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.  Employees who participate in qualifying education programs shall be reimbursed up to maximum of one hundred and fifty ($150) dollars per credit for undergraduate courses and two hundred ($200) dollars per credit for graduate courses taken at accredited institutions of higher education for up to a total of eighteen (18) credits per year.  Where practicable the employer may adjust an employee's work schedule so as to accommodate course work related to employment.

(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.  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.  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 four hundred and fifty ($450) 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)        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, 1941, to December 31, 1947

Korean Conflict - June 27, 1950, to January 31, 1955

Vietnam Era - December 22, 1961, to July 1, 1975

Desert Shield/Storm - August 2, 1990, to June 30, 1994

and service while engaged in combat or a combat support role during the following periods below:

Lebanon - September 29, 1982, to March 30, 1984

Grenada - October 25, 1983, to December 15, 1983

Persian Gulf - February 1, 1987, to July 23, 1987

Panama - December 20, 1989, to January 30, 1990

Operation Enduring Freedom, Operation Noble Eagle, a related emergency operation or a military operation whose mission was substantially changed as a result of the attacks of September 11, 2001.

(b) Active military service in the armed forces of the United States and its allies during wartime for the above dates shall be credited to an employee's seniority upon submission of proof of such service (discharge papers), and shall be otherwise in compliance with Section 27-103 Connecticut General Statutes.

Section Six. To the extent contained herein, Public Act No. 87-291 is superseded.

Section One.  In the event of a reduction in force and subsequent recall to work, the provisions of this Article shall be controlling.

Section Two. For purposes of layoff selection within a classification, seniority as defined in Article 12 shall prevail.  In the event of a layoff within a job classification, temporary employees, special payroll and other supplemental workers and employees who have not completed their initial working test period shall be laid off first and they shall not have bumping rights.  The restrictions herein will not apply to patients who are employed as part of their therapeutic programs or to full or part time students who are employed as part of their educational activity.

Section Three. When the employer determines that a reduction in force may be necessary, the employer shall notify the Union and shall meet to discuss the possible alternative proposals (1) to avoid the layoff and/or (2) to mitigate the impact on the employee(s) at least ten (10) days before taking any steps to implement the decision.  Additionally, the employer and the Union shall cooperate to gather whatever information is deemed necessary to facilitate the transfer, bumping and reemployment processes.

Section Four. (a)  The employer shall give an employee not less than six (6) weeks written notice of layoff, stating the reason for such action.  During the six (6) week period the employer shall offer on a seniority basis, a transfer to a vacancy in the same or comparable class or in any other position in the same or lower salary grade the employee is qualified to fill within the Department. 

To facilitate this process an employee shall receive together with the written notice of layoff a list of Department vacancies in the same or comparable classes and a list of all vacancies in the same or comparable classes in all other State Departments within a fifty (50) mile radius.  The Union shall receive a copy of all material supplied by the employee. 

(b)  If there are no positions to which an eligible employee can bump or transfer within the Department within twenty-five (25) mile radius, the employee shall be offered, on a seniority basis, a transfer to a vacancy in the same or comparable classification at any State facility within the fifty (50) mile radius provided that the employee meets the minimum requirements of the job.  If the employee refuses to accept or if there are no transfer opportunities available, an eligible employee may exercise bumping rights as specified in Section Five.

Section Five.   In lieu of layoff when there is no vacancy, or when the employee does not accept a vacancy, an employee may bump a less senior as follows:  (a) The least senior employee in the same classification in the Department. 

(b)  If the employee does not exercise Department-wide bumping as in (a), then the employee may bump the least senior Department employee in the same classification or in a lower classification in the same classification series, at any facility of the Department within a twenty-five (25) mile radius. 

(c)  A permanent employee who is bumped  shall have the same rights as an employee who is laid off, except that a bumpee shall receive only three (3) weeks notice; however, a bumpee shall not be terminated during the initial six (6 ) week period required by Section Four (a).

Section Six. Within one week of the availability of the list of vacancies referenced in Section Four (a) above, an employee shall provide written notice of whether he/she elects to transfer or exercise bumping rights. If such election results in a lower paying position, the employee will be placed on the appropriate reemployment lists effective the date of such election.

The effective date of an election to transfer or bump will be at the sole discretion of the State.  However, the exercise of this discretion shall not impair or jeopardize the employee's election.

Section Seven.  Reemployment.  (a) The names of permanent employees who are eligible for reemployment from layoff shall be arranged on appropriate reemployment lists in order of seniority and shall remain thereon for a period of five (5) years. 

(b)  Employees shall be entitled to specify for placement on the reemployment list for all classes in which they have or formerly had permanent status, or are qualified to fill as determined by the Commissioner of Administrative Services and for all comparable classes as mutually determined by the State and the Union.  Such employee may further specify the location or locations at which he/she is willing to consider employment.

(c)     An employee who twice fails to respond or twice waives consideration of a position in a classification within the geographic area of the employee’s choice for which he/she has reemployment rights shall be sent a certified letter notifying him/her that one additional waiver or failure to respond shall result in the placement of his/her name in inactive status for that classification. An employee who, as outlined above, again waives or fails to respond, shall have his name placed in inactive status for that classification. Notification will be provided to the Union that the employee’s name has been placed in inactive status. An employee will be removed from the inactive status upon written application to the Department of Administrative Service, by certified mail indicating a willingness to accept a position, if offered.  In the event that an employee is appointed to a position from a reemployment list but such position is in a lower salary group than the class from which he/she was laid off, he/she shall remain eligible for reemployment to the higher position.  An employee appointed to a position in a lower class shall be paid for the service in such lower classification at the closest rate in the lower salary range to his/her former salary in the higher classification, but not more than the rate he/she is receiving at the time of layoff. 

(d)     Reemployment lists for classes shall be maintained by the Commissioner of Administrative Services and supplied to the appointing authorities.  The Union shall be provided accurate, complete and up-to-date copies of all reemployment lists and notice of all appointments no less than once each month. 

(e)    Employees shall be reemployed from layoff on the basis of seniority prior to filling a vacancy by any other means (other than reclassification of a filled position).

(f)    Employees who have been demoted or who have exercised bumping rights under Section Five (5) shall be reappointed to a position in their former class or comparable classes for which they meet the specific requirements on the basis of seniority prior to filling a vacancy by any other means (other than reclassification of a filled position). 

(g)    Reclassification of position shall not be utilized to defeat the contractual commitment of this Section (Reemployment).

Section Eight.  The bumper shall be paid for the service in such lower classification at the closest rate in the lower salary range to his/her former salary in the higher classification, but not more than the rate he/she is receiving at the time of transfer.  The same step placement method shall apply in instances where an employee accepts a vacancy in a lower salary range, or is reemployed in a lower salary range.

Section Nine. If layoffs according to seniority have an adverse impact on affirmative action goals or if the most senior employees do not have the requisite skills and ability to perform the work remaining, then the State and the Union shall meet to discuss the issue. If no agreement is reached within the time limits of Section Four (a), the State shall lay off employees in the manner it deems appropriate, and the Union has the right to submit the issue to expedited arbitration.

Section Ten. Impact of Contracting Out.  Impact of Contracting Out. (a)  The State will not initiate the contracting out of work normally performed by employees within the bargaining unit unless two or more of the following conditions are demonstrated:

            (1) the bargaining unit employees who would normally perform the work are unavailable to do the work even with a reasonable amount of overtime;

            (2) the bargaining unit employees do not possess the required qualifications and skills to do the work in a qualified manner or would be unable to complete the work within the requisite time with a reasonable amount of overtime;

            (3) the work can be contracted out at a lesser cost; however, any such proposal or contract shall be jointly evaluated.  The State shall cooperate fully with the Union in accomplishing such cost comparison, and in providing the Union with all cost data and documents.

            (4) budgetary constraints preclude the use of bargaining unit employees to do the work.

(b)     The State may continue to contract out work, other than task labor, which has been contracted out historically without regard to the restrictions stated in this Section.

(c)     If the State is found by an arbitrator not to be in compliance with Section 10 (a), the arbitrator’s remedial authority shall include the power to assess reasonable compensatory damages and to issue a cease and desist order applicable to any similar future contracting. Grievances filed under this section may be filed directly at Step 3 of the grievance procedure.  If the grievance remains unresolved, it may be submitted by the Union to expedited arbitration.   

(d)    During the lifetime of this Agreement, no full time permanent employee will be laid off as direct consequence of the exercise by the State employer of its right to contract out.

e)      The State employer will be deemed in compliance with this Section if; (1) the employee is offered a transfer to the same or similar position which, in the employer's judgment, he/she is qualified to perform, with no reduction in pay; or (2) the employer offers to train an employee for a position which reasonably appears to be suitable based on the employee's qualifications and skills. There shall be no reduction in pay during the training period.

Article 14

Vacancies

Section One.  For the purpose of this Article, a vacancy is defined as:

            (1) Being in the bargaining unit;

            (2) a position the employer intends to fill on a permanent basis;

            (3) a vacancy which does not require a competitive examination as a prerequisite for consideration.

Reclassification of position shall not be utilized to defeat the contractual procedures of this Article.

Section Two.  Prior to filling any vacant, non-competitive bargaining unit position, including all entry level vacancies, the employer shall send notice of such vacancy to the Union, or to the Union-designated stewards and shall concurrently post a notice of the vacancy on the bulletin boards it ordinarily uses for notices to bargaining unit employees at the facilities identified under Section Three.  Such notice shall be posted for not less than ten (10) calendar days, and the position shall not be filled prior to the expiration of the posting period.  In addition, such posting may be supplemented by Internet posting, e-mail and voice mail.

Section Three. (a)  Vacancies shall be posted at agency facilities according to the following:

            (1)  At the various institutions, colleges, schools, University of Connecticut and the Health Center, posting may be restricted to the grounds of the facility where the vacancy is to be filled.

            (2)  At the Department of Transportation and other agencies with statewide facilities, posting may be restricted to those agency facilities which are within a twenty-five (25) mile radius of the facility where the vacancy is to be filled.

(b)  All vacancies are open agency-wide, but notice shall be required to be posted only in accordance with this Article.

Section Four. Provided that no employee has recall rights, each vacancy shall first be filled by transfer from within the agency.  If the vacancy cannot be filled by transfer within the agency, then it shall be filled by promotion from within the agency.  Any employee who is seeking a transfer or promotion to another position within the agency shall be given preference over new hires unless he/she is not qualified to perform the job.

