The State of Connecticut, acting by and through the Office of Labor Relations, hereinafter called "the State" or "the Employer", and the Connecticut Employees Union "Independent", Inc., a Connecticut non-profit corporation and employee organization, hereinafter called "the Union".

WHEREAS, the parties desire to establish a state of amicable understanding, cooperation and harmony; and

WHEREAS, the parties wish to establish an equitable and peaceful procedure for the resolution of differences and to establish wages, hours and conditions of employment;

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

 

Article 1

 

Recognition

 

Section One. The State of Connecticut herein recognizes the Connecticut Employees Union "Independent", Inc. as the exclusive bargaining representative of the State employees whose job titles or classifications were placed within the Maintenance and Service Unit by the Connecticut State Board of Labor Relations, under SE-1686-C or by agreement of the parties.

 

Section Two. This agreement shall [pertain to those employees whose job titles fall within the above cited certification and shall not apply to nonpermanent employees defined as those who are appointed on a temporary, emergency, or seasonal basis.  Federal Grant Participants and employees appointed originally on a provisional basis shall be covered by the Agreement. 

Not withstanding any other provision in this Agreement, for the duration of their employment, durational employees and employees working as Guides at Newgate Prison shall be entitled to vacation, sick leave, personal leave, holidays, participation in Group Health Insurance, Group Life Insurance and the protection of just cause for any disciplinary action.

Due to the nature of durational employment, durational employees cannot be guaranteed continued employment beyond the termination date of the appointment.  Such termination of appointment is therefore without right of appeal.

 

Section Three. State Personnel through the Office of Labor Relations shall notify the Union of new maintenance and service job classifications created during this Agreement.

 

 

 

Article 2

 

Entire Agreement

 

This Agreement, upon ratification, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes collective bargaining for its term.

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the State and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter whether or not referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

 

 

Article 3

 

Non-Discrimination and Affirmative Action

 

Section One. The parties herein agree that neither shall discriminate against any employee on the basis of race, color, religious creed, sex, age, national origin, ancestry, marital status, mental retardation or physical disability including, but not limited to, blindness or lawful political activity.

 

Section Two. Neither party shall discriminate against an employee on the basis of membership or non membership or lawful activity on behalf of the exclusive bargaining agent.

 

Section Three. Affirmative Action. The parties acknowledge the need for positive and aggressive affirmative action to redress the effects of past discrimination, if any, whether intentional or unintentional, to eliminate present discrimination, if any, to prevent further discrimination and to ensure equal opportunity in the application of this Agreement. Problems, ripe or anticipated, which impact upon philosophy and/or directives of this Section shall be subject to continuing discussions between the parties but shall not be subject to the grievance procedure.

 

Section Four. No employee shall be coerced or intimidated or suffer any reprisal, either directly or indirectly, as the result of the exercise of his/her rights under this Agreement.

 

Section Five. The Employer will comply with the provisions of the Americans with Disabilities Act, (ADA). At the request of the Union, Agency Labor Management Committees shall be formulated for the purpose of ADA issues. Such Committees (not the grievance procedure) shall be the proper forum for discussion of ADA concerns identified by the Union; however, this shall not delay any actions taken to comply with the ADA.

 

 

 

Article 4

 

No Strikes - No Lockouts

 

Section One. Neither the Union nor any employee shall engage in, induce, support, encourage, or condone a strike, sympathy strike, work-stoppage, slowdown, concerted withholding of service, sick-out or any interference with the mission of any State agency. This Article shall be deemed to prohibit the concerted boycott or refusal of overtime work but shall be interpreted consistent with any local unit agreements on distribution and assignments of overtime work.

 

Section Two. The Union shall exert its best efforts to prevent or terminate any violation of Section One of this Article.

 

Section Three. The employer agrees that during the life of this Agreement there shall be no lock-out.

