Article 35

Military Leave

            A full-time permanent employee who is a member of the armed forces of the State or any reserve component of the armed forces of the United States shall be entitled to military leave with pay for active duty for required field training, (which shall include weekend drills and related training assignments and assemblies), provided such leave does not exceed three (3) calendar weeks in a Military Training Year (October 1 to September 30). Additionally, any such employee who is ordered to active duty as a result of an unscheduled emergency (natural disaster or civil disorder) shall be entitled to military leave with pay not to exceed thirty (30) calendar days in a calendar year.  Employees who are members of the armed forces of any state or of any service component of the armed forces of the United States and who has been called to active service in the armed forces of any state of the United States for 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, shall be entitled to any additional benefits as provided in Special Act. No. 01-1 adopted in the November 13, 2001 Special Session of the General Assembly.  During such leaves outlined above, the employee's position shall be held, and the employee shall be credited with such time for seniority purposes.

Other requests for military leave may be approved without pay. Nothing in this Article shall be construed to prevent an employee from attending ordered military training while on regularly scheduled vacation.

The provisions of this Article shall supersede SEctions 5-248 (c ) and 27-33 of the General Statutes and the appurtenant rgulations of the Personnel Policy Board.

Section One. Disabilities resulting from or contributed to by pregnancy, miscarriage, abortion, childbirth or maternity, defined as the hospital stay and any period before or after the hospital stay certified by the attending physician as that period of time when an employee is unable to perform the requirements of her job, may be charged to any accrued paid leaves. Upon expiration of paid leave, the employee may request, and shall be granted, a medical leave of absence without pay, position held. The total period of medical leave of absence without pay with position being held shall not exceed six (6) months following the date of termination of the pregnancy. A request to continue on a medical leave of absence due to disability as outlined above must be in writing and supplemented by an appropriate medical certificate. Such requests will be granted for an additional period not to exceed three (3) additional months. If granted, the position may or may not be held for the extended period subject to the appointing authority's decision.

Section Two.  The additional benefits provided by Conn. Gen. Stat. Section 5-248a are hereby incorporated by reference.

Section Three.  Up to three (3) days of paid leave deducted from sick leave will be provided to a parent at the time of the birth, adoption or taking custody of a child.  Such leave shall not be pyramided upon other sick leave benefits.

Section One. The State may grant an employee a leave of absence with full pay, part pay or without pay, for a period not exceeding one (1) year at the request of the employee. Such leave may be extended beyond one (1) year at the State's discretion. In the granting of a leave of absence without pay, the State shall notify the employee whether the position will be held awaiting the employee’s return or whether reinstatement will be dependent upon whether or not a suitable vacancy is available. A leave of absence with full or part pay may be granted for educational purposes in order to enable an employee to study or receive technical training which will increase his/her proficiency in his/her position or for such other purpose as may be agreed between the State and the Union to be in the best interests of the State.

Section Two. Employees who exhaust their accrued sick leave, may apply for an unpaid leave of absence, and if granted, the employee's position shall be held for thirty (30) days.

Section Three. All requests for leave of absence shall be in writing, and to the extent practicable, in advance of the period of leave requested. The employer shall not unreasonably withhold leaves of absence after an employee has completed the working test period. In the event a request for a leave of absence is denied, the employee shall be given a written statement of the specific reasons for such denial.

The employer shall require an employee to exhaust accrued vacation leave prior to granting a voluntary leave of absence (other than those covered in Section Two above).

Section Four. Consistent with existing practice, an employee who is on a leave of absence without pay in excess of three (3) days shall not be credited with such time for purposes of completing a working test period.

Article 38

Workers' Compensation

Section One. Where an employee has become temporarily and totally disabled as a result of illness or injury caused directly by his/her employment, said employee may, pending final determination as to the employee's eligibility to receive Workers' Compensation benefits, charge said period of absences to existing leave accounts, provided the employee so requests. Where a determination is made supporting the employee's claim, State authorities shall take appropriate steps to rectify payroll and leave records in accordance with said determination.

Section Two. Upon a final and non-appealable decision by an appropriate State authority that an employee is entitled to receive Workers' Compensation benefits, said employee shall receive his/her first payment no later than four weeks following such determination. Accrued leave time may be used to supplement Workers' Compensation payments up to but not beyond the regular salary, provided that no charges shall be made to such leave time without a signed authorization form from the employee.

Section Three. Upon a final and non-appealable finding by an appropriate State authority that an employee has contracted a communicable or contagious disease in the course of his/her employment, the employee shall receive one hundred (100%) percent Workers' Compensation benefits for the duration of his/her incapacity. Such benefits shall be equal to those specified for bodily injury in Section 5-142(a) of the Connecticut General Statutes.

Section Four. Following recuperation from a compensable injury or illness when an employee's physician certifies he/she is capable of returning to limited duty, the employee will request such limited duty of his/her employer.  The employee will be assigned to limited duty under the following conditions:

(a)        The employee shall be assigned to any available work the employee is capable of performing whether or not such duty is in the employee’s regular job classification.

(b)        Such limited duty does not consist of unproductive assignments.

(c)        Such limited duty can be found without fear of further injury to the employee.

(d)        The employer shall make a good faith effort to provide such limited duty; however, the final determination shall be made by the employer.

(e)        The length of this assignment shall normally not be more than thirty (30) work days.  The length of this assignment shall be extended when there is documentation from a physician that the employee is capable of returning to full regular duty within a reasonable period of time.

When it is determined in the course of this assignment that the employee is fully recovered, he/she will be returned to full duty.  If there is no limited duty available, the employee shall be referred back to the Workers’ Compensation Division until the doctor certifies the employee’s ability to return to normal duty.  The employer may provide retraining for an equivalent position which the employee will be able to perform, if the employee cannot return to the previous job.

Section Five. In the event of a finding by the employer that an employee is exposed to or has come in contact with an active, compensable, communicable or contagious disease in the course of his/her employment, the employer shall take whatever action it deems necessary and practicable to immunize or medicate the employee from the disease. Such treatment shall be provided at no cost to the employee and with no loss of pay of benefits. The employee shall have the right to refuse such treatment. In the event of such refusal, the employer may place such employee on home status with or without pay. If home status is without pay, the employee may use his/her earned time account.  Such decision is not grievable.

Section Six. Present agency practices with reference to employee families who have or may have been exposed to communicable diseases shall remain in effect.

Section Seven. When the employer has reason to believe there is potential for infectious disease or contagion, it may require treatment of employees potentially affected by such disease or contagion.  In the event the employee refuses treatment, he/she may be transferred to a location not likely to be affected by the disease or contagion. Such transfer shall not be subject to the grievance procedure.

Section Eight. The employer will continue to pay the applicable current contributions for life insurance and hospital and medical insurance for employees receiving or eligible to receive Workers' Compensation benefits, i.e., Temporary Partial, Temporary Total, Specific Indemnity, and while enrolled in workers' rehabilitation programs. The parties do not intend to enlarge, diminish, or otherwise alter such benefits as may be provided for by law.

Section Nine. The State agrees to process Workers' Compensation forms in a timely manner. The parties shall continue to cooperate and meet as needed to resolve problems of mutual concern involving the Workers' Compensation process.

Section Ten. 1. When an employee sustains an on-the-job injury, he/she shall immediately inform the supervisor who shall contact the appropriate authority within 24 hours. The supervisor in turn shall complete, sign and forward the accident report to the appropriate party, normally within two (2) working days. The supervisor's preparation and signing of the report shall not be viewed as agreement with or first hand knowledge of the circumstances surrounding the injury.

If the employee cannot, through no fault of his/her own, give immediate notice, the supervisor shall process the report as above as soon as possible and notify the appropriate authority.

2. Agency personnel shall forward the WCPER-207 (accident report), the pre-audit figures and the form 201 (notice of time lost) to the Workers' Compensation carrier normally within ten (10) working days of the accident.

3. An employee shall sign a sick leave election form (CO-715) at the onset of his/her injury or at every new period of absence relating to said injury, indicating whether or not he/she wishes to use accrued leave while awaiting Workers' Compensation, and/or one third of accrued leave to make up a full day's pay. He/she should also be given the appropriate Workers' Compensation physician forms (208 and 209).

4. The agency/insurance carrier shall advise the employee of problems and/or missing forms which are needed to process payment of Workers' Compensation benefits.

5. When the State agency receives a Workers' Compensation check for an employee, it shall send the check to the employee immediately, provided the employee did not use accrued time. If the employee did use accrued time, the State shall make the necessary adjustments and see that the employee has his/her portion of the check normally within five working days. The State shall restore leave balances within two weeks of receipt of the employee's check restoring such time.

6. Following full recuperation from a compensable injury or illness, an employee will be returned to his/her position at the same shift at the salary he/she would have been receiving if never injured.

7. Unless contested by the insurance carrier, the employee shall be paid for days lost from work pursuant to 5-143. Such pay is not to be taken from employee's leave accounts. In the case of patient related injuries (5-142) full pay compensation shall begin the day following the injury.

8. The employee shall be paid as though working on the day of the injury, to attend Workers' Compensation hearings, and to receive medical attention or keep medical appointments including necessary travel time.

9. When an employee is released for limited duty, or selective work, he/she should report to his/her employer and request same.  If the employer cannot provide limited duty, employee should contact the Workers' Compensation Commissioner or his/her representative for further advice regarding additional Workers' Compensation payments.

10. The employee will continue to accrue retirement and seniority credits, as per Connecticut General Statutes 5-161(f) and 154(m)(l) while he/she is receiving Workers' Compensation benefits.

11. Upon completion of the vocational rehabilitation program, the Agency and State Personnel Department shall assist the employee to find State employment. If such efforts fail, the employee will be placed on the applicable reemployment list. If such employment is found, the employee's benefits, including seniority, will be transferred to the new position, as provided for by contract.

12.  Demotion.  If an employee cannot return to his/her regular job but can do another job, he/she may request a voluntary demotion to such job and may receive two-thirds of the difference in pay between the two jobs from  Workers' Compensation Commissioner in accordance with 31-308a.  In   determining the employee's pay rate due to such demotions, he/she shall be

paid at the rate (step) closest but not greater than his/her prior rate of pay.

13. Scarring.  An employee may be eligible for a scarring award no sooner than one (1) year from the date of injury and not later than two (2) years from the date of the injury or the surgery date of the injury, in accordance with 31-308 (c) and any amendments thereof.

14. Specific Indemnity. An employee may be eligible for Workers' Compensation payments for a permanent partial loss of use to a part of his/her body. This usually occurs after the end of Temporary Total and the percentage rating is given by the employee's doctor subject to the approval of the Workers' Compensation Commissioner.

15.  Overtime Work.  An employee on limited duty shall not be denied overtime solely based on such limited duty designation.

Article 39

Transfer or Separation Due to Infirmities

Section One. When an employee has become physically or mentally incapable of the safe or efficient performance of the duties his/her position by reason of infirmities or other disabilities, the appointing authority may attempt to transfer the employee to less arduous duties.  In order to facilitate the search for such duties prior to the commencement of the search, the employer shall notify the employee that a search is about to be undertaken and shall provide the employee with an opportunity to meet in order to prepare a list of the employee's skills and previous work experience.  If a position is found to which the employee is transferred, there shall be a three (3) month probationary period during which the employer may review whether the employee's disability prevents him/her from performing the job in a safe and/or efficient manner.

            Notwithstanding the above, if no less arduous duties are found within the department, an employee may be separated from State service.  The employer’s decision on whether the employee is to be transferred to less arduous duties shall be final.

Section Two. If no less arduous duties are found in the employing department or if the employee fails the three (3) month probationary period, the employee shall be given six (6) weeks notice of separation.  A copy of such notice shall be sent to the Union concurrent with the written notice to the employee.  If the employee desires to appeal the separation, he/she must file written notice of appeal directly to the agency's Step II designee within one (1) week of receipt of the notice.  Consideration of any such appeal shall be limited to either  one or both of the following:  (a) whether the employee is able to safely and efficiently perform the duties of his/her position and/or (b)  whether a less arduous position in the same or lower salary grade exists in the employing department which the employee is both qualified for and able to safely and efficiently perform.  An employee separated under this Article shall be advised in writing by the agency to contact the State Retirement Division concerning any benefits or rights for which he/she may be eligible.

Section Three. After the meeting provided for in Section One above takes place, the employee may elect to apply to the Commissioner of Administrative Services to conduct a job search to determine if there are any vacancies in the same or lower salary grade in other State departments, which the employee is able to efficiently perform.  If such employment opportunity is found, the employee shall be offered the position.  If the employee accepts the position, he/she waives any Section Two appeal rights.  The new position is subject to the three (3) month probationary period during which the employer may review whether the employee's disability prevents him/her from performing the job in a safe and/or efficient manner.  If an employee desires to appeal the failure of the probationary period, he/she must file written notice of appeal directly to Step III of the grievance procedure within one (1) week of receipt of the notice.  The election by an employee to utilize the Statewide job search provided by this Section shall not serve to nullify or stay the effective date of a scheduled separation.

Section Four. The provisions of this Article shall not be interpreted to diminish an employee's rights or benefits under the Worker's Compensation Law or to alter the employer’s rights and obligations under the ADA. Additionally, no employee shall be terminated under this Article until the exhaustion of any accrued sick leave.

Section Five. All separations under this Article shall be separations in good standing. Upon separation, an employee will be entitled to full reemployment rights as provided for in Article 13, Section 7 subject only to his/her qualifications to perform the job and to a three (3) month probationary period to determine if the employee can do the job in a safe and efficient manner.

