The NEW OSEA Chapter 600 - Lane County Head Start
1.1 This Agreement
shall be effective upon bilateral execution of the parties' authorized representatives,
and shall continue in effect through July 31, 2005.
1.2 If the Association wishes to negotiate a
Successor Agreement, it shall notify
the Agency no later than February 1 of the year the contract is to expire. By
its failure to provide notice as herein provided, the Association shall waive
its right to renegotiate this Agreement
and it shall automatically be extended one (1) year.
1.3 This Agreement
shall not be modified in whole or in part by the parties except by an
instrument, in writing, duly executed by both parties, except the
implementation of this Agreement
shall be subject to available funds.
1.4
Labor-Management
Committee
1.4.1
A Labor-Management Committee shall be established to address
matters as provided herein. Meetings of
the Committee shall be convened once each three (3) months, unless mutually
agreed otherwise by the parties. The
Joint Labor-Management Committee will include a maximum of three (3) Agency
representatives and three (3) Association representatives.
1.4.2
Any party expecting to raise an issue in the next meeting of
the Labor-Management Committee shall forward an agenda title and description of
the item to the other party no less than fifteen (15) days prior to the date of
the meeting.
1.4.3
The purpose of the Committee’s meetings shall be to address
matters of mutual concern to the parties.
Accordingly, the Committee will not discuss grievances. The Committee will not function in place of
the grievance procedure or the negotiation process. Subjects of discussion to
include:
1.4.3.1
Disseminate general information of interest to the parties.
1.4.3.2
Give representatives an opportunity to express their views,
or to make suggestions of subjects of interest to the parties.
1.4.3.3
For any discussion or consensus of matters subject o negotiations
or matters that could influence changes in the current or future labor
contracts, it is understood that
approval processes, for the Association and both the Board and Policy Council,
are required.
1.4.4
The Association representatives shall be released from work
to attend any meetings of the Labor-Management Committee that are scheduled
during said employees’ normal hours of work.
However, said employees shall not be paid by the Agency for the time
they are released from their regular duties to serve as representatives of the
Association.
1.5 The Association and the Agency agree that
all issues were fully bargained by the Agency and the Association during
negotiations for the Agreement. Such
issues include, by way of illustration and not by limitation, workload and all
assignments during the workday and work year.
1.6 The Association and the Agency both
mutually agree that the execution of the Agreement
is in full and final satisfaction of all bargaining demands and obligations
pertaining to all working conditions of members of the Association's bargaining
unit. The parties mutually agree that this executed Agreement is a complete representation of both the subjective and
objective manifestations of the parties and was reviewed carefully prior to the
affixing of signatures. Both parties further agree that this Agreement supersedes all past practices
and that there shall be no legal or quasi-legal challenges to inclusions or
omissions, real or perceived, from this Agreement.
1.7 Nothing in this Agreement that conflicts with state or federal law or regulation
shall be binding upon either party. In the event that any Article in this
Agreement is declared invalid by any
administrative panel or court of competent jurisdiction or is voided by statute
during the term of this labor Agreement,
the parties hereby agree that any such determination, action or legislative
nullification shall apply only to a specific article or part of the article
directly affected. It is further agreed that all other articles shall
remain binding.
Upon timely written notification from either party to the other, the parties
shall enter into negotiations for the purpose of attempting to obtain a
replacement to the text or provision that was invalidated.
Article 2
2.1
The Association shall represent all bargaining unit members
in the Agency within the bargaining unit equally and without
discrimination. The Association agrees
to indemnify, defend, and hold the Agency harmless against any claim, demand,
suit, or liability (monetary or otherwise) arising from any action taken or not
taken by the Association with respect to its duty of fair representation.
2.2
OSEA acknowledges that employees serving as Association
representatives shall normally be provided release time, but such release time
will not be paid for by the Agency.
Article 3
Unit Description
3.1 By certification of the National Labor
Relations Board, the Association is the sole and exclusive bargaining
representative for all employees as defined herein.
3.2 Specifically included in the bargaining
unit are all of the following employees:
3.2.1 All full-time and part-time employees not
otherwise excluded herein.
3.3 Specifically excluded from the bargaining
unit are all of the following employees:
3.3.1 All confidential employees.
3.3.2 All supervisory employees, including all
employees holding the titles of Child Development Consultant, Health Consultant,
Family Services and Mental Health Consultant, Nutrition Consultant, Human
Resources Consultant, and Information Systems Manager.
3.3.3 All program managers.
3.3.4 All temporary employees.
A temporary
employee is one who is to fill a position created for the purpose of completing
a specific task, created for a time certain or for a seasonal purpose. A
temporary employee will be hired for a period not to exceed ninety (90) working
days.
3.3.5
All substitute employees.
A substitute
employee is one who is hired for the purpose of filling a position of an absent
employee.
3.3.6
All volunteers.
3.3.7
Limited Term Employee
Employees
hired to provide assistance to a single social needs child are subject to
dismissal if the child becomes unavailable, leaves the agency, or is judged to
no longer require such assistance, or funds are exhausted.
Article 4
Dues Deduction – Financial Core Implementation
4.1 Employees
covered by this Agreement at the time
it becomes effective and who are members of the Association shall be required
to pay dues to the Association at a rate established by the Association. The Agency agrees to deduct from the wages of
each Association member the dues of the Association. Each such employee on the form provided by
the Association shall submit an annual payroll deduction authorization to the
Agency in writing.
4.2 The Agency
agrees to transmit the dues and fees deducted as provided herein to the Oregon
School Employees Association.
4.3 Financial Core
Fee Authorization Procedures
4.4 At such time as the Association advises
the Agency that an Association
membership vote has adopted a
resolution that all bargaining unit members,
regardless of membership in OSEA,
shall be required to pay either dues or a fair
share fee, the Association may, by
operation of this agreement, assess
members of the bargaining unit either
dues or a fair share fee, consistent with
the provisions of the National Labor
Relations Act.
4.5 In the event
that a “financial core fee” is authorized as provided herein, said financial
core fee shall represent the bona fide cost of representation for members of
the bargaining unit. Financial core fees
that may be assessed pursuant to this Agreement
shall not include the Association’s costs for the following:
4.5.1
Charitable donations or interest-free loans made by the
4.5.2
Political lobbying.
4.5.3
Costs associated with illegal strike activity.
4.5.4
Litigation not involving the negotiation of agreements or
settlement of grievances.
4.5.5
Any other cost determined to be inappropriate by the
National Labor Relations Board or any court of competent jurisdiction.