In addition to the definition supplied in Article 15, Section One, for the purpose of this Section, transfer shall also be deemed to include employee requests to change shifts and/or to change assignments involving a change in supervision within a facility. If the initial posted vacancy is filled by an employee changing shifts and/or changing assignments involving a change in supervision within a facility, the resultant and subsequent vacancies thereafter shall not be subject to any posting requirement.

Section Five. (a)  After consideration of affirmative action goals, vacancies shall be filled on the basis of greater seniority, as defined in Article 12, unless in the reasonable judgment of the employer, there is a significant difference in the work records of those seeking the position, or if the more senior employee is not qualified to perform the job.  For the purpose of this Section, “work record” shall be limited to an employee’s performance as reflected by the official personnel file during the 18-month period immediately prior to the posting of the vacancy.  The employer shall not be required to select an employee who:

            (1) does not meet the minimum requirements for the job; or

            (2) has received a less than good service rating in the most recent evaluation; or

            (3) did not have permanent status in the next lower grade, however, this shall not disqualify an employee who is competing with a new hire for a position; or

            (4) does not have the skills required for the job.

(b) If the employer selects a less senior employee to fill the vacancy in order to achieve an affirmative action goal, the more senior employee(s) who applied for the position shall be so notified, and in any grievance, the employer shall have the burden to show that the promotion achieves the goal.

(c)  In any arbitration of a dispute under this Section, unless the employer can be shown to have acted arbitrarily and capriciously, the arbitrator shall give substantial weight to the judgment of the employer in applying the relevant evaluation standards.  It shall be considered arbitrary and capricious for the employer to consider any factors other than seniority, qualifications, work record, the job-related factors described above, and affirmative action goals in making promotions or filling vacancies other than through involuntary transfers.  Junior employees cannot grieve the selection of a more senior employee.

(d)  The use of practicums shall be for the limited purpose of determining whether or not applicant(s) are qualified to perform the job.

Section Six. An employee who is promoted shall be placed in a salary step in the higher grade in accordance with the existing practice.

Section Seven. Each appointing authority shall establish and maintain procedures to assure that Merit Examination announcements are distributed or posted so that employees in the bargaining unit have a reasonable opportunity to learn of pending examinations.

Article 15

Transfers

Section One. A transfer is defined as a change in an employee's job location or job assignment. A change in the location at which a job assignment is performed at the same State facility shall not be deemed a transfer so long as the employee continues to perform the same type of assignment at the new location at the facility. A facility shall mean an individual building or connected buildings.

If a transfer is for disciplinary reasons, the employer shall so state in writing; disciplinary transfers are governed by Article 17.

Section Two.  An employee may request a transfer to a position in any classification in which he/she has attained permanent status. The employee's request shall be in writing to his/her immediate supervisor who shall forward it to the appropriate agency authority. Normally a request for transfer will not be accepted when an employee has received an employee-initiated transfer within the previous twelve (12) month period.

Section Three.  Selection of transfer applicants shall be governed by the provisions of Article 14, Vacancies.

Section Four.  Involuntary transfers shall not be made without first exhausting the voluntary transfer list.  Exceptions may be made to meet exceptional operational needs of an agency, such as in order to meet special skills requirements, adjustments of staffing requirements or in lieu of layoff.  When it becomes necessary to involuntarily transfer an employee, the employer shall select on the basis of inverse seniority, unless, in his/her judgment, there is a significant difference in the qualifications or work records of those employees who could be affected.

An Appointing authority wishing to transfer an employee who has not volunteered for such transfer shall notify the employee in writing, and except in a genuine emergency situation, shall provide at least three (3) weeks advance notice unless the transfer is within the same State facility.  In the event of a garage or facility closing involving relocation of bargaining unit employees, the employer shall notify the Union prior to initiating any transfers.

Section Five. This Article does not pertain to shifts, change of shift or so-called "transfer of shift", or the like, except as provided in Article 14, Vacancies. Other such changes are governed by Article 18, Hours of Work.

Section Six. Effective July 1, 2002 to June 30, 2005, a temporary assignment is defined as a change in the employee’s job location or job assignment of less than twenty-one (21) calendar days on the same campus at the Connecticut State Universities and/or the University of Connecticut campuses. An assignment may be made to meet operational needs. A temporary assignment shall not be deemed a transfer. No temporary assignment shall be made for the primary purpose of avoiding the payment of overtime. No employees shall be involuntarily assigned more than three (3) times in a calendar year.

Article 16

Grievance Procedure

Section One. Definition. Grievance. A grievance is defined as, and limited to, a written complaint involving an alleged violation of or a dispute involving the application or interpretation of a specific provision of this Agreement or of any provision incorporated by reference.

Section Two.  Format.  Grievances shall be filed on mutually agreed forms which specify: a) the facts; b) the issue; c) the date of the violation alleged; d) the contract section alleged to have been violated; e) the remedy or relief sought.

In the event a grievance filed is unclear or incomplete and not in compliance with this Section, the State Employer shall make its best effort to handle the grievance as the employer understands it.

A grievance may be amended up to and including Step II of the procedure as long as the factual basis of the complaint is not materially altered.  In the event that no Step lI conference is held, the grievance may be so amended at Step III.

Section Three. A Union representative, with or without the aggrieved employee, may submit a grievance and the Union may in appropriate cases submit an "institutional" or "general" grievance in its own behalf. When individual employee(s) or group of employees elect(s) to submit a grievance without Union representation, the Union's representative or steward shall be notified of the pending grievance, shall be provided a copy thereof, and shall have the right to be present at any discussions of the grievance, except that if the employee does not wish to have the steward present, the steward shall not attend the meeting but shall be provided with a copy of the written response to the grievance. The steward shall be entitled to receive from the employer all documents pertinent to the disposition of the grievance and to file statements of position.

Section Four. The grievance procedure outlined herein is designed to facilitate resolution of disputes at the lowest possible level of the procedure. It is therefore urged that the parties attempt informal resolution of all disputes and to avoid the formal procedures.

Section Five. A grievance shall be deemed waived unless submitted at Step I within (30) days from the date of the cause of the grievance or within (30) days from the date the grievant or any Union representative or steward knew or through reasonable diligence should have known of the cause of the grievance.

Section Six. The Grievance Procedure

Step I.  A grievance may be submitted within the thirty (30) day period specified in Section Five to the employee’s first supervisor in the chain of command who is outside the bargaining unit.  Such supervisor shall meet with the Union representative and or the grievant and issue a written response within five (5) days after such conference, but not later than ten (10) days after the submission of the grievance.

Step II.  Agency head or designee.  When the answer at Step I does not resolve the grievance, the grievance shall be submitted by the Union representative and/or the grievant to the agency head or his/her designee within seven (7) days of the previous response.  Within fourteen (14) days after receipt of the grievance, a conference will be held with the employee and a written response issued within five (5) days thereafter.

Step III.  Office of Labor Relations.  An unresolved grievance may be appealed to the Director of Labor Relations or his/her designee within seven (7) days of the date of the Step II response.  Said Director or his/her designated representative shall hold a conference within thirty (30) days of receipt of the grievance and issue a written response within fifteen (15) days of the conference.

Step IV.  Arbitration.  Within thirty (30) days after the State's answer is due at Step III, or if no conference is held within forty-five (45) days, within thirty (30) days after the expiration of the forty-five (45) day period, an unresolved grievance may be submitted to arbitration by the Union, but not by an individual employee(s), except that individual employees may submit to arbitration in cases of dismissal, demotion or suspension of five (5) working days or greater.

Section Seven.  For the purpose of the time limits hereunder, "days" shall mean calendar days unless otherwise specified.  The parties by mutual agreement may extend time limits or waive any or all the steps hereinbefore cited.  The State Employer may waive any or all steps herein except Step III and Step IV.

Section Eight. In the event that the State Employer fails to answer a grievance within the time specified, the grievance may be processed to the next higher level and the same time limits therefore shall apply as if the State Employer's answer had been timely filed on the last day.

The grievant assents to the last attempted resolution by failing timely to appeal said decision, or by accepting said decision in writing.

Section Nine.  Arbitration (a) The parties shall establish a panel of mutually acceptable arbitrators.  Unless the parties agree to the contrary for a particular case, the arbitrator shall be selected by rotation in alphabetical order from the panel of arbitrators.  Appeals involving dismissal, layoff, disciplinary transfer and any issue the parties mutually agree to shall be expedited using the above-described rotational system.

Submission to arbitration shall be by certified letter, postage prepaid to the Director of Labor Relations.  The expenses for the arbitrator's services and for the hearing shall be shared equally by the State and the Union or in dismissal, demotion or suspension cases when the Union is not a party, one-half the cost shall be borne by the State and the other half by the party submitting to arbitration.

On grievances when the question of arbitrability has been raised by either party as an issue prior to the actual appointment of an arbitrator, a separate arbitrator shall be appointed at the request of either party to determine the issue of arbitrability.

(b) The arbitration hearing shall not follow the formal rules of evidence unless the parties agree in advance, with the concurrence of the arbitrator at or prior to the time of his/her appointment.

In cases of dismissals, demotions or suspensions in excess of five (5) days, the parties may request the arbitrator to maintain a cassette recording of the hearing testimony. Costs of transcription shall be borne by the requesting party. A party requesting a stenographic transcript shall arrange for the stenographer and pay the cost thereof.

The State will continue its practice of paid leave time for witnesses of either party.

(c)  The arbitrator shall have no power to add to, subtract from, alter, or modify this Agreement, nor to grant to either party matters which were not obtained in the bargaining process, nor to impose any remedy or right of relief for any period of time prior to the effective date of the Agreement, nor to grant pay retroactivity for more than thirty (30) calendar days prior to the date a grievance was submitted at Step I.  The arbitrator shall render his/her decision in writing no later than thirty (30) calendar days after the conclusion of the hearing unless the parties jointly agree otherwise.

The arbitrator's decision shall be final and binding on the parties in accordance with the Connecticut General Statutes Section 52-4l8, provided, however, neither the submission of a question of arbitrability to any arbitrator in the first instance nor any voluntary submission shall be deemed to diminish the scope of judicial review over arbitral awards, including awards on arbitrability, nor to restrict the authority of a court of competent jurisdiction to construe any such award as contravening the public interest.

Section Ten.  Disputes over an employee's job classification shall be processed through Step III of the grievance procedure.  Unresolved classification grievances may be submitted through the Commissioner of Administrative Services to a panel of three (3) Personnel Officers selected from agencies of one hundred (l00) or more employees.  The Union shall be entitled to have a representative attend all deliberations of the panel and to offer input during the deliberations.  The decision of said panel shall be final.