Section Six. The provisions of this Article are subject to merit system rules and regulations, as well as existing labor agreements for other bargaining units.

Article 40

Absence from Work Due to Emergency

Section One. No employee shall be prejudiced or suffer disciplinary action due to an emergency which necessitates absence from the job or tardiness. Satisfactory evidence of such emergency must be presented to the employee's supervisor by the next working day following the absence or tardiness. The employer shall, upon the employee's request have the right to charge such authorized absence or tardiness to earned time, excluding sick leave, or to unpaid leave.

Section Two. The employer may take disciplinary action including docking of time not worked when there is evidence of suspected abuse or habitual tardiness.

Article 41

Meals

Section One. During the life of this agreement, the rates charged to employees for meals shall be as follows:

Breakfast $ 2.50 (two dollars and fifty cents)

Lunch $4.00 (four dollars)

Dinner $4.00 (four dollars)

Section Two. Employees whose jobs require that they remain on duty on a regular basis through the normal work shift without receiving a lunch break (e.g., certain powerhouse employees, telephone operators, etc.) shall be entitled to an Employer-provided meal at no cost, provided the Employer possesses dining facilities. To the extent practicable, first and second shift employees will receive a hot meal; third shift employees will receive a cold meal except at those facilities where third shift employees are currently provided with a hot meal.

            The Employer shall continue its current practice with regard to payroll adjustments associated with Employer-provided meals.

            Provisions of this section shall have no applicability to employees who may be eligible for meals under Article 42, Meal Policy.

Article 42

Meals Policy

Section One. Employees who are called in to perform emergency duties because of storms or other disasters prior to the start of their normally scheduled work hours, or are officially ordered to work beyond the close of the work day when the extended period is more than two (2) hours, or on non-scheduled work days, shall have their meals provided for by the employer. Meals will also be allowed for those employees who have been directed to report for work prior to 6:30 a.m. the next morning by pre-arrangement the day or evening before. For those employees who have been directed to report for work by pre-arrangement at 6:30 a.m. or after, no meal allowance will be made. When employees who are performing emergency duties during winter storms or natural disasters are released from work after midnight and are directed to report for work prior to the normal starting time the same day, they will have their meals provided for by the employer.

Section Two.  At State agencies possessing dining facilities, meals will be supplied to the employee at no cost.  At State agencies without dining facilities, the following procedures and schedule of maximum meal allowance will apply:

6:00 a.m.          Breakfast          $5.50

Noon                 Lunch               $7.50

6:00 p.m.          Dinner               $13.00

The above schedule shall remain in effect for the lifetime of the contract unless adjusted by mutual agreement of the State and the Union.  Effective July 1, 2007 the meal allowance shall be increased by one ($1.00) dollar each meal. Meals will normally be granted no later than two (2) hours after the designated meal times depending upon conditions. 

Section Three.  The taking of meals provided by the employer will be in approved restaurants as close to the assigned run or work site as possible in order to eliminate unnecessary or excessive driving time.  Each meal provided to the employee and taken at an approved restaurant will be considered to require an interval of one-half (½) hour, and compensation will not be received for that time.  An employee who does not take a meal or meals provided by the employer during a given period of time must receive the approval of his/her immediate supervisor (above the level of crew leader) in order to receive compensation for the time when a meal is not taken.  The approval must be received before the fact and not after.  The approval is not to be interpreted by the employee or the supervisor as an option for the employee to take a meal or meals at his/her own expense whereby he/she would expect to receive compensation for the time allotted for the meal or meals. 

Section Four. (a) When employees are held over at the close of the normal daytime shift (usually 3:30 p.m.), supervisors may use reasonable judgment in allowing employees to eat their dinner meal prior to 6:00 p.m.

(b) When, due to emergency conditions, employees are not able to stop for meals at the designated meal time (6:00 a.m., Noon, 6:00 p.m.), or a reasonable time thereafter (approximately one to two hours) and it does not appear that conditions will lessen to allow them to stop within this reasonable time, the appropriate supervisor will make arrangements for food to be brought to the employees.  These employees would be eating, so to speak "on the go" and would be compensated for this meal time as well as having the food provided by the employer.

(c) When, because of the location of an approved restaurant, during certain hours of the day, excessive driving time would be involved for the employees to go to the restaurant, the appropriate supervisor will make arrangements for food to be brought to the employees. These employees would be eating, so to speak, "on the go" and would be compensated for this meal time as well as having the food provided by the employer.

(d) When, because of the location of an approved restaurant, during certain hours of the day, excessive driving time would be involved for the employees to go to the restaurant and meals could be secured in another manner approved by the appropriate supervisor and mutually agreeable to all concerned, with no expense to the employer, these employees would receive compensation for this meal time. Particular care must be taken to insure that meal time of this type is closely administered.

(e) Supervisors will discuss items (c) and (d) with the employees in order to reach a general agreement on the proper application of these items. This discussion should be complete before the start of the winter storm season.

It should be noted that items (c) and (d) are not applicable if restaurants are available within acceptable driving distance of assigned runs or worksites.

Section Five. Approved restaurants shall be selected from time to time by mutual agreement of the employer and the designated Union steward.

Section Six – Meal Reimbursement for Telephone Operators at UConn.

(a)        Eligible telephone operators will be reimbursed at the lunch rate provided in Section Two of this Article.

(b)        Reimbursements will be made in a lump sum payment on a quarterly basis. 

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

Article 43

Housing

Section One. (a) Effective Effective upon legislative approval of this Agreement, the amount charged to employees occupying State-owned housing located on the grounds of State institutions shall be seventy (70%) percent of the 2004 appraised fair market rental value. For other State-owned housing, the rental charge shall be one hundred (100%) percent of the 2004 appraised fair market value.

(b) It is the intent of this Article that the amount charged to employees occupying State-owned housing located on the grounds of State institutions shall be seventy (70%) percent and for other State-owned housing, the rental charge shall be one hundred (100%) percent of the most recent appraised fair market rental value. Accordingly, rents will be adjusted up or down, as appropriate, upon receipt by the employer of the appraisal and in accordance with the terms of the lease agreement between the State and the individual employee but in all cases there shall be at least 12 months between rent adjustments.

Section Two. (a) The employer reserves the right to select among applicants for housing, and to terminate occupancy as provided in the State Housing Regulations.

(b) The employer shall not remove an employee from housing or refuse to consider an application for housing as a form of discipline for the matters unrelated to housing, but this provision shall not restrict the employer's right to remove from housing an employee whose employment is terminated.

Article 44

Maintenance and Service Unit Work

Employees shall perform such duties as are required by their job specifications. In deciding whether a task properly falls within an employee's job specification, the Employer shall consider the task in relation to the overall purpose of the job specification.

Nothing in this Section shall relieve an employee from his/her obligation to accept any assignment during emergency situations.

Article 45

Job Classifications

Section One. The Union shall be notified of any proposed changes in job specifications for bargaining unit classifications prior to implementation. Upon request of the Union, the State agrees to negotiate over the impact of the effect of any such change to the extent required by law, however, such negotiations shall not prevent the State from implementing the changes.

Section Two. No job classification shall be removed from the bargaining unit during the term of this Agreement without the mutual consent of the parties, except by order of the State Board of Labor Relations.

Section One. During the life of this Agreement, the State will not increase the cost to employees for uniforms and equipment.

Section Two. In the event that the employer intends to change its methods of providing uniforms or equipment, it shall notify the Union and shall, upon request, negotiate over the impact of such change.

See "Memorandum of Understanding" pertaining to Newgate Prison that is appended to this Collective Bargaining Agreement.

Article 48

Drawbridge and Rest Areas

Whereas, ConnDOT and the Union are cooperating to achieve savings and more efficient utilization of resources; and

Whereas, a purpose of this Agreement is to prevent privatization of public services; and

Whereas, the parties intend that the services covered by this Agreement will continue to be performed by ConnDOT employees; and

Whereas, the parties originally entered into a Memorandum of Understanding relating to the conditions and classifications which would be applied to the Department of Transportation rest areas and drawbridges in 1998.

NOW, THEREFORE, the parties agree as follows:

(a) Positions in the DOT Rest Area and Drawbridge Attendant job classifications shall be used exclusively at the DOT Rest Areas and Drawbridges.

(b) Unfilled DOT Attendant positions shall be filled in the same manner as other bargaining unit job vacancies under the NP-2 contract, except that first priority will be given to NP-2 bargaining unit employees within ConnDOT who are in need of a light duty assignment because of a worker’s compensation injury or other illness/injury.  Those accepting assignment to the DOT Attendant position will be reclassified to DOT Drawbridge Attendant, salary grade 11, or DOT Rest Area Attendant, salary grade 9, respectively, with a pay rate adjusted to the step within the new salary grade nearest to the employee’s rate of pay at the time of his/her election to be assigned to the NP-2 vacancy.  Any remaining vacancies in the DOT Attendant job classifications will be included in the list of vacant positions and offered first to employees of a reemployment list, a SEBAC list and then to outside hiring.

(c) No employee who accepts reassignment to the DOT Attendant job classifications or who is appointed to these job classifications shall at any time be required to possess or obtain a commercial driver’s license (“CDL”) and the CDL requirement shall not be a part of the job description.  Any employee taking a voluntary reassignment to the DOT Attendant classifications, who in his/her previous position had a snow and ice assignment shall continue to be permitted to work snow and ice overtime, and shall be paid at the rate of pay for snow and ice work as if still in his/her former position.  DOT Drawbridge Attendants shall be considered to be in a “safety sensitive” position and will be subject to drug and alcohol testing under the same circumstances as an employee holding a CDL.

(d) No employee shall be involuntarily transferred, assigned or demoted to the DOT Attendant job classifications.

(e) Any other movement of employees into or out of rest area and drawbridge/moveable bridge assignments subsequent to the initial reassignments as provided in this Side Letter shall be governed by the provisions of the NP-2 contract.

(f) During the term of this Agreement, ConnDOT shall continue to staff/operate three shifts, seven days a week, 24 hours a day at the rest areas. Drawbridge operations will be determined by U.S. Coast Guard procedures. Voluntary overtime will be distributed among Attendants in the following order, with each category being exhausted before the next is used: (1) From the same Drawbridge/Rest Area; (2) From the same District; (3) From any qualified Attendant; and (4) From any qualified back up operator.  If there are no volunteers, overtime will be assigned by inverse seniority. Only properly trained back-up operators may be assigned to the drawbridge/moveable bridges.

(g) Employees assigned to Drawbridge operations shall be entitled to periodically exchange shifts with supervisor approval.  Supervisor’s approval will not unreasonably be denied.  Emergency situations will be considered on a case-by-case basis.

(h) Initially, ConnDOT will continue the present method of scheduling, overtime fill, and optional assignments; however, the parties agree, upon written request of either party, notwithstanding Article 2, Entire Agreement, to negotiate over alternative work schedules, compressed work schedules with twelve (12) hour shifts, rotation of days off, staggered work weeks, flextime and related shift assignment and overtime topics for the rest areas and drawbridges/moveable bridges. The written request will detail the specific topic(s) to be discussed and the reasons for requesting such shifts/alternate schedules. The parties will commence negotiation within thirty (30) days of receipt of such request. Any schedule will become effective within two weeks after the schedule has been agreed to and ratified by affected employees. In no event shall this issue be submitted to arbitration. In the absence of an agreement, the present method of scheduling, overtime fill and optional assignments will continue in effect. Any such agreement shall not be utilized in any subsequent negotiation or interest arbitration. The parties further agree that the agreement and/or other outcome reached under this paragraph will not result in a financial expenditure of any kind by the DOT.

(i) Any employee who retires while this Agreement is in effect who elected a voluntary reassignment to either the DOT Rest Area Attendant or the DOT Drawbridge Attendant classification shall for purposes of retirement calculation have all salary imputed as if he/she had continued in the job classification held prior to reassignment. Such imputation shall resume automatic progression to the maximum step for the applicable classification. The imputation shall be required for all salary routinely paid on a state payroll that is recognized for retirement purposes, including but not limited to regular biweekly salary, overtime, shift differential, longevity payments, payments for accrued vacation time. No employee retirement contributions shall be due on the imputed amount.

(j) The Department of Transportation Rest Area Attendant job specification should be read, discussed and understood by all Supervisors involved. 

The Rest Area Attendants are to be used exclusively at the Rest Area, performing lower level duties and responsibilities related to the Rest Area. The only exception is that current Rest Area employees who elect to take a demotion to the Attendant level in order to remain at the Rest Area may volunteer to perform snow and ice overtime at the maintenance garages. The job specification is to be adhered to and not deviated from. Some examples are:

No Rest Area Attendant shall operate a vehicle that would require a CDL License (except for the exception specified above);

No Rest Area Attendant shall be required to operate any equipment other than what is referenced on the attached addendum;

In day-to-day work activities at the rest area, Attendants may work with higher level Maintainers and/or Qualified Craft Workers at jobs within the Attendant specification, and may assist these higher level employees as they perform more skilled operations. Such assistance from the Rest Area Attendant must be at a basic, unskilled level

To reiterate the above information, no Rest Area Attendant shall perform any duties other than what is referenced in the attached job specification.

(k) DOT shall continue to supply and maintain a refrigerator and microwave in each station where these items currently do not exist.