4.6 In the event
that a “financial core” fee is authorized as provided herein, the Association
certifies that it will provide the following to employees subject to financial
core fee deductions:
4.6.1
A reasonable explanation of the basis of the fee.
4.6.2
A reasonably prompt opportunity to challenge the fee being
assessed.
4.6.3
The holding of disputed amounts in escrow pending resolution
of any challenge.
4.6.4
An impartial determination of any challenge to a fee as
provided herein.
The
Association agrees to hold the Agency, it’s Board members, administrators,
managers and all other agents, individually and collectively, harmless against
any and all claims, suits, orders, or judgments brought against the Agency as a
result of the provisions of this Article.
Article 5
Association Responsibility
5.1
The Association shall represent all employees within the
bargaining unit equally and without discrimination.
5.2
The Association shall provide copies of this Agreement to all employees in the
bargaining unit and to all new employees.
5.3
During the term of this Agreement,
the Association and members of the bargaining unit as individuals or as a group
will not initiate, cause, permit, or participate or join in any strike, work
stoppage, slowdown, picketing, or any other restriction of work.
Employees in the bargaining unit, while acting in the course of their
employment, shall not honor any picket line established by the association or
by any other labor organization when called upon to cross such picket line in
the line of duty. The agency agrees that
it will not lock out bargaining unit employees for the term of this Agreement.
5.4 The Agency
shall provide the Association with reasonable space at the Agency’s
administration building and other facilities where the Agency has posted, as
required by law or regulation, employment-related notices. The Association may place its bulletin boards
adjacent to such regulatory postings.
The Association’s bulletin boards shall be reasonable in size for the
particular space that is available. The
Association may use its bulletin boards to post communications with bargaining
unit members and shall include a statement that its source is the
Association. The Association shall take
assertive steps to assure that the posted material is not defamatory, scurrilous,
untrue or unlawful. The Association shall
also maintain the bulletin boards to assure that the posted material is timely
and neat in appearance.
5.5 Use of Agency Mail:
The Agency shall allow the Association to post notice of
Association-sponsored events on the agency’s electronic portal.
Article 6
Agency Rights
The
Association hereby recognizes the prerogative of the Agency to operate and
manage its service delivery, operations, and responsibilities according to its
determination. As the employer in this contract, the Agency retains all of the
functions, rights, powers or authority not specifically abridged, delegated or
modified by this Agreement. By way of illustration and not by way of
limitation, the Agency shall have the right to:
6.1 Manage and control the Agency’s business,
the equipment, the operations and to direct the working forces and
responsibilities of the employer
6.2 Direct the work of all of its personnel,
determine the number of shifts and hours of work and starting times and
scheduling of all the foregoing. Further, it shall maintain the right to
establish, modify or change any work or business hours or days.
6.3 The right to direct the working forces,
including the right to hire, promote, discipline, suspend and discharge
employees, evaluate employees on the basis of performance and conduct, transfer
employees, assign work or extra duties to employees, create and revise position
descriptions, determine the size of the work force and to lay off employees.
6.4 Determine the services, supplies and equipment
necessary to continue its operations and to determine the methods, schedules
and standards of operation, the means, methods, and processes of carrying on
the work including automation thereof or changes therein, the institution of
new and/or improved methods or changes therein.
6.5 Adopt reasonable rules and regulations.
6.6 Determine the qualifications of employees,
including physical capacities.
6.7 Determine the location or relocation of its
facilities, including the establishment or relocations of new sites, buildings,
departments, divisions or subdivisions thereof and the relocation or closing of
offices, departments, divisions or subdivisions, buildings or other facilities.
6.8 Determine the placement of operations,
production, services, maintenance or distribution of work, and the source of
materials and supplies.
6.9 Determine the financial policies, including
all accounting procedures, and all matters pertaining to public relations.
6.10 Determine the size of the management
organization, its functions, authority, and amount of supervision and table of
organization.
6.11
Determine the policy affecting the selection, training or
testing of employees.
Article 7
Inclement Weather Closure
7.1
It is the responsibility of all bargaining unit members to
report to work if their worksite is in operation. If bargaining unit members are unable to
report for work they must call their supervisor as early as is practicable. Time loss will not be paid but may, at the
bargaining unit member’s option, be covered by paid vacation or personal
holidays.
7.2
If a bargaining unit member’s worksite is closed owing to
inclement weather, the bargaining unit member is obligated to report to the
worksite if or when road conditions allow.
Time lost under such circumstances will, nevertheless, be paid.
7.3 This article
shall automatically sunset upon the expiration of this Agreement unless and until it is included in a bilaterally ratified
contract.
Article 8
Bus Drivers – Assignment and Responsibilities
8.1
A bus driver shall hold his/her regular route(s) from year
to year unless said bus driver chooses to relinquish such route(s).
8.2
Specific job route(s), including those, not taken prior to
the beginning of the school year, shall be posted and made available to bus
drivers. Bidding shall be based on
seniority as defined in this Agreement. The creation of such routes shall be at the
discretion of the Agency.
8.3 The bidding
referenced in Section 8.2 herein will be conducted in accordance with rules
established by the Agency. Bus drivers
may bid at their own discretion or may submit a proxy bid in advance of the
bidding. In the event either of the
above options are not exercised, the Agency may assign routes to the driver at
the Agency’s discretion.
8.4 The Agency may
make minor changes in routes outside the bidding process. Routes that become vacant between bids can be
reconfigured, continued, or discontinued at the discretion of the Agency.
8.5
Should non-transportation work become available current bus
drivers may be given the option of performing those duties at the Agency’s
discretion and in accordance with other terms of this Agreement, if applicable.
8.6 If a bus driver is late or absent without
notification, and he or she is called to
report, the bus driver will accept
any work assigned, as specified herein,
including the remainder of the work
originally assigned.
8.7 Bus Drivers shall be scheduled to work the
two (2) Parent/teacher conference
days.
Article 9
Workweek/Overtime
9.1 For the purpose of this contract, the
workweek for full-year full-time employees shall consist of five consecutive
days. During the school year, the workweek for school year employees
shall, in most cases, consist of five consecutive days. However, it is
recognized that many workweeks in the school year do not contain five days of
work for school year employees.
9.2 Non-exempt employees in the bargaining unit
who have been required to work in excess of forty (40) hours in any week shall
be compensated for each additional said hour at one and one-half times such
employees’ regular rate of pay.
