CSEA COUNTERPROPOSAL #1 TO Association Employees Union (AEU) Proposals to CSEA for Articles 1, 3, 5, 8, 9, 10, 11, 13, 16, 17, 22, 23, 26, 27, 30 and

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1 COUNTERPROPOSAL #1 TO Association Employees Union () Proposals to for Articles 1, 3, 5, 8, 9, 10, 11, 13, 16, 17, 22, 23, 26, 27, 30 and 32 7

2 Proposal #1 for Article 1 CONTRACTING FOR SERVICES ARTICLE The Employer agrees not to contract out for services normally performed by or performable by bargaining unit employees for the duration of this Agreement, except that this action shall not preclude the Employer from contracting out for the following: (a) Custodial services in Field and Service Offices; (b) Landscaping services at Headquarters; (c) Substitutes for employees on sick leave or on a leave of absence; (d) Persons hired for one hundred twenty (120) working days or less in order to meet temporary workload problems. The Employer shall not terminate a temporary employee for the sole purpose of extending the one hundred twenty (120) working day period. The Employer shall continue providing in writing to the reason for the temporary staffing and expected duration of the temporary assignment. workload issue. (e) Persons hired on a temporary basis for specified projects, not to exceed one (1) year. The Employer shall notify the Union in writing at least fourteen (14) calendar days before the beginning of the project, setting forth the nature of the project, the time frame, the number of persons to be employed, and the conditions of employment. No more than five (5) such employees may be hired at any one time, unless mutually agreed to by both parties. If requested by the Union, the Employer and the Union agree to meet and negotiate the effects of the proposed project. However, the Employer shall be allowed to proceed with the project, subject to approval of the Union. The Union agrees that their approval shall not be unreasonably withheld. In the event the Union withholds its approval, the parties agree to immediately submit the dispute to an agreed upon neutral Arbitrator for resolution. The Arbitrator s decision shall be final and binding on and. This section shall not be applied in a manner that will decrease the number of bargaining unit positions. If the Employer has a need to extend the project for more than one (1) year, the Employer shall provide the Union with a written request for an extension before the

3 expiration date of the project. Such notice shall include the reasons for the extension and the time period required. Persons hired on a temporary basis for specified projects shall remit the monthly dues/fees required of all members of the Union for the duration of the project.

4 Proposal #1 for Article 3 ARTICLE 3 Strikes and Lockouts 3.1 For the duration of this Agreement, the Union and its members agree that it shall not call, sanction or engage in any strike or work stoppage. The Employer agrees that it shall not cease or engage in a lockout. The no lockout/no strike provisions of Article 3 will be suspended during the reopeners as outlined in Articles 13 and 23.

5 Proposal #1 for Article 5 NOTIFICATION TO UNION ARTICLE 5 New Employees 5.4 Within twenty (20) working days of employment of a new employee or person performing services pursuant to Article I, section 1.3(d), the Employer shall notify the Union of the following relevant facts: (a) Name of employee, home address and mailing address (if different); (b) Position classification; (c) Salary Range Schedule and Step Placement; (d) Work Site and Department; (e) Actual Date of Hire and Date of Employment established under section 5.1 above. This section shall not apply to the utilization of members through purchase of release time for organizing purposes. shall be copied on the welcome to that is sent to every employee upon their first day of employment.

6 Proposal #1 for Article 7 ARTICLE 7 Standard Work Day and Work Week 7.1 Update and delete if need be any job classifications in this section. For purposes of this Article, Non-Exempt employees shall consist of all classes of positions, except those classes so designated, which shall be Exempt employees. NON-EXEMPT EMPLOYEES Administrative Assistant Computer Operator/Scheduler Custodian/Maintenance Worker Field Office Administrative Assistant Field Office Administrative Specialist Financial Services Assistant II Financial Services Assistant III Financial Services Assistant IV Financial Services Generalist Governmental Relations Associate IS Operations Administrator Legal Secretary Mail Clerk Member Benefits Specialist Multimedia/Design Specialist Office Systems Operator I Office Systems Operator II Office Systems Operator III Paralegal Payroll Specialist Secretary II Secretary III Senior Programmer/Analyst

7 EXEMPT EMPLOYEES Computer Network Resource Administrator Database Analyst/Administrator Data Resources Specialist Executive Coordinator Labor Relations Representative Lead Staff Attorney Member Education/Staff Development Representative New Media Coordinator Project Coordinator Research Analyst Senior Accountant Senior Communications Specialist Senior Design Coordinator Senior Editorial Advisor Senior Labor Relations Representative Senior Member Education/Staff Development Representative Senior Network Engineer Senior Programmer Analyst-Business Intelligence Specialist Senior Research Analyst Software Analyst, Researcher and Administrator Staff Attorney Systems Analyst Telecommunications Network Resource Administrator Travel/Event Coordinator Video Production Specialist Website Technician The listing of these Non-Exempt and Exempt positions are without prejudice to the right of either party to seek a determination from an appropriate governmental agency regarding the question of whether it should be considered exempt under applicable EXEMPT EMPLOYEES In the event an exempt employee has reason to believe that the extent of their workload is unmanageable, the employee shall notify his/her supervisor. The employee and his/her immediate supervisor shall then meet to review resolve the employee s concerns about his/her workload. The immediate supervisor shall render his/her written findings and course of action to the employee as soon as practicable within ten (10) working days ofafter the meeting. WEEKEND WORK Effective February 1, 2009, Any unit member required to work three (3) or more weekend day assignments within a calendar year shall receive an in-lieu day

8 commencing with the third (3rd) weekend day assignment and for each weekend day assignment thereafter.

