NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES Date: March 20, 2017 To: RE: NAPE PSBU Members of TSCI PSBU Employee Retention Issues The Nebraska Association of Public Employees (NAPE) Protective Services Bargaining Unit (PSBU) conducted a vote on March 17, 2017 at Tecumseh for alternative shifts, the members rejected the proposal. During this voting, employees voiced their concerns and issues about wages and no retention value to the employees. The team is in communications, discussing the issues and concerns the employees voiced at the voting. The following is the highlights of these items. These are starting points to address each issue brought before us by the membership. We are still in discussions with each other about each issue and the impact of each issue. The next vote is scheduled for Thursday, April 13 from 6 am to 7 pm. 1. Holiday Pay: Either the employee receives 12 hours holiday pay or all time worked over 8 hours on their holiday is paid at 2 times. 2. Initial Bidding: Must take place on grounds with the employee is present, not by phone and not away from work. 3. Work Week: Monday is the pivot day; there are two reasons: 1) To give value to the senior employee that wants every full weekend off 2) To give employees the choice to not work any weekends or to work every weekend. Each employee has a different view on this issue and there is no possible way to satisfy every concern. 4. Leave Scheduling: Because the employee earns leave based on a 8 hour work day and has a variable work week, the employee is only required to use 8 hours of leave for a full day off. 5. Time off in the Initial Bidding: If an employee did not schedule a day of vacation because they were planning an event on their day off, this day shall be granted off. 6. Sunset: If for any reason the sunset clause is evoked by either party; any employee that was assigned to a permanent shift and days off may return to their shift and days off. 7. Pay: Because of the location and inherent job requirements specific to TSCI, the employees of the PSBU require a special pay adjustment and because of the past and future incidents receive compensation when working over 16 consecutive hours. 5625 O STREET SUITE 10 LINCOLN, NE 68510-2198 PHONE: (402) 486-3911
THE FOLLOWING SECTIONS ARE FACILITY SPECIFIC AND APPLY ONLY TO THE SPECIFIC FACILITY INDICATED AND SHALL NOT APPLY TO ANY OTHER FACILITY (changes to facility specific language can only be negotiated by union members of the facility and final acceptance by a vote of the union members of the specific facility) M.TSCI TSCI (Tecumseh State Correctional Institution in Tecumseh, Nebraska) (Change Numbering Only) M.TSCI.1.1 (NAPE Counter)The following subsections apply to all Protective Services Bargaining Unit (PSBU) employees at TSCI only. If any language within this entire section conflicts with any language within the entire labor agreement, the language within this section M.TSCI and its subsections shall be applied in place of other language elsewhere in this Contract. (Change Numbering Only) M.TSCI.1 (NAPE Counter) ALTERNATIVE WORK SHIFTS M.TSCI.1.1 2 (NAPE Counter) ALTERNATIVE SHIFT WORK WEEK AND WORK SCHEDULE: A permanent employee assigned to a alternative work schedule is considered a full-time employee regardless of the amount of hours worked in a work week and shall be in a paid status for all scheduled hours in the work week in order to earn full leave accruals; any unpaid time will result in prorated leave earnings. For overtime purposes an employee s standard work week shall consist of seven consecutive calendar days. All hours in excess of forty (40) hours in this standard work week shall be considered overtime and compensated at one and onehalf times the regular hourly rate and applicable for all members of the bargaining unit. a. The twelve (12) hour work day work week work schedule shall be 3 consecutive days on and 4 consecutive days off the first week and 4 consecutive days on and 3 consecutive days off the second week. This work week work schedule must be permanent based on a fourteen (14) calendar day work cycle and the employee must have the same days off and the same work days every fourteen (14) calendar days. Shift Design: This shall be the employee s permanent fourteen (14) calendar day work cycle; this is what s referred to as rotating days off with Friday Monday as the pivot day. The shift hours shall be 6:00 am to 6:00 pm and 6:00 pm to 6:00 am. Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Shift A W O O O O W W W Shift B O W W W W O O O Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Shift A W O O O O W W W Shift B O W W W W O O O b. Optional Ten (10) hour work day work week work schedules must offer three (3) consecutive days off in a row in the employee work week work schedule, these consecutive days may overlap from week to week and these days off and work days are permanent and shall not rotate. M.TSCI.1.2 3 (NAPE-Counter) Vacation Leave Scheduling: Each employee assigned to an alternative work shift shall have the opportunity to select, based entirely upon their state seniority, the entire amount or any part of vacation time earned in the current year, prior to the schedule being filled in by the next senior person. To receive priority, vacation leave requests must be for two (2) consecutive work days or more. Vacation leave requests for less than two (2) consecutive work 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 1 of 7
