COLLECTIVE

BARGAINING

AGREEMENT

between

FRANKLIN COUNTY

and

AMERICAN FEDERATION OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES, AFL-CIO
DISTRICT COUNCIL 89

January

1, 2012 - December 31, 2015

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 ARTICLE 2

RECOGNITION

UNION SECURITY
NO STRIKE - NO LOCKOUT MANAGEMENT RIGHTS

ARTICLE 3
ARTICLE 4

ARTICLE 5
ARTICLE 6 ARTICLE 7

HOURS OF WORK AND OVERTIME
SENIORITY - PROBATIONARY PERIOD

PROMOTIONS AND FILLING OF VACANCIES WITHIN
CLASS IFICATIONS
LAYOFFS HOLIDAYS VACATION

ARTICLE 8
ARTICLE 9

ARTICLE 10
ARTICLE 11 ARTICLE 12 ARTICLE 13
ARTICLE 14

SICK LEAVE

PERSONAL LEAVE DAYS
PERSONAL LEAVES OF ABSENCE

JOB SECURITY
FUNERAL LEAVE

ARTICLE 15
ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22
ARTICLE 23 ARTICLE 24

WORK-RELATED DISABILITY

JURY DUTY
NON-DISCRIMINATION

UNION BUSINESS
GENERAL PROVISIONS PERSONNEL FILE
UNIFORMS

GRIE VANCE PROCEDURE WAGES AND BENEFITS
LEGALITY SEPARABILITY HEADINGS

ARTICLE 25
ARTICLE 26

ARTICLE 27 ARTICLE 28
ARTICLE 29

GENDER AND NUMBER
DURATION

PREAMBLE

WHEREAS,

it is the intent and purpose of the parties hereto to promote harmonious and

cooperative relationships, the Board of Commissioners and Union agree that this overall policy

may be best accomplished by negotiating in good faith and entering into written agreements evidencing the result of such negotiations and by establishing procedures to provide for the
protection of the rights of the Prison Board and its employees and to insure to the public orderly
and uninterrupted services.

ARTICLE 1
RECOGNITION

County Commissioners), hereinafter referred to as the ` County,' pursuant to Section 606 of the Public Employee Relations Act Number 195 and in
Section 1: The

County

of

Franklin ( Franklin

accordance with certification by the Pennsylvania Labor Relations Board, Case Number PERAR- 6708- C,
Employees,

hereby

recognizes

the

American

Federation
referred

of

State,
as

County and Municipal
as the exclusive

Council

89,

AFL- CIO,

hereinafter

to

Union,"

representatives for purposes of collective bargaining with respect to wages, hours and other
terms and conditions of employment..

Section 2: This agreement covers those employees encompassed within the certification referred

to in Section 1 of this Article, to wit: Correctional Officers and Correctional Sergeant. The term
employee,"

when used in this agreement, refers to those employees regularly scheduled twenty

20) or more hours per week encompassed within the classification of the certification referred to

in Section 1 of this Article. Excluded from the Union' s bargaining unit are all part- time
employees
employees,

regularly

scheduled

less than twenty ( 20) hours per week, all management level
supervisors, confidential,

supervisors,

first- level

and

professional

employees

as

defined in Act 195.
Section

3:

Probationary employees are eligible to be represented by the Union for any

contractual violation, with the exception of Article 14 ( Job Security).
Section 4: In the event a part-time employee is hired into a permanent full-time position within

the classification in which he/ she is currently working, he/ she shall receive one ( 1) day of credit

towards satisfying his/her probationary period for each one ( 1) day of work completed during the
immediately preceding five ( 5) month period.

ARTICLE 2

UNION SECURITY date has joined the Union

Section 1:

Any

employee who, on

the

effective

of

this

agreement,

or

who joins the Union in the future must remain a member for the duration of this agreement with

the provision that any such employee may resign from the Union during a period of fifteen ( 15)
days
prior

to

the

expiration

date

of

this

agreement.

The employee shall send a letter of

resignation to his department head, as well as a copy to Union headquarters. The payment of

dues and assessments uniformly requested of the membership shall be the only requisite
employment condition.

The County Commissioners agree to dues deduction with the provision that an employee will not be required to join the Union and pay the dues deduction. However, when an employee does sign a dues deduction authorization card, he/ she will be obligated to pay dues for
Section 2:

the duration of the agreement with the right to withdraw from the Union as a dues paying member fifteen ( 15) days prior to the termination of this agreement. Union dues will be deducted from the employees' base salary only.

The Union will provide to the County Commissioners newly signed dues deduction cards, and all

cards presented by those who sign said cards will be honored. Dues deduction cards for all
employees hired will be honored after the employee is regularly scheduled to work twenty ( 20)
or more hours per week. Fair Share will be deducted as of date of hire.

Section 3: Any employee who fails to fulfill his obligation under this Article shall be discharged
by
the

County

within

thirty (

30) days after receipt of written notice to the County from the

Union.

Section 4: The Union shall indemnify and hold the County harmless against any and all claims, suits, orders, or judgments brought or issued against the County as a result of any action arising out of or resulting from the provisions of this Article.

Section 5: The County and the Union hereby agree that all non-members of the Union shall be
subject to a fair share fee as provided for in Act 15 of 1993 and any amendments thereto.

The County further agrees to deduct a fair share fee bi-weekly from all employees in the unit
who are not members of the Union.

Authorization from non- members to deduct fair share fees shall not be required. The amounts to

be deducted shall be certified to the County by the Union, and the aggregate deductions of all
employees shall be remitted together with an itemized statement to the Union.

Section 6: The Employer agrees to deduct voluntary contributions to the Union' s political action committee. The Employer shall make such deductions only in accordance with the written authorization of an Employee, which shall specify the amount of the deductions. The Employer shall continue to make such deductions until notified by the Union, in writing, to cease making
such deductions for any Employee.

Section 7: The Employer shall transmit the monies deducted by the payroll deductions to the Union' s political action committee, including the name, address, social security number and the
amount of

money deducted from

each

Employee

per each payroll.

All

political action committee

deductions shall be on a check separate and apart from Union dues.

Section 8: The Union shall indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the Employer as a result of any

action taken or not taken by the Employer pursuant to the provisions of Article 2.

ARTICLE 3

NO STRIKE - NO LOCKOUT

Section 1: It is understood and agreed that there shall be no strike, as that term is defined under the Public Employee Relations Act Number 195, during the life of this agreement, nor shall any
officer, representative or official of the Union authorize, assist or encourage any such strike

during the life of this agreement.

Section 2: The County reserves the right to immediately discharge any employee or employees
who violate the provisions of this Article.