9 Proposal #1 for Article 8 INCONVENIENCE COMPENSATION ARTICLE 8 Overtime 8.6 An employee required to work overtime for four (4) hours or more on a regular workday shall be granted a one (1) hour paid meal period, whether or not the overtime is required before or after the regular work day. COMPENSATORY TIME OFF 8.7 Upon mutual agreement between the immediate supervisor and a non-exempt employee, the employee may earn and must use all compensatory time during the same pay period, If the FLSA is amended to permit comp time as an alternative to cash payment for overtime, the parties shall negotiate over a comp time system. Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li

10 Proposal #1 for Article 9 ACCRURAL RATE VACATION PAY ARTICLE 9 Vacations The Employer shall include vacation and sick leave balances on the employee s pay check stubs or make it available through a website. These balances will only reflect data entered as of that date by the administrative staff The Employer shall not unilaterally implement blackout periods. Any blackout periods for vacation shall be negotiated between and. [FURTHER DISCUSSION REQUIRED] Discuss a pre-approval process for vacation that requires special consideration such as milestone wedding anniversaries or expensive vacations such as cruises or trips oversees. has an interest in discussing how to accomplish this in these rare situations where tickets are expensive if you wait for normal approval. It really is a matter of coverage. FURTHER DISCUSSION REQUIRED INTERRUPTION OF VACATION

11 Proposal #1 for Article 11 ARTICLE 11 Holidays 11.1 The following shall be recognized paid holidays for June 1, through May 31, : New Years Day January 1 January 1 January 1 Martin Luther King Day January 15 January 21 January 20 Lincoln s Birthday February 12 February 11 February 10 President s Day February 19 February 18 February 17 Cesar Chavez Day March 26 March 25 March 30 Memorial Day May 28 May 27 May 25 Independence Day July 4 July 4 July 4 Labor Day September 4 September 3 September 2 Veteran s Day November 10 November 12 November 11 Thanksgiving November 23 November 22 November 28 Day After Thanksgiving November 24 November 23 November 29 Christmas Holiday December 22 December 24 December 24 Christmas Holiday December 25 December 25 December 25 Christmas Holiday December 26 December 26 December 26 Christmas Holiday December 27 December 27 December 27 Christmas Holiday December 28 December 28 December 30 Christmas Holiday December 29 December 31 December Exempt employees shall receive two (2) one (1) in-lieu days for all work performed on a weekend which is assigned by the Employer in which the preceding Friday or following Monday is recognized as a holiday pursuant to section 11.1 of this Article.

12 Proposal #1 for Article 16 LAYOFF ARTICLE 16 Layoff and Loss of Seniority In case of layoff, the Employer shall notify the affected employee(s) and the Union at least forty-five (45) sixty (60)45 work days in advance The Employer shall notify the Union of proposed layoffs at least forty-five (45) sixty (60)45 work days in advance. The parties shall commence effects negotiations as soon as possible after notification to the Union. RIGHTS OF EMPLOYEES LAID OFF FOR LACK OF WORK OR FUNDS Employees who are laid off shall have the right to bump an employee holding less bargaining unit seniority if s/he meets minimum qualifications of the classification to which s/he is bumping. (a) The impacted employee(s) shall receive notifications of position(s) being eliminated and articulation of their contractual rights. This includes a work day notice to. (b) Concurrently, all less senior employees shall receive a notice indicating that due to an elimination of positions(s) and contractual bumping rights, they may be affected. (c) Ten working days from the issuance of the notification contained in (a) above, notice will then be issued advising all less senior employees, that there will be a meeting scheduled whereby all positions that could be impacted will be posted for purposes of bidding and selection of bumping rights. The time for this meeting and the time allowed for decisions by employees shall be negotiated between and during the effects negotiation process. (d) At this meeting, in order of seniority, the employees in positions being eliminated shall exercise their bumping rights. Each employee who is bumped shall subsequently exercise their bumping rights. (e) Once the bumping process has been completed, if no positions are available in which to bump, the least senior employee(s) shall receive a work day notification of layoff and bargaining of the effects of layoff shall be conducted. (e) Once the bumping process has been completed, if no positions are available in which to bump, the least senior employee(s) shall receive a work day notification of layoff and bargaining of the effects of layoff shall be conducted