 

 

Article 5

 

Management Rights

 

Section One.  Except as otherwise limited by an express provision of this Agreement, the State reserves and retains, whether exercised or not, all the lawful and customary rights, powers and prerogatives of public management.  Such rights include but are not limited to establishing standards of productivity and performance of its employees; determining the mission of an agency and the methods and means necessary to fulfill that mission, including the contracting out of or the discontinuation of services, positions, or programs in whole or in part; the determination of the content of job classification; the appointment, promotion, assignment, direction and transfer of personnel; the suspension, demotion, discharge or any other appropriate action against its employees; the relief from duty of its employees because of lack of work or for other legitimate reasons; the establishment of reasonable work rules; and the taking of all necessary actions to carry out its mission in emergencies.  The contracting out of services is subject to the provisions of Article 13, Section Ten.

 

Section Two. Those inherent management rights not restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance procedure.

 

 

Article 6

 

Union Security

 

Section One. During the life of this Agreement an employee retains the freedom of choice whether or not to become or remain a member of the Union which has been designated as the exclusive bargaining agent.

 

Section Two. Union dues shall be deducted by the State employer biweekly from the paycheck of each employee who signs and remits to the State an authorization form. Such deduction shall be discontinued upon written request of an employee thirty (30) days in advance.

 

Section Three. An employee who fails to become a member of the Union or an employee whose membership is terminated for non-payment of dues or who resigns from membership shall be required to pay an agency service fee under Section Four. Dues and fees shall be calculated effective the beginning of the first full pay period following initial employment.

 

Section Four. The State shall deduct the agency service fee biweekly from the paycheck of each employee who is required under Section 5-280(a) C.G.S. to pay such a fee as a condition of employment. The amount of agency service fee shall not exceed the minimum applicable dues payable to the Union.

 

Section Five. The amount of dues or agency service fee deducted under this Article shall be remitted to the Treasurer of the Union as soon as practicable after the payroll period for which the deduction is taken, together with a list of employees for whom any such deduction is made.

 

Section Six. No payroll deduction of dues or agency service fee shall be made from workers' compensation or for any payroll period in which earnings received are insufficient to cover the amount of deduction, nor shall such deductions be made from subsequent payrolls to cover the period in question (non-retroactive).

 

Section Seven. Payroll deduction of Union dues shall be discontinued for other employee organizations not parties to this Agreement.

 

Section Eight. The State employer shall continue its practice of payroll deductions as authorized by employees for purposes other than payment of Union dues or agency service fees, provided any such payroll deduction has been approved by the State in advance.

 

Section Nine. The State employer agrees to continue voluntary payroll deductions for the Union's Political Action Fund. These deductions shall be kept consistent with federal and state law on this subject.

 

Section Ten. See Addendum A, Paragraph 5

 

 

 

Article 7

 

Union Rights

 

Section One.  Employer representatives shall deal exclusively with Union designated stewards or representatives in the processing of grievances or any other aspect of contract administration.

 

Section Two.  The Union will furnish the State employer with the list of stewards designated to represent any segment of employees covered by this Agreement, specifying the jurisdiction of each steward, and shall keep the list current.  Notification of change in stewards shall be sent concurrently to the Office of Labor Relations and to the agency involved.  Within large agencies the Union may designate certain stewards to serve as Chief Stewards, who may represent the Union in matters which are agency wide (or sub-agency wide). This language shall not be construed to limit the Union to a maximum number of stewards. To determine a total number of stewards statewide, the Union agrees to follow guidelines of approximately one (1) steward for each twenty-five (25) persons. This language has been in effect since May 1, 1986.

 

Section Three.  Access to Premises.  Union staff representatives and stewards within their assigned jurisdictions shall be permitted to enter the facilities of an agency at any reasonable time for the purpose of discussing, processing or investigating filed grievances, or fulfilling the Union's role as collective bargaining agent, provided that they endeavor to give notice prior to arrival, or if that is not practical, provided that they give notice of their presence immediately upon arrival to the supervisor in charge and do not interfere with the performance of duties.

 

Section Four.  Role of Steward in Processing Grievances.  (a)  The Stewards will obtain written permission from their immediate supervisors when they desire to leave their work assignments to properly and expeditiously carry out their duties in connection with this Agreement.