Section 3: The County will not engage in any lockout during the life of this agreement.
ARTICLE 4 MANAGEMENT RIGHTS

Except as expressly limited by the County Code, other relevant statutes and codes, and municipal home rule charters or provisions of this agreement, and reserving unto the County all

management rights which by law may not be bargainable, the County shall have and retain,

solely and exclusively, all other managerial responsibilities which shall include, but not be
limited to, the right to determine the mission, purposes, objectives and policies of the County; to establish, amend or modify an overall budget, to control and regulate the use of machinery,

equipment and other property of the County; to determine the number and types of employees
required and to assign work to such employees in accordance with the operational needs of the

County; and to direct the work force, except as expressly modified or restricted by a specific
provision of this agreement.

Further,

all

inherent

managerial

rights,

management

functions, and prerogatives which the

County has not expressly modified or restricted by a specific provision of this agreement are
retained and vested exclusively in the County.

ARTICLE 5

HOURS OF WORK AND OVERTIME

Section 1: The regular hours of work for any shift shall be consecutive, except that they may be
interrupted

by

a

lunch break

or rest

break.

Section 2:
A.

All Jail employees' work week shall consist of any five ( 5) consecutive days in a seven 7) day period, subject to subsection D below.
The work shift for Correctional Officers shall be: the first shift ( 6: 15 a. m. to 2: 30 p.m.),
the
second shift(

B.

2: 15 p. m. to 10: 30 p. m.)
consist of

and the third shift ( 10: 15 p.m. to 6: 30 a.m.).

C.

The

work-

day

shall

schedule.

The

work-

day

shall

hours in a pre- established work any twenty- four ( 24) hours consist of eight hours and fifteen minutes ( 8'/ 4)

within a work-day.
D.
A
work

schedule

showing the

employees'

work-days and hours shall be posted on

applicable bulletin boards. Except for emergencies, changes in work schedules will be posted five ( 5) days in advance. Any new general schedule changes of a lasting nature
shall be subject to a meet and discuss prior to implementation.
E.

Individual work shift times may be changed at the discretion of the Warden to establish
different
shifts

to

staff peak

program

times. Two ( 2)

weeks notice will be given to

employees prior to change of shift times and such positions shall be subject to bid.
time and one- half(

Section 3: All

employees covered

in this

agreement shall receive

1 - 1/ 2) their

regular rate of pay, or, if mutually agreed, receive compensatory time off, for all hours worked in
excess of eight hours and fifteen minutes ( 81/4) in any work day and in excess of forty-one hours and fifteen minutes ( 41'/ 4) for any work week. Said compensatory time off shall be scheduled
and utilized within ninety ( 90) days from the date it is earned.
Section 4: Overtime Procedures for Correctional Officers and Shift Supervisors

Policy: It shall be the policy of the Franklin County Prison that overtime be distributed as equitably as practical between correctional employees. The Warden shall meet and discuss
overtime practices with the Executive Board of District Council 89 from time to time in order to
resolve any issues that arise concerning overtime procedures.
Definitions:

A.

Volunteer Overtime whenever possible.

An agreement by the employee to willingly work overtime

B.

Mandated Overtime -

Overtime assigned to the least senior employee on duty to fill a

post vacated by illness, or other reasons.
C.

Emergency

Overtime - Overtime

worked as a result of an

emergency

at

the

prison.

Procedures:

A.

An overtime card file will be established, according to seniority, front to back containing
all of the names of uniformed officers. This card file will be maintained throughout the
year to equalize overtime.

B.

Step

One.

Each roll call, the Shift Commander will post a sign-up sheet for any

volunteers for possible overtime needed for the following shift. When overtime is needed on a following shift, the Shift Commander will first exhaust this sign- up sheet to fill the
open overtime slots. If overtime is still needed the Shift Commander will announce to all

officers working the current shift that volunteers are still needed. If no one volunteers for
the upcoming overtime or there is more overtime needed compared to volunteers, the
Shift Commander will move to step two.

Step

Two.

All officers that are not working or are in between shifts that want to work

voluntary overtime will express their interest by calling in 4 hours prior to the beginning
of each shift. The Shift Commander will document the officer' s name and place them in
the appropriate overtime post. If there is no overtime available when the officer calls, the

Shift Commander will still document the officer' s name, and if/ when overtime does
occur the Shift Commander will then call the officer that called via the telephone

document. If several officers call in to volunteer for a particular shift, the most senior

officer will be awarded the overtime post. If an officer works the majority of a shift of

voluntary overtime, the officer' s mandation card will move to the back of the file, immediately following that shift. The majority of the shift being defined a four ( 4) or
more hours.

Note: Officers are only authorized to call in for one shift. Officers cannot call in and d
volunteer

for

2nd

and

3`

shift for the next two days. This will not be accepted. If an

Officer volunteers for a shift, and wants to volunteer for a following shift, the officer
must call in at the appropriate time to do so.

Step

If overtime is still needed to cover a following shift, the Shift Commander will move to the third and final step which will be the mandating of current officers. Any employee who works voluntary or mandated overtime for four ( 4) or more hours should
Three.

have their mandation card moved to the back of the file. This process will be used until

the vacant position( s) is/ are filled, if possible, with a volunteer. Mandatory overtime may

be assigned only after all efforts to fill a vacant position from the volunteer list have been
exhausted.

C.

Any employee who works voluntary or mandated overtime for four ( 4) or more hours
should have their mandation card moved to the back of the file. This process will be used

until the vacant position( s) is/are filled, if possible with a volunteer. Mandatory overtime

may be assigned only after all efforts to fill a vacant position from the volunteer list has
been
exhausted.

D.

Overtime for the purpose of equalizing overtime is defined as: That overtime that is SCHEDULED to replace staff shortage resulting from the use of sick leave, or the absence of employees as approved by a member of the administration, or special assignments. Overtime of a short nature resulting from shift duty assignments ( i. e.; report
writing, processing,
etc.)

will not affect the overtime card file.

E.

No employee shall HANDLE the overtime cards except the Shift Supervisor or Acting
Shift Supervisor.

Anyone caught tampering with the card file will be subject to

disciplinary action, from a letter of reprimand to suspension without pay. Should there be
a complaint from an employee, the Shift Supervisor and either the Union President, Vice President, or Chief Steward will view the card file to determine if the complaint is valid.

The Deputy of Operations will be consulted prior to any attempt to resolve an employee' s complaint. The overtime card file is not to be opened by anyone EXCEPT WHEN
NECESSARY TO CONTACT STAFF FOR OVERTIME AND WHEN NECESSARY
TO CHECK THE FILE TO RESOLVE A COMPLAINT.
F.