days will be considered, but with no priority. Upon completion of current year scheduling employees may be allowed to schedule any carry over vacation, on a first come, first served basis. Clarification: a. Vacation and Sick leave amounts shall be based on hours and not days as indicated in Article 14. b. Employees will only be required to use eight (8) hours when scheduling their time off for a full work day when using vacation or sick leave and compensatory time off, but may use up to twelve (12) hours for a full work day it s the employees choice. The employee will use actual hours when taking partial time off for a work day. M.TSCI.1.3 4 (NAPE-Counter) Holiday Pay and Work on a Holiday: Each employee permanently assigned to an alternative work shift shall receive eight twelve (8 12) hours of holiday leave which shall be considered as hours worked for overtime purposes. They shall be compensated at one and a half (1.5) times their normal hourly rate of pay for all scheduled hours worked on their designated holiday, which shall also be considered as hours worked for overtime purposes. All hours worked in excess of the employee s scheduled work day shall be compensated at two (2) times their normal hourly rate of pay, and shall not be considered as hours worked for overtime purposes. OR (NOTE: Optional, if not paid 12 hours for Holiday) M.TSCI.1. 3 4 (NAPE-Option) Holiday Pay and Work on a Holiday: Each employee permanently assigned to an alternative work shift shall receive eight (8) hours of holiday leave which shall be considered as hours worked for overtime purposes. They shall be compensated at one and a half (1.5) times their normal hourly rate of pay for the first eight (8) all scheduled hours worked on their designated holiday, which shall also be considered as hours worked for overtime purposes. All hours worked in excess of eight (8) hours the employee s scheduled work day shall be compensated at two (2) times their normal hourly rate of pay, and shall not be considered as hours worked for overtime purposes. M.TSCI.1.4 5 POST/JOB DESIGNATION: All post/job assignments shall be identified, to include rotating, non-rotating and exempt post/job assignments, that shall be designated alternative work shifts and those that shall not be alternative work shifts. The employer must provide a complete shift design to include all PSBU employees with post/job assignments; to include exempt, non-rotating, rotating, and relief. When any change to any post/job assignment moves from alternative or to alternative and the post/job assignment is occupied, the employer shall offer the employee the right of refusal or the right of acceptance. If the employee chooses the right of acceptance, the employee agrees to remain in the post/job assignment and accept the any change to the post/job assignment to include the work hours, shift and days off. If the employee chooses the right of refusal, the employee shall be offered thirty (30) calendar days to select any open post/job assignment and the employer agrees to move the employee into the post/job assignment regardless of seniority and this shall not count as using a bid. After thirty (30) calendar days, if the employee has not selected a different post/job assignment, the employer may select any open post/job assignment and move the employee to the open post/job assignment. This process shall not count as the employee using a bid. a. The process of identifying and designating any post/job assignments, as an alternate shift assignment shall be completed only through labor/management meetings at TSCI where the 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 2 of 7
parties are required to work together and both must be in agreement. In other words, no 8 hour shift can be changed to an alternative shift without both sides being in agreement. M.TSCI.1.5 6 (NAPE Counter) INITIAL BIDDING PROCESS: The Employer shall implement and complete the following process. a. The Employer shall open for bid all post/job assignments to include rotating, eight (8) hour, ten (10) hour and twelve (12) hour post/job assignments that are assigned to any officer, corporal and sergeant of the PSBU; this will exclude exempt one (1) year or more and nonrotating post/job assignments. This posting must be available for review anytime the employee requests and available electronically for view. This posting must be made available at least fifteen (15) calendar days prior to the start of the bidding process. The bidding process shall last no longer than ninety (90) calendar days and must be 100% completed for all members of the PSBU or the process must start over and all prior bids are void. The start date of all post/job assignments must be within twenty one (21) calendar