Section Eleven. Notwithstanding any contrary provisions of the Agreement, the following matters shall not be subject to the grievance or arbitration procedure: (a) appeal of rejection from admission to an examination; (b) disputes over claimed unlawful discrimination in violation of Article III (Non-Discrimination and Affirmative Action), Section One, shall be subject to the grievance procedure but shall not be arbitrable in any case where the Commission on Human Rights and Opportunities has asserted jurisdiction; (c) the decision to layoff employees; (d) non-disciplinary termination of employees (e.g. Federal Grant Participant, etc.); (e) classification and pay grade for newly created jobs, however, this clause shall not diminish the Union's right to negotiate on pay grades; (f) written affirmation of oral warning(s) whether placed in the personnel file or not shall be subject to the grievance procedure but shall not be arbitrable; (g) any incident which occurred prior to this Agreement, with the understanding grievances filed which outdate this Agreement shall not be deemed to have been waived by reasons of execution of this Agreement.

Section Twelve. The Union shall be entitled to have present at any grievance meeting (except as provided in Section Three, above) one steward designated to appear on behalf of aggrieved employee(s). Additionally, the Union may bring a reasonable number of witnesses to grievance meetings, who shall be released from work with no loss of pay or benefits. The Union agrees to limit the number of witnesses to those reasonably necessary to present the facts of the case avoiding repetition and minimizing the impact on the Employer's productivity.

Article 17

Dismissal, Suspension, Demotion

and Other Discipline

Section One. No permanent employee who has completed the working test period shall be demoted, transferred for disciplinary reasons, suspended, discharged or otherwise disciplined except for just cause.

Section Two.  The employer shall notify the Union in writing of all discipline inclusive of any reprimand, demotion, disciplinary transfer, suspension (including the docking of pay for disciplinary reasons), or discharge concurrent with the written notice to the employee.  Such written notice shall cite the reasons for the discipline, effective date of discipline, and the notice of right of appeal.  If the Union or the employee desires to grieve the disciplinary action, written notice thereof shall be submitted directly to Step II of the grievance procedure within fourteen (14) days of receipt of the notice of discipline, or else the grievance is waived notwithstanding any provisions of the Agreement to the contrary.  A copy of such notice of appeal shall be sent concurrently to the employee's agency designee.

Section Three. The State reserves the right to discipline or discharge employees for breach of the No Strike Article. An employee may grieve whether he/she participated in a violation of such article.   If, in an arbitration proceeding, the employer establishes that the employee(s) breached the no Strike Article, the arbitrator shall have no power to alter or modify the discipline imposed.

Section Four. Employer Conduct for Discipline. If an employer has an immediate need to correct or counsel an employee it shall be done in a manner so as not to embarrass the employee in front of other employees or members of the public who happen to be in the vicinity of the employee's work station.

Section Five. In cases which involve a criminal investigation or the disposition of a criminal charge related to the employee's work or work performance, the employee may be placed on an unpaid leave of absence pending administrative action of the appointing authority. An employee may draw upon all his/her earned leave (except sick leave). The employer shall investigate alternative assignments for the employee in lieu of unpaid leave. In all other cases involving investigation, an employee shall be placed on a paid leave of absence and shall be informed of the nature of the alleged charges. If an employee is discharged or suspended as a result of the investigation, the effective date of such discharge or suspension shall be the effective date of the leave of absence. If the employee is not dismissed as a result of the investigation, he/she shall be reinstated with full pay retroactive to the starting date of the leave. Such reinstatement, however, shall not preclude other disciplinary action.

Section Six. Investigatory Review. An employee who is being interviewed concerning an incident or action which may subject him/her to disciplinary action shall be immediately notified of his/her right to have a Union steward or other Union representative present, provided this provision shall not unreasonably delay completion of the investigatory interview. This provision shall be applicable to investigation before, during or after the filing of a charge against an employee or notification to the employee of disciplinary action.

The provisions of this section shall not be interpreted to prevent a supervisor from questioning an employee at the scene of the incident. No employee shall be requested to offer or to sign a statement to be used in a disciplinary proceeding against himself/herself without being advised of his/her right to Union representation. If the employee waives the right to representation in this instance, such waiver shall be in writing and signed by the employee.

Section Seven. To the extent practicable, the investigation or discipline of employees shall be scheduled in a manner intended to conform with the employee's work schedule, with an intent to avoid overtime. When an employee is called to appear at any time beyond his/her normal work time, and actually testifies, he/she shall be deemed to be actually working. If the employee's steward is on duty at the time of the meeting, he/she shall be released for the meeting with pay.

Section Eight. The grounds presently spelled out in Section 5-240 for dismissal, demotion, suspension and reprimand including the consequences of unsatisfactory service rating(s) are hereby incorporated by reference.

Section Nine. When an employee is demoted, suspended or discharged, each party shall provide to the other, upon request, copies of all written documents to be submitted in evidence at a grievance hearing. Such documents shall be provided one week prior to the scheduled grievance conference.

Section Ten. An employee may be temporarily transferred within a twenty-five (25) mile radius for a period not to exceed ten (10) working days in order to investiage and/or resolve potential employee conflicts or situations of alleged sexual harassment. The Union will be notified of this transfer prior to its taking effect. No employee shall be involuntarily temporarily transferred more than one (1) time in a calendar year.

Article 18

Hours of Work, Work Schedules and Overtime

Section One. Work Schedules. (a) Standard Workweek. The standard workweek for full-time employees shall be thirty-five (35) hours in five (5) consecutive days with regularly established starting and ending times.

(b) Nonstandard Workweek. A nonstandard workweek for full-time employees shall average no more than five (5) workdays and thirty-five (35) hours per week (Friday through Thursday) over a period of eight (8) weeks or less.

(c) Unscheduled Workweek. An unscheduled workweek for full-time employees shall be thirty-five (35) hours in five (5) days, with starting and ending times determined by the requirements of the position.

(d)  Effective on July 4, 1997, the standard workweek shall be increased with appropriate pay by two and one half hours (2 ½) to thirty-seven and one half hours (37 ½) per week in accordance with Article 18, Section 19.

Nonstandard schedules and/or schedules which vary from the standard workweek shall be increased in accordance with the increases to the standard workweek described in this Section.

The salary schedule shall be modified to reflect the annual, daily and biweekly rates that conform to the increased workweek. Accrual of vacation, sick leave and personal leave earned after the above date shall reflect the increased standard workweek and standard workday.

(e) Effective July 4, 1986, all employees who are assigned to a forty (40) hour workweek shall have all benefits calculated on that basis.

Section Two. Employees shall receive two (2) weeks written notice of any change in previously scheduled hours or workweeks, except in emergencies and then in no event less than twenty-four (24) hours.

Section Three. (a) During the life of this Agreement, prior to the establishment or disestablishment of nonstandard or unscheduled workweeks as defined in Section One (b) and (c), the State shall notify the Union and shall negotiate to the full extent required by law. The Union agrees to make every reasonable effort to conclude negotiations within thirty (30) days. If that is not possible, the State may implement the proposed schedule change or a modification thereof which may have resulted from the discussions with the Union.

(b) The employer shall notify the Union when it significantly changes agency operating hours and/or establishes significantly different work schedules. Upon request of the Union, the employer shall negotiate with the Union over the impact of such changes on the employees.

(c) When it becomes necessary to involuntarily change an individual employee's work schedule, the employer shall select on the basis of inverse seniority, unless in his/her judgment, there is a significant difference in the qualifications or work records of those employees who could be affected.

(d) Changes in workweeks and hours shall be made on the basis of reasonableness. No change in work schedules shall be made for the primary purpose of avoiding the payment of overtime. The State shall receive and discuss suggestions to modify workweeks once established.

Section Four. Meal Periods. Meal periods shall be scheduled close to the middle of a shift consistent with the operating needs of the agency. Employees who are required to remain in attendance during meal periods shall have such time counted as time worked.

Section Five. Rest Periods. Unless precluded by existing agency policy, and subject to the operating needs of any agency, employees will be scheduled to receive a fifteen (15) minute rest period in each half shift.

Conn DOT placed employees working on an 8:00 a.m. to 3:30 p.m. shift on an 8:00 a.m. to 4:00 p.m. work schedule effective July 4, 1997. Therefore, DOT employees shall take the afternoon coffee break (fifteen minutes) at the end of the shift in addition to clean up (ten minutes) time.

Section Six. Upon request of an employee and by mutual agreement between the employee and an appropriate management designee, and with the concurrence of the Union, the employee's work schedule may be rearranged to accommodate needs in such areas as child care, transportation or participation in an educational program.

There shall be no arbitrary or unreasonable denial of an employee's request for a non permanent change in schedule to meet problems or needs as provided in this Section, and grievances alleging such arbitrary or unreasonable denial shall be expedited and filed directly to Step 1. Individual employee needs and requests will continue to be addressed under this Article 18, Section Six, not Article 18, Section 20.

No modifications in schedule changes approved or allowed under this Section will be changed or withdrawn without the requisite notice provided in Article 18, Section Two.

Section Seven. When it becomes necessary to reassign an employee involuntarily from one previously established shift to another, the employer shall select the employee with the least seniority in the job classification requiring the reassignment. An exception to the use of seniority may be made to meet urgent operational requirements (not related to financial reasons). When such involuntary reassignment is made outside of seniority order, it shall be for a period of no more than sixty (60) consecutive calendar days. An employee who is selected for such reassignment outside of seniority order shall be entitled upon request to a written explanation of the reasons for his/her selection from the employer. Any employee to be reassigned involuntarily shall receive at least two (2) weeks written notice, except in an emergency, and then in no event less than twenty-four (24) hours.

Section Eight. Equalization of Overtime. The employer shall survey Maintenance Unit employees to determine willingness to work overtime. Subject to the provisions of the overtime section, voluntary overtime shall be distributed equally among qualified volunteers with similar skills and duties. Overtime shall be reasonably equalized according to equalization work unit or shift over each six (6) month period.

When an employee refuses voluntary overtime, the hours offered shall be charged to the employee as if worked, for equalization purposes.

When there are insufficient volunteers available for overtime work, the employer will endeavor to distribute such overtime work among qualified employees who normally do such work.

An employee shall not be penalized for not volunteering for overtime work. However, an employee who refuses an order to work overtime may be subject to disciplinary action.

There shall be no basis for any employee claim for compensation in any form for hours not worked.

Overtime records shall be maintained at each agency or facility which utilizes employees on overtime. Such records shall be maintained or posted in an area convenient to the employees and shall be kept in a manner easily understandable by the employees. Such records shall also be available for inspection by the Union. If an agency chooses not to post overtime records, the employees shall have the absolute right of access to the necessary information during their normal working hours even if such working hours do not coincide with the regular business hours of the agency.