Once an employee agrees to work overtime, any intent not to work the overtime must be made known to the shift supervisor/acting shift supervisor just as stipulated in the process for calling off sick. Employees shall not make their own arrangements for coverage by
another employee. Emergencies that impact on a person' s intentions to work overtime

may be an exception, if verified.
G. Employees who call in sick on the date scheduled to work overtime shall present

certification from a doctor to substantiate the absence. If certification is provided, the absence will not be held against the employee in regards to the overtime procedure. If
certification is not provided, the occurrence shall count as the FIRST such occurrence,
and
all other
such

occurrences

shall

count

as

the

second,

third,

etc.

The

second

occurrence shall result in the employee' s card being marked as not being available for overtime for a ninety ( 90) day period, followed by a letter of reprimand. The card
remains

The third and any subsequent occurrences will result in more severe disciplinary action being taken.
place
regardless

in

of

any

action

taken.

H.

Employees

on

scheduled

leave (

vacation,

personal,

etc.)

are not to be contacted or

marked refusal if contacted. For example: A person is scheduled for a vacation day

followed by two relief days and another vacation day will not be contacted, nor, given a
refusal

if contacted. The file

card shall

be

marked

leave ( vacation,

personal sick, etc.) and

rotated to the rear of the card file. The same procedure shall be followed for the employee

that has called in sick the day prior to relief days, or is on extended sick leave; the file
card shall be marked sick leave and rotated to the rear of the card file.
I.

An employee working overtime may not be mandated to work additional hours, nor, may
an employee who has worked a double shift be mandated to work a third tour of duty.

J.

Mandatory Overtime:
1. A list
shall

be

maintained,

by

seniority,

of all employees and

mandatory

overtime

shall be assigned to the employee on duty with the LEAST seniority, who has not had a mandatory overtime assignment since the date of the person with more

seniority. Once an employee has been assigned overtime on a mandatory basis,
such employee may not be assigned mandatory overtime until all other
employees, that are on duty, have been assigned mandatory overtime.
2.

No employee will be credited with having worked a Mandated Overtime until that

employee has worked the majority of the shift for which the employee was mandated. The majority of the shift being defined as four( 4) or more hours.
3.

Refusals to work mandated overtime are accumulative during the life of any contract agreement between the County and the Union and will result in the following disciplinary action:
a.

First Occurrence— no action taken
Second Occurrence— One

b.
C.

Third Occurrence— Three Fourth

d.
e.

( 1) day suspension ( 3) day suspension Occurrence— ten ( 10) day suspension

Fifth Occurrence- Consideration for termination from employment

4.

Mandatory overtime can not be ordered unless the:
a.

voluntary overtime list has been exhausted,
there will be less than the minimum amount of staff working the oncoming
shift.

b.

5.

Minimum staffing for each shift will be posted by the Deputy of Operations.

Section 5: Training and holiday time shall be counted towards the computation of overtime.
Section 6: All employees shall be required to perform any and all temporarily assigned duties, regardless of their usual or customary duties or job assignment, on a non- discriminatory basis. A temporary transfer shall not exceed forty- five ( 45) working days at the warden' s discretion,

1) to fill a vacancy caused by an employee being on sick or other approved leave of 2) to provide vacation relief scheduling; ( 3) to fill an opening temporarily pending permanent filling of such opening; or ( 4) to meet an emergency situation when an employee is temporarily transferred to another job classification:
except: ( absence; (

A.

If the rate of pay for such other classification is lower than his regular rate, he shall
receive his regular rate.

B.

If the rate of pay for such other classification is higher than his regular rate, he shall
receive

the higher

rate.

Section 7: If an employee is required to work beyond his regular quitting time, he shall be
afforded the same meal period that falls within that shift at the scheduled meal time for that shift.

Section 8: Any employee called to perform the duties of a correctional officer ( not to include training, meetings or scheduled activities) shall be paid for a minimum of three ( 3) hours at the
appropriate rate of pay. Every attempt will be made to meet with employees on their regularly
scheduled shift.

Section 9: Except in cases of emergency or when a job must be completed, any employee who is required to work beyond his regular quitting time into the next shift shall receive a fifteen ( 15) minute rest period without loss of pay scheduled at the discretion of the shift supervisor.
Section 10: No one shall work more than sixteen hours and fifteen minutes ( 16'/ 4) or have less

than seven hours and forty-five minutes ( 73/4) off between shifts. As an exception, in the event of an emergency of unusual circumstances such as heavy snow, inmate disturbances, and other emergencies which adversely affects the facility' s staffing, could necessitate working longer
hours; employees could be mandated to work a third tour of duty.

Section 11: If, during non-working hours, an employee is requested to standby to appear as a
witness in court connected with the performance of his work, the employee shall be compensated

at the appropriate rate of pay from the call time of the subpoena until dismissed or replace that
day off at a mutually agreed on time.

Section 12: Trading relief days within the shift is permissible. However, all days off must be in the same two- week pay period. The shift supervisor must approve any relief day trades and the
employees involved must agree in writing that the employees are voluntarily working for another officer and that there will be no overtime created because a person works more than forty-one
hours and fifteen minutes ( 41'/ 4) in one week, or more than eight hours and fifteen minutes ( 8 '/ 4).
Once an agreement is made, approved, and one officer works as scheduled, the other officer must

work as scheduled. Failure to report as scheduled will result in disciplinary action against the

individual that does not show up for duty as scheduled.

Trading from shift to shift that results in staff working a sixteen hour and fifteen minute ( 16'/ 4)

day may be done only as follows: Work schedules for both employees involved must be in the
same two- week pay period and both shift supervisors must approve the arrangements.

Any employee failing to work or report for work will be disciplined by not being permitted to
utilize

this

article

for

one- hundred

and

eighty (

180) days for the first offense. Any subsequent

offense will result in the employee not being able to utilize this section for the remainder of the
contract.

An employee can be contacted to work overtime when off on an exchange day.

When evaluating employees times to determine overtime, schedules will be looked at as though no trades occurred. Trading shifts or relief days will not generate overtime for working more
than

forty- one

hours

and

fifteen

minutes (

41'/

4)

in

a week or more

than

eight

hours

and

fifteen

minutes ( 8'/ a) in a day. If the employee' s schedules are evaluated as though the trades did not
occur, and overtime is applicable, it shall be paid at the appropriate rate of pay as per Section 3
of this Article.

The following will be the disciplinary schedule used for an employee who is late for a trade day
in addition to the tardiness provision of this collective bargaining agreement):
o

First Occurrence Second Occurrence Third Occurrence
Fourth Occurrence

No additional action

o

60 day suspension of trading privileges 180 day suspension of trading 365 day suspension of trading
Suspension of trading for the duration of this contract

o

o

o

Fifth Occurrence

ARTICLE 6
SENIORITY - PROBATIONARY PERIOD

Section l:

Seniority shall be jail-wide and shall be defined as the length of an employee' s

continuous service with the Prison. Length of continuous service shall be computed from the

date of hiring, subject, however, to the following provisions:
A.