Article 49

Snow and Ice Assignments

Section One. (a) Annually, prior to November 1, the employer shall designate those employees having a snow and ice control or removal assignment or related assignment. Employees whose normal duties are not related to snow and ice control or removal work shall not be designated for such assignment.

(b) Snow and ice control or removal or related assignments shall not be added to job specifications during the term of this Agreement without negotiation with the Union.

Section Two.  Where an agency requires additional personnel for snow and ice control work, it shall poll its bargaining unit employees other than those who have traditionally not had such assignments, prior to November 1 of each year to determine their willingness to volunteer for snow and ice control or removal work or related assignments at each such agency.  Each volunteer selected to work snow and ice control or related assignment shall have that assignment for the entire snow and ice control or removal season (November 1 through April 30) and will also be expected to be available for the entire snow season.

            In the event that the State utilizes all qualified volunteers and there are still insufficient employees for snow and ice control or removal, the employer may poll employees outside of the bargaining unit, and if there still are not sufficient employees, the State may then designate additional employees in the bargaining unit to work snow and ice control or removal assignment or related assignment.  Such designation shall be made only for employees who have in previous years volunteered or by job classification have worked snow and ice control or related assignment.

However, bargaining unit employees’ preferences for snow and ice assignments (i.e. those who are deemed volunteers/ “spare help” from within the bargaining unit) will be accommodated first and foremost over qualified volunteers from outside the bargaining unit.

Section Three. When employees are called out or held over at the end of their normal work day for snow and ice control or removal or related work, they shall not be required to perform unnecessary or "make work" tasks unless there are no snow and ice control or removal or related work assignments available.

Section Four. The employer shall provide appropriate rest, toilet and eating facilities for the employees to the best of its ability. The employer shall continue to provide and maintain cots at each location where rest periods occur under Article 52.

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

Article 50

Availability of Employees with a Snow
and Ice Assignment During Off-Duty Hours

Section One. There is no standby requirement for employees with a snow and ice assignment. No employee will be subject to disciplinary action for failing to remain at home awaiting a notice to report for emergency snow and ice work. This means if an employee is called by his/her supervisor for emergency work and he/she is not available, no disciplinary action will be taken against him/her.

However, if an employee is contacted by his/her supervisor and he/she fails to report, without an acceptable reason, he/she may be subject to disciplinary action.

Section Two. In the event a storm starts during the regular work day and continues beyond the regular work hours, each employee with a snow and ice assignment who is needed will be expected to continue to work.

Section Three. If an employee assigned to winter maintenance operations is off-duty and observes that weather conditions are impairing highway travel or that hazardous driving is likely to result, he/she will make a completed phone call to his/her assigned work location for instructions whether he/she is to report for work. Employees are expected to make reasonable efforts to monitor weather conditions. If the supervisor is absent from his/her office, he/she will assign an authorized spokesperson to speak for him/her. The employee will be expected to follow the instructions he/she receives.

Section Four. Employees reporting for snow and ice removal or other emergency work shall be on the clock and paid from the time he/she receives the call to report, provided he/she reports within a reasonable time of the initial call.

Section Five. An employee who is consistently unavailable may be subject to disciplinary action.

Article 51

Truck Assignments

Section One. All persons assigned to snow and ice control or removal shall qualify for and obtain the necessary license prior to being given a driving assignment.

Section Two. Effective with the 1989-90 winter season the policy for employees in the Department of Transportation during the winter season shall be one (1) employee to a truck while engaged in snow and ice control or removal. Also effective with the 1989-90 winter season all Department of Transportation trucks engaged in snow and ice control or removal which are operated by bargaining

unit employees shall be equipped with operable two-way radios. Examples of exceptions to the policy of one (1) employee to a truck are:

(a) When operating a truck in a known "dead communications area" preventing two-way radio communications or when a truck is operationally needed and its radio is inoperable.

(b) When operating a truck equipped with a wingplow and the wingplow is to be utilized.

(c) When operating a truck in selected congested urban areas or remote rural areas.

(d) Other additional situations also determined by management.

No employee shall be required to drive alone for more than eight (8) consecutive hours. However, an employee may volunteer to drive alone for additional hours.

The Department of Transportation will contact the Division of State Police to arrange a procedure to assure that the State Police will monitor the Department of Transportation’s frequency when notified that a Department of Transportation employee, engaged in “spot sanding” operations, is driving alone.

Section Three. In confined areas such as institutions where the practice has been to assign two (2) employees to equipment while engaged in emergency storm periods on snow and ice control or removal, such practice shall be continued.

Section Four. At Bradley Airport, vehicles used for snow and ice control on runways and taxiways shall be equipped with airport and tower radios or be under the control of a vehicle with both radios. If the snow and ice control vehicle is not equipped with any operable radio, the control vehicle shall remain in the immediate vicinity.

Article 52

Rest Periods During Extended Work

or Operations

Section One. An employee engaged in extended work or operations shall be entitled to a three (3) hour rest period without loss of pay or benefits after working seventeen (17) consecutive hours, except when the 17th hour coincides with release upon completion of his/her normal work shift.  However, if called back within three (3) hours of the end of normal work shift, the employee shall be viewed as not having been released and shall be paid accordingly. The rest period shall be three (3) consecutive hours. Meal breaks, coffee breaks, or other rest breaks or release time of less than 3 hours shall be considered as time worked for purposes of determining the consecutive hours worked by the employee.

Section Two. Generally some of the employees shall begin the rest period during the 17th hour unless conditions dictate otherwise. No employee shall be required to work more than 21 consecutive hours without beginning the rest period. If an eligible employee as described in Section One above is released from duty without having received this rest period, he/she shall receive 3 hours of pay. If an eligible employee is released from duty without having received the full rest period he/she shall be paid for the remainder of the rest period.

Section Three. This rest period shall not be scheduled during the first three (3) hours of the work or operations except with the agreement of the employee.

This rest period shall generally not be scheduled during the peak traffic hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m.

Conditions permitting, supervisors may, whenever possible schedule employee rest periods during the hours between 10:00 p.m. and 4:00 a.m. to ensure maximum benefit of the rest period to employees.

Section Four. Longer rest periods may be provided at the discretion of the supervisor during extended work or operations.

Employees assigned to perform Snow and Ice related duties at Bradley Airport shall receive a four (4) hour rest break, beginning with the second consecutive break.

Section Five. If during extended work or operations an employee becomes fatigued, he/she may request to be relieved from duty. In such case, the supervisor shall arrange for any required relief personnel and shall arrange for the release of the fatigued employee as quickly as possible. An employee who is released shall not be required to report again for at least eight (8) hours. Release time shall be without pay, except that if the release falls within the employee's normal work schedule, the time shall be charged to vacation, personal leave or earned time, at the request of the employee.

Article 53

Snow and Ice Premium Pay

Bargaining unit employees designated by the employer as having a snow and ice control or removal assignment shall be paid a premium of one dollar and forty cents ($1.40) for each hour actually worked on snow and ice control or removal, other than during the regular shift schedule.  Effective July 1, 2006 the snow and ice premium payment shall be increased by ten cents ($.10).  Effective July 1, 2007 the snow and ice premium payment shall be increased by ten cents ($.10).

Premium pay will be authorized under the above conditions from November 1 through April 30 of each year for the life of the contract.

This premium pay will not be used in computing overtime payment.

Article 54

Exclusion from Hazardous Assignment

The following personnel involved in snow and ice removal or other emergencies shall be excluded from hazardous work following prolonged exposure to snow and ice work: Qualified Craft Worker (Electrician), Electronic Technician I, II and III, and Department of Transportation Maintenance Crew Leader (Electrician).

All other personnel involved in snow and ice or other emergencies involving prolonged exposure to the elements will be assigned the least hazardous work available within their particular area of employment unless there is no such work available or there is more hazardous work which must be done.

Article 55

Vehicle Assignments/Phone Calls

Section One. Employees holding positions in the classes listed below who are assigned vehicles and who may be required by their appointing authority to respond to emergencies shall be entitled to garage their assigned vehicles at home during the life of this Agreement.

Transportation General Supervisor (Maintenance) (Bridge Maintenance)   Transportation Supervisor (Highway Maintenance) (Bridge Maintenance) 

Transportation Garage Supervisor

Transportation Equipment

General Supervisor

Airport Maintenance Supervisor

Building Maintenance Supervisor at Bradley International Airport

State Police Radio Technician

Section Two. The employer may allow other designated employees who are assigned State vehicles to garage their assigned vehicle at the State facility nearest to their home during the term of this Agreement.

Section Three. Nothing in this Article shall compromise the right of an appointing authority to allow certain designated employees the right to garage their assigned State vehicles at their homes, in accordance with State Travel Regulations during the term of this Agreement.

Section Four. Employees who are assigned vehicles and are allowed to garage those vehicles at home during the life of this Agreement in accordance with Section One above, shall not be compensated for making or receiving telephone calls.

Section Five. Employees who are not assigned vehicles but who must receive and make telephone calls from their homes shall be paid for actual time spent on such phone calls with the minimum being 15 minutes pay. This Section does not apply to employees who are ineligible for overtime pay or to employees who report for duty after such call(s).

Section Six. No employee shall be required to carry a response device outside the normal work hours without prior negotiation with the Union over such requirement as well as over working conditions.

 (a)  Effective July 1, 1989 all Electronic Technicians employed by the Department of Public Safety shall be issued “beepers” to facilitate emergency call-ups during off duty hours.

(b)  These employees shall not be considered to be on standby.

(c) No DOT employee shall be required to carry a beeper/pager outside the normal work hours without prior negotiation with the Union over such requirement, as well as over compensation and other working conditions.  DOT employees who are issued beepers/pagers on a voluntary basis will not receive compensation for carrying beeper/pagers.  It is not the intent of this paragraph to diminish or alter the State’s responsibility to negotiate the issue of beepers in any other agency.

(d) Within the University of Connecticut, University of Connecticut Health Center, Department of Mental Health and Addiction Services and the Department of Mental Retardation management at local facility or site location may determine a requirement to designate individuals by job classification and function as on-call/standby status.  Such designation obligates the designated employee to be available and to respond in the event of a call.  Employees designated to this on-call/standby status shall be compensated at the rate of $1.00 per hour for each hour so assigned.  Notwithstanding the duration of any on-call/standby assignment, such compensation shall not exceed $100.00 per work week.

(e)  Response devices shall be defined as an electronic medium able to communicate or direct employees, this shall include but not limited to cell phones, beepers, pagers, PDAs (i.e. blackberries and the like).

The State shall continue the present practice of providing deferred compensation plan alternatives for employees in the bargaining unit so that an employee may, by contract, defer in whole or part, to the maximum extent allowed under federal tax law, his/her compensation without income tax.

Article 57

Employees Expenses

Section One. An employee shall be reimbursed at the U.S. General Services Administration rate per mile for authorized use of his/her privately owned vehicle. The rate shall be adjusted within thirty (30) days of readjustment by the G.S.A. Reimbursement shall be made for miles traveled in excess of the normal commuting distance to and from the employee's permanent work station. Bargaining unit employees shall not be directed to use their personal vehicles for State business, except under extraordinary circumstances.

Section Two. (a) An employee who is required to travel on employer business shall be reimbursed at the following rates:

Breakfast $ 5.00

*Lunch $ 7.00

Dinner $16.00

Miscellaneous $ 4.00

*Lodging to the maximum as provided on State Comptroller's listing.

An employee who is required to remain away from home overnight in order to perform the regular duties of his/her position may be reimbursed for lodging expenses in accordance with the Standard State Travel Regulations issued by the Commissioner of Administrative Services. Advance approval must be obtained, except in emergencies.

*Applicable to out-of-state travel or when authorized in accordance with the Standard State Travel Regulations.

(b) The employer will reimburse the full amount of a single hotel room when the employee is at a job-related conference approved in advance by the employer, which requires an overnight stay at a specifically designated hotel.

(c) The above rates shall remain in force for the life of the agreement, unless increased by the State.

Section Three. The State shall reimburse an employee for the cost of authorized long-distance telephone calls made on behalf of the State or provide the employee with a telephone credit card.  Requests for reimbursement shall be submitted on approved forms, and reimbursement shall be promptly made.

Article 58

Damage to Personal Property

The Employer agrees to facilitate the expeditious processing of claims for lost or damaged property to the Claims Commissioner. Eyeglass frames and lenses shall be replaced in kind, if possible, or by items of equal value. The Employer will reimburse an employee for jewelry damaged in the performance of duty up to a maximum of seventy-five ($75.00) dollars.

Employees may be represented by the Union in any proceedings before the Claims Commissioner.

Claims for damage of personal property by employees, except claims subject to Connecticut General Statute Sections 31-311 and 5-142, may be submitted to the Claims Commissioner, who shall have jurisdiction over such claims notwithstanding the provisions of Connecticut General Statute Section 19a-24.

Article 59

Volunteer Fire or Ambulance Duty

To the extent provided by existing policy, consistent with agency operating needs, an employee may absent himself/herself for volunteer fire, ambulance, or other emergency duty during his/her regular hours of work without loss of pay or benefits.

Article 60

Miscellaneous

Section One. The Union shall be responsible for printing a mutually agreed number of contract booklets.  The State will reimburse the Union for one-half the printing cost, upon presentation of an itemized invoice for the actual printing.

Section Two. Where employee interest is expressed through the Union for a non-profit, self-supporting day care center for employee's children, the State shall cooperate to establish the same.

Section Three.  Parking.  Parking at no charge will be provided to employees within the limits imposed by available physical space.  The responsibility for regulating and overseeing parking of private vehicles on State owned or leased property will be the responsibility of the employer.

