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 employees 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