An employee' s continuous service shall be broken so that no prior period or periods of

employment shall be counted and his rights to seniority shall cease upon the following:
1.

Voluntary termination of his employment.
Discharge for just cause.

2. 3.
4.

Absence due to sickness or accident disability during probationary period.
When recalled after layoff, upon his failure to return to work within a period of

days after employee has received notification by certified mail to so return; provided, however, if the employee notifies the County within the said five
five ( 5)

5) day period that he is not immediately available for work, he shall be retained
on such list for a period of thirty ( 30) days. The County may, at its discretion, grant an extension. The County agrees to notify the Union of any such extensions
and the reason( s) for same.
5.
Layoffs in
employee

excess

of one (

1)

year.

For layoffs

of

less than

one (

1)

year,

an

shall

be

credited with all

time up to and

including

the date the layoff

commenced; however, no seniority shall accrue during the period an employee is
on layoff.
B.

When an employee whose continuous service has been broken by any of the above causes is again hired, he shall begin as a new employee of the County.

C.

New full-time employees shall be regarded as probationary employees for the first six
months of their employment and shall not be entitled to seniority during that period.

Upon completion of this period of six months, the seniority of such employees, if retained, shall be effective as of the date of their hire. Probationary employees who have 3 call offs during their probationary period shall be dismissed from employment.
D.

Medical benefits will start at the first of the month following the successful completion of
an employees first three- months. All other benefits will start after the completion of an
employees' six-month probationary period.

E.

Absence due to sickness or accident disability or other approved leave of absence shall
not constitute an interruption of continuous service.

Section 2: The names of all new employees subject to qualifications specified by Article I,

Section 2 shall be furnished to the Union within the first thirty ( 30) days after the employee is
hired.
Section 3:

The County shall post on applicable bulletin board a seniority list showing the

classification and length of continuous service of each employee covered by this agreement and

shall be updated as necessary. A copy of said list will also be furnished to the Union.
Section 4: Union stewards and officers shall have super seniority for purposes of layoff only.
The order shall be the chair officers first, then stewards.)

Section 5: Every attempt shall be made to grant shift preferences to fill permanent vacancies on a
seniority basis.
Section 6: For
all purposes under

this

agreement,

seniority ties ( i. e., two ( 2) or more employees

having the same seniority date) shall be resolved by utilizing the individual' s social security
number. Seniority shall be awarded to the individual with the highest social security number, as determined starting with the first digit.

ARTICLE 7

PROMOTIONS AND FILLING OF VACANCIES WITHIN CLASSIFICATIONS
Section 1:
The
promotional

test

and

the

percentage (

if any) assigned to those tests will be

determined by the County and included on the vacancy notification. When a vacancy exists, the

County will post a notice of intent to promote, and employees that wish to apply for the vacant
position shall

do

so

in writing. Interviews

will

be

conducted

by

staff as assigned

by

the

warden.

Selection will be based upon scores compiled by the Interview Board. The employee selected

must establish the ability to perform the job during the first forty-five ( 45) days after having assumed the position or opt to return, or be returned, by the County to the formally held position,
without loss of seniority.

Section 2: Posting and Filling of Non- Sergeant Vacancies. When a vacancy occurs ( other than

for temporary transfers) in the bargaining unit, the County will post notice of such vacancy for a
period of five (5) days. The County will notify employees on leave of any vacancy.
Within ten ( 10) days from the end of posting period, the County agrees to award the position to

the most senior employee in the bargaining unit who bids on the position and who possesses the necessary qualifications, skills and abilities to perform the job. The employee must establish that he can perform the job during the first thirty (3 0) working days after having assumed the position or opt to return or be returned by the County to his former job without loss of seniority.
Employees who wish to apply for the vacancy shall do so in writing. The County and the Union discourage the costly practice of indiscriminate bidding for individual convenience or temporary
advantage.

Filling of sergeant vacancies within classification. When a vacancy within the classification occurs ( other than for temporary transfers) in the bargaining unit, the county will post notice of such vacancy for a period of at least five ( 5) days. The county will notify employees on leave of any vacancy. Within five ( 5) days from the end of the posting period, the

Section 3:

county agrees to award the position to the most senior employee in the bargaining unit who bids
on the position and who possesses the necessary qualifications, skills and abilities to perform the

job. The County and the Union discourage the costly practice in indiscriminate bidding for
individual convenience or temporary advantage.

Section 4: Nothing in this agreement shall be construed to mean that the County is obligated to
assign a job or give a trial period to any applicant who is not qualified. Further, the County retains the sole discretion to fill or abolish any positions.

Section 5: The County shall either abolish or fill a vacant position within forty-five ( 45) days of
its occurrence ( except for temporary vacancies). Section 6: If determined feasible by the County, when a temporary vacancy exists for a period of thirty ( 30) days or more, resulting from an approved leave of absence, full-time employees
within the classification who prefer to work on the shift where the temporary vacancy exists shall
be permitted to transfer to said shift until the regular employee returns to work.

ARTICLE 8
LAYOFFS

Section 1: When, in the sole opinion of the County, it is necessary to reduce the working force of

the County, employees who have not completed their probationary period shall be laid off first.
Section 2:

Employees shall be given a minimum of two ( 2) weeks advance written notice the

circumstances that make the layoff necessary. Section 3: Layoffs shall be in the inverse order of seniority.
Section 4: Employees shall be recalled in the reverse order of layoff to the positions for positions

for which they qualify.

Section 5: In all cases of layoff, an employee scheduled for layoff has the right to apply for, and shall be eligible in accordance with the seniority provision for, any job in his own classification

series which is occupied by an employee with less seniority, provided the senior employee has
the
skill and

ability to do the remaining job( s).

This procedure shall be referred to as " bumping."

Section 6: In the event an employee is laid off, he may, upon request, receive payment for earned, but unused, vacation no later than thirty (30) days after layoff.
Section 7: The term " classification series" as used herein shall be defined as encompassing the normal progression of increased responsibility such as Correctional Officer to Shift Supervisor.
Section 8: In the event an employee' s position is abolished, the affected employee shall be

retained on a County recall list for a period of one ( 1) year. The County agrees to mail a vacancy announcement to any employee who is qualified to fill such vacancy in accordance with the
requirements of Article 7, Promotions and Transfers, hereof, or, the Union may grieve if the

County fails to mail a vacancy announcement to any employee who is qualified to fill such vacancy in accordance with the requirements of said Article or fails to adhere to the procedure requirements of bidding on vacancies as requested under Article 7, Section 4.