Section Four. Personal Documents. Ordinarily the employer shall place documents of a personal nature, sent through interdepartmental mail, enclosed and sealed in an envelope to ensure confidentiality.

Section Five. Overpayments. When the Employer determines that an employee has been overpaid, it shall notify the employee of this fact and the reasons therefore. The Employer shall arrange to recover such overpayment from the employee over the same period of time in which the employee was overpaid unless the Employer and employee agree to some other arrangement. (For example, an employee who has been overpaid by $5.00 per pay period for six months shall refund the Employer at the rate of $5.00 per pay period over six months).

In the event the employee contests whether he/she was actually overpaid, the Employer shall not institute the above refund procedure until the appeal is finally resolved.

Section Six.  License Fees.  The Employer shall reimburse employees in all classifications, including but not limited to:  Barbers, Hairdressers, Ferry Captains and Electronic Technicians for the cost of license required by the Employer as a condition of employment or otherwise necessary for execution of assigned duties, except that the cost of a Commercial Drivers License (CDL) shall not be reimbursed.  The Employer shall not be responsible for penalties for late filing.  Requests for reimbursement shall be processed upon presentation of a validated license and proof or payment.

Section Seven. When available and sorted at the work site, every effort will be made to distribute paychecks on Thursdays after 3:00 p.m. Where not currently distributed on Thursdays, the Union and the department will discuss the feasibility of new methods of distribution.

When a holiday occurs on a Thursday, efforts will be made to distribute the paychecks on Wednesday.

Section Eight. State Examinations. Employees shall be allowed time off with pay and without loss of earned leave time for the purpose of taking State merit system examinations at the appropriate center, provided due notice is given to the appointing authority. Time off with pay shall also be allowed when an employee is scheduled for a job interview as a result of being certified from a merit system list to another agency, provided due notice is given to the appointing authority.

Article 61

Indemnification

Section One. During the life of this Agreement the Employer will continue to indemnify persons covered by this Agreement to the extent provided by Section 4-165, 10-235 and 19-5a of the Connecticut General Statutes.

Section Two. In deciding whether to provide counsel to an employee being sued, the question of whether such employee was acting within the scope of his/her employment and not in a willful or wanton manner shall be considered consistent with the purpose of the indemnification statutes and sympathetically resolved in favor of the employee. Should the decision be made not to provide counsel, such decision shall be subject to expedited arbitration, and the arbitrator shall use as the criteria the standards in the above sentence.

In cases where the State is also a defendant and where there is a conflict of interest on the part of the attorneys for the State, the employee may request the State to provide reasonable attorney's fees for private counsel. Disputes shall be subject to expedited arbitration.

The inclusion of language in this Agreement concerning matters formerly governed by law, regulation or policy directive shall be deemed a preemption only of those sections specifically addressed in the provisions of this Agreement. Accordingly, those sections of written policies promulgated by the Department of Administrative Services, Comptroller, Office of Policy and Management, and the Agency Head Designees or agent of the Governor shall be deemed superseded if addressed by specific provisions of this Agreement. The State will bargain collectively to the extent required by law before implementing any change in written policies involving wages, hours, and conditions of employment promulgated by the Department of Administrative Services, Comptroller, Office of Policy and Management, or Agency Head Designee or agent of the Governor that are not otherwise superseded by this Agreement, notwithstanding any contrary provision of the Entire Agreement Article.

The parties will jointly prepare a Supersedence Appendix for submission to the Legislature for approval.

The cost items contained in this Agreement and the provisions of this Agreement which supersede pre-existing statutes shall not become effective unless or until legislative approval has been granted pursuant to Section 5-278 (C.G.S.). The State Employer shall request such approval as provided in said Section. If the legislature rejects such request as a whole, the parties shall return to the bargaining table.

Should any provision of this Agreement be found unlawful by a court of competent jurisdiction, the remainder of the Agreement shall continue in force. Upon issuance of such a decision, the employer and the union shall immediately negotiate a substitute for the invalidated provision only.

Article 65

Duration of Agreement

This agreement shall be effective on July 1, 2005 and shall expire on June 30, 2008.

Unless otherwise stated to the contrary changes to language provisions shall take effect upon legislative approval.

Negotiations for the successor to this Agreement shall commence with the timetable established under Connecticut General Statute, Section 5-276a(a).  The request to commence negotiations shall be in writing, sent certified mail, by the requesting party to the other party.

Addendum A

Stipulated Agreement

Between

State of Connecticut

and

Connecticut Employees Union Independent

WHEREAS, the State of Connecticut (State) and the Connecticut Employees Union Independent (CEUI or Union) have been parties to a series of collective bargaining agreements beginning in 1979 and continuing to the present, and

WHEREAS, said collective bargaining agreements have required the State to deduct union dues and fees from bargaining unit members’ paychecks and to forward such deductions to CEUI, and

WHEREAS, said collective bargaining agreements have required the State to provide CEUI periodically with reports of bargaining unit members, their personal status and related information, and

WHEREAS, the State Board of Labor Relations (the Board) via decision No. 3064 has held the State in noncompliance of these provisions and the Act, and

WHEREAS, said Board has directed certain affirmative action to correct said deficiencies,

NOW, THEREFORE, the parties agree to the following as full and final settlement of all claims under Labor Board Decision No. 3064.

1. On or about September 15, 1994, the State shall pay to CEUI the sum of $100,000.00 for lost dues and fees, which State agencies failed to collect and forward to CEUI, plus $30,000 for the Union’s costs and attorney’s fees for processing its claim.

2. The Department of Administrative Services and the Office of Policy and Management shall direct appropriate state agencies to take the following affirmative actions to provide the Union with information necessary to facilitate its reconciliation of dues payment.

A. Effective September 16, 1994 and biweekly thereafter, DAS State Personnel shall provide CEUI with the information listed below, by agency, for all employees in NP-2 bargaining unit classifications, whether or not they are members of the NP-2 bargaining unit.  Such information shall be provided to CEUI in the following format: ASCII delimited with double quotes separated by commas, on a 3-1/2” floppy disk.

            Such information shall be available for CEUI to pick up no later than September 22, 1994.  Thereafter, the biweekly information shall be available for pick by CEUI on Thursday following each payday.  CEUI agrees to return the disks to the State by Thursday of the following week.

1. Employee’s name

2. Employee number

3. Employee’s Social Security number, (unless specifically precluded by Federal or State statute).

4. Employee’s mailing address

5. Employee’s job classification

6. Employee’s employment status (ex. Full time, part-time under 20 hours, or part time 20 hours and over per week).

7. Employee’s appointment status (ex. permanent, durational, provisional, temporary, or retired-reemployed).

8. Employee’s work location

9. Employee’s current Salary Group and Step

In addition, the State Personnel shall continue to provide CEUI with copies of all processed NP-2 bargaining unit 201 forms on a weekly basis.

B.         The Department of Administrative Services and the Office of Policy and Management shall direct that on September 22, 1994, each State agency shall furnish CEUI with the information listed below for all employees in NP-2 bargaining unit job classifications, whether or not they are members of the NP-2 bargaining unit.  Such information shall reflect employees' current status as of September 16, 1994.

1.         Employee's name

2.         Employee number

3.         Employee's Social Security number, (unless specifically precluded by Federal or State statute)

4.         Employee's mailing address

5.         Employee's job classification

6.         Employee's employment status (ex. full time, part time under 20 hours, or part time 20 hours and over per week)

7.         Employee's appointment status (ex. permanent, durational, provisional, temporary, or retired-reemployed)

8.         Employee's work location

9.         Employee receiving shift differential (yes or no)

10.        Employee's current Salary Group and Step

11.        Amount of employee's current Union Dues or Agency Fees deduction

12.        Employee's shift assignment

13.        Employee's seniority in its most current form.

C.         DAS and OPM shall direct that on the seventh day of each month or the first work day thereafter, each State agency shall provide to State Personnel, for delivery to CEUI, a report of any changes in the employee information provided in Section B above to include:

1.         Name change

2.         Address change

3.         Transfers into or out of the bargaining unit

4.         All terminations, specifying the nature of separation, i.e., retirements, dismissals, quits, or other

5.         Interagency transfers, indicating agencies transferred to and from

6.         Employees going off the payroll or coming back on the payroll due to Worker's Compensation, leaves of absence, and any other reasons.

            In addition, the agency monthly report shall include all the information required in Section B for newly hired employees.  If in any month a State agency has no reportable activity as required herein, the agency shall so indicate in writing that no changes have occurred.  This information will be available for CEUI to pick up on the fifteenth of each month or the first work day thereafter. 

D.         Comptroller:  Effective with the payroll period beginning September 16, 1994 and biweekly thereafter, the Comptroller's Department shall provide the CEUI with the information listed below, by agency, for all employees in the NP-2 bargaining unit.  Such information shall be provided to CEUI in the following format:  ASCII delimited with double quotes separated by commas, on a 3 1/2 " floppy disk.

The information shall be available for CEUI to pick up no later than October 14, 1994.  Thereafter, the biweekly information shall be available for pickup by CEUI on Monday following each payday.  CEUI agrees to return the disks to the State by Monday of the following week.

1.         Employee's name

2.         Employee number

3.         Employee's Social Security number (unless specifically precluded by Federal or State statute)

4.         Amount of employee's current Union Dues or Agency Fees deduction.

3.         Future consideration shall be given to enhance the process of transferring data between locations.

4. Should either the Union or an agency believe that the Union dues/fees of an employee have not been deducted correctly that party shall notify the other of such in writing, indicating the employee's name and the specific nature of the problem.  Upon agency verification of the problem the agency shall arrange for corrective action with the Union and the employee.  For example, an employee whose dues have been under-deducted by $1.00 for six (6) pay periods shall have $1.00 extra deducted, in addition to the correct dues deduction, for a period of six (6) pay periods).  Notwithstanding the foregoing, in the event an agency, including DAS and OPM, intentionally, arbitrarily, or through gross negligence, fails timely to provide the information or deduct dues/fees under this Agreement, the agency shall be liable to the Union for damages, as well as costs and expenses, including reasonable attorney's fees incurred by the Union in applying or enforcing the terms of this Agreement.

The Union shall be entitled to file a grievance over such issue(s) directly to Step IV under the provisions of the NP-2 unit contract.  Any arbitration hereunder shall be expedited.

5. In lieu of current contract language the Provisions of this agreement shall supplant language in the parties labor agreement effective 7/1/94 as follows.

     TOPIC                        Contract Provision

Provision of information   Article 7, Section 10   Para. 2a, b  c

Improper dues deduction correction         Article 6, Section 10

 paragraph 4

            This Agreement shall be effective upon signing, and shall be incorporated into the successor agreement to the 1991-94 NP-2 contract by reference and shall continue in full force and effect unless modified or discontinued by mutual agreement of the parties.

            This agreement is subject to approval by the State Board of Labor Relations as fully satisfying its interests as directed under Decision No. 3064.

Department of Administrative       /s/ Janet Polinski 8/25/94

Services

Office of Policy and Management            /s/Susan Shimelman

8/25/94

Office of the State Comptroller     /s/ William E. Curry

8/25/94

Approved in full and final settlement of Case No. 3064.

For the Board of Labor Relations /s/ John W. Kingston

For the Union                             /s/ Steven Perruccio   8/24/94

This language has been in effect since August, 1994.

Memo of Understanding

Workfare Supervision

(1) All DOT Maintainer 1’s and 2’s assigned to supervise workfare shall be paid on a “Q” as a DOT Maintainer 3.

(2) After six months of continuous (over 50% Q-Item) service as an workfare supervisor, a DOT Maintainer 1 or 2 shall be submitted for reclassification on a durational basis to DOT Maintainer 3; retroactive to the beginning of the assignment; or 30 days prior to the filing of any such grievance at Step 1: but in any event, no earlier than March 6, 1993.

(3) The employee shall remain in this classification until such time as (a) the Workfare Program is canceled or curtailed, or it becomes generally inactive at a particular garage, or (b) the Department determines the employee cannot nor should not carry out the assigned duties any longer, or (c) the employee requests removal/reassignment from the Program.  At that time, the employee shall be reassigned to his/her previous permanent classification.

(4) When such assignment is anticipated, the DOT shall post the assignment for no less than 10 days.  Posting/selection process shall be the same as in Section, but with the applicant pool 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 workfare van will be garaged at the facility where the selected applicant normally works.

(5) While in durational status, the employee may apply for transfer to postings at his/her previous permanent levels only but may apply for promotional postings at any higher levels as per the governing provisions of the NP-2 Contract and this Agreement.

(6) Employees assigned to this program shall sign a statement acknowledging the above provisions.

(7) Employees who are supervisors in the Workfare Program will receive a unpaid lunch period whenever they are assigned a workfare.  However, if employees are required to continue supervision of the workfare crew during lunch period, they shall be paid for such.

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

This language has been in effect since 1993.

Agreement

Between

The State Of Connecticut

And

The State Coalition On Pay Equity

PREAMBLE

            The following agreement is reached pursuant to Connecticut General Statute 5-200c which requires that all inequities, including sex based inequities identified by the Objective Job Evaluation study be eliminated.  The parties agree that equity is established based upon the new maximum salaries for each classification.  This long standing legislative goal which originated based upon a 1979 review is hereby achieved.  This agreement also allows all parties to determine the best method of preparing for the future role of state government.  In particular, through this agreement, the parties affirm their commitment to ensuring that the personnel structure and the classification system appropriately address the needs of the public and its employees.  Pursuant to that goal, the parties also have extended the Placement and Training Committee which has successfully provided a mechanism through which employees can make the transition from a declining area of employment to an area of service to the state.