Article 10
Holidays &
Paid Leaves
10.1
Holidays
10.1.1 Eligibility and Rate of Pay
10.1.1.1 Eligibility:
Regular employees are eligible for
holiday pay.
10.1.1.2
A regular
employee must be in a paid status both the day before and after a holiday in
order to be eligible to receive holiday pay during the winter or spring break
periods or during any leave period.
Employees on suspension or summer lay-off are not eligible for paid
holidays during those periods.
10.1.1.3
No holiday pay will be paid while an employee
is drawing disability or injured worker pay.
10.1.1.4
Rate of Pay. A regular employee
shall be paid for the holiday as
though that employee had worked their regular schedule, up to eight (8) hours,
for that day, provided that no employee on a flex schedule shall lose or gain pay
for the week as a result of the holiday.
10.1.1.5
The term "Regular Employee" shall
mean a full-time or part-time employee who is scheduled and works 20 or more
hours per week on a consistent basis.
10.1.2
Scheduled
Holidays
10.1.2.1.1 Head Start of Lane County is not in operation
in recognition of the following Holidays:
New
Year’s Day President’s Day
Memorial
Day Martin Luther
King’s Birthday
Fourth
of July Labor Day
Veterans
Day Christmas Day
Thanksgiving
Day Day after Thanksgiving
10.1.2.1.2 Holidays that fall on Saturday will be
observed on the preceding Friday, and those falling on Sunday will be observed
on the following Monday.
10.1.2.1.3 A paid holiday not worked will not be
credited as a work day for computing overtime.
10.1.2.1.4 Any employee desiring a religious
holiday not listed in this benefit package may request their choice of the
following options.
10.1.2.4.1
Use available personal day or vacation day
10.1.2.4.2 Use
unpaid approved personal leave.
10.2 Personal Days
10.2.1
Eligibility: Regular employees are eligible for personal
days. The number of personal days is
determined by the number of mandatory scheduled weeks in a given fiscal year
(Aug 1 through July 31).
·
15-43 weeks =
1 personal day
·
44-46 weeks =
2 personal days
·
47-49 weeks =
3 personal days
·
50-52 weeks =
4 personal days
10.2.2
Rate of Pay: The daily rate of personal day pay is
calculated by
averaging
the number of hours scheduled to work per week by five (5)
work days (i.e, 35
hours/working 5 days, 35/5 = 7 hours /personal day
pay).
10.2.2.1
Personal day
hours paid during any work week will always be
paid at a straight time rate. Those hours will not be considered in
computing overtime hours worked in that work week.
10.2.3
Scheduling & Use: Personal days may be used for any reason, but
must
be approved in advance by the employee's
direct supervisor.
10.2.3.1
Personal days
may be used by employees who are on approved medical, parental or family
leaves.
10.2.3.2
Personal days
cannot be used when employees are on suspension, summer lay-off, personal leave
without pay, or while receiving injured worker pay.
10.2.3.3
Personal days
must be used in the fiscal year granted.
There will be no carryover of personal days from one fiscal year to
another.
10.2.3.4
Unused
personal days will not be paid at termination.
10.2.3.5
Personal days
will not be available to new hires until after three continuous months of
employment.
Vacation
10.3.1
Eligibility:
Regular employees are eligible for vacation pay. The amount of vacation time available is
determined by the following:
10.3.1.1
Employees
hired on or prior to Dec 1st of the current fiscal
year, Aug 1st
through July 31st , are qualified for 5 days of
paid vacation.
10.3.1.1.1Use of vacation will not be available to new hires
until after three continuous
months of employment
10.3.1.2
Employees
hired after Dec. 1st will not be qualified for
vacation pay the first fiscal year of employment, but will
be
eligible for 10 days of paid vacation the following fiscal
year.
10.3.1.3
Employees who
have completed the first fiscal year and up to 5 years of eligible employment
are qualified for 10 days of paid vacation per fiscal year.
10.3.1.4
Employees who
have completed 5 year or more years of eligible employment are qualified for 15
days of paid vacation.
10.3.1.4.1 Employees who reach the 5 year period prior to the first day
of Spring Break will be awarded the additional days during the current fiscal
year. Employees who reach the 5 year
period on or after the first day of Spring Break will be allotted the
additional days the following fiscal year.
10.3.2 Rate of Vacation Pay:
10.3.2.1
The number of hours of vacation pay allotted is calculated by
averaging the
number of hours scheduled to work per week by
five (5) work days
(i.e. 35hours/week divided by 5 work day = 7
hours
vacation pay per day).
10.3.2.1.1
If an employee
is reclassified to a position with a
reduced or increased hourly
schedule, remaining
vacation hours will be
adjusted accordingly.
10.3.2.2 Vacation hours paid during any workweek will
always be paid at
a
straight time rate. Those hours will not
be considered in
computing
overtime hours worked in that workweek.
10.3.3 Scheduling and Use of Vacation:
10.3.3.1
All employees
scheduled for Winter and/or Spring Break lay-off may not use vacation hours
outside of Winter or Spring Break lay-off, unless they have vacation hours in
excess of Winter and Spring Break periods.
If there is a special need for these employees to utilize vacation pay
outside of the Winter and/or Spring lay-off periods, they must submit a written
request to the Program Director or designee.
Approval of such request is at the sole discretion of the Agency. The request must be in writing and a minimum
of one month in advance, or if an emergency, as soon as possible. Other employees shall be eligible to use
vacation hours available to them any time during the fiscal year (with
exceptions as stipulated below) with advance written notification and subject
to the approval of the supervisor. Vacation
requests during pre-service, in-service, and at the beginning of a school year,
Aug. through Sept. are highly discouraged.
10.3.3.2 Use of vacation hours available to
employees who are on
approved medical, OFLA, or FMLA leave after
exhaustion of
available sick leave, will be acknowledged
by the employee at
the time of the application for leave.
10.3.3.3
Vacation hours
cannot be used when employees are on
suspension, summer lay-off,
personal leave without pay, or
while receiving injured worker
pay.
10.3.3.4
Twelve (12)
month employees who become ill while on vacation, and furnish a written
doctor's opinion obtained during the eligible leave days, shall be allowed to
charge that time to their accrued sick leave.
All other employees who become ill while on vacation will not be allowed
to charge that time to their accrued sick leave, but will be required to charge
the hours to their vacation as per the agreement when they left on vacation.
10.3.3.5
Vacation hours
must be used in the fiscal year granted.
There will be no carryover of vacation hours from one fiscal year to
another.