ARTICLE 9
HOLIDAYS

Section 1: The following will be observed as paid holidays for all employees covered in this agreement and will be celebrated on the day on which the holiday occurs except for the 2
Christmas Holidays which will be celebrated on the day determined by the County for other County employees: New Year' s Day Election Day Good Friday Veterans' Day Memorial Day Thanksgiving Day Independence Day Day after Thanksgiving
Labor

Day

Christmas Holidays ( 2 days)

If the county

adopts an additional

holiday

for

all

County

employees

as

described in the

County

Personnel Policies of April, 2003, the Union shall have the option to add the declared holiday or one personal day under Article 12.

Section 2: Holiday leave shall be granted only during the calendar year in which the employee
becomes entitled to it and shall be observed on the day it occurs.

a

Section 3: Employees required to work on any of the holidays specified in Section 1 will receive total of two and one- half (2 '/ 2) times their regular rate of pay for all hours worked on said

holiday. An employee may, at his option, request time off in lieu of holiday pay for working on a designated holiday listed in Section 1 above. The scheduling of said time shall be mutually agreed upon by the employee and the Warden. The scheduling of time off in lieu of holiday pay
will be within 3 months of the holiday worked. Employees shall be paid at the appropriate rate of

pay if three ( 3) months expires and the employee has not used the time off in lieu of holiday pay.
Section 4: Any employee who begins his work shift on the holiday shall be considered to have worked on said holiday. The employee must work four ( 4) or more hours of said shift to be
eligible for holiday pay.

Section 5: When one of the holidays specified in Section 1 is observed during an employee' s vacation, he shall be entitled to one ( 1) additional day of holiday.

Section 6: Any employee on sick leave on a holiday shall only be paid 8 hours if they have sick
leave accrued.

Section 7: if the County adopts an additional Holiday for all County employees as described in the County Personnel Policies of January, 1995, the Union shall have the option to add the
declared Holiday or one personal day under Article 12.

ARTICLE 10
VACATION

The County agrees to maintain the vacation policy throughout the term of this agreement as set forth below. Employees shall be credited for vacation time starting from the date they are placed on full-time status by the Salary Board.
A. B. C. 0- 1 Years 1- 5 Years 6 Years
7 Years
of

Section 1:

Service - 5 Vacation Days Service - 10 Vacation Days

of

of
of

Service
Service

11 Vacation Days
12 Vacation Days 13 Vacation Days

8 Years 9 Years

of
of

Service

Service
Service Service

14 Vacation Days 15 Vacation Days
16 Vacation Days

10 Years
11 Years

of

of

12 Years

of of of of

Service

17 Vacation Days 18 Vacation Days
19 Vacation Days
20 Vacation Days 20 Vacation Days

13 Years
14 Years

Service
Service Service
of

15 Years

15 Plus Years

Service

Section 2: Vacation time shall be earned on a bi-weekly basis for a total of 5 days during the first
year of full-time employment status from the date of benefits probation status. Vacation shall be earned at the rate as per the schedule stated above for each full, 12- month period beginning and
ending
on

the

employee' s

individual anniversary date

when

benefits

were

received.

Each

additional vacation day will be credited to the employee on his/ her anniversary date of
completion of benefits probation.

Section 3: The posting period for vacation shall be December of the preceding year in which
vacations shall be taken. During this period, vacations shall be selected in accordance with

departmental seniority. Employees may only schedule the amount of vacation that they will have
in the next year. Once vacations are selected during the period, no employee can be displaced by
another employee. However, after December 31, when two ( 2) or more employees request the

same period and the County must limit the number of employees on the vacation, the most senior employee( s) shall be given preference. Vacation days will be awarded no more than 10 days prior to the requested day.

Section 4: If an employee is required to work during his/her vacation period and is unable to reschedule his/ her vacation during the year when he becomes entitled to it, because of the
demands of work or when an employee becomes seriously ill preventing a scheduled vacation,
then the
employee

shall

be

given

ninety ( 90) days into the next calendar year in which to

reschedule said vacation period.

Section 5: Vacation leave may be taken in one ( 1) day amounts as long as the employee gives a
one (

1)

week notice to his supervisor and provided that such request conforms with Section 3

above.

Vacation leave may be taken in four ( 4) hour increments as long as the employee gives twentyfour( 24) hour notice to his/her supervisor and provided that such request is approved by the shift
supervisor.

Eight ( 8)

hour blocks of leave, i. e. vacation, personal days and holidays, will

supersede all other

hour( s). This is not for use in Article 10, Section 3.

Section 6: Any employee whose employment terminates shall receive pay for all earned but
unused vacation

days up to

a

maximum of

fifteen ( 15)

days. This section shall not apply to

employees who voluntarily terminate their employment without two ( 2) weeks written notice to
the County.

Section 7: Rate of vacation pay shall be the employee' s regular rate of pay in effect for the
employee' s regular

job

on

the pay

day immediately

proceeding the

employee' s vacation period.

Section 8: An employee may carry over a maximum of five ( 5) unused vacation days to the following calendar year so long as the total accrual does not exceed thirty ( 30) days.
ARTICLE 11 SICK LEAVE

Section 1:

A.

Full-time employees covered herein shall be granted ten ( 10) days of sick leave annually.

Annual sick leave shall be earned at the rate of 1 day on the 15th of every month, except the months of June and December, in which the employee will not receive any days.

Current employees may accumulate sick leave up to a maximum of seventy- five ( 75)
days. Employees hired after the effective date of the Interest Arbitration Award may

accumulate sick leave up to a maximum of fifty (50) days.
B.

Sick leave shall be granted when an employee is required to be absent from work because
of:

1.

Illness of employee.

2.

Contact with or exposure to a contagious disease rendering the employee' s
presence hazardous to fellow employees and residents of the prison.

3.

Illness of a family member residing in the same household as employee.

discretion

Section 2: Sick days in excess of sixty ( 60) days may be purchased by the employer, at the of the employee, at a rate of fifty percent ( 50%) per day. Purchased sick days will be

calculated at the employee' s regular rate of pay.

Section 3: Effective January 1, 2013, the following rules shall apply for an employee' s use of
sick leave, absent days and/ or an employee' s unauthorized absence. Prior to January 1, 2013, the
parties shall follow the rules set forth in the prior CBA.
1.

Employees with a documented life threatening illness will not be given an occurrence" for non-paid days off, provided they have a doctor' s excuse for
the absence.

The County shall develop a form to be utilized for submission to the employee' s
physician that must be completed and signed by the employee' s physician, to
be submitted to the Warden for review and consideration.
2.

Any other non- compensatory time off, including, but not limited to, failure to
Report on time for a scheduled shift or leaving work prior to completion of A scheduled shift, as calculated by a rolling twelve ( 12) month period, other
Than
a

leave

of absence as per

Article 13

or approved

time off under the

FMLA, will be counted as an occurrence according to the schedule set forth
Below.