GENERAL PROVISIONS

SECTION ONE - JOINT COMMITTEE ON REDESIGNING STATE EMPLOYMENT

A          As soon as possible following legislative approval of this Agreement, a Joint Labor/Management Committee on Redesigning State Employment shall be convened.  The committee shall have twelve members.  The members shall include six members appointed by the Governor and six members selected by SEBAC.  The committee shall have two co-chairpersons.  One chairperson shall be selected from the appointees of the Governor and the other chairperson from those selected by SEBAC.

B          The committee shall review the State's classification system and shall make recommendations to the General Assembly on April I, 1995.  The areas to be covered shall include, but not be limited to, reducing the overall number of classes; eliminating (to the extent possible) one incumbent classes; establishing career ladders that address the concerns of the Upward Mobility Committee and individual bargaining units; promoting flexibility in work assignments; genericizing classes/series; standardizing job specifications formatting/language; exploring new job designs that provide for better service delivery and increase job satisfaction; the role of unions and management in job design; and the future role of the placement and training committee.  The committee shall consult with the Upward Mobility Committee and bargaining units representatives as part of its review process.

SECTION TWO - MAINTENANCE OF THE PAY EQUITY SYSTEM.

B. The Objective Job Evaluation unit in concert with the Master Evaluation Committee will complete an evaluation for new jobs in accordance with the Willis Point Factor Evaluation system.  Once the class has been filled by an employee for at least 12 months, the agency and the Union will be notified by the Objective Job Evaluation unit that an evaluation review of the job will take place.  The salary group will be established as "temporary" pending the formal Master Evaluation Committee review after a permanent incumbent has been in the job for twelve months.  After that formal review the salary group will be re-adjusted up or down to its appropriate place on the line.  If the points indicate that the salary group should move down, current incumbents will remain in the salary group that they were hired in and will move through the maximum of that salary group; future incumbents will be hired in at the appropriate salary group.  If the points indicate that the salary group should move up, current incumbents shall be upgraded and the classification shall be placed in the higher salary group.

            In the case of a bona fide emergency (e.g. health, safety, public welfare, immediate loss of funding), a new class may be processed without a formal Master Evaluation Committee review.  The Objective Job Evaluation unit will be notified when there is a bona fide emergency and will prepare a preliminary evaluation for the class.

            If a position is assigned to a point score higher than those contained in the appropriate unit agreement, the position shall be assigned a salary group based on the pay line formulas used to establish the point breaks contained herein.

C          Class Re-evaluation Hearing Process for Classes Studies under the Willis Point System.

            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 an MEC hearing within 60 days.  This time frame may be extended for an additional 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.

            (a) The Union (except P-5, NP-5, P-3A, P-3B and P-4 which shall be covered by paragraph b) have 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 it 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.

(b) P-5, NP-5, P-3A, P-3B and P-4 class re-evaluation contract language specified in their existing collective bargaining agreements shall govern if the OJE unit finds that the changes in job content/working conditions are not significant enough to affect evaluation points.

            4.  The results of an Master Evaluation Committee class re-evaluation hearing are considered to the final evaluation for that appeal.

D          Master Evaluation Committee Composition.

            There shall be a Master Evaluation Committee comprised of Union and Management representatives of classes that fall under the scope of the Master Evaluation Committee.  Each interested bargaining unit which represents such classes may appoint the representative and an alternate for that representative to the Master Evaluation Committee.  The state may be equally represented on the Master Evaluation Committee with a minimum of three representatives.  All members shall be trained and qualified in the application of the Willis Point Factor Evaluation System.  Members will make every effort to regularly attend Master Evaluation Committee meetings.  The Objective Job Evaluation unit will notify the appropriate bargaining unit if that bargaining unit is not represented at two consecutive meetings.  Bargaining union members serving on the Master Evaluation Committee will suffer no loss of pay or benefits as a result thereof.

E          Objective Job Evaluation Advisory Committee

            The Objective Job Evaluation Advisory Committee shall meet upon request of any member thereof.

F          Classification Audit System

            All classes that fall under the scope of the Objective Job Evaluation program will be systematically reviewed every five (5) years and, where there have been changes in job content, the job classification will be up-dated.  The classes will be re-evaluated if there has been a significant enough change in the class responsibilities or working conditions to affect evaluation points.

            The first classes to be studied and implemented under this review will be any classes covered in the NP-3 and P-2 studies.  Because of a lack of an appeal process, NP-3 and P-2 classes will have their benchmarks re-evaluated by the Master Evaluation Committee.

G          Job Design

            The Willis system can be used to evaluate jobs in a variety of classification structures other than the traditional hierarchical structure.  Individual bargaining units may negotiate clinical or diagonal job ladders, stipends, or other structures using a baseline evaluation for the "Working Level" job in the series.

SECTION THREE - PLACEMENT AND TRAINING COMMITTEE

A          The parties reaffirm their commitment to maximize employment opportunities for State employees and to mitigate the impact of layoffs which may occur.

B          Except as modified below, the parties agree to continue the placement and training program as provided for in SEBAC 3.

1.  Funds not used in 1992-93 and 1993-94 shall be carried over into subsequent fiscal years.

            2. The joint labor/management committee established under this Agreement to review the State's classification system shall make recommendations on the future role of the placement and training program.

            3. An eligible employee who goes through the DAS placement process and who is qualified for a higher position which is vacant and which the State has decided to fill, shall have preference for employment over outside hires.  An employee who takes a higher position under the DAS placement process shall be paid at a rate that provides for a promotion to the position.

            4.  An employee who takes a position in a lower salary grade as part of the placement or on-the-job-training process shall be paid at the rate within the lower salary grade which is closest to but not more than his/her current salary, but not to exceed the maximum.

            5.  If an agency decides not to fill a vacant funded position with an employee who is qualified to fill the position, then the Agency shall state the reasons for not filling position to the Commissioner of Administrative Services.  The Commissioner of Administrative Services shall make the final decision as to whether the employee shall be placed into the vacant funded position.  The provisions above which provide for the placement at the direction of the Commissioner of Administrative Services shall only apply to positions in the classified service and to unclassified positions in the Departments of Corrections, Social Services, Mental Retardation, Children and Families, Education and Services for Blind, Public Health and Addiction Services and Mental

Health.  Other employers and appointing authorities retain the right to determine whether an individual shall be appointed to the vacant funded position.

SECTION FOUR - EQUITY

A. Effective on each employee's anniversary date during the 1995/96 fiscal year, prior to the application of their annual increment, if any, their salary grade shall be adjusted based upon the appendixed objective job evaluation point breaks applicable to their bargaining unit.  The salary grade adjustment shall be made based upon the round up method, i. e. the individual shall be placed in the new salary grade at the step closest to but not less than her/his current salary.

B. Those employees on step one of their salary grade at the time their classification is upgraded, pursuant to this agreement, shall remain in their current salary grade until their next anniversary when they shall move to the newly assigned salary grade through the round up method defined in section 4.A above.

C. Notwithstanding Section 4.A, employees who are hired on or after June 23, 1995 shall be hired at step one of the classification's salary grade prior to this agreement and shall move with employees on step one as provided in Section 4. B.

D. All employees hired after December 20. 1996 shall be hired at the pay grades delineated in the appendices.

E. Notwithstanding Section 4.B, employees who are hired prior to July 1, 1994 and who as a result of a promotion are on step one of their salary grade on their anniversary date in fiscal 1995/96 shall be upgraded, pursuant to this agreement, on that anniversary date by an amount equal to one half of the difference between their current step one and the appropriate step one based upon this agreement.  On their subsequent anniversary date, the employees shall be moved to step one of the higher group.

F.  Shift, Weekend, or Overtime Differentials

            Any classification currently eligible for overtime, weekend, or shift differential payments shall continue to be eligible for same upon the implementation of this Agreement.  The purpose of this section is to ensure that no employee's entitlement to overtime, shift, or weekend differentials, is diminished as a result of this pay equity agreement.

G.  Working Conditions

            All bargaining units shall be allowed to negotiate stipends for working condition issues.

H.  Red Circled Classes

            If a red-circled class has a parallel class which has been assigned Willis points, the Willis points shall apply to the red-circled class.  Any upgrading that results from this Agreement shall take place concurrently with the implementation of this Agreement.  No one in a red-circled class shall be downgraded as a result of this evaluation.  If there is no parallel class, the red-circled class shall be evaluated by the Master Evaluation Committee.  If there is an upgrading based on Willis points assigned to the job, it shall take place retroactive to the date of the implementation of this Agreement.  No one in a red-circled class shall be downgraded as a result of this evaluation.

I.  Recruitment and Retention

            1. Recruitment and retention issues may be addressed in negotiations for a successor collective bargaining agreement in any collective bargaining unit.

            2. During the term of a collective bargaining agreement, if either party believes a recruitment and retention issue exists which is not covered by the terms of the collective bargaining agreement, the parties will meet and discuss the issues and options for the resolution of the matter.  To determine whether a recruitment and retention issue exists, the parties shall be guided by, but not limited to, the criteria set forth in Appendix A.

            3. If the parties reach an agreement over recruitment and retention issues during the term of a collective bargaining agreement, any adjustments in pay shall be effective and implemented on the date specified by the parties.

J. Downgradings

            No classification or individual shall be downgraded or red circled as a result of the implementation of the Objective Job Evaluation Study.

SECTION FIVE - LONG TERM EQUITY

            In July 2005 a committee shall be convened which shall report on the status of pay equity.  This report shall be made to the Governor, the General Assembly, and all state employee union representatives.  This committee shall determine if any inequities based upon the race or gender of position incumbents has been reestablished.  The committee shall be comprised of six appointees of the state employee bargaining agents, six appointees of the Governor, and six appointees of the General Assembly. 

SECTION SIX - DISPUTES AND ARBITRATION

A          Disputes Regarding General Provisions

            1. There will be a labor-management review committee consisting of two representatives of the unions which are signatories to this Agreement, who shall be designated by the  unions representing a majority of the bargaining units and a majority of state employees, and two representatives of the State employer.

            2. Any dispute regarding the interpretation or application of the general provisions of the agreement may be submitted to the labor-management review committee, which shall meet to consider the dispute within two weeks of the union's request.  If the dispute is not resolved, the matter may be submitted to final and binding arbitration.  The arbitrator shall be mutually agreeable to the parties.  If the parties can not agree to an arbitrator, one will be selected using the Voluntary Rules of the American Arbitration Association.  The expenses for the arbitrator's services and for the hearing shall be shared equally by the parties.

B          Unit Specific Disputes

            Disputes regarding the interpretation or application of this agreement to a specific bargaining unit shall be grieved under that bargaining unit's collective bargaining agreement.

Section Seven - Duration

            This agreement shall be effective upon approval by the Connecticut General Assembly.

This agreement shall continue in full force and effect unless modified by mutual agreement of the parties or by individual bargaining agreements which specifically provide for a supersedence of the coalition agreement.

            The following Objective Job Evaluation point to pay grade assignments shall be effective beginning June 23, 1995 and as provided for in Section 4 of this agreement.

            GRADE             POINT RANGE

            6                         O         73

            7                        74         88

            8                        89       101

            9                      102       110

            10                     111       118

            11                     119       126

            12                     127       137

            13                     138       148

            14                     149       166

            15                     167       179

            16                     180       195

            17                     196       207

            18                     208       225

            19                     226       241

            20                     242       259

            21                     260       273

            22                     274       287

            23                     288       306

            24                     307       327

            25                     328       350

            26                     351       375

            27                     376       402

            28                     403       419

            29                     420       435

            30                     436       460

            31                     461       487

            32                     488       514

            33                     515       541

            34                     542       568

            35                     569       594

This language has been in effect since 1990.

Memorandum Of Agreement

SEBAC V

            This Agreement is made by and between the State of Connecticut (“State”) and the State Employees Bargaining Agent Coalition (“SEBAC”), for the following purposes:

to modify the agreement between the parties known as SEBAC IV dated May 26, 1995 as approved by the legislature.

to effect changes in the current pension agreement between the parties and to comply with the reopener provisions of SEBAC IV;

to modify health insurance provisions of the current pension agreement as may have been changed through the Health Care Cost Containment Committee (“HCCCC”);

to permit negotiations and arbitration over an early retirement incentive program and other related issues;

to permit negotiation and arbitration over domestic partners after January 1, 1999.

1.  PENSION PROVISIONS

FUNDING

Past Service Liability.  The maximum amount the State’s contribution could be reduced for the unfunded past service liability for the 1998-99 and 1999-2000 fiscal years as provided in the SEBAC IV Agreement shall be eliminated.  For the fiscal year period beginning July 1, 1998 through June 30, 2017, the Retirement Commission shall determine all past service liability contributions by utilizing the level percent of payroll method of funding. The fact that all past service liability contributions are based upon the level percent of payroll method of funding for the period 1998 through 2017 will not be utilized by either party to advance its position in any arbitration following the expiration of this agreement on June 30, 2017. 

Spending Cap.  If statutory changes are required dealing with the Expenditure Cap in order that the level percentage of funding method does not adversely impact the Expenditure Cap, the parties will jointly seek to effectuate such changes.