10.3.3.6
Employees who
terminate shall be entitled to receive vacation pay if eligible, not to exceed
the unused vacation hours at the following rates:
· First year - 1/2 day per month worked (max 5 days)
· 2nd year
up to 5 years - 1 day per month worked (max 10 days)
· Greater than 5 years - 1 1/2 days per month worked (max 15
days)
If
hours worked in partial months equal or exceeds 10 work days then an additional
month will be credited.
10.4
Sick Leave
10.4.1
Sick leave is provided by Head Start for the purpose of
protecting income for employees who because of illness or accident are
temporarily absent from work. Employees
who are required to care for immediate family members who are sick or injured
may also use sick leave. Immediate
family members are defined as Wife, husband, son, daughter, mother, father,
brother, sister, grandparents, grandchildren, partner sharing a home, or a
relative by marriage of comparable degree (in-laws).
10.4.1.1
Eligibility
10.4.1.1.1 All regular employees are eligible for sick
leave
10.4.1.1.2 Temporary/substitute employees are not so
eligible.
10.4.1.2 Amount
10.4.1.2.1
Regular employees
earn sick leave at the rate of .046 hour for each non-overtime hour
while in a paid status.
10.4.1.3
Accrual
10.4.1.3.1 Sick leave accrues and can be carried
forward indefinitely, except that an
employee’s sick leave accrual cannot exceed 240 hours.
10.4.1.3.2 All sick leave hours accrued by an
employee are lost to the employee upon termination of employment at Head Start
of Lane County.
10.4.1.3.3 An employee does not accrue sick leave
while on suspension, summer lay off, or leave without pay.
10.4.1.3.4
If an employee
exhausts the sick leave accrual, the employee has two options:
10.4.1.3.4.1.1
Use vacation pay or personal days
10.4.1.3.4.1.2
Use leave without pay, upon approval of unpaid leave.
10.4.2
Sick Leave
Bank
10.4.2.1
Sick leave bank shall not exceed 50 (full time equivalent)
days per year. The first 50 people who
contribute one (1) day per person will fill the bank.
10.4.2.2
The sick leave bank shall only be used by those eligible for
and applying for Short-Term Disability. Bank usage is limited to 5 days maximum
during the two week waiting period for Short-Term Disability and cannot be
taken in less than half day increments.
10.4.2.3
Applicants requesting use of the sick leave bank are not
required to belong to the bank by having made a contribution to the bank.
10.5
Family Leave
10.5.1
Bargaining unit members shall be entitled to Family Leave as
provided under applicable state (OFLA) and federal (FMLA) law. At the time such leave is requested, the
employee shall give notice to the Agency under which law said leave is being
requested. The Agency reserves the right
to require medical certification to support a request leave provided under this
section. As provided by law, the Agency may require the use of available paid
vacation or sick leave and may determine the order in which paid leave is to be
used.
10.6
Leave for Jury
Duty
10.6.1
Eligibility
10.6.1.1
All regular employees are eligible for paid leave for jury
duty upon submission of a jury summons to the Human Resources Manager.
10.6.2 Rate of Pay
10.6.1.2 An employee on
jury duty will be compensated at the employee’s regular rate of pay, while required
to be present by the court.
10.6.1.3 If an employee
takes paid leave for jury duty, that employee is expected to sign over to Head
Start of Lane County any reimbursement the employee receives for that jury
service.
10.6.3 Reporting to Work
10.6.3.1 Employees released from jury duty before the
end of their shift are expected to report to work that day. A supervisor may make an exception for an
employee working in one city and serving on a jury in another city.
10.6.4 Excuse from Jury Duty -Employees called to jury duty will be expected
to serve as jurors during the periods for which they are
summoned.
However, excuse from jury duty may
be requested for an employee when
the absence of the employee for a
prolonged period of time will have an
unusually adverse effect upon the
Agency, or when, in the opinion of the
Agency, the nature of the
employee's assignment is such that it is
impossible to provide an adequate
substitute.
10.7
Funeral Leave
(Bereavement)
10.7.1
Eligibility
10.7.1.2 All regular
employees are eligible for bereavement leave.
10.7.1.3 Temporary/Substitute
employees are not so eligible.
10.7.2
Extent
10.7.2.2 Death of an immediate
family member in Oregon qualifies an employee for three days of paid leave to
attend the funeral. Immediate family
member defined as wife, husband, son daughter, mother, father, brother, sister,
grandparents, partner sharing a home, or a relative by marriage of comparable
degree (in-laws).
10.7.2.3 Death of an
immediate family member in another state (or in another country) qualifies an
employee for five days of paid leave to attend the funeral). Immediate family
member defined same as 10.7.2.1.
10.7.2.4 “Days” for the
purpose of this subsection shall be prorated to the employee’s regular
assignment (excluding overtime) for the day on which the funeral leave is
approved.
10.7.3
Limitation
10.7.3.2 A regular
employee is entitled to use bereavement leave two times per program year.
Article 11
Salary
11.2
For the 2003 –
2004 fiscal year, the wage increase will be a 1.5% across-the-board increase
for all bargaining unit members. The
format for this wage increase will be as in previous years – no schedule – a
simple increase in each eligible employee’s wage rate.
11.3
The Agency
shall implement Option 2 on Pay Ranges with Steps, as presented by
Norris
Consulting Group, Inc. on the condition that the step increase in the second
year of the contract, and subsequent years, shall depend on bargaining, thereby
requiring that the Agency Board shall determine the needs of the agency and
declare whether funds are available.
Wage increases subject to implementation of Option 2 shall be retroactive
to Aug 1, 2003. Contract step increases
shall not be status quo. (see Attachment A,
Option 2 , Pay Ranges with Steps)
11.4 Wages for 2004-05 are subject to Interim Bargaining.
Article 12
Insurance
12.1 The Insurance plan for employees subject to
this Agreement shall be as follows:
12.1.1 Employee only medical insurance.
12.1.2 Employee only dental insurance.
12.1.3 Employee only life insurance.
12.2 Insurance programs listed in Section 12.1
above shall be those offered as of the date this Agreement is executed or as otherwise agreed to by the parties.
12.3 For each employee who is regularly scheduled
to work and who actually works twenty (20) or more hours per week for a minimum
of three (3) continuous months, the Agency shall remit each month the following
amounts towards the premiums of the insurance programs as provided herein:
2003/2004__360.67 2004/2005 (subject to interim
bargaining)
Any premium amount over the amounts provided herein will be paid in full by employee
through payroll deduction.