            If the immediate supervisor is unavailable and the matter requires immediate attention, the Steward shall notify the next level supervisor or leave word at the work place.  When contacting an employee, the Steward will first report to and obtain permission to see the employee from his/her supervisor and such permission will be granted unless the work situation or an emergency demands otherwise.  If the immediate supervisor is unavailable, permission will be requested from the next level of supervision.  Requests by Stewards to meet with employees and/or employees to meet with Stewards will state the name of the employee involved, his/her location and the approximate time that will be needed.  Stewards thus engaged will report back to their supervisors on completion of such duties and return to their job and will suffer no loss of pay or other benefits as a result thereof.  The sufficiency of Steward coverage shall be a subject of continuing consultation between the State and the Union.  The Union will cooperate in preventing abuse of the Section.

            When an employee wishes to see a Union Steward at the work site, he/she shall inform his/her immediate supervisor.  If the Steward is required immediately because of the urgency of the situation, the employee may attempt to contact the Steward in the easiest manner possible.  To the extent practicable, the contact shall be made in the manner least disruptive to the work situation.

 

(b)  Union Stewards exercising their responsibilities under this contract and under State Labor law shall not be limited to a prescribed number of hours for release time during any day, week or other period of time during this contract.  If, in the Employer's opinion, any steward(s) is (are) devoting an excessive amount of time to steward activities, representatives of the Union and the Office of Labor Relations will meet to reach a mutually acceptable solution of the matters; e.g., reallocation of steward assignments, full or partial leaves of absence, as provided in Article 7, Section Eight (b).

 

Section Five.  Bulletin Board.  The State will continue to furnish adequate and reasonable bulletin board space in each facility employing bargaining unit members on which the Union may post its announcements.  Bulletin board space shall not be used for material that is of a partisan political nature or is inflammatory or derogatory to the State employer or any of its officers or employees.  The Union shall limit its posting of notices and bulletins to such bulletin board space.

 

Section Six.  Use of Telephones.  At facilities where readily accessible pay phones are available, Union officers, stewards, and members should normally make any phone calls from such phones.  At facilities where such phones are not available, the Union officers, stewards or members may, if immediate action is required to resolve a question or matter within the scope of the Union's duties as exclusive representative, use the telephone facilities, subject to the reasonable discretion of management.  Long distance phone calls shall not be billed to the State.  Intrafacility telephone calls of reasonably short duration are allowed provided that there is no immediate interference with agency operations.  The Union will cooperate in preventing abuse of this Section.

 

Section Seven.  Access to Information.  The Employer agrees to provide the Union, upon request and adequate notice, access to all materials and information necessary for the Union to fulfill its statutory responsibility to administer this Agreement.  The Union shall reimburse the State for the expense and time spent for photocopying extensive information and otherwise as permitted under the State Freedom of Information Law.  The Union shall not have access to privileged or confidential information.

 

Section Eight.  Union Business Leave.  (a)  Paid leave may be granted to Union officials, delegates, representatives or designees to attend Union business related functions, meetings, conventions, meetings of national affiliates or other affiliated organizations, legislative or agency hearings.  Paid leave shall not exceed eight thousand (8,000) hours per contract year for purposes of attendance at the Union's annual convention and Union sponsored steward training programs.  An additional six hundred (600) hours per contract year shall be provided for all other Union business.  Requests for time off under this Section shall be made in writing to the Office of Labor Relations at least two (2) weeks in advance, and release shall be granted unless an agency emergency dictates otherwise.  A copy of each request shall be sent simultaneously by the Union to the employee's agency.  Any unused hours shall be carried over and accumulated from year to year.

            (b) Not more than two (2) employees from different agencies, who are elected or appointed to a full-time office or position with the Union shall be eligible for an unpaid leave of absence.  Upon return from such leave, the State employer shall offer the employee the same or similar position as the former position including pay, benefits, and duties, at the rates in force at the time of return from such leave.  If possible, the employee shall be returned to the same location.  If that is not possible, the position offered shall be within reasonable distance and the employee shall be given preference to transfer back to his/her former work site when there is a suitable vacancy.

(c)   1.  One (1) employee elected or designated by the Union to a full-time Union assignment shall be eligible for full-time paid leave.  This leave will continue for the duration of the current agreement and until a successor agreement is in place.

2.        The State shall pay all salary and benefits, including Health, Life Insurance and Pension Benefits.  The State will continue such voluntary deductions as may be authorized by him/her as if he/she was in active service.