Actuarial Certification to coincide with the Biennial Budget period.  Beginning with the 1999-2001 biennial budget, the Retirement Commission shall, on or before December first preceding each biennial budget, for the two years of the next succeeding biennial budget certify the required contribution amount to the general assembly. 

Resetting of Assets to Market Value.  Effective with the June 30, 1996 actuarial determination, the actuarial value of assets shall be reset equal to the market value.  The asset value shall then phase-in to the five-year average asset method over the ensuing four years.  The increase in actuarial asset value as a result of this restart shall be identified as a separate actuarial gain and shall be used to further reduce the annual unfunded past service liability determined above.  This reduction shall be calculated to amortize the asset gain over the 35 year period commencing June 30, 1997 as a level percent of pay.  The initial year’s reduction shall apply to fiscal year 1997-98.

Amendment of C.G.S. §5-156a.  Effective upon ratification of this Agreement by the General Assembly, Connecticut General Statutes §5-156a shall be amended to incorporate the funding changes agreed to by the parties. 

SERVICES PERFORMED UNDER A PERSONAL SERVICES OR SIMILAR AGREEMENT.  When an employee presents a claim to the Retirement Commission that services performed under a personal services or similar agreement constitute state service for the purpose of retirement, the Retirement Commission shall continue to apply its standards in making this determination.  If the service constitutes state service, the employee shall be granted credit for service for the purpose of retirement.  The payment of the contribution, if any, required of the employee shall be determined as if the individual was a state employee at the time the service was performed.  Provided, however, if the personal services or similar agreement contains a rate of pay reflecting additional compensation in recognition of exclusion from the State’s benefit plans, the Retirement Commission shall not grant credit for such service.

FIVE (5) YEAR VESTING:  Effective July 1, 1997, the vesting requirement of Tier II set forth in C.G.S. 5-192o(b) shall be changed to a minimum of five (5) years of actual state service.  All other service requirements to receive pension benefits under Tier I and II shall remain unchanged.

TIER IIA:  A new defined benefit pension plan shall be established for employees who are employed or reemployed on and after July 1, 1997.  It shall be the same as the present Tier II plan, except as provided herein.  Nothing in the agreement is intended to vary the provisions for bridging service which currently exist in the Tier I and Tier II plans.  The vesting requirement under Tier IIA will be a minimum of five (5) years of actual state service.  The ability to receive credit for certain types of nonstate service is the same as Tier II.  Provided, however, the employee must pay the amount determined under the formula set forth in Tier I for the purchase of the applicable service. The COLA formula in Tier IIA is the same as set forth in VI. C. provided, however, an employee must have at least ten (10) years of actual state service or directly makes the transition into retirement in order to be entitled to receive a COLA.  Employee contributions are required under Tier IIA.  For hazardous duty members, the employee contribution shall be five percent (5%) of the employee’s salary and for nonhazardous duty members, the contribution shall be 2% of compensation.  Effective upon ratification of this Agreement by the General Assembly, Connecticut General Statutes shall be amended as provided in Appendix B.

PRETAX PENSION CONTRIBUTIONS:  Effective July 1, 1997, employee contributions to the State Employees retirement system, regardless of which tier the employee is a member, shall be made on a pretax basis as allowable under IRC § 414(h).  The Retirement Commission and/or the Retirement and Benefit Services Division shall take whatever steps are necessary to accomplish this result. 

COST OF LIVING ADJUSTMENT:

Effective Date for Tier I and Tier II members.  The parties have agreed to change the cost of living adjustment (COLA) provisions of Tier I and Tier II to the provision outlined in subsection D. below effective for employees retiring on and after  July 1, 1999.  Employees who retire from July 1, 1997 through June 1, 1999 shall have the irrevocable choice of existing, applicable COLA formula or the revised formula presented below.  The Retirement and Benefit Services Division shall develop a form which clearly explains the difference between the formulas.  Each member retiring during the above window shall sign the Division’s form prior to the effective date of retirement selecting one COLA formula and waiving the other. The Retirement Commission shall not have authority to change the selection of any such member.  In the event that a member fails to make a selection, the current three percent (3%) formula shall be utilized in determining the COLA adjustment for such member.

Recertification.  As a result of the change in the formula utilized for Cost of Living Adjustments, utilizing a four percent (4%) assumption, the Plan’s actuary shall recertify the amount of State Contribution required for the next fiscal year (1997-98).

Tier IIA.  The Cost of Living Adjustment applicable to Tier IIA members shall be the formula outlined in subsection D below.

Revised Cost of Living Formula.   The revised Cost of Living for employees eligible shall be a two and one half percent (2.5%) minimum with a six percent (6%) maximum. The determination of amounts in excess of the 2.5% guaranteed amount shall be calculated utilizing a formula wherein increase shall be sixty percent (60%) of the increase in the CPI through six percent (6%) and seventy-five percent (75%) of the increase in the CPI over six percent (6%). In no event shall the COLA be less than 2.5% or greater than 6.0%. The CPI shall be defined as that utilized by the Social Security Administration on June 29, 1996.

HAZARDOUS DUTY RETIREMENT GRANTED UNDER THE 1988 PENSION AGREEMENT.  Any classification which was granted inclusion in Hazardous Duty Retirement granted by the arbitrator under the specific terms of the 1988-1994 Pension Arbitration Award shall not be required  to contribute at the hazardous duty rate for service prior to January 12, 1990.  Additionally, the increase in contribution rate for hazardous duty retirement under the terms of the 1988-1994 Pension Award shall be effective on January 12, 1990 for employees covered on that date.  A hazardous duty contribution shall be required for all service performed in such classification after such date.

LEAVES GRANTED UNDER SEBAC II.  Assuming appropriate documentation of said leave is received in the Retirement and Benefit Services division, any member who did not receive credit for leaves granted or agreed to under the terms of the SEBAC II agreement shall be granted such credit if required employee contributions are made.

TERM:  Unless specifically provided otherwise herein, the parties hereby agree that the State Employees Retirement System shall not be changed through June 30, 2017 unless mutually agreed by the parties, with the exception of the pension changes which the parties discussed and will resolve as a part of these negotiations.  Such changes will be made a part of this agreement.

3.  GENERAL PROVISIONS

I.  EARLY RETIREMENT INCENTIVE PROGRAM:  Nothing in this Agreement shall preclude the parties from initiating interim bargaining on early retirement incentive programs and related issues.

II.  CODIFICATION: The parties have agreed to submit the language of the Pension Agreement in statutory form to the Legislative Commis­sioner’s Office for codification in the Connecticut General Statutes.

III.  DOMESTIC PARTNERS:  The issue of whether and how domestic partners should be covered by pension  and welfare benefits shall be the subject of contract reopener negotiations and arbitration to begin on or about January 1, 1999.  SEBAC shall contact the State thirty (30) days prior to the date it wishes to begin such negotiations.

IV.  PLACEMENT AND TRAINING FUND:  If the balance in the Placement and Training Fund falls below $1.0 million, the Placement and Training Agreement which was negotiated between the parties as part of SEBAC III shall be subject to negotiations.

V.  ARP CASHABILITY RESTRICTIONS:  Any current restrictions contained in the plan on the ability of a member of ARP who has left state service to receive their ARP account shall be removed.  This is not intended to change an Internal Revenue Service or other federal or state law which restricts the payout of this type of benefit.

VI.  REEMPLOYMENT RIGHTS OF EMPLOYEES WHO ELECT TO RETIRE AND RECEIVE A RETIREMENT BENEFIT TO AVOID LAYOFF OF A FELLOW EMPLOYEE:  Any employee who elects to retire and receive a retirement benefit in order to avoid the layoff of a fellow employee shall have reemployment rights as provided in their contract, SEBAC III and under the Connecticut General Statutes, as if they had not elected to retire and receive a retirement benefit.  Such employee shall be entitled to waive reemployment rights by signing a clear waiver of such rights and filing the same with either the Placement and Training Committee or his/her last employing agency.

VII. INSURANCE COVERAGE AS A RESULT OF A VALID JOB SHARING AGREEMENT:  In the event two employees execute a valid job sharing agreement, the job sharing agreement shall not in any way adversely impact each employee’s ability to qualify for medical insurance when he/she retires, unless the employee(s) and their collective bargaining representative expressly waive his/her right to medical insurance.  Additionally, it shall not have any effect on an employee’s ability to qualify for medical insurance as an active employee, unless the employee(s) and their collective bargaining representative expressly waive his/her right to medical insurance.

VIII. RETIREE INSURANCE FOR EMPLOYEES HIRED ON AND AFTER JULY 1, 1997:  An employee who is hired on and after July 1, 1997 must have at least ten (10) years of actual state service or transition directly into retirement in order to be eligible for insurance as a retiree.  Such an employee who terminates state service and does not immediately begin to receive his/her pension shall be entitled to the same health insurance benefits as active employees receive at the time he/she begin to receive pension payments.  Provided, however, laid off employees and employees who leave state service because there is not a fair assurance of continued employment shall be treated like employees who transition immediately into retirement and not as deferred vested employees.

IX.  INCREASE IN THE MONTHLY RETIREMENT BENEFITS OF CERTAIN FULL TIME EMPLOYEES:  Employees who were employed on a full time basis and who had twenty-five (25) [twenty (20) years of hazardous duty service for hazardous duty members] years of state service at the time of their retirement prior to June 1, 1997 whose monthly retirement benefit is less than $900 per month at the time the Medicare Risk program is implemented may have their monthly benefit increased.  The increase shall be implemented when the Medicare Risk program is implemented.  The parties agree to have up to $3.0 million from the Pension Fund allocated on a one time basis for the purpose of increasing such benefits.  The $3.0 million amount is designed to represent the entire cost of providing this benefit and not just the one year cost.  The parties shall suggest one or more alternative formula to the Plan’s actuary.  The Plan’s actuary shall calculate the amount of increase which can be provided to such retired employees and shall certify the amount to the parties.  This increase as selected by the parties shall be available to such retired employees only and shall not increase the monthly amount of any such retired employee over $900 per month.

X.  ACTUARIAL QUALIFICATION:  An actuarial trustee may either be a member of the Fellow of the Society of Actuaries or the Conference of Consulting Actuaries.

XI.  PURCHASE OF FURLOUGH TIME:  To the extent not already purchased, employees shall be permitted to purchase any furlough or temporary layoff time served as a result of the provisions of any SEBAC II agreement, the October Expense Reduction Plan or the Emergency Furlough days in July, 1991.

MISCELLANEOUS ISSUES:  The parties have had discussions regarding the following issues.  Changes  in these area will be implemented upon mutual agreement of the parties: the offset of disability retirement benefits for outside employment under Tier II and II.  A payment of a benefit during the pendency of certain disability retirement claims a method to simplify the calculation of service claims of mistake due to the October 1, 1985 deadline.

XIII.  PURCHASE OF RETIREE HEALTH INSURANCE FOR PART-TIME EMPLOYEES AND THE SPOUSES OF DECEASED RETIRED STATE EMPLOYEES:  Part-time employees and the spouses of deceased retired state employees not otherwise eligible to receive retiree health insurance from the State shall have the right to purchase retiree health insurance under the COBRA plan.  The rules applicable to the payment of the premium for such insurance shall be governed by the Retirement and Benefit Services Division.

XIV.  EFFECTIVE DATE:  Except as specifically otherwise provided herein, the provisions of this agreement apply to employees who leave employment with the State of Connecticut effective on and after July 1, 1997.  Employees who terminated, died, retired or otherwise ceased to be employees of the State of Connecticut shall have their pension and welfare benefits determined on the basis of the plan provisions in effect at the time they ceased to be employed by the State of Connecticut.  Changes in benefits and entitlements shall be effective July 1, 1997, except as specifically otherwise provided herein.  The parties acknowledge that the benefits of retired employees may be altered only by mutual agreement of the parties.

XV.  SUCCESSOR NEGOTIATIONS:  The provisions of the Pension Agreement or any general statute or public act or special act to the contrary notwithstanding, the State agrees to bargain with SEBAC over a successor to the Pension Agreement, on matters which are mandatory subjects of bargaining.  Negotiations shall commence on or about September 1, 2016 and shall be conducted in accordance with the provisions of the State Employee Collective Bargaining Act   in effect as of January 1, 1997, including, but not limited to the provisions of the Act concerning impasse resolution, mandatory subjects of bargaining, legislative approval of any agreement or arbitration award.  In such negotiations, the negotiated changes in contributions for the unfunded accrued liability shall not be asserted by either party as a basis for reduction in pension benefits.

This language has been in effect since 1996.

Memorandum Of Agreement

Between

State Of Connecticut And SEBAC

Placement And Training

The above-mentioned parties hereby acknowledge their mutual agreement on the following matters relative to eligibility for placement and training of individuals in State employment pursuant to SEBAC 3 as amended including the SCOPE agreement:

1. Where it has been determined through administrative and/or legislative action that a layoff will occur, the affected union(s) and the employee(s) that are at risk for layoff will be given notification to the earliest extent practicable.  Once the additional notification is provided, the affected state employees’ unions will have a period of seven (7) days to decide if their members may participate in the SEBAC Placement and Training process as described below.  This will not preclude the State from filling a bargaining unit vacancy in accordance with existing merit system rules and regulations.  If the affected employee’s union elects to participate in the process, the employee will have a period of fourteen (14) days to make application for employment opportunities through SEBAC Placement and Training process.  If an employee accepts a placement in a position through the SEBAC process, he/she will be considered to have waived all transfer and bumping rights normally available to an employee under the terms of their applicable union contract’s layoff procedure.  The use of this procedure shall not impair an employee’s contractual right to transfer to a vacant bargaining unit position based upon seniority.  The State and state employee’s unions shall work out protocols, so that employee’s collective bargaining rights are not impaired or diminished by this new procedure.  It is also further understood that the rights of employees as provided for in SEBAC 3 as amended including the SCOPE agreement will not be impaired nor diminished by this section.