Section Nine. Employees shall be entitled to exchange shifts in accordance with present practice.

Section Ten. It is understood that employees should have a reasonable expectation of working a regular schedule and shift. Consequently, the employer shall not reschedule or change an employee's shift or days off for the purpose of avoiding overtime.

Section Eleven.  All work schedules shall be filed with and approved by the Director of Labor Relations and filed with the Union prior to becoming effective.  This Section does not preclude the responsibilities of the parties under previous Sections of this Article.

Section Twelve.  Current practices with respect to compensatory time for regularly scheduled work upon Declaration of Emergency shall be continued.

Section Thirteen. It is understood that some members of the bargaining unit must work during weather extremes. Under such extremes, the employer shall take reasonable steps to protect the health and well-being of employees, e.g., by curtailing work, providing additional or extended rest periods.

Section Fourteen. The employer will continue its practice of allowing employees who are engaged in unusually dirty work ten (10) minutes at the end of the work day as personal clean-up time. The employer retains the right to determine the conditions under which this provision shall apply and to revoke the opportunity to clean up in emergencies and where the working situation would be disrupted thereby. Employees shall not use clean-up time as a means for early dismissal from duty.

Section Fifteen. If an employee has been functioning under emergency conditions, he/she shall not be released from work within three (3) hours of his/her normal starting time and shall be assigned productive work.

Section Sixteen. Overtime. (a) After the calculation of overtime in accordance with this Agreement (see generally this Article) an employee's additional FLSA payment, if any, shall be calculated according to the rules set forth in the FLSA (29, CFR Part 778 et seq.). In determining whether said employee is eligible for FLSA overtime payment, only "actual hours worked" as defined in the Act, shall be counted. Furthermore, the FLSA calculation shall be offset by the amount of overtime calculated in accordance with this Agreement and existing practice, for that FLSA work period.

(b) The State will continue to pay overtime to eligible employees at the straight time rate for hours over thirty-five (35) but under forty (40), and at time and one-half for hours worked over forty (40), except as provided otherwise in Section 5-245 for employees on rotating shifts and unscheduled positions and classes, and except for averaging schedules approved by the Commissioner of Administrative Services.

            Effective July 14, 1989, the State shall pay overtime to eligible employees at the rate of time and one-half for any hours over eight (8) per day, for any hours worked on an employee’s normally scheduled days off, or over forty (40) hours per week.

(c) An employee who is required to report for work on an overtime basis shall be assigned to at least four (4) hours of work before being released. An employee who is recalled within two (2) hours after being released from work shall be considered to have never been released and shall be paid accordingly. If the employee is recalled within two (2) hours of a prior release, the four (4) hour guarantee shall begin with the time of release, rather than the time of recall.

(d) Exempt Employees. i. During the life of this Agreement, Section 5-245(b) (1) shall be deemed to exempt from overtime all employees being paid above Salary Group 24, and those unclassified positions which on June 30, 1977, were deemed exempt positions. Exempt employees who are required by the State to attend regular and recurrent evening meetings or otherwise to be called out regularly and recurrently to perform work outside the regular scheduled workweek shall be authorized to work a flexible work schedule or to receive compensatory time off, and exempt employees who are required by the State to perform extended service outside of the normal workweek to complete a project or for other State purpose shall be authorized to receive compensatory time off. In no event shall such time be deemed to accrue in any manner or be the basis for compensation on termination of employment.

ii. Inasmuch as it is not feasible for General Supervisors and others above the grade eligible for overtime pay to be granted compensatory time off during the winter season (November 1 to April 30), these employees shall receive applicable overtime pay for overtime hours worked during this period which are related to snow and ice or other weather emergencies.

iii. As a result of the implementation of the Objective Job Evaluation (OJE) negotiations should any current employee, due to an upgrading, become ineligible for overtime because of the applicable rate stated above such employee shall continue to be eligible for overtime as long as he/she remains in the upgraded position. Employees hired or appointed to such a position subsequent to the OJE implementation shall continue to be exempt if paid above Salary Group 24.

(e) Overtime pay shall not be pyramided.

(f) Where practicable, overtime checks shall be paid no later than the second payroll period following the overtime worked.

(g) All paid leaves of absence shall be considered as time worked for purposes of computing overtime.

Section Seventeen. As used in this Article, the term "emergency" means "a situation or occurrence of serious nature developing suddenly and unexpectedly and demanding immediate action."

Section Eighteen.  The Department of Transportation may establish short-term temporary pre-arranged evening/early morning work schedules for selected highway/bridge maintenance activities which it deems necessary.  Such schedules shall not be established for routine emergency overtime and snow and ice work.

            (a)  Such schedules consisting of shifts of at least seven and one-half (7½) hours shall be a minimum of one week to a maximum of six months in duration, and will start and end some time between 7:00 p.m. and 5:30 a.m. the next day, and may include weekends.  A minimum of two weeks notice will be provided to establish such a shift.

            Assignments to such schedules shall only be on a voluntary basis and may be from one or more garages.

            If a 4-days, ten (10) hour per day, work week is implemented by the Department, time and one-half will not be paid until after 40 hours in the work week or after ten hours in the work day.  Leave time will be taken on an hour for hour basis, with holidays based on the standard work day.

(b) Safety.    The DOT acknowledges that the safety of its employees and customers is one of its primary concerns.  Accordingly, the Department shall take every reasonable safety prcaustion for night shift operations in order to ensure safe and healthy working conditions for all employees.  On night work sites with high traffic volume, other special site conditions or unusual weather conditions, DOT shall utilize additional signs, electronic warning signals, illumination, additional crash units and any other available means to protect employees.  If all of the above precautions are not adequate to ensure worker safety, such work shall be scheduled during daylight hours with all appropriate safety precautions.  DOT shall promptly act upon input from the Union regarding safety concerns for night work operations.

            A base station shall be on the air when employees are working on the early shift or on night work for safety reasons.  However, cellular phone(s) shall be provided if no base radio is operating.

(c) Temporary Night Shift Differential. A shift premium of $2.00 per hour will be paid in lieu of any other shift or weekend differential to employees who are assigned to such temporary shifts for all such hours worked or on paid leave.  This premium shall also be paid for any eligible overtime hours worked on such established shifts, but the premium itself shall not be paid at the one and one-half rate.

Section Nineteen.  (a) After February 1, 1997 and before May 1, 1997, each Agency and the Union shall meet to discuss the method of implementation and the impact of an additional half hour increase in the work day (2.5 hours in the work week) to be effective July 4, 1997.

Discussion may include the beginning and ending times; accommodation of day care and other employee needs, use of flex time, use of compressed work weeks, 4-day work weeks and similar compressed schedules, and other related issues.  After receiving Union input the determination of the Agency will be final, and not subject to the grievance procedure.

The increase in the length of the standard workweek shall be effective as follows:

Date of Increase July 4, 1997      

Workday Increase          One half hour daily        

Workweek Increase 2.5 hours weekly (37.5 hours)

The increase in the length of the standard work week shall be effective at the start of the pay period.

(b) Paid Leave:  The monthly accrual of vacation and sick leave shall be earned on the basis of the increased length of the standard work day on a prospective basis, starting August 1, 1997.  The crediting of personal leave shall reflect the length of the standard work day as of January 1, 1977.  Employees who use a full day of personal leave after the above increase in the length of the work day, however shall receive the increased compensation for the longer work day, but shall only be charged the number of hours that equaled the standard workday as of January 1, 1997.

(c) General Applicability: The parties intend that all contract provisions will be interpreted and applied consistent with the increased workweek and increased workday.  In order to avoid repetitive changes in various contract sections for each change in the workweek, the parties agree that all references to the thirty-five hour workweek shall be considered to have been updated to reflect the increased workweek.  Similarly, all references to the seven hour workday shall be considered to have been updated to reflect the increased workday.

(d) Part-Time Employees: The above increases in the length of the standard workweek shall not apply to part-time employees although the State retains its right to increase the schedules of part-time employees.  The parties agree that the pro-rating of benefits for part-time employees shall be calculated based upon the increased standard workweek, and that the specified minimum number of hours for health benefits (i.e. 50% of the full-time standard workweek) or other benefits shall  be increased in accordance with the increased workweek.

(e) It is agreed that the increase in the standard schedule and workday will not affect the leave accrual calculations of a part-time employee whose work schedule has not otherwise been changed.  It is expected that the change in part-time calculation to a proportion of a 37.5 week that is then applied to a 7.5 hour day will not reduce the monthly leave accruals of a part-time employee whose schedule remains at the same number of hours per week.  It is agreed, however, that if there was to be a reduction in the monthly accrual based solely on the mathematical calculation, it would be addressed by the parties in order to maintain the benefit of the current calculation of a proportion of a 35 hour week that is applied to a 7 hour day.  This provision shall not be applicable to a part-time employee whose schedule is increased or reduced.

(f) It is further agreed that the increase in the minimum eligible hours will not disqualify a part-time employee currently receiving health insurance benefits whose work schedule has not otherwise been changed.  For example, a part-time employee with a eighteen hour per week schedule as of January 1, 1996 (and who continues on that schedule) shall retain health coverage despite the increase in the minimum eligibility standards to 18.75 hours on July 4, 1997.

Section Twenty. Notwithstanding any provision of this Agreement, the Union and any individual State agency may agree to modify work schedules when the parties determine that such modification is in the best interests of increasing efficiency or productivity, or reducing costs.

Upon written request of the Union, the parties shall meet within thirty (30) days to discuss and explore alternative work schedules within its institutions/departments/facilities/work units, including day and evening shifts, shift beginning and ending times, accommodations of daycare and other employees' needs, use of flex-time, use of compressed workweeks, 4-day workweeks and similar workweek schedules as well as other related issues. The written request will detail the specific topics to be discussed and the reasons for requesting such changes.

The provisions may be especially applicable, but not limited, to experimental or pilot programs dealing with operational, staffing, scheduling, or other work related problems.

Any modification or change agreed upon between the parties under this Section shall not become effective until reduced to writing and approved by the Union and the Office of Labor Relations acting on behalf of the State. No further legislative action shall be required for any supplemental agreement or change hereunder to become effective and binding on the parties beyond this initial approval.

Article 19

Safety

Section One. The Union and Employer recognize that too great an emphasis cannot be placed upon the need for safe and healthy working conditions. The parties shall mutually strive to improve such conditions. The State shall maintain safe and healthy working conditions.

