ARTICLE 2
UNION RIGHTS
Section 2.1 - Right of Access
Duly authorized Officials to the Union will be permitted during normal working hours, to enter Employer facilities or be present where City work is being performed for purposes of handling grievances or investigating complaints pursuant to the collective bargaining agreement, observing conditions under which employees are working, meet with employees for these purposes or for the administration of this Agreement. The Union will not abuse this right and such right of entry shall be consistent with current practices, and shall at all times be conducted in a manner so as not to interfere with normal operations. The Employer can establish reasonable rules of access in conformance with the purpose of Section 2.1. By mutual agreement between the Union and the Employer, the Union may call a meeting during working hours to prevent misunderstandings, resolve or clarify a position.
Section 2.2 - Union Stewards
The Union will advise the Employer in writing promptly upon ratification of this Agreement of the names of the Stewards in each department or work location and shall notify the Employer promptly of any changes.
Stewards will be permitted to handle and process grievances referred by employees at the appropriate steps of the grievance procedure during normal hours, without the loss of pay, provided that such activity shall not exceed a reasonable period of time, or unreasonably interrupt the work of employees. Stewards shall notify their immediate supervisors in advance of their intention to handle and process grievances. Supervisors shall not unreasonably withhold permission to the Stewards to engage in such activities.
Union Stewards shall not be discriminated against because of their activities on behalf of the Union; nor shall they be transferred. Union Stewards shall not be detailed from their Bureaus other than in an emergency, unless the Steward agrees. The Union shall cooperate with the Employer to ensure the ability of Stewards to perform the job. In the event of a layoff, all employees acting as Union Stewards shall be the last laid off in the affected job classification.
Section 2.3 - Employees
Employees shall, after giving appropriate notice to their supervisors, be allowed reasonable time-off with pay during working hours to attend hearings and meetings if they are called by and agreed to by the Employer, if such employees are entitled or required to attend because they are Union representatives, stewards, witnesses, or grievants. A designated employee representative shall be permitted to attend grievance step discussions, and arbitrator hearings. An employee who is subject to a proper subpoena shall be granted a leave of absence with pay to attend the hearing provided the employee deposits his subpoena fee with the City Comptroller.
Section 2.4 - Union Business and Activities
Local Union representatives, officials appointed or elected by the Union not to exceed sixteen (16) shall be allowed time off without pay for legitimate Union business, such as Union meetings, Committee and/or board meetings, training sessions, or conferences. Nothing shall prevent an employee from using any accumulated time to cover such absences at the employee's option.
Requests for such time off shall be granted unless an employee's absence would interfere with the operating needs of the Employer, provided that, such requests shall not be unreasonably denied. The employee may, with the written consent of the supervisor, adjust the employee's schedule to permit such attendance.
Local Union representatives not to exceed 16 will be permitted to attend State or International Laborers' and/or Building Trades conventions without a loss in pay for the time spent in route to and from and attending the convention up to three days for one state convention and up to seven days for one national convention. Such time off shall not be detrimental to the employee's record in any way.
Section 2.5 - Union Leave of Absence
The Employer shall grant request for leaves of absence for up to 16 employees for the purpose of service as Laborer Representative or officer with the International, State, District Council or Local Organization of the Union for the duration of his/her appointment to the Union, provided reasonable advance notice in writing is given to the Employer. While on such leave the employee shall not incur a break in continuous service. An employee on said leave of absence shall not be eligible for any benefits as an employee. Such employees may maintain their participation in pension programs including retroactively, provided the employee and/or the Union makes the full contribution.
In the event the Employer hires at one time in excess of 200 additional employees in any one year under a Federal or State grant, an additional employee for each 200 hired, may be granted a temporary leave of absence for the term of such program. Such leave shall not be unreasonably denied. The Union shall, where possible, give the Department Head 30 days' written notice requesting said leave(s). During such Union leave said employees shall continue to accumulate seniority and shall be eligible for and shall receive all benefits as if they were fully on duty, including but not limited to, pension accruals, only if the Union reimburses the Employer for all such employment costs on or before December 31 of each year.
Employees who return from Union leaves of absence shall have the same rights as employees who return from medical leaves of absence.