2. If an agency or SEBAC employee indicates the need for further training to fully qualify as a precondition to employment, the Placement and Training Committee will be immediately notified to review the need and expenditure of training funds for the hiring agency.  SEBAC employees that are accepted by an agency may be placed in a vacant position if he/she has the potential to be fully qualified after three (3) months.  Agencies, to the earliest extent possible, will be advised by the SEBAC Placement staff of employees that could qualify, with appropriate training.

3. SEBAC employees who are employed at the time of layoff in a full time capacity, will not be removed from SEBAC list(s) for a period of up to three (3) years for accepting a part time, durational, temporary, job sharing, intermittent or a lesser paid full time position.  At the end of the three (3) years period, any employee who has not been reemployed in a full time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status.  They will be removed, however, from the SEBAC list(s) if they accept full time permanent employment by exercising their contractual reemployment right or their SEBAC rights to a comparable paid position.  If a SEBAC candidate accepts a lessor position, they will remain in SEBAC for only those positions they are deemed qualified to fill above the position they accepted.

SEBAC employees who are employed at the time of layoff in a part time capacity, will not be removed from SEBAC list(s) for a period of up to three (3) years for accepting a durational, temporary, job sharing, intermittent or a lesser paid position including a position with fewer hours per week.  At the end of the three (3) year period, any employee who has not been reemployed in a full time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status.  They will be removed, however, from the SEBAC list(s) if they accept full time permanent employment by exercising their contractual reemployment rights or their SEBAC rights to a comparable paid position.  If a SEBAC employee accepts a lessor position, they will remain on SEBAC for only those positions they are deemed qualified to fill above the position they accepted.

4. Employees who volunteer to be laid off or exercise their contractual rights to be laid off will also be eligible for the SEBAC Placement and Training process.

5. The Bureau of Human Resources will contact all SEBAC employees who have been in SEBAC for one (1) year or more to determine their continued interest in placement.  SEBAC employees will be asked to indicate their continued interest in placement.  SEBAC employees will be asked to express their interest as follows: (1) Interest in all positions qualified to fill; (2) Interest in all positions qualified to fill at a comparable level of pay from the position they were laid off from; (3) Placement in an inactive status; and (4) Removal from SEBAC.  State employee unions will provide assistance in making these determinations.

6. All Off-track Betting Cashiers, except those excluded by agreement of the State and AFSCME, Council 4, will be placed in an inactive status effective with the approval of this Memorandum of Agreement.  These employees will receive written notice of this action and will be informed of their rights and the process of being re-activated and placed back into the SEBAC placement system.

7. If a SEBAC employee waives a suitable job from a State agency, they will be placed in an inactive status for the position classification in that agency.  If a SEBAC employee waives two (2) suitable position offers from any State agency(ies) for a specific classification, the employee will be placed in an inactive status for that classification.  If a SEBAC employee waives a total of three (3) suitable position offers from any State agency(ies) for any position classifications, the employee will be placed in an inactive status for all SEBAC position opportunities.  Notification will be provided to the employee and their union if they are to be placed in an inactive status.  An employee will be removed from the inactive status upon reapplication to the Bureau of Human Resources accompanied by a written indication of willingness to accept employment, if offered.  A reapplication will be reviewed by the SEBAC Placement Staff for position qualifications and position interests.

8. For administrative purposes, once an agency receives a list of SEBAC employees from the Bureau of Human Resources, the agency will have a window period of up to twenty-one (21) days to contact the employees on the list, interview and make a job offer.  If the employees on the SEBAC list do not respond or do not accept an offer of employment, the employing agency may proceed to consider other candidates for employment without requesting an additional SEBAC list, subject to appropriate merit system rules.  After the twenty-one (21) days have expired and the agency has not made a bona fide offer of employment which ha been accepted by the “outside” candidate, the agency must request a new list of SEBAC employees from the Bureau of Human Resources.  If the agency hires an “outside” candidate within the twenty-one (21) day period, the agency shall provide to the Bureau of Human Resources information the Bureau and the Placement and Training Committee feels is appropriate to ensure the integrity of the SEBAC placement process.

9. The Department of Administrative Services, Bureau of Human Resources will provide, with the assistance of the new Automated Personnel System (APS), a more timely and accurate report on funded vacancies agencies plan to fill.  If possible, State employees’ unions will have the ability to view vacancies through the Automated Personnel System.

This language has been in effect since 1996.

Drawbridge and Rest Areas

Whereas, ConnDOT and the Union are cooperating to achieve savings and more efficient utilization of resources; and

Whereas, a purpose of this Agreement is to prevent privatization of public services; and

Whereas, the parties intend that the services covered by this Agreement will continue to be performed by ConnDOT employees;

NOW, THEREFORE, the parties agree as follows:

(a) The parties agree that two new job classifications of “DOT Rest Area Attendant” and “DOT Drawbridge Attendant” will be established within ConnDOT and the job classifications and all positions established under those classifications shall be included in the NP-2 Maintenance and Service bargaining unit.  These job classifications will not include any supervisory functions and be limited to providing general maintenance and attendant services at the highway rest areas and on the drawbridges/movable bridges in Connecticut.  These positions will entail fewer duties than the current entry level ConnDOT Maintainer positions.  ConnDOT shall not assign higher level duties to these job classifications other than those specifically described in the job specifications for the classes.  All provisions of the NP-2 collective bargaining agreement shall apply to the job classifications and positions, except to the extent specifically excluded by the terms of this Agreement.  The DOT Drawbridge Attendant job classification will be established at salary group 11, and the DOT Rest Area Attendant will be established at salary group 9.  Both classifications have been through Objective Job Evaluation and the salary groups outlined herein are consistent with that process.  Neither of these classifications shall be reevaluated during the term of this Agreement or extensions thereof.  These classifications shall be eligible for all other salary increases and improvements as provided for under the NP-2 contract.  The agreed job specifications describing duties is appended as Appendix A.  This Agreement may be enforced by utilizing the grievance and arbitration provisions and procedures set forth in the NP-2 contract.

(b) ConnDOT shall continue to utilize the existing Senior Bridge Operators, Maintainer 4 level, and the Lead Rest Area Attendants, Maintainer 3 level, at the drawbridges/movable bridges and rest areas for twelve (12) months after the signing of this Agreement.  These existing positions shall be red-circled, and upon these positions being vacated, ConnDOT shall fill the vacancies with the appropriate job titles for these facilities, i.e., either DOT Rest Area or Drawbridge Attendant.

(c) Positions in the DOT Rest Area and Drawbridge Attendant job classifications shall be used exclusively at the DOT Rest Areas and Drawbridges.

(d) Unfilled DOT Attendant positions shall be filled in the same manner as other  bargaining unit job vacancies under the NP-2 contract, except that first priority will be given to NP-2 bargaining unit employees within ConnDOT who are in need of a light duty assignment because of a worker’s compensation injury or other illness/injury.  Those accepting assignment to the DOT Attendant position will be reclassified to DOT Drawbridge Attendant, salary grade 11, or DOT Rest Area Attendant, salary grade 9, respectively, with a pay rate adjusted to the step within the new salary grade nearest to the employee’s rate of pay at the time of his/her election to be assigned to the NP-2 vacancy.  Any remaining vacancies in the DOT Attendant job classifications will be included in the list of vacant positions and offered first to employees of a reemployment list, a SEBAC list and then to outside hiring.

(e) No employee who accepts reassignment to the DOT Attendant job classifications or who is appointed to these job classifications shall at any time be required to possess or obtain a commercial driver’s license (“CDL”) and the CDL requirement shall not be a part of the job description.  Any employee taking a voluntary reassignment to the DOT Attendant classifications, who in his/her previous position had a snow and ice assignment shall continue to be permitted to work snow and ice overtime, and shall be paid at the rate of pay for snow and ice work as if still in his/her former position.

(f) No employee shall be involuntarily transferred, assigned or demoted to the DOT Attendant job classifications.

(g) Any other movement of employees into or out of rest area and drawbridge/moveable bridge assignments subsequent to the initial reassignments as provided in this Side Letter shall be governed by the provisions of the NP-2 contract.

(h) During the term of this Agreement, ConnDOT shall continue to staff/operate three shifts, seven days a week, 24 hours a day at the rest areas. Drawbridge operations will be determined by U.S. Coast Guard procedures. Overtime for shift coverage will be as follows: the Saturday 12:00 a.m. - 8:00 a.m. shift will be posted and filled by the most senior qualified volunteer from another ConnDOT facility. Vacations or other leaves of three (3) consecutive days or less will be offered and filled on a rotational and voluntary overtime basis by the DOT Attendants at the same facility. If there are no volunteers, overtime will be assigned by inverse seniority. For vacations or other prescheduled leaves of four (4) or more consecutive days, and for leaves of one day or more on the Monday - Friday, 8:00 a.m. - 4:00 p.m. shift, the shift will be offered and filled on a rotational basis with qualified employees who volunteer for such short term schedule change from other ConnDOT facilities. If there are insufficient volunteers, in such a situation, the relevant NP-2 contract language will be operative. Only properly trained back-up operators may be assigned to the drawbridge/moveable bridges.

(i) Initially, ConnDOT will continue the present method of scheduling, overtime fill, and optional assignments; however, the parties agree, upon written request of either party, notwithstanding Article 2, Entire Agreement, to negotiate over alternative work schedules, compressed work schedules with twelve (12) hour shifts, rotation of days off, staggered work weeks, flextime and related shift assignment and overtime topics for the rest areas and drawbridges/moveable bridges. The written request will detail the specific topic(s) to be discussed and the reasons for requesting such shifts/alternate schedules. The parties will commence negotiation within thirty (30) days of receipt of such request. Any schedule will become effective within two weeks after the schedule has been agreed to and ratified by affected employees. In no event shall this issue be submitted to arbitration. In the absence of an agreement, the present method of scheduling, overtime fill and optional assignments will continue in effect. Any such agreement shall not be utilized in any subsequent negotiation or interest arbitration. The parties further agree that the agreement and/or other outcome reached under this paragraph will not result in a financial expenditure of any kind by the DOT.

(j) Any employee who retires while this Agreement is in effect who elected a voluntary reassignment to either the DOT Rest Area Attendant or the DOT Drawbridge Attendant classification shall for purposes of retirement calculation have all salary imputed as if he/she had continued in the job classification held prior to reassignment. Such imputation shall resume automatic progression to the maximum step for the applicable classification. The imputation shall be required for all salary routinely paid on a state payroll that is recognized for retirement purposes, including but not limited to regular biweekly salary, overtime, shift differential, longevity payments, payments for accrued vacation time. No employee retirement contributions shall be due on the imputed amount.

(k) The attached Department of Transportation Rest Area Attendant job specification should be read, discussed and understood by all Supervisors involved. 

The Rest Area Attendants are to be used exclusively at the Rest Area, performing lower level duties and responsibilities related to the Rest Area. The only exception is that current Rest Area employees who elect to take a demotion to the Attendant level in order to remain at the Rest Area may volunteer to perform snow and ice overtime at the maintenance garages. The job specification is to be adhered to and not deviated  from. Some examples are:

No Rest Area Attendant shall operate a vehicle that would require a CDL License (except for the exception specified above);

No Rest Area Attendant shall be required to operate any equipment other than what is referenced on the attached addendum;

In day-to-day work activities at the rest area, Attendants may work with higher level Maintainers and/or Qualified Craft Workers at jobs within the Attendant specification, and may assist these higher level employees as they perform more skilled operations. Such assistance from the Rest Area Attendant must be at a basic, unskilled level

To reiterate the above information, no Rest Area Attendant shall perform any duties other than what is referenced in the attached job specification.

(l) This Agreement is made in full and final settlement of the issue of payment of earned holiday compensatory time accumulated leave balances to drawbridge/rest area employees who are retiring effective June 1, 1999 under the Special Drawbridge/Rest Area Side Letter of Agreement between the State of Connecticut and the Connecticut Employees Union Independent:

1.      Due to the uniqueness of the situation involving these employees and the special Side Letter of Agreement, and the relatively short period of time these employees had to make their election to retire under the Agreement, the Department of Transportation will compensate the drawbridge and rest area employees retiring effective June 1, 1999 for the full value of their earned holiday compensatory time.

(m)        1.     DOT shall continue to supply and maintain a refrigerator and microwave in each station where these items currently do not exist.

THIS LANGUAGE HAS BEEN IN EFFECT SINCE 1998.

Memorandum of understanding

            Individuals employed by the Connecticut State Historical Commission in the capacity of tour guide at the Newgate Prison, notwithstanding the provision of Article 1 (Recognition) of the NP-2 Contract, shall be considered a part of the Maintenance and Service Bargaining Unit and shall be entitled to the rights and benefits described herein.  Except as specifically limited the provisions of Article 5 (Management Rights) of the NP-2 Contract are incorporated by reference.

1. Union Security:  The provisions of Article 6 of the NP-2 Contract are incorporated herein.

2. Union Rights:  Representation of employees shall be accomplished through the use of staff representatives of the Union or through the use of full-time employees currently designated as stewards.  In matters of contract administration or grievance processing, management shall deal exclusively with said individuals.