Section Two. There shall be a Bargaining Unit Job Safety Committee comprised of two (2) representatives of the Union and two (2) representatives of the State. The Committee shall meet monthly to review and respond, in writing, to written complaints filed as above and to review and recommend other safety and health measures in the various agencies covered by this Agreement and as the same may affect members of the bargaining unit. Committee decisions and recommendations shall be made by a majority vote of the entire Committee. Recommendations of the Committee shall be forwarded to the responsible authorities in charge of the affected facility or agency and shall be promptly addressed. In the event of a stalemate, the recommendation of each side shall be forwarded to the responsible authority. The Committee shall be entitled to a written response to its unanimous or majority recommendations within thirty (30) days. Such response shall include an analysis of the Committee recommendations. If the responsible authority does not agree with the Committee, the authority shall propose an alternative or provide an explanation of the reasons for disagreement with the recommendations as part of the response. The Bargaining Unit Job Safety Committee shall then review the response and make a final recommendation to the responsible authority within thirty (30) days. If the responsible authority does not agree to timely implement the final recommendation of the Bargaining Unit Job Safety Committee, it shall so respond in writing within ten (10) days,  and thereafter the Union may submit the matter directly to Step III of the grievance procedure.

Section Three. Committee members, when acting as a body, shall be paid for time spent on Committee activities, including inspections and investigations, at their normal base rate of pay, or shall receive compensatory time off (in lieu of overtime) if such activities fall outside their normal work schedule.

Time off shall be granted to Union designees to conduct inspections or investigations of matters being considered by the Committee; and, additionally, to attend scheduled meetings with State officials and/or agency designees to discuss health and safety issues. All time off under this section is subject to giving the Office of Labor Relations at least two (2) weeks notice.

A bank of 1,200 hours per year is provided for time spent by the Union designees in pursuing the activities outlined in this section as well as time spent by them in responding to imminent danger situations.

No member of the Committee shall hold himself/herself out as being on official Committee business unless the Committee as a whole has so determined.

Section Four. The Union shall cooperate with the Employer in carrying out all of the Employer's safety measures and practices for accident prevention. Employees shall perform their duties in each operation in such a manner as to promote safe and efficient operation of each duty and of each job as a whole. The Union agrees that employees shall use the health and safety equipment provided by the Employer. An employee who knowingly fails to perform work in conformance with the Employer's safety rules or approved safety standards shall be subject to disciplinary action. It is incumbent upon each employee to report known safety hazards. An employee in reporting safety hazards shall notify his/her immediate supervisor in writing and said supervisor shall acknowledge receipt of the report in writing, and the employee shall receive a timely report of its disposition. If the employee does not feel that the problem has been corrected in a reasonable period of time he/she may submit a written complaint, with copies of the supervisor's report of disposition to the Bargaining Unit Job Safety Committee. The employer agrees to follow its own safety and/or health policies and procedures.

Section Five. No employee shall work on, with, or about an unsafe piece of equipment or under an unsafe or unhealthy condition. Such equipment shall be tagged until appropriate repairs are made.  No employee shall perform a task for which he/she has not received appropriate training or without qualified supervision when the absence of such training or supervision make the task unsafe. No employee shall be disciplined for refusal to work or to operate equipment when he/she has reasonable grounds to believe that such would result in imminent danger to life or of serious physical harm. In event of imminent danger to the safety of employees performing a particular task, the employees involved should immediately inform the on-site supervisor. If such notification does not resolve the problem, one of the employees may notify one of the Union members of the Bargaining Unit Job Safety Committee. Such member shall immediately contact the safety designee of the agency involved and a management member of the committee. If the Union member, through no fault of his/her own, can't contact the agency designee or is not satisfied that the agency will immediately address the problem, then such member may, in conjunction with the management member, or alone, proceed to the job site in question to investigate the matter.

The same procedure shall be followed in the event of the death or serious personal injury involving a bargaining unit member.

Before leaving his/her work site, such committee member must comply with the procedures outlined in Article 7, Sections 3 and 4, as if on steward release. Time used for such investigations shall be reported to the Office of Labor Relations as soon thereafter as possible and be deducted from the bank created in Section Three.

Section Six. (a) The Employer shall continue to provide all safety equipment (other than items of personal apparel) which is required in order to perform assigned work.  (b) On or about July 15 of each contract year, each employee who is required to wear safety shoes shall receive the specified payment for the purchase of such shoes.

Section Seven. Hazardous or Unpleasant Duty. (a) Hazardous duty is work performed which has a risk of serious illness or injury, or death, which risk is different from that normally inherent in the duties of the classification of the employee involved. Unpleasant duty is work which may not be hazardous but which causes extreme physical discomfort or stress, such as physical exertion in cramped quarters, exposure to fumes, dust, noise, waste or human or animal remains, which discomfort or stress is different from that normally inherent in the employee's job.

(b) Premium pay for hazardous or unpleasant duty as specified by current regulations or Q-Items shall continue. Premium pay for newly designated hazardous or unpleasant duty may be established at either one and one-half (1½) or one and one-quarter (1¼) times the applicable hourly rate, depending on the degree of such hazard or unpleasantness, in relation to current regulation or Q-Item. Premium pay shall be paid for all hours of such work or exposure.

(c) Each agency shall establish a committee to receive and review requests for premium pay hereunder (except for that already established by Q-Item or regulation).  The Committee shall include one (1) management member familiar with safety policy and one (1) member selected by the Union.  The Committee shall meet and act upon any request for premium pay for hazardous or unpleasant duty within ten (10) days of the receipt of such request.  A unanimous Committee decision to disapprove a request for premium pay shall be final.

            In the event that the Committee recommends premium pay or fails to reach agreement, the recommendation (or statements of the Committee members) shall be presented to the agency head or designee for appropriate action.

            The agency head or designee shall act upon a request for premium pay within thirty (30) days of the receipt of the request from the Committee. The agency head or designee shall forward his/her response to said request to the Bargaining Unit Job Safety Committee.

            Requests for premium pay under this subsection are limited to claimed hazardous or unpleasant duties assigned to employees on or after July 1, 1989. If duties initially assigned prior to July 1, 1989, are brought to the Committee's attention and are found to be hazardous or unpleasant duty, the Committee shall order either that the duty be removed or the situation be remedied to address the hazardous or unpleasant nature of the assignment.

(d) The Bargaining Unit Job Safety Committee shall receive and act upon recommendations concerning premium pay forwarded by an agency head or designee. The Committee shall act upon said request within thirty (30) days of receipt. A Committee decision to disapprove the request shall be final.

            In the event that the Committee recommends premium pay or fails to reach agreement, the recommendation (or statements of the Committee members) shall be presented to the Commissioner of Administrative Services for appropriate action. If the Commissioner grants the premium pay, it shall be calculated effective from the date the request was originally submitted. If the Commissioner denies the premium pay, he/she shall provide written explanation, with copies to the committee. The Commissioner of Administrative Services shall act on such request and forward his/her response to the Bargaining Unit Job Safety Committee within thirty (30) days of receipt.

(e) The Union, but not an employee, may submit disputes over premium pay to arbitration. In any such arbitration, the arbitrator's decision shall be binding on the parties.

(f) Time limits specified above may be extended by mutual agreement.

Section Eight. The State shall:

(a) provide the Union with any industrial hygiene tests, safety reports, ventilation and noise control engineering studies or safety related engineering studies prepared by it or on its behalf and relating to any agency or department in which bargaining unit members work.

(b) maintain a list, at each facility, of harmful or toxic substances stored or used at each facility. The State shall provide a copy of said list to the Union upon request.

(c) inform and educate employees regarding safe practices for chemicals at each facility; and, shall not expose any employee to any harmful or toxic substance without providing him/her, upon request, a Material Safety Data Sheet (MSDS).

(d) promptly notify the Union of all accidents involving serious personal injury or death; and, also, provide copies of any of the following records upon the request of the Union: Supplementary Record of Occupational Injuries and Illnesses, OSHA Number 101 or equivalent; Log and Summary of Occupational Injuries and Illnesses, OSHA Number 200; Annual Occupational Injuries and Illnesses Survey, OSHA Number 200-S.

(e) provide medical examinations for employees exposed to health hazards as determined to be necessary by State medical personnel.

(f) cooperate with members of the Bargaining Unit Job Safety Committee in cases where the Committee or the Union requests permission to conduct any industrial hygiene tests, safety studies, ventilation and noise control engineering studies or safety-related engineering studies relating to any agency or department in which bargaining unit members work, provided there is no disruption of the work of the Employer, and provided there is no cost to the Employer beyond funds allocated in subsection (g) of this section.

(g) allocate twenty thousand ($20,000) dollars per contract year to be applied towards funding those safety and health-related activities cited in subsection (f) above. Approval for use of funds allocated in this subsection for specific activities shall be by majority vote of members of the Bargaining Unit Job Safety Committee.

Section Nine. An employee required to perform work in any security designated area shall be supplied appropriate identification. When an employee is required to work in a controlled area or ward within an institution, he/she may require that the work area be isolated if necessary to insure the employee's safety.

Section Ten. Disputes over unsafe or unhealthy working conditions regarding physical facilities shall be processed through Connecticut OSHA. If jurisdiction over the condition is specifically declined by Connecticut OSHA, then the issue may be processed through the grievance and arbitration procedure. Safety disputes relating to matters other than physical facilities may be processed through the grievance and arbitration procedure. The arbitrator shall not have the authority to mandate the hiring of additional staff. The arbitrator shall be obligated to consider the impact of any award with respect to an Agency budget and shall issue no award of major impact unless the issue poses significant risk of life or serious injury. Any such arbitration shall be governed by Article 16, Section Nine.

Section Eleven. It is understood that some members of the bargaining unit must work during weather extremes. Under such extremes, the employer shall take reasonable steps to protect the health and well-being of employees, e.g., by curtailing work, providing additional or extended rest periods.

Section Twelve. (a) The Union may designate specific stewards, from among those designated under Article 7, Section Two, to act as `Safety Stewards' within their specified jurisdiction. The Union will furnish the State with a list of the designated `Safety Stewards' in the manner specified in Article 7, Section Two, of this Agreement.

(b) The agency or facility will deal exclusively with such designated `Safety Stewards' if he/she is available with respect to safety and health matters.

(c) When CONN-OSHA or the Bargaining Unit Job Safety Committee makes an on-site visit, the designated safety steward, if on duty, shall normally accompany the site inspection team, subject to agency operating needs.

Article 20

Compensation

Section One. General Wage Increases.  

