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