The agency shall self insure the cost
of the insurance deductible for the six (6) Florence employees up to the sum of
$250.00 for each employee for the current (Providence Medical) health plan.
12.4 The Agency shall provide each employee with
short term disability insurance coverage. Said insurance coverage shall
provide no less than the following:
12.4.1 Coverage shall commence after fifteen working
days of approved absence for illness or injury
12.4.2 Coverage shall provide no less than 50% of the
employee’s normal earnings prior to the period of absence.
12.4.3 Coverage shall be provided for up to thirteen
(13) weeks in the event the employee is not released by a licensed physician to
return to his/her regular duties.
12.5
Employees newly hired by the Agency shall be eligible for
Agency-paid insurance premiums upon acceptance of written application by the
insurance carriers on the first day of the month following the month on which
the employee became eligible as provided in Section 12.3 herein.
12.6
The Agency agrees to provide the above-mentioned benefit
programs within the underwriting rules and regulations as set forth by the
carrier(s) in the Master Contract held by the policyholder.
12.7 Employees separated from employment with the
Agency shall have benefits terminated upon the end of the month in which the
separation occurred.
12.8 Within sixty (60) calendar days after the
execution of this Agreement, the
parties shall establish a Joint benefit Review Committee consisting of two (2)
representatives of the Agency and two (2) representatives of the
Association. The Joint Benefit Review Committee may meet for the purpose
of adjusting insurance programs and benefits to reduce costs. Any such adjustments shall become effective
upon consensus of the committee's members.
Without consensus the existing coverage shall remain in effect.
12.9
Upon notification to the Agency from the Association on or
before March 1 of each year during the term of the Agreement, the Agency’s contribution towards the cost of premiums
as provided in Section 12.3 herein shall be subject to “reopener
negotiations.”
12.10 After
consulting with the Joint Benefit Review committee, giving weight to their
recommendation, the agency shall
select the carrier.
Article 13
Seniority
13.1
For all members of the bargaining unit hired before the date
of bilateral ratification of this Agreement,
seniority shall be computed from the date of hire with the Agency computed from
the employee’s most recent hire. For all
members of the bargaining unit hired on or after the date of bilateral
ratification of this Agreement,
seniority shall be computed from the first day of actual service within the
bargaining unit computed from the employee’s most recent hire.
13.2
Seniority shall not continue to accrue for any bargaining
unit member who is promoted to a supervisory, management or confidential
position. However, neither shall such a
promotion vacate any such seniority.
13.3
Employees who are hired into a bargaining unit position or
who are promoted to a new classification within the bargaining unit shall be
subject to a probationary period of six (6) months of continuous employment in
said work. Newly hired probationary
employees may be suspended or discharged at the discretion of the Agency
without recourse to the grievance procedure contained in this agreement. Newly promoted employees shall be subject to
the provisions of Article 13.4.
13.4
Any bargaining unit member who is promoted and thereafter
does not successfully complete the promotional probationary period as provided
in Section 13.3 herein owing to his/her performance in the promoted position,
may, upon written request submitted to the Agency’s Human Resources Consultant
or designee, return to his/her former position.
13.5
The employer shall develop and maintain a list showing the
seniority placement of all employees in the bargaining unit. This list will be updated annually no later
than November 15th of each year.
A copy of the annual list as referenced herein shall be furnished to the
Association president within fourteen (14) calendar days after it has been
completed by the Agency. Unless the
Association communicates an objection within fourteen (14) days after it was
provided to the Association president, the seniority list will be considered
complete and accurate. Any challenge to
the annual seniority list must be timely and submitted in writing to the Agency’s
Human Resources Consultant or designee specifying where the list is inaccurate
or incomplete.
Article 14
Reduction in
Force/Recall
14.1 This article does not apply to separation
from employment that occurs owing to the Summer Recess, Winter Break or Spring
Break.
14.2
Layoff
14.2.1 The Agency may
lay off any employee(s) because of a lack of funds, curtailment of work, change
in organization or other reasons as determined by the Agency. The order of layoff shall be based on
considerations of assignment, qualifications, and seniority.
14.2.2 Seniority
shall be as defined in Article 13 of this Agreement.
14.2.3 Qualifications
shall be as determined by the Agency.
14.2.4 Assignment
shall refer to a discrete work site.
14.2.5 An employee who
is laid off will remain on the layoff list and be eligible for recall for a
period not to exceed one hundred eighty (180) calendar days from the date of
the notice of layoff.
14.2.6 Unless
otherwise provided herein, the Association and the affected employee shall be
notified in writing of a pending layoff no less than fourteen (14) calendar
days prior to the planned effective date of the layoff.
14.2.7 Any employee
being affected by a layoff may “bump” into another position within the same
classification where the incumbent has the least seniority and has less
seniority than the employee originally affected by the layoff or the laid off
employee may “bump” back into a previously held classification provided they
hold greater seniority than the least senior employee being bumped. An employee “bumping” into a position shall
be compensated at the wage rate for the classification of the position to which
he/she is “bumped.” The employee must be
qualified to perform the duties of the position to which the employee is bumped. An employee exercising his/her bumping rights
shall give at least seven (7) calendar days notice to the employer in writing
within the fourteen (14) day period prior to the planned effective date. Any employee being affected by bumping will
be given notice of layoff as soon as possible.
14.3
Recall
14.3.1 Employees
shall remain on the active recall list for one hundred eighty (180) days.
14.3.2 In recalling
employees, the employer shall notify the employee by registered mail addressed
to the employee’s last address filed with the employer. The employee shall indicate acceptance of the
position with seven (7) calendar days after the notice was posted and shall
report for work within fourteen (14) calendar days after said notice of recall
was posted unless otherwise directed by the Agency. An employee failing to respond to recall
notice as provided herein shall forfeit all recall rights.
14.3.3 Whenever a
vacancy occurs in a classification from which employees have been laid off, the
most senior qualified employee affected shall be recalled to fill the
vacancy. Employees on the recall list
shall be eligible for recall in reverse order of layoff to any position that
becomes vacant for which the individual is qualified as determined by the
employer.
14.3.4 If an employee
on layoff status, who prior to layoff held a full-time position, accepts a
part-time position the employee shall remain on the recall list until such time
as the employee is restored to a full-time position in his/her original
classification or for one hundred eighty (180) days, whichever is sooner.