(a) Effective July 1, 2002, the base annual salary for all bargaining unit employees shall be increased by three percent (3%).

(b) Effective July 1, 2003, the base annual salary for all bargaining unit employees shall be increased by three percent (3%).

(c) Effective July 1, 2004, the base annual salary for all bargaining unit employees shall be increased by three percent (3%).

(d) The entry level rates for salary groups 1 through 12 shall continue to be ten percent (10%) below Step 1 for each group in each year of this Agreement for employees in their initial working test period.  Upon completion of the working test period the employee shall advance to Step 1 of the salary schedule and be paid accordingly.

(e) Effective July 1, 2001, employees performing the function of guide at Newgate Prison shall be placed in the Step of the Salary Group for the Guide job classification that corresponds with his/her pro-rated years of service.

Section Two (a). Employees hired between January 1 and June 30 of any year shall receive their first annual increment in the January next following the date of hire.  Employees hired between July 1 and December 31 of any year shall receive their first annual increment in the second next January following the date of hire.  Employees will continue to be eligible for and receive annual increments in accordance with existing practice and paid accordingly in the pay period which would include July 1 and/or January 1, based upon the employee's anniversary date, in each year of this agreement.

(b) Effective July 1, 2002, through June 30, 2005, employees at the maximum step of the salary plan shall be eligible for a lump sum payment of five hundred ($500) dollars.  The payment shall be made as of the date the increment would have applied (e.g., January 1 or July 1) and may be denied for a “less than good” service rating.

Section Three.  (a) (1) The Safety shoe allowance provided under Article 19 (Safety) shall continue to be $70.00.

(2) Effective upon legislative approval, the safety shoe allowance shall be increased by $20.00.

(3) Effective July 1, 2001, the safety shoe allowance shall be increased by $20.00.

(b) The Safety Shoe Allowance will be extended to otherwise eligible employees who are hired after July 15, but before February 1, of any contract year. Payment shall be made on or about February 15. Employees hired on or after February 1, shall not be eligible for such payment for that contract year.

Article 21

Group Insurance

Section One. (a) Health Insurances. The State shall continue in force the health insurance coverages modified by the Health Care Cost Containment Committee on February 3, 1997, unless modified by the Health Care Cost Containment Committee, or by coalition bargaining conducted pursuant to Connecticut General Statutes Section 5-278.

(b) Life Insurance. The existing group life insurance program shall continue in force for the duration of this Agreement.

Section Two. Members of the bargaining unit shall continue to have the election to join qualified Health Maintenance Organizations (H.M.O.'s) in lieu of medical coverage under this Agreement. In the event that new or additional Health Maintenance Organizations become operational in Connecticut and are approved by the Comptroller, employees will have the option of enrolling in such programs. The State's contribution for premiums for such programs shall be governed by existing practice.

Article 22

Longevity

Section One.  Employees shall continue to be eligible for longevity payments in accordance with existing practice. The longevity schedule in effect on June 30, 1988, shall remain unchanged in dollar amounts during the life of this Agreement.

Section Two.

LONGEVITY – SEMI-ANNUAL PAYMENT

Salary     10         15          20          25

Group   Years   Years     Years     Years

1-11    75.00    150.00   225.00   300.00

12       75.25    150.50   225.75   301.00

13       92.00    184.00   276.00   368.00

14       94.75    189.50   284.25   379.00

15       97.50    195.00   292.50   390.00

16      100.50   201.00   301.50   402.00

17      103.25   206.50   309.75   413.00

18      106.00   212.00   318.00   424.00

19      109.00   218.00   327.00   436.00

20      111.75   223.50   335.25   447.00

21      114.75   229.50   344.25   459.00

22      136.25   272.50   408.75   545.00

23      142.00   284.00   426.00   568.00

24      147.75   295.50   443.25   591.00

25      153.25   306.50   459.75   613.00

26      159.00   318.00   477.00   636.00

27      164.50   329.00   493.50   658.00

28      170.25   340.50   510.75   681.00

29      187.50   375.00   562.50   750.00

30      193.00   386.00   579.00   772.00

Article 23

Shift and Other Salary Differentials

Section One. Employees in Salary Group 19 and below whose jobs are regularly assigned to shifts beginning before 6:00 a.m. or after 2:00 p.m., or to "split shifts", or to extended shifts of more than ten (10) hours, shall be entitled to shift differential payment in the amount of sixty-five ($.65) cents per hour.  Effective July 11, 2003, the shift differential shall be increased to seventy-five ($.75) cents per hour.  Eligibility for shift differential payments is tied to the shift, not the individual's work schedule.  Therefore, when an employee works on any established shift which meets the criteria set forth above, the employee is entitled to the shift differential payment.

            Payment is to be made whether the employee works a regular shift or an overtime shift, provided the shift meets the eligibility criteria.  Payment shall be made for all hours worked during the eligible shift.

            The following classifications will continue to be eligible for shift differential payments after OJE implementation:

            Assistant Supervisor,

            Central Warehouse

            Boat Captain

            Building Superintendent 3

            Farm Manager

            Farm Supervisor

            Laundry Supervisor 3

            Maintenance Supervisor I (Elect) (HVAC) (Plumber)

Maintenance Supervisor II (Adaptive Med.) (Auto) (Carpentry)

(General) (Grounds) (Locksmith) (Machine Shop) (Masonry)

(Mechanical Equipment) (Office) (Painting) (Tinsmith)

Maintenance Supervisor II (Electrical) (HVAC) (Plumber)

Lead Sawyer

Supervisor of Transportation Operations

Transportation Machine Shop Supervisor (Bridge) (Highway)

Transportation Garage Supervisor

            Classes under appeal or in existence on January 13, 1989 which have not received an evaluation shall remain eligible for shift differential payments if they are currently eligible, regardless of the results of the appeal or evaluation.

Section Two. Shift differential shall not be paid for work which is not a part of an established shift, e.g., overtime work which falls between 2:00P.M. and 6:00 A.M., or which extends an employee's work day for more than ten (10) hours.

Section Three. Shift differential shall be included in pay for vacation, holiday, sick leave and personal leave days, provided that the employee would have been eligible had he/she not been absent.

Section Four.  Weekend Differential. (a) For the purposes of this Article, a weekend is defined as the forty-eight (48) hour period beginning at 11:00 p.m. on Friday night and ending at 11:00 p.m. on Sunday night.

            (b) Weekend differential shall be paid for working a full shift with a majority of shift hours falling on the weekend.

            (c) Weekend differential shall be paid only for employees working in seven (7) day operations and only for hours worked and not while such an employee is on leave on any nature.

            (d) The weekend differential shall be forty ($.40) cents per hour.  Effective July 11, 2003 the weekend differential shall be increased to fity ($.50) cents per hour.

Section Five. Employees, other than those employed by the Department of Transportation, who are required to supervise or train inmates and such is not a function within their job specification shall be paid a differential of sixty ($.60) cents per hour for each hour actually worked in such assignment and not while an employee is on leave of any nature.  Effective July 1, 2004, this differential shall be increased to seventy cents (70¢) per hour.

Section Six. (a) The extra compensation provided under Item No. 425-Q involving employees who work in freezer storage areas shall be sixty ($.60) cents per hour.  Effective July 1, 2004 this differential shall be increased to seventy ($.70) cents per hour.

(b)The extra compensation paid to Department of Transportation employees with fire and crash standby assignments at airports, shall be seventy ($.70) cents per hour.  Effective July 1, 2004, this differential shall be increased to eighty ($.80) cents per hour.

Section Seven. Inmate Work Program. (a) All DOT Maintainer 2's and 3's assigned to supervise inmates shall be paid on a "Q" as a DOT Maintainer 4; all DOT Maintainer 1's with such assignment shall be paid on a "Q" as a DOT Maintainer 3.

(b) After six months of continuous (over 50% Q-Time) service as an inmate supervisor, a DOT Maintainer 2 or 3 shall be submitted for reclassification on a durational basis to DOT Maintainer 4; a DOT Maintainer 1 with such assignment shall be submitted for reclassification on a durational basis to a DOT Maintainer 3, retroactive to the beginning of the assignment.

(c) The employee shall remain in this classification until such time as

(1)         the Inmate Work Program is cancelled or curtailed, or it becomes generally inactive at a particular garage, or

(2)         the Department determines the employee cannot nor should not carry out the assigned duties any longer, or

(3)         the employee requests removal/reassignment from the Program.  At that time, the employee shall be reassigned to his/her previous permanent classification

(d) When such assignment is anticipated, the DOT shall post the assignment for no less than (10) days.  Posting requirement shall be limited to the garage involved.  If there are no acceptable applicants for this assignment at the garage, the posting will be extended to all garages under the Superintendent’s jurisdiction and the inmate van will be garaged at the facility where the selected applicant normally works.  Selection will be at management’s discretion.

(e) While in durational status, the employee may apply for transfer to postings at his/her previous permanent levels only but may apply for promotional positions at any higher levels as per the governing provisions of the NP-2 Contract and this agreement.  If selected for transfer or promotion, the employee’s duties as an inmate supervisor shall cease, and he/she shall commence the duties of the new position to which appointed.

(f) Employees assigned to this program shall sign a statement acknowledging the above provisions, and a copy of the Department of Correction’s “Do’s and Don’ts” will be provided to the employee.  The employee will also receive an outline of the responsibilities.

(g) Employees who are supervisors in the Inmate Work Program will receive a paid lunch period whenever they are assigned a crew of inmates.

(h) When the program is enlarged, the Department will notify the Union.

Article 24

Retirement

The terms and conditions of employee retirement benefits have been negotiated separately by the State and the Union and shall continue under the terms of that Agreement.

Article 25

Class Reevaluations

The procedure set forth in this Article supersedes the provisions of 5-200(p) relative to the right of the employees or the representatives to appeal for Class reevaluation (upgrading).

Class Reevaluation Hearing Process for Classes Studied under the Willis Point System:

Class Reevaluation Process:

1. The Union but not an individual employee shall have the right to appeal in writing to the Director of the job evaluation unit by submitting a complete description of those changes in job content/working conditions that would be significant enough to affect evaluation.

2. When there is a determination by the OJE unit that there are significant enough changes in job content/working conditions to affect the evaluation of the class, the Director will schedule a Master Evaluation Committee conference within sixty (60) days.  This frame may be extended for an additional thirty (30) days by mutual agreement.

3. If the director determines that there are not significant enough changes in the job content/working conditions, the OJE unit will notify the Agency and the Union. The Union has the right to appeal the determination of the OJE director to a mutually agreed upon arbitrator or permanent umpire who shall be experienced in public sector position classification and evaluation. He/she shall base his/her decision on the following criteria:

(i) Whether there was a change in job content/working conditions of the class appealed significant enough that would change its evaluation points.