Section 2.6 - Personnel Transactions
(a) Bargaining Unit Report
The Employer will provide to the Union between the 15th and the 20th of the month a bargaining unit report of current active employees sequenced by:
1. Bargaining Unit
2. Department
3. Payroll Number
4. Title
5. Name
and a separate bargaining unit report sequenced by:
1. Bargaining Unit
2. Department
3. Title
4. Name
Both lists will completely update such information from the previous report and include employee name, address, social security number, dues code, title, pay schedule, grade, current pay rate, status, continuous service date, career service or seasonal seniority, time in title, date of birth, race and sex. The report shall be current to within 20 days of the date provided.
(b) Activity Report
The Employer shall also provide to the Union on a monthly basis a bargaining unit activity report of current active employees that will show:
- Duty Disability
- Career Service Retirements
- Career Service Resignations
- Career Service Discharges
- Non-Career Service Terminations
- Leaves of Absence
- Suspensions
- Reinstatements
- Reappointments
- Transfers (Change of department)
- Transfers (Change of payroll)
- Appointments (which also includes promotions and demotions)
- Death
For new appointments, the report will list employee name, address, social security number, department, payroll number, title code, title description, pay schedule, grade, pay rate, status, date of birth, race and sex.
For transactions involving current employees the report will list name, social security number, department, payroll number, title code, dues code, title description and transaction. The report will also list any changes in the employee's name, address, social security number, department, status, date of birth, race or sex.
Each month the Employer will provide to the Union the current month's bargaining unit activity report and the updated report from the previous month.
(c) Overtime Report
The Employer will provide to the Union by the 20th of each month an overtime report for bargaining unit employees which will provide the following:
- Payroll Period
- Payroll Number
- Employee Number
- Name
- Social Security Number
- Title Code
- Amount of Overtime for Period
- Amount of Overtime Year to Date
(d) PER-14's
The Employer agrees that the Union may review bargaining unit Personnel Transaction Reports (PER-14's) for members of the bargaining unit once a week. The weekly review will be on a day and time agreed upon by the Union and each department. The Union may review bargaining unit Personnel Transaction Reports (PER-14's) and, if desired, make copies upon payment of a $.10 cents per page fee.
For Bargaining Unit (PER-I 4) showing appointments, promotions, discharges, resignations, or retirements, the Union may telephone a designated department representative to request information from such transaction reports. The Employer will make its best efforts to provide the requested information.
(e) Seniority List
The Employer shall submit to the Union annually, beginning 30 days from the execution of this Agreement and on March 15 of each year thereafter, a seniority list for the bargaining unit setting forth the following:
- Department
- Classification
- Name
- Time in Title Date
- Number of Days in Title
- Continuous Service Date
- Status
- Payroll Number
- Social Security Number
Such lists shall be updated to the effective date of any layoff for the classification involved and shall be provided to the Union on the same day as the list is given to the department head or within 2 days of the layoff notice whichever is sooner. Disputes as to the accuracy of such lists may be brought to the Employer's attention by the Union, in writing, and shall be resolved promptly by the Director of Labor Relations.
(f) Personnel Transactions
If the Employer develops any
technical improvement in the collection and/or reporting of information provided
to the Union under this Section (2.6), the Union shall have the advantage
of any such improvement by receiving information and/or reports in the new
or improved form.
(g) Right to Request Information
Nothing provided in this Section shall limit the Union's right to request information regarding a specific dispute or grievance under any other Article of this Agreement, or under the law, for the purpose of administering this Agreement.
Section 2.7 - Bulletin Boards
The employer shall provide bulletin boards or space on bulletin boards at each employer physical site, the number, size and location to be mutually agreed upon by the employer and the union within 90 days after execution of this agreement. Said bulletin boards or space shall be for the sole and exclusive use of the union for union business. All postings required by this agreement shall be on such bulletin boards. Posted material shall not be abusive, inflammatory or of a partisan political nature, but may describe issues involved in hearings or results of hearings. posted material shall be signed and dated prior to posting.
Section 2.8 - Backpay Awards
Whenever an employee shall be
entitled to an award of back pay from an arbitration award or settlement agreement,
a check in the appropriate amount, together with the method of calculation,
shall be forwarded to the Union's designee for distribution to the Employee.
The Union shall deliver said check to the employee within fifteen (15) calendar
days of its receipt. Dues payments, if any, shall be remitted separately.
Such payments to employees shall be made within a reasonable time after the award is received by the Employer, the grievance is settled or the end of the proceeding from which the award is derived, but in no event shall such time for payment exceed sixty (60) days from the end of any period of disputed calculation, unless mutually agreed by the parties.