3.        One half of the annual work hours has already been deducted from the Union Leave Bank.

4.   Upon request from the state, the Union shall make reimbursement for any gross salary not compensated from the Union Business Leave Bank (pursuant to subsection [3]).

5.   Upon completion of the leave provided for herein, the employee will be reinstated from leave of absence, to the facility and shift from which he/she was granted leave.

6.        The employee will continue to accrue all vacation time earned to a maximum of one hundred twenty (120) days. The employee may carry over more than ten (10) days per year.

(d) The Union shall not have to charge attendance to "block time" for meetings or activities sanctioned by management representatives, i.e., Labor-Management Committee meetings, Bargaining Unit Job Safety Committee activities, grievance meetings. This language has been in effect since May 1, 1986.

 

Section Nine.  Orientation and Training.  Once a month, at each institution or work location, all new employees shall be released from work, if they so desire, for one (1) hour without loss of pay, to attend a Union orientation.  The Union will provide all new employees with copies of this Agreement.  The time and location of such orientation shall be determined by mutual agreement of the Union and the Employer.

 

Section Ten. See Addendum A, Paragraph 5.

 

Section Eleven.  Union stewards who have permanent status in State service and who have served as stewards for at least two (2) months shall be deemed to have the highest seniority for purposes of selection for layoff, involuntary transfer or change in job location or shift.

There shall be no disciplinary transfers of Union Stewards without concurrence of the Union.

 

Section Twelve. Picnics or Social Events. (a)  The State agrees to continue its practices with respect to release time for Agency and local picnics and other agency or Union social events.

(b) The release of employees without loss of pay for picnics and other agency social events shall not be deducted from or charged to block time hours under Article 7 (Union Rights).

This language has been in effect since May 1, 1986.

 

Section Thirteen. (a) The State agrees to allow the Union to use space at State institutions or facilities for Union business, when such space is available, provided;

(1)     Arrangements are made at least twenty-four (24) hours in advance; and

(2)     Such arrangements do not interrupt the Employer's business; and

(3)     At institutions, meetings shall be held only in non-direct patient care areas; and

(4)     The Union shall reimburse the State for any actual costs incurred by such arrangement, such as cleaning.

(b) The Union may make such arrangements with the Agency head or person in charge of the space which the Union desires to use. This language has been in effect since May 1, 1986.

 

Article 8

 

Personnel Records

 

Section One. An employee's "personnel file" or "personnel record" is defined as that which is maintained at the agency level, exclusive of any other file or record, provided, however, in certain agencies which do not maintain personnel files or records at the agency level, the defined file or record shall be that which is maintained at the institution level.

 

Section Two. An employee covered hereunder shall, on his/her request, be permitted to examine and copy, at his/her expense, any and all materials in his/her personnel file, other than preemployment material or any other material that is confidential or privileged under law. The State employer reserves the right to require its designee to be present while such file is being inspected or copied. The Union may have access to any employee's records upon presentation of written authorization by the appropriate employee.

 

Section Three. No new negative or derogatory material shall be placed in an employee's personnel file unless the employee has had an opportunity to sign it (indicating receipt of such material). If the employee refuses to sign, a union steward or staff representative shall sign the material (indicating receipt) and be provided a copy. The copy shall be given at time of signing.

At any time, an employee may file a written rebuttal to such materials or have any such material expunged not more than eighteen (18) months from the issuance date of said material, unless similar disciplinary action is taken.

 

An employee may file a grievance objecting to any negative or derogatory material placed in his/her personnel file. However, such grievance will be arbitrable only if the employee suffers loss, prejudice, or if the material is disciplinary.

The provisions of this Section shall not apply to notices of dismissals, suspensions, demotions or disciplinary transfers.

 

Section Four. This Article shall not be deemed to prohibit supervisors from maintaining written notes or records of employee's performance for the purpose of preparing service ratings. However, such written notes or records shall be unofficial and shall not be offered by the State as evidence in any grievance procedure hearing(s) except for service ratings.

Section Five. When an employee seeks access to his/her personnel file and/or payroll records, the Employer shall provide time off, charged as work time, to travel to the Agency office to examine the file or have the file or copies of its contents timely transferred to the employee's work site for inspection in accordance with Section Two.