(ii) Having found a significant enough change in job content/working conditions, the class shall be presented to the Master Evaluation Committee for evaluation.

4. The results of a Master Evaluation Committee class reevaluation hearing are considered to be the final evaluation for  that appeal.

Article 26

Temporary Service in a Higher Class

Section One. An employee who is assigned to perform temporary service in a higher class shall, commencing with the thirty-first consecutive calendar day, be paid for such actual work retroactive to the first day of such work at the rate of the higher class as if promoted thereto, provided such assignment is approved by the Commissioner of Administrative Services.

Section Two. Such assignments may be made when there is a bona fide vacancy which management has decided to fill, or when an employee is on extended absence due to illness, leave of absence or other reasons.  Extended absence is one which is expected to last more than thirty (30) calendar days.

Section Three. An appointing authority making a temporary assignment to a higher class shall issue the employee written notification of the assignment and shall immediately forward the appropriate form seeking approval of the assignment from the Commissioner of Administrative Services in writing.

Section Four. If on or after the thirty-first consecutive calendar day of such service, the Commissioner of Administrative Services has not approved the assignment, the employee upon request shall be reassigned to his/her former position, subject to the provisions of Section Five.

Section Five. In the event the Commissioner of Administrative Services disapproves the requested assignment on the basis of his/her judgment that the assignment does not constitute temporary service in a higher class, the employee shall continue working as assigned with recourse under the appeal procedure for reclassification but not under the grievance and arbitration procedure.  The form certifying the assignment will specify the rights and obligations of the parties under Sections Four and Five.

Section Six. This Article shall not be deemed to supersede the pre-existing practice under Item 419-Q.

Section Seven. Temporary assignments to a higher class for periods of thirty (30) calendar days or less shall not be utilized to defeat the basic contractual obligation herein.

Article 27

Permanent Part-Time Employees

Section One. Permanent part-time employees will continue to receive wages and fringe benefits on a pro-rata basis to the extent provided under existing rules and regulations.

Part-time employees who work five (5) days per week shall receive pro-rata holiday and personal leave days. Part-time employees who work less than five (5) days per week shall receive holiday pay when the holiday falls on their regularly scheduled work day.

Permanent part-time employees shall also be entitled to other rights and benefits described herein, including seniority, access to grievance machinery and all other sundry provisions to the extent applicable under existing rules and regulations.

Section Two. Permanent part-time employees working under twenty (20) hours per week (excluding retired, reemployed workers and unscheduled intermittent employees) shall be eligible for all benefits currently provided to over twenty (20) hours per week permanent part-time employees except as follows:

(a) Article 7 - Union Rights. Representation of part-time less than twenty (20) hours per week employees shall be accomplished through the use of full-time employees currently designated as stewards and staff representatives of the Union.

(b) Article 10 - Training. Section 3: Eligibility for participation in listed programs cited in this Article shall be limited to permanent part-time employees under twenty (20) hours per week with three (3) or more years seniority.

(c) Article 13 - Order of Layoff or Reemployment.

(1) Section 4(a): Notice of layoff requirement for permanent part-time less than twenty (20) hours per week employees shall be two (2) weeks.

(2) Section 5(c): Notice to bumpee shall be one (1) week. No layoff shall occur in original two (2) week notice of layoff period. Permanent part-time employees who work less than twenty (20) hours per week may exercise bumping rights over other part-time employees only.

(3)     Section 7: Permanent part-time employees who work less than twenty (20) hours per week shall have reemployment rights to part-time positions only.

(d) Article 14-Vacancies.  Add Section 8:  Subject to the provisions outlined above, movement of permanent part-time less than twenty (20) hours per week employees to full-time non-competitive positions shall be governed by the following.  Employees who have not received a less than good service rating in their most recent evaluation may apply for available full-time positions in their current classifications performing similar duties within their same agency, and shall be given preference over new hires, unless there is a significant difference in qualifications.

(e) Article 15 - Transfers. Section 4: Notice requirement of permanent involuntary transfer of permanent part-time less than twenty (20) hours per week employees shall be two (2) calendar weeks. No such notice shall be required if the transfer is within the same State facility.

(f) Article 18 - Hours of Work, Work Schedules and Overtime, Section 1, 2, and 3 shall not apply to less than twenty (20) hours per week employees.

(g) Article 19 - Safety. Section 4: Permanent part-time less than twenty (20) hours per week employees required to wear safety shoes shall receive fifty-five ($55.00) dollars for the purchase of such shoes at the time of hire and bi-annually thereafter on or about July 15.

(h) Article 21 - Group Insurance (Health). Health insurance coverage will be given to those permanent part-time employees who are regularly scheduled to work at least (17½) hours per week.

In the event that a less than (17½) hours per week employee's work schedule averaged over four (4) successive calendar months, equals or exceeds (17½) hours per week, such employee shall be eligible for participation in the State's health insurance program. Such participation shall end when the employee's work schedule falls below (17½) hours per week averaged over four (4) calendar months.

(i) Article 26 - Temporary Service in a Higher Class. Section 1: Thirty (30) consecutive working days shall be substituted for "Thirty-first" (31) consecutive calendar days when referring to part-time less than twenty (20) hours per week employees.

(j) Article 28 - Vacation and Article 29 - Sick Leave. Current practice will continue with respect to eligibility for accrual and use of vacation and sick leave.

(k) Article 30 - Personal Leave. Part-time less than twenty (20) hours per week employees do not receive personal days.

Article 28

Vacation

Section One. (a) Employees who were on the payroll June 30, 1977 and who have continued their employment without interruption, shall continue to earn paid vacation credits according to Regulation 5-250-2 except that employees who have completed twenty (20) years of service shall earn paid vacation credits at the rate of one and two-thirds (1-2/3) work days for each completed calendar month of service.

(b) For employees hired on or after July 1, 1977, the following vacation leave shall apply:

0-5 years, One (1) day per month; over 5 and under 20 years, one and one-quarter (1¼) days per month; over 20 years, one and two-thirds (1-2/3) days per month.

Section Two. No employee will carry over, without agency permission, more than ten (10) days of vacation leave to the next year, except in extraordinary situations and with the permission of the agency. Such permission shall not be unreasonably denied.

For employees hired on and before June 30, 1977, the maximum accumulation of vacation leave shall be one hundred twenty (120) days. For employees hired on and after July 1, 1977, the maximum accumulation shall be sixty (60) days.

Section Three. (a) Normally, individual vacation days will be requested five (5) or more days in advance, but an employee may request such time with less than twenty-four (24) hour notice for each day requested.  Such vacation days will be granted whenever agency operating needs permit.

(b) An employee may take earned holidays, vacation or personal leave days in conjunction with one another.

Section Four. (a) Assignment of vacation time off shall be made at the times desired by an employee.  In the event that more employees request the same vacation time off than can be reasonably spared for operating reasons, vacation time off shall be granted based upon seniority.

(b) To assist in the scheduling of vacation time the department, agency, institution or other local operating unit shall solicit and obtain between March 1 and April 1 of each year, vacation requests of employees.  An employee must request a block of time of four (4) days or more in order to have seniority considered.  Vacation requests submitted under this provision shall be granted on the basis of seniority, and once approved, shall not be denied on the basis of a later request by a more senior employee.

Vacation schedules of employees shall be conspicuously posted by the department, agency, institution or other local operating unit no later than April 30 of each year.

(c) Requests for vacation leave of four (4) or more days shall be approved or denied in writing within ten (10) working days.  If denied, an employee who feels aggrieved by the denial may submit a grievance directly to Step II of the greivance procedure.

(d) Employees are encouraged to use vacation credits in full days, but may use them in minimum units of one-half (1/2) hour.

Section Five. The appointing authority or his/her designated representative may authorize vacations for maintainers during winter storm season if it will not impair the ability of the crews to function effectively. Any employee who feels aggrieved by a denial may submit a grievance directly to Step III of the grievance procedure within fourteen (14) calendar days of receipt of the notice of denial.

Section Six. Upon written request to the agency, no later than three (3) weeks prior to the commencement of a scheduled vacation period, an employee shall receive such earned and accrued pay for vacation time as he/she may request, such payment to be made prior to the commencement of the employee's vacation period. Such advances shall be for the period of not less than one (1) pay week and shall not exceed the length of the employee's scheduled vacation period.

Article 29

Sick Leave

Section One. (a) All bargaining unit employees shall accrue sick leave for continuous service from date of initial employment, but are not credited with or eligible to use it until such time as they receive appointment from an employment list or a reemployment list or upon appointment to a permanent non-competitive position.

(b) Sick leave accrues at the rate of one and one-quarter (1¼) working days per completed calendar month of continuous full-time service, including authorized leave with pay, provided that:

(1) Such leave starts to accrue only on the first working day of the calendar month and is credited to the eligible employee on the completion of the calendar month;

(2) An eligible employee employed on less than a full-time basis shall be granted leave in proportion to the amount of time worked as recorded in the attendance and leave records;

(3) No such leave will accrue for any calendar month in which an employee is on leave of absence without pay an aggregate of more than five (5) working days;

(4) Sick leave shall accrue for the first twelve (12) months in which an employee is receiving compensation benefits in accordance with Section 5-142 or 5-143 of the General Statutes.

Section Two. Pay for any day of sick leave shall be at the employee's regular base rate of pay.

Section Three. An eligible employee shall be granted sick leave:

(1) When incapacitated from performing work due to illness or injury;

(2) For medical, dental or eye examination or treatment for which arrangements cannot be made outside of working hours;

(3) In the event of death in the immediate family when as much as three (3) working days leave with pay shall be granted for each occurrence.  Immediate family means husband, wife, father, mother, domestic partner, sister, brother or child and also any relative who is domiciled in the employee’s household. A domestic partner is a person who has qualified for domestic partnership benefits under the parties’ pension and health care agreement;

(4) In the event of serious illness or injury to a member of the immediate family creating an emergency, provided that not more than five (5) days of sick leave per calendar year shall be granted.  With a medical certificate additional time, charged to other paid leave, may be granted;

(5) For going to, attending, and returning from funerals of persons other than members of the immediate family, if notice is given in advance and provided that not more than three (3) days of sick leave per calendar year shall be granted.

Section Four. If an employee is sick while on vacation leave, the time shall be charged against accrued sick leave if supported by a medical certificate filed with the appointing authority.