Absences Consecutive days

Occurences

One

or more

1

Absent,

no call

1

Fourth Occurrence

Fifth Occurrence
Sixth Occurrence

Written Warning Two Day Suspension
Subject to Termination

Late/ Leave Early
Arrive Late

Occurences I I

Leave
Leave

Early Early

prior

to 4 hours

worked

I

Fourth Occurrence Fifth Occurrence

Written Warning 2 day suspension
Subject to termination

Sixth Occurrence

If the Employer has reason to believe that the absence in question was not the result

of a legitimate illness, the Employer may request written evidence, from a physician, that he or she was examined by the physician in conjunction with the illness and which substantiates the
need for such absence. An employee who provides such a note shall be entitled to use available

sick leave. An employee who does not may be subject to discipline consistent with this section.

reduced

by

As of January 1, 2013 all employees shall have their number of total occurrences 50% in light of the new attendance policy set forth above.

ARTICLE 12 ANNUAL DAYS be four ( 4) annual days in addition to those

Section

1:

Full- time

employees

shall

granted

heretofore authorized under Article 11, Section A. Said annual days shall be earned at the rate of
one- third

(

1/ 3rd) day for each full month worked, but may be taken in advance. Any full-time

employee who has taken the annual day in advance and who then terminates their employment or

otherwise enters non-compensable status prior to earning the full day, shall have their annual day

adjusted on a monthly pro rata basis, and any excess payment shall be deducted from their last
pay.

Section 2: These

annual

days

shall

be

non- cumulative

from

year- to- year.

Section 3: A request for annual day leave shall be made no fewer than five ( 5) days in advance. Any such requests will conform to Article 10, Sections 3 and 5.

ARTICLE 13

PERSONAL LEAVES OF ABSENCE
Section

1:

Full-time employees may be granted leaves of absence in accordance with the

County' s Family Medical Leave Act Policy and the County' s Excused Absence Leave Policy. If
an employee is granted a leave of absence without pay, he shall not lose his accrued seniority; however, he shall receive no seniority for the period of time of the leave.
Section 2: An employee who is absent from work without authorization shall be considered absent without leave and shall receive no compensation for the period of absence. In the event of an unauthorized absence of three ( 3) days, unless a compelling mitigating circumstance exists,

the employee automatically terminates his employment.

Section 3: The County agrees to notify the Union of all personal leaves granted and the reason( s)
for granting same.

Section 4: The following violations of unpaid leave provisions shall be cause for discharge under
the terms of this agreement:

A.

Failure to return to work as scheduled after an authorized leave.

B.

Working elsewhere while on leave.
Falsifying a leave application.

C.

Section 5: Service credit shall continue to accrue during paid leaves of absence provided by this agreement, but shall not accrue during unpaid leaves of absence. However, the employee shall be
entitled upon his return from leave of absence without pay to all service credits earned up to the
date his leave commenced.
Section 6:

All requests for unpaid leave must be submitted in writing to the employee' s

departmental head and shall be answered in writing. Requests for emergency-type unpaid leaves
shall be answered before the end of the shift on which the request is made.
Section 7:
and which

Requests for any type of leave to which an employee is entitled under this agreement is not to exceed one ( 1) month shall be answered by the Employer within five ( 5)

days. If the requested leave is in excess of one ( 1) month, the request shall be answered within
ten ( 10) days.

Section 8: Any leave of absence, except maternity, military and a leave of absence for reason of
illness
will

be

granted at

the

employer' s

discretion. Employees may be

granted

leaves

of absence

without pay at the sole discretion of the employer for any reason for a period not to exceed two
2) years.

Section 9: Maternity leave shall be granted for a period of not more than four ( 4) months
including Family Medical Leave time upon written request to the employer.

Section 10: Employees granted a leave without pay shall, upon request to return to work, be
returned to their same or comparable job, as long as they return within the prescribed time
approved.

Section 11: After completing three ( 3) years of service, an employee may be granted a leave of absence without pay, at the sole discretion of the County, for educational purposes. Such leave
shall not exceed two (2) years and shall not be granted more than once every five ( 5) years.

Section 12: The County agrees to abide by the Family and Medical Leave Act.
Section 13: In all of the above sections, employees must exhaust all appropriate earned benefit time prior to going on any leave without pay.

ARTICLE 14
JOB SECURITY

Section 1: The County shall not discharge, suspend, demote, or discipline any employee without just cause. In all cases involving the discharge, suspension or demotion of an employee, the

County must immediately notify the employee in writing of his discharge or suspension and the
reasons therefore. Such written notice shall also be given to the steward and a copy shall be mailed to the Local Union Office within two ( 2) working days from the time of the discharge,
suspension or demotion.
Section 2:

In the event an employee is so questioned about work performance that said

questioning could result in disciplinary action, union representation will be granted upon request.
Section 3:
procedure.

An employee may grieve a discharge beginning with Step 3 of the grievance

Section 4: This Article shall not apply to any employee who has not successfully completed the
six ( 6) month probationary period.

ARTICLE 15
FUNERAL LEAVE

Section 1:

In the

event of

the death of a

spouse, child or

step- child,

an employee, upon request,

will be excused a maximum of five (5) consecutive scheduled working days which shall include the day of the funeral.
Section 2: When death occurs in the immediate family, an employee, upon notification to your supervisor, will be excused a maximum of three ( 3) consecutive scheduled working days, which

shall include the day of the funeral. Immediate family shall include parents, step- parents, brother,
sister, parents- in-law, step- parents- in- law, grandparents, grandchildren, and any persons residing in the same household. These days must be used between the day of death and one day after the
funeral.

Section 3: In the event of the death of a step- grandparent, step- grandparent- in-law, grandparentin-law, daughter- in- law, aunt, uncle, and great- grandparents, one ( 1) scheduled work day may be used for the day of the funeral.

Section 4: The County may, upon written request, for extenuating circumstances, and at its sole
discretion, extend funeral leave with pay as provided for in this Article.

ARTICLE 16

WORK-RELATED DISABILITY

Section 1: An employee who sustains an injury on the job, as a result of which he is disabled if so determined by a decision issued under the operations of the Workman' s Compensation program, shall be paid the difference between the monies to which he may be entitled under Workman' s Compensation, Social Security, or other applicable disability benefits and his full

salary for a period not to exceed thirty ( 30) days. Sick leave accumulation may be taken at the expiration of the thirty ( 30) days to the extent of such accumulation if the disability continues. If
based on an IME, the employee cannot return to work, his employment status may be reevaluated and he may be subject to separation.