 

 

 

Article 9

 

Service Ratings

 

Section One. The annual service rating shall be completed at least three (3) months prior to the employee's annual increase date. A service rating will be conducted by the employee's immediate supervisor or a supervisor familiar with the employee's work and deemed to be qualified to rate the employee.

 

Section Two. The employee shall be given a copy of any service rating report which he/she is required to sign at the time of signing. An employee's signature on such form shall not be construed to indicate agreement or approval of the rating by the employee.

 

Section Three. A rating of "unsatisfactory" in one (1) category or of "fair" in two (2) categories shall constitute a rating of "less than good." Prior to issuing an "unsatisfactory" service rating, supervisors shall counsel the employee on any deficiency. When an employee is rated "unsatisfactory" in any category, the rating supervisor shall state reasons and, if practicable, suggestions for improvement.  All service ratings less than good must be discussed with the employee at an informal meeting to be scheduled by the rating supervisor, normally within seven (7) days after the employee has seen the report. For the purposes of deciding eligibility for an annual increment (step raise) a single unsatisfactory rating or two (2) category ratings of "fair" may be considered grounds for denial of such step.

 

Section Four. When the appointing authority wishes to amend a previously submitted fair or unsatisfactory report due to the marked improvement in an employee's performance, such report shall have precedence over previous reports and shall restore the annual increase.

 

Section Five. Disputes over service ratings may be subject to the grievance and arbitration procedure. In any such arbitration, the arbitrator shall not substitute his/her judgment for that of the evaluator in applying the relevant evaluation standards unless the evaluator can be shown to have acted arbitrarily, capriciously, or without relevant and supportive documentation. It is understood that only "fair" and/or "unsatisfactory" ratings in any category shall be grievable. No supervisor shall make comments within a service rating where such comments are inconsistent with the rating; however, constructive suggestions for improvement shall not be considered inconsistent with the rating.

 

Section Six. If requested by the Union the parties will enter into discussions regarding modification of the bargaining unit service rating form.

 

Section Seven. No second "unsatisfactory" service rating shall be given until after the employee has had a reasonable opportunity to correct any deficiency, in any event, not less than three (3) months. This limitation, however, does not restrict management's right to impose discipline during such period.

 

 

Article 10

 

Training

 

Section One.  The State recognizes its responsibility to provide relevant training for each new employee and to continue relevant on-the-job training for employees with the goal toward upward mobility and keeping employees current in their respective fields.

 

Section Two.  (a) Management retains the right to determine training needs, programs and procedures.  The Union may submit written recommendations concerning training needs and the same shall be a topic of discussion between the State and the Union.

(b)     Seniority shall be the determining factor used by management in selecting employees for training when there is a conflict.  Every effort should be made to give all employees a chance to attend training.  Employees turned down for training will get first consideration at the next session of that course.

(c)     The Parties may sponsor other training courses, seminars, and the like at other institutions of learning as developed with the individual agencies or In-Service Training Coordinator.  The cost of these classes, necessary supplies and books shall be deducted from tuition reimbursement funds.

 

Section Three. Tuition Reimbursement. (a) The State shall allocate fifty thousand ($50,000) dollars during each contract year for employees to participate in the existing tuition reimbursement program.  Effective July 1, 2006 this fund shall be increased by ten thousand ($10,000) dollars. Effective July 1, 2007 this fund shall be increased by ten thousand ($10,000) dollars. Tuition reimbursement for credit courses at accredited institutions of higher education, one hundred percent (100%) of cost of tuition, laboratory fees and community college service fees up to a maximum of seventy-five percent (75%) of the per credit rate for undergraduate and graduate courses at the University of Connecticut at Storrs. Tuition reimbursement for non-credit courses at accredited institutions of higher education, one hundred percent (100%) of cost of tuition, laboratory frees and community college service fees up to a maximum of fifty percent (50%) of the per credit rate for undergraduate and graduate courses at the University of Connecticut at Storrs.

(b)        The State shall allocate forty-five thousand ($45,000) dollars in each contract year for the purpose of providing relevant education and training to employees in conjunction with the Department of Education or comparable programs including continuing education requirements. Effective July 1, 2006 this fund shall be increased by ten thousand ($10,000) dollars. Effective July 1, 2007 this fund shall be increased by ten thousand ($10,000) dollars..  Implementation of such programs shall be by mutual agreement of the parties. Effective July 1, 2002 this fund shall be increased to fifty thousand ($50,000) dollars in each contract year. Effective July 1, 2004 this fund shall be increased to sixty thousand ($60,000) dollars in each contract year.