Article 15
Personnel
Files
15.1 The Agency agrees to permit each bargaining
unit member an examination of his/her personnel file upon by submitting a
written request to the Personnel Office no less than twenty-four (24) hours in
advance of such inspection. Each inspection shall take place in a private
location provided by the Agency during the normal business hours of the
Agency’s Personnel Office.
15.2 The Agency may require that such inspection
and examination take place in the presence of an Agency designated agent.
15.3 Content of Personnel File. An employee’s personnel file shall be
maintained by the Human Resources Department.
The employee’s file shall not have any written reprimand, notice of
suspension, return to work agreement, demotion or notice of dismissal that is
delivered to the employee subsequent to the bilateral ratification of this Agreement that does not bear that
employee’s signature or initials indicating that the employee has been shown the
material, or a statement by a supervisor that the employee has been shown the
material and that the employee has refused to sign or initial such
information. An employee shall have the
right to attach a written statement of explanation to any material placed in
his/her file which the employee believes to be incorrect or derogatory. All documents which are used to discipline an
employee must be in the personnel file.
Article 16
Discipline
16.1
No employee shall be disciplined in writing without just cause.
Article 17
Grievance Procedure
17.1
The parties will endeavor to resolve grievance disputes at
the lowest level. However, nothing in
this procedure shall be operative or construed to cause either party to agree
to any proffered settlement or resolution that may be proffered by the other
party or by a neutral involved in the process.
17.2
Definitions:
17.2.1 A grievance, for the purpose of this
contract, is defined as an alleged violation of the expressed terms of this Agreement which is submitted by an individual
bargaining unit member or by the Association on behalf of an identified
bargaining unit member. For purposes of
this Agreement, a grievance shall be
perfected when it is written, dated, and submitted by or on behalf of a member
of the bargaining unit.
17.2.2 A “class action” grievance may be submitted by the Association. In such circumstances the Association shall
be designated as the Grievant of Record.
A class action grievance shall be perfected when it is written, dated,
identifies each of the individuals by name who the Grievant of Record asserts
are members of the affected class, and submitted in accordance herewith.
17.2.3 The term “days” referred to under the deadlines
of this article shall be days that the Agency administrative office is open.
17.2.4 The “aggrieved Person” is the person,
persons, or Association making the claim.
17.2.5 The ”Party of Interest” is the Association
making the claim, any person who might be required to take action or against
whom action might be taken in order to resolve the claim, or the Executive
Director or his/her designee.
17.2.6 A “Representative” is anyone, including an
attorney, expert, consultant, or adviser that a Party in Interest may choose to
speak for and/or advise and/or assist a Party in Interest.
17.2.7 An “Immediate Supervisor” is the person
having direct supervisory oversight of the duties and responsibilities of the
Aggrieved Person.
17.3
Levels
17.3.1 Level One
The grievance will first be
discussed with the immediate supervisor or other administrator who has
jurisdiction of the matter. The
grievance shall describe the alleged violation of the Agreement or concern, identify the term(s) of the Agreement that have allegedly been
violated and specify the specific relief or remedy which will resolve the
matter. An Association Representative
may be present for the purposes of assuring that any adjustment to the
grievance is not inconsistent with the terms of the Agreement.
17.3.2 Level Two
If the grievance is not resolved
as a result of the Level 1 discussion referenced herein, it may be formally
presented, in writing, to the immediate supervisor or other administrator who
has jurisdiction of the matter. A
grievance not submitted within fifteen (15) days following the act or condition
which is the basis of the dispute shall be considered withdrawn with
prejudice. The grievance shall set forth
the specific terms of the Agreement
upon which the dispute is based, specific remedy sought and the reasons why the
Level 1 discussion is being rejected as a means to resolve the dispute. The immediate supervisor or other
administrator who has jurisdiction of the matter shall communicate his/her
decision, in writing, within fifteen (15) days.
17.3.3 Level Three
Within five (5) days of the
receipt of the disposition rendered by the immediate supervisor or other
administrator who has jurisdiction of the matter, the grievance, if it has not
been resolved with the Level 2 disposition, may be appealed, in writing, to the
Program Director, Administrative Manager or the designated representative of
same. A grievance not appealed within
five (5) days following the Level 2 disposition shall be considered moot. The grievance shall set forth the specific
terms of the Agreement upon which the
dispute is based, specific remedy sought and the reasons why the Level 2
disposition is being rejected as a means to resolve the dispute. The Program Director, Administrative Manager,
or other administrator who has jurisdiction of the matter shall communicate
his/her decision, in writing within fifteen (15) days. Within five (5) days of the receipt of the
decision rendered by the Program Director, Administrative Manger, or other
administrator who has jurisdiction of the matter, the grievant, if he/she is
not satisfied with the decision, may appeal in writing to the Executive
Director or the designated representative of same or the Policy Council,
whichever is appropriate as provided herein.
17.3.4 Appeals to the Executive Director
17.3.4.1
Appeals to the Executive Director or his/her representative
shall normally be heard within fifteen (15) days of his/her receipt of the
appeal.
17.3.4.2
Within fifteen (15) days of hearing the appeal, the
Executive Director or his/her representative shall communicate his/her written
decision. Unless otherwise provided
herein, the decision of the Executive Director shall be final and binding
unless appealed as provided herein no later than fifteen (15) calendar days
after the date of the written decision.
17.3.4.3
In matters of suspension or dismissal the determination of
the grievance shall be made by the Personnel Committee of the Policy
Council. At its discretion, the
Personnel Committee of the Policy Council may conduct a hearing or receive a
statement and arguments on the dispute.
If a hearing is to be conducted, the Policy Council will notify the
official parties of a hearing to be held within ten (10) days of the appeal.
17.3.4.4
Within thirty (30) days following the date on which the
written statements and arguments are due to be submitted or after the hearing
if one is conducted, the Personnel Committee of the Policy Council shall render
a decision in writing to all official parties.
The decision of the Personnel Committee of the Policy Council is final
and binding unless appealed as provided herein no later than fifteen (15)
calendar days after the date of the written decision.
17.3.5 Binding Arbitration
17.3.5.1
If the grievant is not satisfied with the Level 4 decision,
the Association may submit the matter to arbitration. To perfect an appeal to this level, the
Association shall so notify the Agency in writing within fifteen (15) calendar
days from the date of the Level 4 decision, and shall request a list of
arbitrators from the Employment Relations Board.
17.3.5.2
If the parties cannot mutually agree on an arbitrator from
the list submitted, they shall alternately strike the name of an arbitrator
from the list until one (1) name remains.
The Association shall strike first.