days from the indicated closing date / or from the date of the last employee has bid and the start date must be the same for all employees of the PSBU and for all post/job assignments of the PSBU. b. The posting must indicate the date the bidding shall start and the date the bidding shall close; and must indicate the title of each post/job assignment and include the location, shift, days off, work days, work hours, and required classification. The employer must provide a classification seniority list for each classification in order from most senior to least senior, of all PSBU employees. c. All post/job assignments open for bid shall be available to all indicated PSBU employees at the same time. In other words, any post/job assignment designated as an officer post/job assignment is available to all officers at the same time and so on for all classifications of the PSBU. d. This is a special bid and shall not count against the employees allotted fiscal year bids. e. The process shall follow this procedure: 1. For each classification by classification seniority, beginning with the most senior employee, the employee shall be called to the office and the employee shall choose their post/job assignment with the designated days off. The employee has fifteen (15) minutes to select their post/job assignment. Once the employee makes their choice, the employee is bound to their choice and may not change their choice during this process. The employee shall receive a Notice of Change in Duty Assignment; participation by phone is not allowed. 2. The employer shall immediately update the posting for employees to view the remaining available post/job assignments to prepare for their turn in the bidding process. 3. The employer and the employee shall review the employees current vacation schedule at the same time and make any adjustments necessary to accommodate the process. No employee shall be forced to forfeit any of their scheduled vacation time. The employee shall receive a receipt of guarantee of their approved vacation days for the remainder of the year. Additionally, if an employee did not schedule a vacation day on a specific day because it was their normal scheduled day off and the employee required this day off; this day shall be granted off. 4. The process continues to the next senior employee within the classification. 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 3 of 7
f. If any employee does not participate or is not able to refuses to participate for any reason on their scheduled turn, the employee shall forfeit their bidding rights for this process and the employee shall be assigned by the employer to any post/job assignment that remains after the bidding has been completed. This employee s current scheduled vacation may be accommodated if possible. g. If the employee is not scheduled to be on grounds within forty-eight (48) hours of their turn, the employer shall make four (4) attempts to call the employee, at least two (2) hours apart. If the employee does not respond to the phone call within sixty (60) minutes of the last phone call attempt, it shall be concluded the employee chose not to participate. The employee has the choice to be present in person, within two (2) hours from the time the call is responded to; or the employee can choose to perform the process via telephone. h. All dates and times must be noted on the Notice of Change in Duty Assignment. Examples: date and time the employee made the decision; date and time each phone call was attempted by the Employer, date and time employee declined to participate. i. Any employee that participates on non-work time by phone shall be paid fifteen (15) minutes or in person shall be credited with a minimum of two (2) hours of paid time. An employee that participates by phone may meet with the shift supervisor, the next available time the employee is on duty, to review the employee s current scheduled vacation to make adjustments if needed. j g. The employer shall add recently graduated eligible employees to the list and ensure they have the opportunity to select their post/job assignment. It's the responsibility of the employee to monitor the bidding process and be prepared and available. If the employee has knowledge they will be off work for more than 48 hours, the employee may provide the employer with a contact phone number and/or the employee may call into the facility to check the status of their turn in the bidding process. The employee may designate a proxy to choose their post assignment in the event they will be off work for more than 48 hours. The proxy designation form will be completed by the employee in the lieutenant s office. M.TSCI.1.6 7 (NAPE Counter) SUNSET CLAUSE: The entire M.TSCI.1 section shall be subject to a sunset clause and shall expire on June 30, 2019 and shall not carry over into the next contract. The employer shall return all employees of the PSBU to eight (8) hour post/job assignments on July 1, 2019. a. To return to eight (8) hour shifts, the same bidding process shall be used in TSCI.1.5. The employer shall maintain a record of each employee s