3. Working Test Period:  The Working Test Period for job classifications for employees covered by this Memorandum shall be six months or 914 hours.  At any time during the Working Test Period the employer may remove any employee if in the opinion of the employer the Working Test indicates such employee is unable or unwilling to perform his/her duties so as to merit continuation in such position.  Such removal shall be neither grievable nor arbitrable.

4. Seniority:  Seniority shall be defined as length of uninterrupted State service from date of last hire plus war service.  Seniority shall not be computed until after completion of the Working Test Period.  Seniority shall be deemed broken by the termination of employment including resignation, dismissal or retirement; or failure to report to work for three working days without authorization.  Credit for seniority up to a break in service will be restored to an employee who returns to service at the start of the next season following the service break.

5. Layoff:  For purposes of layoff selection of employees, seniority as defined in 4 above shall prevail.  Employees who have not completed their initial Working Test Period shall be laid off first.  Within one year of layoff employees may be recalled to their position in order of seniority.

            The provisions of this section are exclusively applicable to the Newgate facility.  Annual spring startup and fall shutdown of the Newgate facility shall not be governed by the terms of this section.

6. Grievance Procedure:  Employees shall have access to the NP-2 Unit grievance and arbitration machinery.

7. Work Schedules / Seasonal Work Year:  The standard schedule for employees of the Newgate Prison shall be 35 hours per week (Effective 7/4/97 37 ½ hours).

            The seasonal work year shall be determined by the employer but generally may be excepted to fall between May and November of each calendar year.

In the event of a reduction in normal general operating hours, available work hours shall be allocated first to employees in the guide classification.  Summer workers shall not be used to reduce the hours of the guides.  This provision shall be without precedent and shall be confined solely to Newgate Prison operations.

Payment of overtime shall be accomplished in accordance with the Federal Fair Labor Standards Act.

8. Holiday Pay:  Employees required to work July 4th shall, at the end of the seasonal work year receive additional compensation at their straight time rate for hours worked on that day.

9. Compensation and classification:  

    Classification  Structure

    Guide

    Summer Worker Guide 2

            Compensation Structure:

Salary level for the class of Guide shall be governed by the TC and TE rates.

Salary rates for Summer Worker Guide shall be as set forth below.

STEP 1   STEP 2    STEP 3    STEP 4                                 

$6.00    $6.39        $6.78     $7.17

STEP 5  STEP 6     STEP 7    STEP 8

  $7.56    $7.95        $8.34    $8.55

Subsequent adjustment of such schedule shall be governed by the provisions of Article 20 of the NP-2 Agreement.

            Upon completion of 1,827 hours of work employees will be eligible for a step increase.  Determination of step placement shall be determined by the employer with  consideration being given to individual performance and agency funding levels.

10. Group Health Insurance:  Upon completion of 5 consecutive seasons of employment employees will be eligible for participation in the State's group health insurance program.  Participation shall be governed by the appropriate programmatic rules in effect at the time coverage is obtained.

11. Discipline:  No employee who has completed 914 consecutive hours of work shall be demoted, suspended or discharged except for just cause.  A concurrent copy of the written notice of discipline issued to the employee shall be provided the Union.

12. Exemptions:  The provision of this memorandum shall not apply to retired reemployed workers.

13. The provisions of the following articles of the NP-2 contract are incorporated herein:

Article 2                                    Entire Agreement

Article 4                                    No Strikes - No Lockout

Article 60, Section Five               Overpayments

Article 62                                  Legislative Action

Duration:  The term of  this memorandum shall be coterminous with the NP-2 contract.

This language has been in effect since 1996.

Memorandum of Understanding

1. Beginning October 1, 2002 and continuing each year thereafter, the Department of Transportation will post for internal snow and ice assignments for not less than ten (10) calendar days.
2. All Qualified Craft Workers (QCWs) assigned to electrical and bridge facilities within DOT Maintenance Districts shall have the opportunity to voluntarily apply for, and, if applied for, shall receive, said snow and ice assignments.
3. Such vacancies shall be considered Durational DOT Maintainer 4 positions.  These durational positions shall include all duties outlined in the QCW job specification with the addition of a snow and ice control or removal assignment as specified in the DOT Maintainer 4 job specification.
4. All durational DOT Maintainer 4s shall be paid from November 1^st to April 30^th for all time worked including the use of accrued leave as DOT Maintainer 4s as if promoted thereto.  Any increments or bonuses received shall be credited in the salary group designated to QCWs and adjustments, if any, will be made to the salary group designated to DOT Maintainer 4.

This language has been in effect since March 5, 2002.

Memorandum of Understanding

1. All DOT electrical personnel engaged in storm-related support or emergency functions shall receive the snow and ice premium pay outlined in Article 53 of the NP-2 contract.

This language has been in effect since July 1, 2002.

Memorandum of Understanding

DOT Ferry First Mates assigned to road maintenance or snow/ice work shall be paid in the same manner as specified for DOT maintainers under DOT Item 419-Q.

CEUI Negotiating Team

(effective October, 2001)

Jim Blankenship – Southbury Training School

Mike Cooley – DOT

Anthony Frattalone - DOT

Paul Garland – DOT

Margaret Harrelle – Three Rivers CTC

Jeff Janusonis – UCHC

Jim Kowalsky – DOT

Leslie Maddocks – Uconn-Storrs

John Marchese – DOT

Claire Tilley – Uconn-Storrs

Marion Wright – SCSU

Edward Lynch, Esquire

Sarah Miller, Assistant to the President, Chief Negotiator

Julie Paff, Political Director, Assistant Chief Negotiator

CONNECTICUT RIVER FERRY SERVICES

Memorandum of Agreement

Between Department of Transportation and

Connecticut Employees Union Independent (CEUI)

This Agreement concerns the winter work assignments for the staff of the Connecticut River Ferry Services, the undersigned parties hereby agree to the following:

1. The parties agree that winter work assignments are a condition of employment for the staff of the Ferry Service, whose primary job is the operation, care and maintenance of the Connecticut River Ferry service fleet.
2. The parties agree that there are three (3) separate components of the winter work assignment:
   • Snow and Ice assignments that mandate call-in/call-back response to winter storm/icing conditions at designated reporting stations at the General Aviation Airports in the State.
   • Maintenance assignments of a general nature at designated reporting stations at the General Aviation Airports in the State.
   • Maintenance assignments involving general upkeep and rehabilitation of the ferries at their off-season storage/maintenance location or administrative assistance at the State Pier.
3. Each Ferry Captain/Mate not expressly assigned for temporary alternate work assignments at the general aviation airports or on snow and ice call-in will report to the Ferry off-season storage maintenance location for regular workday upkeep and rehabilitation of the boat as assigned.

a.       The availability of staff of the Ferry Services for temporary alternate winter work assignments at the general aviation airports will be determined by the Ferry Services Coordinator (or his/her functional equivalent).

b.       Any such assignment to one of the general aviation airports shall be for legitimate work tasks as determined by the airport manager.

4. Each Ferry Captain/Mate agrees to respond to a designated reporting station for snow and ice call-in/call-back as required by winter storm/icing conditions.

a.       On a rotating basis, two (2) employees, including at least one (1) captain, at each ferry pier shall be excluded from snow and ice call-in/call-back and temporary alternate work assignments at the general aviation airports each year during the winter snow and ice season.  This exclusion and rotating schedule shall be administered yearly to Connecticut River Ferry Services employees on an equitable basis.

5. The Department agrees to grant vacation requests of five (5) days or more to all Ferry personnel during the off-season, provided vacations are pre-scheduled at least two weeks in advance.  Vacation requests of less than five (5) days are subject to supervisory approval as per Article 28 “Vacation” of the NP-2 Contract.
6. The Department agrees to provide background checks, badges and all necessary/essential training to Ferry personnel so as not to violate any state and/or federal regulations.
7. When directed to travel to or from any designated temporary alternate work assignment, the employee shall be provided a State vehicle or, if the employee uses his personal vehicle, shall be reimbursed as provided in Article 57 of the contract between the parties.

a. The parties agree that each Ferry Captain/Mate’s permanent work station is the designated State Pier to which he/she is assigned during the ferry season.

8. This Agreement is written with prejudice and without precedent involving any other dispute between the parties.  It shall not be admissible in any proceeding except to address the winter work assignments of the State of Connecticut River Ferry Services employees.

Signed December 2004

DOT Maintainer 1-2

Stipulated Agreement

In full and final resolution of CEUI class action grievance C-10,342 and C-10,324, the State of Connecticut Department of Transportation (DOT), Office of Labor Relations / Office of Policy and Management (OLR), and the Department of Administrative Services (DAS), hereinafter collectively referred to as the “State” and the Connecticut Employees Union Independent (hereinafter referred to as CEUI) hereby agree to the following:

Part 1

1.       The parties have agreed to change the practice regarding postings and appointment to vacancies in the DOT Maintainer 1 and 2 job classifications as follows.

2.       The parties also agree there will be some vacant positions which are appropriately classified as DOT Maintainer 1 and will not be part of this agreement.  The determination of such positions shall be at the sole discretion of DOT.

3.       On or before August 15, 2005 DOT will post agency wide to solicit and compile a list of current NP-2 DOT Maintainer 2’s seeking a lateral transfer and DOT Maintainer 3’s, 4’s and QCW, Crewleader and Supervisors seeking a demotion to DOT Maintainer 2.  Employees shall submit DOT application (PER-001) no later than August 26, 2005 indicating their first, second and third choice for such location change to DOT Personnel.  Demotions and Transfers will be considered for this process, although at this time there is a dispute over if there is a contractual requirement for demotions implicit in Article 15 of the NP-2 contract.

4.       On or about September 7, 2005 DOT will provide CEUI a list of transfer requests or copies of all transfer requests submitted in accordance with the August 15, 2005 “DOT Maintainer 2 Posting”.

5.       The parties agree that current requirements for appointment, i.e. 15-mile radius from home, special skills needed for certain locations such as the airports and electrical, FAA clearance where applicable, etc. continue to apply to appointment decisions.

6.       On or about September 14, 2005 DOT will provide CEUI with a staffing list indicating the number of desired DOT Maintainer 1 and DOT Maintainer 2 positions that are needed at each work location.

7.       A one time “2005 Work Location Job Fair” (“Job Fair”) shall be held on Friday September 16, 2005 at CEUI Headquarters for all current qualified DOT Maintainer 1’s in positions determined to be at the level of DOT Maintainer 2.  Current DOT Maintainer 1’s with NP-2 contractual re-employment rights choose first, the remaining order of selection will be determined by the NP-2 Contractual seniority rights.  This process may result in employees not getting their preferred selection.

8.       All selected demotions/transfers/promotions will be effective the pay period following the Job Fair.

9.       A transfer as the result of this Job Fair will not count as an employee initiated transfer.  After the Job Fair, any future employee initiated transfers will be handled in accordance with Article 15, Section 2.

10.   DOT Maintainer 1’s who will have completed a minimum of twelve (12) months of service as a DOT Maintainer 1 on or before September 30, 2005 will be reclassified to DOT Maintainer 2’s effective September 30, 2005.  The remaining employees will be identified as “under fill” at the level of DOT Maintainer 1 until they meet the one year anniversary of active employment at which time they will be appointed effective the following pay period to the DOT Maintainer 2 level.

11.   The parties agree that location selections will not violate any previously agreed upon restrictions for employees working together, and such prior agreed restrictions will control the employee’s location selection.

 Part 2

Following the 2005 Work Location Job Fair, for positions determined to be DOT Maintainer 2 the following will take place when a vacancy occurs:

1.       DOT will request refill authority at the level of DOT Maintainer 2.

2.       DOT will post the position in accordance with the NP-2 contract at the level of DOT Maintainer 2 for all eligible NP-2 members.

3.       The selection criteria of Article 14, Vacancies shall be followed.

4.       If the position is not selected by an employee with reemployment rights or by any current NP-2 bargaining unit member, the vacancy may be filled via outside hire at the level of DOT Maintainer 1 utilizing DAS “under fill” authority.

5.       If hired as a DOT Maintainer 1, such newly hired employee shall be reclassified to DOT Maintainer 2 in his/her position (on the pay period following twelve (12) months after initial appointment) at the location currently occupied.  Under these circumstances, there is no posting requirement for reclassification of the affected person.

 CEUI and its members agree not to file or pursue any legal action against the State of Connecticut, its representatives or employees or CEUI, its representatives or employees in any forum as a result of this agreement, except to enforce the terms of this agreement.

 CEUI and its members may enforce Part 1 numbers 4, 6, 8, 9, 10 and Part 2 in its entirety, of this agreement under the grievance and arbitration provisions of the NP-2 contract.

 This Stipulated Agreement is specific to the DOT and the issue addressed and shall not set precedent in any other pending or future dispute between the parties.

 Signed September 2005

CEUI Negotiating Team

Jamie Findley – UConn-Storrs

Margaret Harrelle – Three Rivers CTC

James Jenkins – DOT

Paul Kalajian – UConn-Storrs

Jim Kowalsky – DOT

Chuck LaBella - DOT

Leslie Maddocks – UConn-Storrs

John Marchese – DOT

Ron McLellan – CCSU

Kate Tamborra - DOT

Marion Wright – SCSU

Edward Lynch, Esquire

Sara Pomponi, Assistant to the President, Chief Negotiator

Alexcia Harrison, Political Director, Assistant Chief Negotiator

Barbara Nielsen, Steward Coordinator, Assistant Chief Negotiator 

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