ARTICLE 17 JURY DUTY

Employees called for jury duty or subpoenaed to attend court in connection with County business or regarding work-related matters shall be granted a paid leave of absence while
Section 1:

attending court. Notification of court attendance must be given to the Warden in advance. Employees on jury duty or subpoenaed as a witness shall be compensated the difference between their regular rate of pay and the amount received by them for court duty during the time they are serving in such capacity. Time thus paid shall not be counted as time worked for purposes of
determining
overtime or premium

pay.

ARTICLE 18 NON-DISCRIMINATION

Section l: Both the County and Union agree not to discriminate against any employee on the basis of race, creed, color, national origin, age or sex, political affiliation, nonjob related

disability, veteran' s status, the proper exercise by an employee of his rights guaranteed by the
Public Employee Relations Act Number 195, membership in the Union or Union activities.

ARTICLE 19
UNION BUSINESS

With notification and approval from the Warden or his designee, the accredited representatives of the Union shall be permitted to enter the Prison premises during working
Section 1:

hours, with the provision that at no such time shall such visitation rights interfere with the work

requirements of any employee or the County. Approval shall not be arbitrarily denied.
Section 2: The Union shall have the privilege of using bulletin boards for the purpose of

informing employees of Union meetings, functions, affairs, elections and informational items.
Section 3:

Union representatives shall be permitted to use County facilities to hold Union

meetings during non-working hours upon approval of the Board of County Commissioners.
discuss" on policy matters affecting wages, hours, terms and conditions of employment, as well as the impact thereon, upon request by the Union in
Section 4: The

County

agrees

to "

meet and

accordance with the provisions of Act 195.

Section 5: One ( 1) Union officer, upon request, shall be given a maximum of five ( 5) days off

without pay to attend Union conventions.

Section 6: If an employee is elected or appointed by the Union, he shall be granted up to one ( 1)

year leave without pay. If the employee does not return within the one ( 1) year period, he shall
be automatically terminated.

Section 7: A joint labor-management committee may be established for review of any problem

areas which may arise under the provisions of this agreement. The Committee will periodically
meet and will be composed of three ( 3) elected members from the bargaining unit defined in Article I hereof, one ( 1) frill- time Union representative, and three ( 3) County representatives.

This committee will meet at a time mutually agreed upon by both parties. Safety matters shall be
deemed a proper subject for labor- management meetings. The requesting party must submit a

written agenda three ( 3) days prior to the meeting date. The meetings shall be held quarterly and
not exceed two ( 2) hours in duration unless mutually extended. Grievances are not a proper
subject

for labor- management

meetings.

ARTICLE 20 GENERAL PROVISIONS

Section 1:

The County agrees to make reasonable provisions for the health and safety of all

employees covered in this agreement.

Section 2: The County agrees to abide by the state and federal statutes applicable to military
leave. Section 3:

A.

Salary board

actions

for

all

matters

brought before them

shall

be dated.

Seniority

calculation shall be retroactive to the date of hire after completion of the six month
probationary period. B.

All training shall be paid at the appropriate rate of pay ( in accordance with Article V,
Section 3) and shall be computed in the computation of overtime. Training includes both
in-house and off site training, as well as training attended on scheduled time off.

Section 4: The County will provide training at a State Certified Correctional Officers Training
Academy to all full- time employees within the first year of employment. completion of training will be grounds for dismissal of the employee.
Unsuccessful

Section 5: Employees shall notify the County of their current address and shall notify the County in writing of any changes thereof. The County may reply to the last address supplied to the
County.

Section 6: The County agrees to abide by the Pennsylvania state laws applicable to Workman' s
Compensation.

Section 7: The County agrees to abide by the state and federal regulations for maternity leave. Section 8: When existing rules are changed or new rules are established, they shall be posted and
maintained on the work order board for a period of ten ( 10) consecutive work days.
A.

Informing Employees. The employer further agrees to furnish each employee in the bargaining unit with a copy of all existing work rules thirty ( 30) days after they become
effective. New employees shall be provided with a copy of the rules at the time of hire.

B.

Enforcing. Employees shall comply with all existing reasonable rules that are not in
conflict with the terms of this agreement, provided the rules are uniformly enforced.

Any complaint involving discrimination, as that term is defined in Section 1 of this Article, in the
application of

any

new or

existing

work rules, shall

be

resolved

through the

grievance procedure.

Section 9: The County agrees to provide sufficient copies of the Agreement to the Union.
Section 10: The County agrees to provide a shelter from the elements.
Section 11: All meet and discuss agreements will be attached to this contract upon execution of
each agreement.

Section 12:

Tuition Reimbursement: All employees covered under this agreement will be

eligible for participation in and coverage under the County' s Tuition Reimbursement Program
policy.

Section 13:

Inclement Weather Policy: All employees covered by this agreement shall be

covered under the county' s Inclement Weather Policy

ARTICLE 21
PERSONNEL FILE

Section 1: The county human resources department shall maintain the official employment file as permitted by law for each employee to assure consistency in record keeping and compliance with
applicable laws. In addition, the supervisor may maintain a supervisor file containing a copy of the most recent performance evaluation, disciplinary records, performance goals, and other
objective, job-related information.

Section 2: Individual personnel files shall be confidential. However, an employee shall have the

right to make such additions or responses to the material contained in his official personnel file

as he shall deem necessary, but he shall have no right to remove material from the file. The
employee shall have no right of access to the official confidential pre- employment file.

Section 3: Employees may review their own employment file and may obtain a copy of, but not
remove,

Reviews by the employees must be requested to the HR Department and will be scheduled at a mutually convenient time and conducted in the presence of a designated member of the HR Department. A reasonable charge will be made for any copies
of documents made for the employee.

documents in the file.

Section 4: The union shall have access to the official employment file of an employee at a

mutually convenient time during regular office hours, after having given the HR Department
reasonable notice and is first provided the express written permission of the employee; a copy of
which shall be furnished the HR Department at the time of the request.

Section 5: If the official personnel file is duly subpoenaed in accordance with law, the employee
shall be notified at the earliest possible time. Section 6: Upon
to the HR Department,

written request

an employee shall

be furnished

with a

copy of any and all material within the employment file. The cost of duplication shall be borne by the employee.
Section 7: The County may maintain a separate personnel file for each employee pertaining to insurance and benefits, and medical documents of the employee as required by certain state and
federal laws and requirements.

Section 8: All written warnings, written reprimands shall remain in the employee' s personnel file

for a period of at least one year. Any and all other discipline of a more serious nature shall remain in the employees' file for a period of at least two ( 2) years. If no other disciplinary action takes place within the aforementioned time frames, and only upon written request of the employee to the Human Resources Department, an action may be removed from the employees'
file. Documents in the employee' s personnel file at the time of resignation or termination from
employment will remain a permanent part of the personnel file.