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14 Proposal #1 for Article 26 ARTICLE 26 Transfers, Promotions and Demotion 26.1 All position vacancies shall be posted for five (5) full working days at all work locations. The announcement shall list the name of the previous incumbent, job specifications, service area (if applicable), and the minimum qualifications necessary for consideration of an applicant The sequence of filling all vacancies shall be: (a) Recall from the 39-month reemployment eligibility list pursuant to section , is mandatory, and prevails over all other methods of filling positions, except as it is modified by section (b) Transfer. A transfer shall be defined as a movement of an employee from one shift to another or one position to another without change of job classification. The Employer has discretion at any time to fill or not fill vacancies by transfer.the Employer has discretion at any time to fill or not fill vacancies by transfer. Any eligible employee who requests to be transferred to a vacancy shall be granted the transfer. If more than one eligible employee requests a transfer, the transfer will be determined by seniority. An eligible employee is an employee in good standing with no pending disciplinary action. The Employer may request that an employee be transferred from one position to another, for the good of the Association and at the direction of the Executive Director. The Employer agrees not to force transfer upon an employee against the objection of the employee. (c) Recall from layoff pursuant to Section , or as such 39-month reemployment eligibility list may be modified by section (d) Lateral Transfer. A lateral transfer shall be defined as a change to a job classification for which the top rate of pay is the same as the top rate of pay of the employee s present job classification. (e) Promotion. A promotion shall be defined as a change in job classification to a position for which the top rate of pay is higher than the top rate of pay of the employee s present job classification. (f) Demotion. A demotion shall be defined as a change in job classification to a position for which the top rate of pay is lower than the top rate of the employee s present job classification.

15 (g) Return to the bargaining unit. An employee who voluntarily accepted a position outside the bargaining unit may return to the bargaining unit in a vacant position and exercise his/her seniority earned while formerly in the bargaining unit. Effective upon the date that the individual returned to the bargaining unit, the Director of Human Resources or his/her designee shall establish the bargaining unit seniority of that individual based upon the original date of hire to and including the date of return to the unit, less any time served outside the bargaining unit. For the purpose of placement on the salary schedule, vacation benefits and longevity, the employee shall be credited with all years of continuous service. (h) Hiring of an outside candidate, or transfer, promotion or demotion of a probationary employee who has applied following the period of in-house posting. (i) If the position is not filled from any of the categories of this section 26.3 above, the position may be filled by the best means available as determined by the Employer Filling of vacancies not filled by 26.3 (a), (b), or (c), shall be based on meeting the minimum qualifications, seniority, experience as defined in the job description, and ability to do the job. If two or more applicants have equal ability to do the job, the applicant with the most bargaining unit seniority shall be offered the position The Union and each applicant shall be provided a notice of filling any vacancy within ten (10) days All costs attendant to any voluntary relocation of the employee and his/her family shall be borne by the employee. All costs attendant to any forced relocation of the employee and his/her family shall be borne by the Employer. When the Employer requests and the employee agrees to a transfer, the employee will be reimbursed for reasonable expenses incident to moving household furnishings, such reasonable expenses to be determined by the Employer at the usual and customary fees applicable at the time and by a mover of the Employer s choice. This section does not apply to shift transfers.

16 Proposal #1 for Article 26 ARTICLE 27 Duration 27.1 The parties agree to a 3-year term of June 1, , through May 31, The agreement shall be automatically renewed from year to year thereafter, unless either party gives written notice of a desire to modify, amend or terminate same at least ninety (90) days prior to the termination date of this Agreement In the event a written notice to modify or amend is given pursuant to section 27.1, the parties shall simultaneously exchange their proposals, in writing, at least ten (10) days prior to the commencement of negotiations. It is understood that neither party will be precluded from submitting new, modified, or additional proposals during the course of negotiations Negotiations concerning modifications or amendments to this Agreement shall begin no later than thirty (30) days after receipt of the notice of a desire to modify or amend as set out in section Negotiations shall begin no later than the March 1st prior to expiration of the Agreement unless it is mutually agreed to by both parties. During negotiations, this Agreement shall remain in full force and effect unless either the Employer or the Union gives the other party thirty (30) calendar days written notice to terminate. During extensions of this Agreement, negotiations shall continue at the request of either party.

17 Proposal #1 for Article 32 ARTICLE 32 Staff Development and Professional Growth After the completion of the approved training(s) or study course(s), the Employer agrees to reimburse the employee the cost in a timely fashion consistent with the Operating Procedure. no later than the following pay period.

18 Proposal #1 for Daily Call In Daily Call In Proposal LRRs and SLRRs will no longer be required to call in to their field office or supervisor with their daily itinerary. Itineraries shall be logged into Outlook on a daily basis. [TO BE RESOLVED EXTRA-CONTRACTUALLY] Formatted: Indent: Left: 0"