(c)        Conference Fund.  (i) Twenty-five thousand ($25,000) dollars shall be allocated per contract year to finance attendance at workshops, seminars or conferences by employees, without loss of pay or benefits.  Effective July 1, 2007 this fund shall be increased by five thousand ($5,000) dollars. No overtime will be paid nor will compensatory time accrue for travel to or from such activity or attendance at such activity.  Such workshops, seminars or conferences must be educational and beneficial to the employee and the agency and shall not include steward training.  A maximum of one thousand ($1,000) dollars shall be allotted for any one attendance and no employee will attend more than two conferences, workshops or seminars per year of this agreement.  These funds shall be used for payment of fees and/or travel expenses, including such items as meals or lodging.

            (ii) Every effort shall be made by the State to allow participation in said workshops, seminars, or conferences.  Selection of employees shall be by mutual agreement of the Union and the State.

            (iii) Upon approval of a request under this Section by the Union and the agency head, such request shall be forwarded to the Comptroller at least two (2) weeks in advance of the event.

            (iv) If any employee who has had a request approved does not attend the workshop, seminar or conference, prompt notice of cancellation shall be provided to the agency's business office which shall promptly notify the Comptroller of the cancellation.

            (v) As soon as possible but not more than thirty (30) days following the event, the employee shall submit a claim for reimbursement on the appropriate form and required receipts to the business office, which shall promptly process the claim to the Comptroller.  If no claim for reimbursement has been submitted to the Comptroller within ninety (90) days of the date a workshop, seminar or conference was scheduled, the funds committed for that activity shall be released and made available for others.

            (vi) The Union will be provided with quarterly reports showing amounts committed and/or paid.

            (vii)  Funds which are unexpended in one fiscal year shall carry over into the next fiscal year provided, however, that the conference fund will expire on expiration of this agreement.  The previous sentence notwithstanding, requests which are submitted and approved within the final six (6) months of this Agreement may be paid, with any remaining available funds, up to three (3) months following expiration of this Agreement.

            (viii) Employees who attend these activities may be requested by management to make a presentation on the events and information acquired.

(d) The Union shall be provided written quarterly reports showing amounts committed and/or paid for all accounts established in sub-sections (a), (b) and (c ) above.

(e)        Funds, which are unexpended in one fiscal year, shall carry over into the next fiscal year, and the balance of these funds shall be available in addition to the new balances. The Union shall upon request be able to interchange funds between the accounts established in sub-sections (a), (b) and (c) above.

 

Section Four.  The parties shall explore the feasibility of experimental apprenticeship programs for various trades.  The State agrees to join and implement, where practicable, apprenticeship programs including those recognized by the Veteran's Administration for reimbursement to the employee.

 

The parties shall establish a joint labor-management committee composed of three (3) representatives of the Union and three (3) representatives of the State. The committee shall meet, at minimum, four (4) times annually. The purpose of the committee will be to develop and implement training programs for upward mobility within the noncompetitive job titles of the NP-2 bargaining unit.

 

 Section Five.  Employees working second or third shifts who are approved by their agency for participation in In-Service Training Programs shall be granted equivalent time off, either in whole or in part, for time spent in such training.

 

Section Six.  Where an employee is required by the employer to attend training, the employee shall be paid for time so spent.

 

 

Article 11

 

Working Test Period

 

Section One.  The Working Test Period shall be deemed an extension of the examination process.  Therefore, a determination of unsatisfactory performance during a Working Test Period shall be tantamount to a failure of the exam.  At any time during the Working Test Period, after fair trial, the appointing authority may remove any employee if, in the opinion of such appointing authority, the Working Test indicates that such employee is unable or unwilling to perform his/her duties so as to merit continuation in such position.

 

Section Two.  (a)  The Working Test Period for job classifications in the bargaining unit shall be six (6) months.  Notwithstanding the previous sentence, the Working Test Period for employees who are promoted to non-competitive positions in the bargaining unit shall be four (4) months.

