sick leave account of 0 hours; and () The employee was represented by the Association for at least 0 hours in the trimester period. d. In a trimester period set forth in subsection a. and b., above, that an employee is eligible for a sick leave control incentive program (SLIP) benefit, he will receive the following: (1) A Special Incentive Leave Full-time employees receiving a special incentive leave shall earn one seven and one-half (-1/) hours day off with pay. Part-time employees receiving a 1

21 Special Incentive Leave shall have their time off calculated based on the percentage of their position in the trimester in which it was earned. Such day off with pay must be used by the employee within the trimester after it is earned. For example, a day off with pay earned in Trimester 1 must be used within Trimester of that calendar year. An employee may use such day off with pay on a date he has requested provided the employee give his supervisor reasonable advance notice of the date requested and the date is determined available by the supervisor in accordance with the needs of the Department. If the employee has made a good faith effort to use the day off with pay, and it cannot be accommodated by the Department, the employee shall be entitled to be paid out for that day at the end of the trimester after which it was earned. A good faith effort shall be defined as having made a request for use of that day off, and that request having been denied by the supervisor. The processing of employee requests for time off earned under the sick leave incentive control program shall be on a first-come, first served basis. Decisions by the employee s supervisor with respect to the availability of the date the employee has requested shall be final. For purposes of this Article, calendar year shall be defined as Pay Periods 1 through or, whichever is appropriate. ARTICLE XXII INSURANCES GROUP HEALTH INSURANCE Effective with the premium for the month of October, 0, the Employer shall pay eightyfive percent (%) of the single, double or family premium of the plan selected by the employees who desire and qualify for such coverage. Effective for the month of October, 0, the employee s fifteen percent (1%) share shall not exceed ninety dollars ($0.00) per month for single coverage and one hundred eighty dollars ($10.00) per month for double or family coverage. Effective with the premium for the month of October, 0, the Employer shall pay eightyfive percent (%) of the single, double or family premium of the plan selected by the employees who desire and qualify for such coverage. Effective for the month of October, 0, the employee s fifteen percent (1%) share shall not exceed one hundred dollars ($0.00) per month for single coverage and two hundred dollars ($0.00) per month for double or family 1

22 coverage. Effective with the premium for the month of October, 0, the Employer shall pay eightyfive percent (%) of the single, double or family premium of the plan selected by the employees who desire and qualify for such coverage. Effective for the month of October, 0, the employee s fifteen percent (1%) share shall not exceed one hundred ten dollars ($1.00) per month for single coverage and two hundred twenty dollars ($.00) per month for double or family coverage. The employee s monthly insurance premium payments will be taken out of employees checks twice per month. The County's share for part-time employees who work eighteen and one-half (1-1/) hours per week or more shall be % of the amount paid for full-time employees. An employee having a spouse who also works for Winnebago County shall share one family plan. The Association will agree to comply with precertification requirements at the request of the County on all policies effective upon reasonable advanced notice to the Association of the change in policy and directions on how to implement it. PRESECRIPTION DRUG PROGRAM Effective October 1, 0, the Prescription Drug Co-Pays for all health insurance plans offered by the County will be modified to the following five () tier system: $.00 (Generic)/$1.00 (Preferred Brand)/$0.00 (Non-Preferred Brand)/$1.00 (Preferred Specialty Drugs- Injectibles)/$0.00 (Non-Preferred Specialty Drugs). GROUP LIFE INSURANCE The County agrees to make available to regular full-time and regular part-time employees Wisconsin Group Life Insurance as provided by the Wisconsin Statutes. LONG TERM DISABILITY INSURANCE The County agrees to make available to its employees a long-term disability insurance program. The County shall pay the full premium cost for all non-probationary employees (with 0-day disability start date). Effective September 1, 0, the County agrees to make available to employees who retire after August 1, 0, Long Term Care (LTC) Insurance. The retired employee shall pay the full premium cost of the LTC Insurance. DENTAL INSURANCE The County agrees to make available to employees a dental insurance plan comparable to that offered to administrative personnel. The County shall pay ninety (0) percent of the cost of 1

23 the family and single plans and the employee shall pay ten () per cent of the cost of the family and single plans. Cost sharing for part-time employees shall be on the same basis as for health insurance. County participation in the cost of any such group insurance premium will terminate upon the occurrence of any of the following: 1. An employee is off work more than one (1) year due to illness or injury; or. An employee terminates his employment or has his employment terminated for any reason; or. An employee is on a leave of absence without pay not due to illness, injury or family leave which extends beyond sixteen (1) days and the employee does not assume the payments of the premium. ARTICLE XXIII RETIREMENT The County shall pay the full mandatory employee contribution level (up to.% of salary) to the Wisconsin Retirement Fund for all participating non-probationary full-time employees. ARTICLE XXIV DEPUTIZED PERSONS It is agreed between the parties that in the event that during the term of this agreement, the courts make additional final determinations regarding the rights and employment status of persons deputized to serve under an elected official and subsequently removed from such appointment, either party to this agreement may initiate a reopening of this agreement for the sole purpose of negotiating the employment rights and employment status of any represented employee so removed. Such renegotiation shall be initiated in accordance with the procedures set forth in Article XXV, entitled: Separability. ARTICLE XXV SEPARABILITY The provisions of this Agreement are deemed to be separable to the extent that if and when a court or governmental agency of competent jurisdiction adjudges any provision of this Agreement to be in conflict with any law, rule or regulation issued thereunder, such decision shall not affect the validity of the remaining portion of this Agreement, but such remaining provisions shall continue in full force and effect.