17.3.5.3
In the conduct of the hearing, the parties shall be bound by
the rules of the American Arbitration Association, except that they may
mutually agree to be bound by expedited American Arbitration Association
rules. The arbitrator shall also be
bound by the rules of the American Arbitration Association in conducting the
hearing and rendering his/her decision, provided that he/she shall not have the
power or authority to amend, modify, alter, add to or subtract from this Agreement. The arbitrator shall be without authority to
substitute his/her judgment for that of the Agency’s in any matter not
specifically contracted away by a provision of this Agreement.
17.3.5.4
The arbitrator’s decision shall be in writing and shall set
forth the findings of fact, reasoning and conclusions on the issues submitted.
17.3.5.5
A lawful decision of the arbitrator within his/her authority
shall be final and binding on the parties.
17.3.5.6
The arbitrator’s fees shall be borne equally by the parties.
Article 18
Vacancies and Postings
18.1 Job
vacancy postings will include the job title, work site, pay grade, hours, work
year, basic qualifications and any current special position responsibilities
and limitations on the duration of the position, if any.
18.1.2 The agency will post a notice
of all job openings for bargaining unit
positions on the portal, and
send a copy to all sites to be posted.
Further,
the agency shall forward
a copy of each vacancy to the President of the
Association. The notices will be posted for five (5)
working days prior to
the date the applications are no
longer accepted.
18.1.3 All members of
the bargaining unit who meet the minimum qualifications may apply for a posted
position.
18.1.4 The selection
committee will be used to interview and recommend candidates for half-time to
full-time positions. The Agency will
make reasonable efforts to include at least one bargaining unit member to serve
on the selection committee.
18.1.5 A bargaining
unit member not selected or granted an interview may request the hiring
authority provide an explanation of why he or she was not interviewed or
offered a position.
Article 19
FIRST AID/CPR TRAINING
19.1
Head Start of
Lane County (Agency) agrees to provide first aid/CPR training leading to
certification for Head Start employees when required by law, rule, regulation
or as otherwise directed by the Agency.
19.2
New hired
employees may be required to have such certification at their expense or to
obtain it within 30 calendar days after hire at their own expense as a
condition of employment. Subsequent to
hire, the agency shall provide for training as provided in Section 1 above.
19.3
Employees who
fail or refuse to obtain first aid/CPR training as required by law, rule,
regulation or as otherwise directed by the Agency shall be considered to have
constructively resigned their position at Head Start of Lane County.
Article 20
Drug and Alcohol Policy
The Agency believes that we
have a responsibility to our employees, volunteers, the families and children for
whom we provide service and the general public to ensure a healthy environment
and safe operating and working conditions.
To satisfy these responsibilities, we must establish a work environment
where employees are free from the effects of drugs, alcohol, or other impairing
substances. Accordingly the agency has
adopted this drug and alcohol policy.
20.1 The following conditions and
activities are expressly prohibited:
A. The manufacture, or sale, or
use or possession of alcohol, any controlled or illegal substance (except
strictly in accordance with medical authorization) or any other substances
which impair job performance or pose a hazard, when use or possession occurs on
our premises or property, or during an employee’s paid work hours.
B. Reporting for work having consumed alcohol or used illegal drugs or
controlled substances at a time, or in such quantities, or in a manner that may
impair work performance. For purposes of
this policy, having any detectable level of alcohol or an illegal or controlled
drug in one's system while covered by this policy will be considered to be a
violation.
The appropriate use of
legally prescribed drugs is not prohibited, however, the use of any substance which
carries a warning label that indicates that mental functioning, motor skills,
or judgment may be adversely affected shall be reported to supervisory
personnel and medical advice shall be sought, as appropriate, before performing
work-related duties.
C. Failure
to notify the Executive Director or Human Resources Manager of any convictions
for a drug or alcohol violation occurring at the work place within five (5)
days of the conviction will result in immediate termination. The Director or
Human Resources Manager will notify Region X of any drug or alcohol conviction
occurring at the work place within ten (10) days of the conviction.
20.2 Testing
A. Pre-Employment - The agency may test for drugs at any time during the hiring
process, including before and after the employee receives a conditional offer
of employment. At the current time the
agency requires pre-employment drug testing for all Bus Drivers, Food Service
Workers and Facilities Assistants.
Applicants who fail the test or fail to report to the appropriate site
at the time specified will not be hired.
B. Reasonable
Suspicion -When
the agency has "reasonable suspicion" that an employee is in
violation of this policy, the employee may be required to submit to testing to
determine the presence or use of any involvement with alcohol or drugs. The Agency strongly recommends that any
employee who observes, or is informed, and who has a reasonable suspicion that
the impaired work ability of another employee exists due to drugs or alcohol,
or observes another employee in the use or possession of drugs or alcohol,
shall immediately notify that employee's supervisor.
1. For purposes of this policy
"reasonable suspicion" is defined as:
a. Reasonable specific
contemporaneous, articulable observation made by a supervisor concerning
appearance, behavior, speech or body odors indicative of employee use of drugs
or alcohol, such as erratic job performance that includes slurred speech and/or
stumbling or
b. Repeated patterns of
absenteeism, tardiness, workplace conflicts and or anger outbursts or
c. An eye-witness report to a supervisor of an
employee's use or
possession of drugs or alcohol or
d. Involvement in a significant work-related
accident, etc.
2. Alcohol and/or drug testing
may be authorized, only after observations
resulting in reasonable suspicion and
after consultation with a substance
abuse professional from the EAP, during
the period of work hours that the
employee is required to be in compliance
with this policy, or within 15
minutes before or after work hours, or
anytime an employee is on agency
property.
3. A written record shall be
made of the observations leading to a reasonable suspicion drug or alcohol test
and signed by the supervisor making the observations within 24 hours. Only a supervisor trained by a Substance Abuse
Professional from the EAP may refer the employee to be tested.
4. The agency will ensure that
the employee under reasonable suspicion is transported to the designated
collection or testing site.
5. Failure to give consent to
such drug and alcohol testing, failure to provide samples, or contaminating or
tampering with the test sample, will be grounds for discipline up to and
including termination.
C. Post
Accident - Any
employee involved in a significant work-related accident or incident that
causes injury to any employee, including subject employee, or causes property
damage, shall notify that employee's supervisor or designee no later than two
hours, or as soon as practicable, following the accident. Drug and alcohol testing shall occur as soon
as practicable, considering the need for medical care for the persons injured,
including the employee, following the accident.