(b)        For part-time employees, the Working Test Period shall be based on hours rather than calendar months (e.g., 914 hours equals six months).

(c)        Time worked as a durational or temporary employee shall be credited toward fulfillment of the initial working test period provided the employee transitions to and is appointed to a permanent position in the same classification (job title).

 

Section Three.  The Working Test Period may, with the approval of the Commissioner of Administrative Services, be extended on an individual basis for a definite period of time not to exceed six (6) months to give the employee an additional opportunity to show ability to perform the work.

 

Section Four.  (a) Dismissal of an employee during the initial Working Test Period shall not be subject to the grievance procedure.  However, if requested, an employee who does not successfully complete the initial Working Test Period shall be entitled to a conference with the agency head or designee to discuss the reasons for such failure.

(b) Failure of an employee during a promotional Working Test Period shall be subject to the grievance procedure through Step III, provided, however, that the burden shall be on the employee to show patent unfairness of the Working Test Period due to evaluator bias or variance from the pertinent job specifications.

(c) Nothing in this Section shall be deemed to preclude the employee from going to any other forum to enforce his/her rights under this Article, i.e., Commission on Human Rights and Opportunities, Court or State Labor Board.

 

Section Five.  A promotional appointee who does not successfully complete the Working Test Period shall revert to a position in the same job classification from which promoted, and to the extent possible, at the same location and with the same duties as held prior to promotion.  If that is not possible, the employee shall be

appointed to a vacancy within a reasonable distance (normally within fifteen (l5) miles) and with similar duties as the position held prior to promotion, and shall have first preference for transfer to a position at the same location and shift at which he/she worked prior to promotion.

 

Section Six.  No new Working Test Period shall be required of an employee permanently transferred who has satisfactorily completed the prescribed Working Test Period in his/her former position.

 

 

Article 12

 Seniority

 

Section One. Seniority shall be defined as preferred status for specific purposes based in an employee’s length of uninterrupted state service from date of last hire, plus war service as defined in Section Five below, and including (a) all paid leave provided that the employee returns to work immediately following the leave, (b) unpaid medical leave of absence following exhaustion of sick leave, for up to four (4) months, for an employee who has at least one (1) year of service, provided the employee returns to work immediately following the leave, (c) for employees with more than six (6) months but less than one (1) year of state service up to six (6) months of any period of continuous layoff if the employee is reemployed, (d) for employees with  more than one (1) year of State Service up to twelve (12) months of any period of continuous layoff if the employee is reemployed, (e) non-disability maternity leave of up to six (6) months, and (f) time worked in durational status.

For employees with more than six (6) months of State service, seniority shall be bridged for any period of continuous layoff if the employee is reemployed within thirty-six (36) months. 

For purposes of layoff (job security), an employee who transfers into the NP-2 bargaining unit shall only be entitled to seniority based on the length of continuous service within the NP-2 bargaining unit.

For employees working as Guides at Newgate Prison, seniority shall be bridged for the time off the payroll between operating seasons.

 

Section Two. No employee shall attain seniority rights under this Agreement until the employee has completed the Working Test Period. Upon completion of the Working Test Period, the employee's seniority shall date back to the employee's date of hire.

 

Section Three. Seniority lists shall be maintained annually as of January 1. Copies shall be furnished to the Union and posted at each agency, department or facility no later than February 1 of the same year. An employee may request correction of his/her seniority and appropriate adjustments shall be made on a prospective basis only, unless the employee has made the request to change within thirty (30) days of posting, in which case corrections shall be retroactive. Correction of the seniority list which is not made by the agency in response to an employee's written claim for such change may be processed through the grievance procedure.

 

Section Four. Seniority shall be deemed broken by termination of employment caused by resignation, dismissal or retirement, but shall be restored to an employee who returns to service within one (1) year of a service break. Failure to report for five (5) consecutive working days without authorization, unless such absence is for justifiable reason, may be deemed as a break in seniority and may or may not be restored at the reasonable discretion of the employer.

 

Section Five. (a) War service for purposes of seniority shall be defined as in Section 27-103 Connecticut General Statutes, which includes active service during the following periods:

World War II - December 7, 19