            A holiday occurring when an employee is on sick leave shall be counted as a holiday and not charged as sick leave. When a full day off is granted by the act of the Governor, an employee on sick leave shall not be charged as being on sick leave.

Section Five. An employee who has resigned from State service in good standing and who is reemployed within one (1) year from the effective date of his/her resignation shall retain sick leave accrued to his/her credit as of the effective date of his/her resignation.

            An employee laid off shall retain accrued sick leave to his/her credit provided he/she returns to State service on a permanent basis.

Section Six.  An acceptable medical certificate, which must be on the form prescribed by the Commissioner of Administrative Services and signed by a licensed physician or other practitioner whose method of healing is recognized by the State, will be required of an employee by his/her appointing authority to substantiate a request for sick leave for the following reasons:

            (1)  Any period of absence consisting of more than five (5) consecutive working days;

            (2) To support request for sick leave of any duration during vacation;

            (3) Leave of any duration if absence from duty recurs frequently or habitually, provided the employee has been notified that a certificate will be required per Section Seven.

            (4) Leave of any duration when evidence indicates reasonable cause of requiring such a certificate.

The Commissioner of Administrative Services or the appointing authority may provide a State physician, at its own cost, to make a further examination.

Section Seven.  In reviewing an employee's record to determine whether the employee is excessively using sick leave, the employer shall consider all of the following factors:

(1)   Number of days taken;

(2)   Number of occurrences;

(3)   Patterns of usage;

(4)   The employee’s past record;

(5)   Possible extenuating circumstances.

An occasion of sick leave is defined as any one continuous period of absence for the same reason.  However, if an employee must have a series of medical or dental appointments to treat a single illness or injury, or as a follow-up to surgery, the series shall be considered one occasion of absence provided that:

(1)   the employee provides a statement from the physician that treatment program is required and indicating the expected number of visits;

(2)   advance notice of the appointments is given to the employee’s supervisor.

Sick leave taken in the event of death in the immediate family shall not be considered an occasion of sick leave.

            Prior to taking steps to restrict an employee’s use of sick leave, the employer shall first counsel the employee and issue written notice of such counseling.

            An employee who has been counseled and who continues to make excessive use of sick leave may be required to produce an acceptable medical certificate to substantiate the need for sick leave, provided the employee has been notified in writing of such requirement in advance.  When an employee has been notified in writing of such requirement, and said employee fails to produce an acceptable medical certificate, he/she shall be charged with unauthorized leave of absence without pay.

            The employer shall review the attendance record of an employee who has been placed on a medical certificate requirement status after a nine month period of time.

            This review shall be conducted to determine whether the medical certificate requirement shall be rescinded.  Any dispute arising from denial shall be grievable through Step II of the grievance procedure, provided that the burden shall be upon the employee to show marked improvement in his/her attendance and that said improved attendance has risen to a satisfactory level.

Section Eight. (a) Each employee who retires under the provisions of Chapter 66 shall be compensated, as of the date of his/her retirement from State service, at the rate of one-fourth (¼) of his/her daily salary for each day of sick leave accrued to his/her credit as of his/her last day on the active payroll up to a maximum payment equivalent to sixty (60) days pay. Such payment for days accumulated sick leave shall not be included in computing retirement income.

(b) Upon the death of an employee who has completed ten (10) years of State service, the employer shall pay to the designated Retirement Fund beneficiary one-fourth (¼) of the deceased employee's daily salary for each day of sick leave accrued to his/her credit as of his/her last day on the active payroll up to a maximum payment equivalent to sixty (60) days pay.

Section Nine. Advance Sick Leave. (a) No sick leave in excess of the leave accumulated to the employee's credit may be granted unless approved by the Commissioner of Administrative Services.  Such authorization shall be granted only in cases involving extended periods of illness or injury. In determining whether or not to request an advance of sick leave, the appointing authority shall consider the following facts:

(1) The length of state service of the employee;

(2) The classification of the employee;

(3) The sick leave record of the employee for the current and for the four preceding calendar years;

(4) A medical certificate which shall be on the prescribed form and which shall include the nature of the illness, the prognosis, and the probable date when the employee will return to work;

(5) And any other relevant material.

(b) No advance of sick leave may be authorized unless the employee submits a written request and has first exhausted all accrual to his/her credit for sick leave, personal leave, earned time and for vacation leave, including current accruals. No advance of sick leave may be granted unless an employee has completed at least five years of full-time work service. If approved, such extension shall be on the basis of one day at full pay for each completed year of full-time work service. In  no case shall advanced sick leave exceed thirty days at full pay. If denied, the employee shall receive a written statement of the reasons for such denial. Any dispute arising from said denial shall be grievable through Step III of the grievance procedure.

(c) Any such advanced sick leave granted by the Commissioner of Administrative Services shall be repaid by the employee after the employee has first accrued five days of sick leave following his/her return to duty.

Section Ten. Extended Sick Leave. An employee who has at least twenty (20) years of state service and who has exhausted his/her sick leave and advance of sick leave may be granted extended sick leave with half pay for thirty days upon the appointing authority's request and subject to approval by the Commissioner of Administrative Services.

Section Eleven.  The parties agree that from time to time, on an as needed basis, NP-2 bargaining unit members may donate their accrued vacation and/or personal leave to a fellow bargaining unit member who has at least six (6) months of State service and has achieved permanent status and has exhausted his/her own accrued paid time off, who is suffering from a long term or terminal illness or disability.  Such donation may occur between different employing agencies.

Said benefit shall be subject to review and approval by the Commissioner of Administrative Services and shall be applied in accordance with uniform guidelines as may be developed by such Commissioner.

Article 30

Personal Leave

In addition to annual vacation, each full-time permanent employee who has completed the Working Test Period shall have three (3) days of personal leave of absence with pay in each calendar year.  Use of personal leave days shall be for the purpose of conducting private affairs, including observance of religious holidays, or any other reason, and shall not be deducted from vacation or sick leave credits.  Personal leave days not taken in a calendar year shall not be accumulated.

            Normally, personal leave days will be requested five (5) or more days in advance, but an employee may request such time with twenty-four (24) hours notice for each day requested without having to provide a reason.  Such personal days requested less than twenty-four (24) hours in advance supported by an acceptable reason will be granted whenever agency operating needs permit.

Article 31

Leave Balances

The State shall notify each employee of his/her leave balances. Such an accounting shall be given no later than March 1 of each year, stating the employee's balance as of the previous December 31, unless otherwise mutually agreed by the agency and its employees. This Agreement shall not affect those employees already under the IPPS system.

Article 32

Paid Leave Conversions

            All accumulated leave balances (i.e., vacation, sick leave, personal leave, earned time) shall be converted from days to hours and be recorded on an hourly basis. Said conversions shall be accomplished in such a manner, consistent with each employee's work schedule, so as to continue the present level of leave benefits, and is not intended to either enlarge, diminish or alter any benefit or accrual.

            All paid leave time (i.e., vacation, sick leave, personal leave, earned time, etc.) may be taken in increments of one-half (½) hour and shall be charged against the employee's leave records on that basis.

Article 33

Holidays

Section One. (a) For the purposes of this Article, holidays are as follows: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day.

(b) In continuous operations, New Year's Day, Independence Day and Christmas Day shall be celebrated on January 1, July 4 and December 25, even if these holidays fall on Saturday or Sunday.  Otherwise, if a legal holiday falls on a Saturday or Sunday, it shall be considered celebrated on the day off granted in lieu thereof.

(c) Holidays shall be defined as a twenty-four (24) hour period commencing at Midnight.

(d) Where employees are assigned to shifts which overlap two calendar days, the shift which has the major portion of the hours falling on the holiday shall be considered the holiday shift.

If the major portion of the hours of a shift do not fall on a holiday, the shift shall not be considered a holiday shift for purposes of this Article.

Section Two. (a) Employees who are required to work as a part of a regular schedule on a "premium" holiday (defined as New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day) shall be paid at the rate of time and one-half for hours worked in addition to regular pay for the day.

(b) Employees who are required to work as a part of a regular schedule on any other holiday listed in Section 1 above shall receive their regular pay and receive a compensatory day off in lieu of the holiday.

(c) Part-time employees in DMR Eastern Region who work a 5/3 rotation averaging 35 hours per pay period, shall continue to be entitled to pro-rata holiday pay in accordance with Article 27 Section One of the NP-2 Collective Bargaining Agreement.  This language has been in effect since May 1, 1986.

Section Three. If a holiday occurs while an eligible employee is receiving compensation benefits in accordance with Section 5-142 or 5-143 C.G.S., no credit for the holiday shall be allowed. A holiday occurring when an eligible employee is on sick leave shall be counted as a holiday and not charged as sick leave.

Section Four. Overtime call-in on a Holiday. Each employee who is called in to work overtime on a holiday shall receive overtime pay at the applicable rates but shall not receive a compensatory day off. The previous sentence, notwithstanding, an employee called in to work overtime on a "premium" holiday shall be paid at the time and one-half overtime rate regardless of whether the hours fall between thirty-five (35) and forty (40) hours for the week.

Section Five. The employer shall not schedule compensatory time without the consent of the employee.

Section Six. Unless superseded in this Article, the provisions of Section 5-254 C.G.S. and the appurtenant regulations shall continue in force.

Article 34

Civil Leave and Jury Duty

Section One. (a) Civil leave (not jury duty) for any purpose other than State employer related business shall not be treated as time worked. If a court appearance is required as part of the employee's work or requested by or on behalf of the State employer, he/she shall be paid for such time, and, if the employee's presence is required beyond his/her normal work day, such time shall be paid in accordance with the overtime provisions of this contract.

(b) If an employee receives a subpoena or other order of the Court requiring an appearance during regular working hours, time off with pay and without loss of earned leave time shall be granted. This provision shall not apply in cases where the employee is a plaintiff or defendant in the Court action.

Section Two. Jury Duty. An employee who is called to serve as a juror will receive his/her regular pay less pay received as a juror for each work day while on jury duty. This provision shall not apply to "on call" jury time when the employee is able to be at work.

Upon receipt of a notice to report for jury duty, the employee shall inform the personnel office immediately. The employer may request that the employee be excused or exempted from jury duty if, in the employer's judgment, the employee's services are needed at that time.

An employee, upon request, shall be released from his/her snow and ice assignment within twelve (12) hours prior to the time he/she is ordered to appear for jury duty.

Time spent on jury duty shall not be considered time worked for the purpose of completing a working test period or trainee requirements.

Section Three. The provisions of this Article shall apply equally to employees working second or third shifts. Such employees shall have time so spent on jury duty counted as time worked in lieu of their regular shift.