The agency will ensure that the employee is transported to the
designated testing site. Failure to give
consent to such drug testing or alcohol testing, failure to provide samples, or
contaminating or tampering with the test sample, shall be grounds for
discipline up to and including termination.
1. The employee will notify
their supervisor or designee no later than two hours
or as soon as practicable following the
accident.
2. The employee shall remain
readily available for testing and failure to do so
will be treated as a refusal to test.
However it is understood that this
requirement shall not be construed to
hinder or delay necessary medical care
for persons injured, including the
employee, following an accident.
3. Drug and
alcohol testing will occur as soon as is practicable.
4. The agency will ensure that
the employee is transported to the designated
collection or testing site.
5. Failure to give consent to
such drug and alcohol testing, failure to provide
samples, or contaminating or tampering
with the test sample, will be grounds
for discipline up to and including
termination.
D. Return to Duty Testing - Employees, if
they continue employment after having tested positive shall comply with the
following:
1. If the tests are positive and if a leave of
absence for rehabilitation is granted,
an employee will be required to participate in all recommended
continuing care and work rehabilitation programs as determined by the EAP. Upon successful completion of all or part of
these required programs the employee may be released to resume work, but must
agree to reasonable suspicion and random, unannounced testing for up to 24
months after being returned to work. A
specimen that fails the tests of integrity (specific gravity, etc.) will result
in the employee's immediate suspension until an acceptable specimen is
produced. Any additional testing
required after a "failed integrity" will be at the employee's expense. Positive results on any employer requested
test after return to work will result in discharge.
*This also applies to
transportation employees (bus drivers)
when engaged in non-bus driving duties.
E. Drug and alcohol collection and testing
procedures - will be performed by certified laboratory (by Department of
Health and Human Services/Substance Abuse & Mental Health Services
Administration) medical technologists/technicians as designated by the
agency.
1. Drug Testing - The employee
will provide at the designated laboratory a urine sample. A "split sample" is collected and
initial testing is performed on one specimen.
a. Retest - Employees may request a split specimen retest
within 72 hours of being notified of a positive drug test result. Re-testing costs will be at the employee's
expense and time.
2 Alcohol Testing - The employee will submit to a blood or breath
alcohol test at the designated facility.
If there is any level of alcohol detected, a second confirmation test is
administered at least 15 minutes but no longer than 20 minutes after the
initial test.
F. CDL Drivers (Bus Drivers) - In addition
to this Drug and Alcohol Policy, this classification of employees is required
to adhere to additional testing and rules as Federally mandated. See "Drug and Alcohol Testing for
Transportation Personnel".
20.3 Consequences of Drug and Alcohol Policy
Violation
A. Employees
who violate this policy and have a positive test for an illegal drug or
controlled substance or alcohol may be disciplined up to and including
termination. *This also applies to
transportation employees (bus drivers) when engaged in non-bus driving duties.
B. Employees
who violate this policy will be suspended with pay pending the results of drug
or alcohol testing.
1.
If the results are negative, the agency will immediately return the
employee
to work.
2. If the results are positive,
the employee may be offered the Opportunity, at
the agencies discretion, to sign a
"Last Chance/Return to Work Agreement"
and meet with an SAP (see below) or be
subject to discipline up to and
including termination. Refusal to sign a "Last Chance/Return to
Work
Agreement" and or failure to complete
the assessment and treatment
recommendations
of the SAP will result in termination.
Leave to attend treatment shall be unpaid leave.
a. SAP - as referred in this policy means
· Licensed physicians with knowledge of and clinical
experience in the diagnosis and treatment of alcohol-related disorders.
· Licensed or certified psychologists, social workers
or employee assistance professionals with like knowledge or
· Alcohol and drug abuse counselors certified by the
national Association of Alcoholism and Drug Abuse Counselors (NAADAC). This does not include state-certified
counselors
3. Employees choosing to participate in an assessment and treatment
program must cooperate with the SAP and follow the recommendations in order to
return to work, including follow up alcohol and drug testing. The employee is required to authorize
disclosure of information, from the SAP to the agency, throughout the duration
of the treatment plan, regarding adherence with treatment recommendations. If the employee refuses to sign such consent
or revokes previously signed consent they will be considered to have failed to
complete the assessment and treatment plan.
4. Employee insurance benefits, if available, may cover some of the
costs for assessment and treatment for eligible employees however costs not
covered by insurance are the sole responsibility of the employee.
20.4 Employee Education and Assistance
A The
agency will provide education and information on the effects of drug use and
alcohol misuse on an individual's health, work and personal life, and also
signs and symptoms of an alcohol or drug problem. Information regarding treatment and
assistance programs available in the community will also be provided.
B Any
employee who voluntarily requests assistance in dealing with a personal drug/or
alcohol problem may do so through the Employee Assistance Program without
jeopardizing their employment as long as this assistance is sought before work
performance has deteriorated or disciplinary problems have begun.
1. The Employee Assistance
Program's substance abuse professionals (SAP) will determine what assistance
the employee needs in resolving problems associated with drug use and alcohol
misuse. This determination will not be
interpreted to require the agency to provide or pay for any treatment or
rehabilitation costs.
2. If the employee is diagnosed
as alcoholic or drug dependent by a physician and it is determined by the SAP
there is need for additional treatment the agency may grant up to twelve weeks
of unpaid leave for such treatment. Sick
leave if available may also be used for this purpose.
20.5 Confidentiality and Record
Retention
A. To
ensure effective enforcement and confidentiality, the agency is to maintain
records of alcohol and /or drug use prevention programs in a secure location
with controlled access. The (room,
cabinet or computer control access password) shall be locked. This information will be kept separate from
personnel records. The agency will only
release employee records as directed by specific written consent of the
employee authorizing release to an identified person and/or agency.
B. The
agency will retain employee records with positive drug test results for a
minimum of five years, as well as documentation of refusals to test,
evaluations and referrals, which records shall be removed at the request of the
employee or former employee at the end of such five years. The agency will retain for a minimum of two
years any records related to the testing process (except equipment calibration
documentation) and training, which records shall be removed at the request of
the employee or former employee at the end of such two years.
C. Drug
test results will not be released without the written authorization of the
tested individual other than EAP personnel and designated Agency officials.
D. All
records in regard to drug testing and/or communication with the employee in
regard to alcohol/drug use and/or rehabilitation will not be part of the
employee's personnel file. Such records
will be stored separately.
E. The
agency will not release an employee's rehabilitation or alcohol/drug test
records to a subsequent employer unless
employee gives written authorization for such release.