permanent shift and days off (as of the 2 nd vote date) in the event this occurs. Employees that were previously assigned to a permanent eight hour shift and days off prior to vote taken on this agreement shall have the option to retain those permanently assigned shift and days off or enter the bidding process. During Appendix M negotiations commencing for the July 1, 2019 through June 30, 2021 contract years, Labor and Management agree, by previous representation rules for this committee, to meet and discuss. Final determination of any agreement shall be determined by a vote of the Union members of the bargaining unit within the facility during the ratification vote. M.TSCI.1.7 8 For contract years July 1, 2017 through June 30, 2019, the parties have agreed to put this proposal to a vote of the PSBU Union members of TSCI as indicated in M.3.1.1. The ballots shall read: 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 4 of 7
Accept Reject a. The parties agree to alter the language in M.3.1.1, in other words, if the ratification fails, the parties agree to meet and put only 1 (one) more proposal to a vote and this vote shall be final. This second vote shall be within 30 calendar days of the first vote. The outcome shall be viewed as a successful ratification and the parties agree to follow the outcome of the vote to be implemented thirty (30) calendar days from the vote. The ballots shall read: Accept proposal Accept current contract language and work only 8 hours shifts THE FOLLOWING SECTIONS APPLY TO ALL EMPLOYEES OF THE PSBU M.TSCI.2 Bidding: The Employer agrees to allow all employees in the PSBU two (2) times each fiscal year, either, (1) Bid out of their post/job assignment and accept new days off, or (2) Bid out of their post/job assignment, on the employee's assigned shift and retain current days off. Employees will be afforded one (1) additional bid, per fiscal year, to bid for days off only. All posts designated as 12 hour posts have been strategically assigned to a specific shift with specific days off. Employees bidding on a 12 hour post will be required to accept the shift and days off that are assigned to that post. When the employee is successful in bidding for a change, movement to the new assignment will take place within twenty one (21) calendar days of the date the bid is awarded. M.TSCI.2.1 All post/job assignments shall be open to all eligible employees. No post/job assignment shall be filled without the post/job assignment being first opened for employees to bid and filled through the bidding process. Classification seniority shall be the only consideration when awarding any bid for any post/job assignment (except for exempt post/job assignments) and the employee with the most classification seniority shall be awarded the bid. a. Within seven (7) calendar days after the closing date of the posting, the name of the employee being awarded the bid or that no bids were submitted shall be posted and available for view electronically. b. Post/job assignments opened and closed with no bids submitted shall be opened for bids again thirty (30) calendar days after the closing date, unless filled by a new hire employee. c. New hire employee(s) shall not have bidding rights until successful completion of pre-service and facility training. 1. The employee shall select a post/job assignment that has been open and closed without receiving any bids; this shall become their permanent post/job assignment. This will not be considered as using a bid. 2. The employee may be assigned into temporary post/job assignment(s) until a post/job assignment becomes available. 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 5 of 7
d. Retention Reassignment Request: In the event an employee does not have any bids remaining for the fiscal year and there is a post/job assignment or days off open for bid the employee wants, the employee may submit a formal written request to the employer to obtain the post/job assignment or days off. 1. The only means the request shall be granted is if the employee is the only employee submitting a request and no employee bids for the same post/job assignment or days off. This must be done only during the time the post/job assignment or days off are open during the bidding process. M.TSCI.3 When an employee works a voluntary or mandatory overtime assignment, the employee may request a notice either by electronic means or a hard copy document signed from the shift supervisor indicating the date the employee worked the voluntary or mandatory overtime assignment. This request shall be granted prior to the employee leaving shift. M.TSCI.4 (NAPE Counter) Facility Pay Adjustment: All permanently full time PSBU employees assigned to TSCI shall receive an additional two dollars ($2.00) per hour to their annual full-time equivalent salary base while assigned to TSCI and a member of the PSBU. M.TSCI.5 (NAPE Counter) Work Over 16 Hours: All hours worked in excess of 16 consecutive hours shall be compensated at two times the employee's normal hourly rate. 2017-2019 NAPE Counter TSCI Agreement 03-20-2017 at 8:00 AM Page 6 of 7