ARTICLE 22 UNIFORMS

Section 1: Each employee, after successfully completing the probationary period, shall receive
five ( 5)
shirts and

three (

3)

trousers,

and

a

onetime

payment

of $

200 for gear to start

employment. Thereafter, he shall receive replacements for worn or damaged clothing. In order to receive replacements for any part of the uniform, the officer shall turn into the County the worn piece of clothing when it is replaced. Replacements must be authorized by the County. The style of the uniform shall be mutually agreed upon and the employees are required to adhere to the
County uniform guidelines. Employees anniversary date for upkeep of their gear..
shall receive an annual payment

of $

100 on their

Section 2: The County shall provide disposable rubber gloves and appropriate pouch for holding
the gloves to provide for employees' use.

Section 3: The County shall provide one winter jacket for all employees.

Section 4: Employees will be allowed to retrieve their county supplied jacket from their locker before being required to go outside.

ARTICLE 23
GRIEVANCE PROCEDURE POLICY:

It is the policy of the County and Union to encourage a harmonious and cooperative relationship and to resolve employee grievances in accordance with fair and orderly procedures. Every effort should be made by both parties to see that grievances are processed
promptly
and settled at

the

first level in the

grievance procedure.

DEFINITION: A grievance is a dispute concerning the interpretation, application or alleged
violation of a specific term or provision of this agreement.

Section

1:

An employee is entitled to select the Union or its accredited representative to

represent him during all steps of the grievance procedure. The Human Resources Director or his designee shall be present and/ or involved during all grievance procedures.
Step - Deputy Warden. An employee with a grievance must file said grievance within fifteen ( 15) days of its occurrence or knowledge thereof with the Deputy Warden who
Section 2:
First
shall attempt to resolve the grievance to the mutual satisfaction of the employee and management

within fifteen ( 15) work days of its presentation. The Deputy Warden shall report his decision to the employee in writing. If the employee does not proceed with his grievance to the second step within the time limits prescribed in the following subsection, and no extension of time is granted, the grievance shall be considered to be satisfactorily resolved.
Step - Warden. If the employee is not satisfied with the disposition of his grievance after discussion with the Deputy Warden, he may submit a written appeal to the Warden within fifteen ( 15) work days after receiving a decision at the first step. The Warden, within fifteen ( 15) work days after receiving the appeal, shall meet with the employee and
steward in an attempt to resolve the grievance. The Warden shall give the employee and steward
Section 3: Second

a written decision within fifteen ( 15) work days following the meeting. If the employee does not proceed with his grievance to the third step within the time limits prescribed in the following
subsection,

and no extension of time is granted, the grievance shall be considered to be

satisfactorily resolved.

Step - Arbitration. If the Union is not satisfied with the disposition of his grievance at the second step, they may appeal to arbitration within fifteen work days after receiving a decision at the second step. A request for arbitration may be initiated by the Union serving upon the County a notice in writing of intent to proceed to arbitration. The notice shall identify the agreement provision in dispute, the issue( s) to be determined and the employee or employees involved. Upon receipt of a notice requesting arbitration, the parties shall meet to select an arbitrator. If the parties cannot voluntarily agree upon the selection of an arbitrator, they shall notify the State Bureau of Mediation of their inability to do so. Pursuant to Section 903. 1 of
Section 4: Third

Act 195, the State Bureau of Mediation shall then submit to the parties the names of seven ( 7)

arbitrators, who shall be members of the National Academy of Arbitrators. Each party shall alternately strike a name until one ( 1) name remains. The County shall strike the first name. The person remaining shall be the arbitrator.
A.

The arbitrator shall have no authority to add to, subtract from or modify the provisions of this agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the application and interpretation of this agreement. Subject to the parties right to appeal, the decision or award of the arbitrator shall be final and binding, with the provision that any decisions of the arbitrator or arbitrators requiring legislation
will

only be

effective

if such legislation is

enacted.

B.

The costs of arbitration shall be shared equally by the parties. Each party shall bear the cost of preparing and presenting its own case.
A grievance which affects a substantial number of employees or the dismissal,
The Union
shall

Section 5:

suspension or demotion of any employee may be presented initially by the Union at step two of
the
grievance procedure.

designate

one (

1)

spokesman to act as representative

for the group.

Section 6: A grievance may be withdrawn by the Union or the aggrieved employee at any time,

and the withdrawal of any grievance shall not be prejudicial to the positions taken by the parties as they relate to that grievance or any future grievance.
Section 7: Any individual employee or group of employees shall have the right at any time to present grievances to the County and to have them adjusted without the intervention of the Union

as long as the adjustment is not inconsistent with the terms of this collective bargaining
agreement, and provided further that the Union has been given an opportunity to be present at

such adjustment. The County may notify an aggrieved employee ( with a copy to the Union) of its decision by certified mail sent to the employee' s last known address, and this shall fulfill the
decision notification requirements as set forth in any step of the grievance procedure described herein. The decision to proceed to binding arbitration shall be controlled by Section 4 of this
Article and rest with the Union

Section 8: Any employee designated by the Union as a steward will be permitted to leave his work area after reporting to his respective supervisor, and recording his time, for the purpose of

attending grievance meetings with the County in accordance with the grievance procedure. A
Union steward will be permitted to leave his work area during the regular working hours on his shift when he is investigating or presenting a grievance to his supervisor signed by an employee
who made the complaint. Failure or refusal on the part of any such employee( s) to comply with

any provision of this Article shall be cause for disciplinary action.
Section 9: The Union shall furnish the County with a written list of stewards, indicating the department and shift to which each is assigned and, further, shall promptly notify the County in
writing of any changes thereof.

Section 10: The County shall furnish the Union with a written list of immediate supervisors indicating the department and shift to which each is assigned, and, further, shall notify the Union
in writing of any changes thereof.

ARTICLE 24
WAGES AND BENEFITS

three

Section 1: Effective January 1, 2012, all currently employed, active employees shall receive a increase to their base hourly rate. percent ( 3%)

Effective

January hourly rate.
In

1, 2013,

all employees shall receive a

three

percent (

3%)

increase to their base

addition, all employees will

be

eligible

for

a one (

1%)

cash bonus ( which will not

be included in the employee' s base salary) which will be paid in the last pay of January 2014. In
order to be eligible, the employee must be a current employee on the date that the bonus is paid

total reduction in the total overtime hours recorded by all members of the bargaining unit at the prison in 2013 as measured against the total overtime hours recorded by all members of the bargaining unit at the prison in 2012.
and

there

must

have been 12%

Effective January 1, 2014, all currently employed, active employees shall receive a three percent 3%) increase to their base hourly rate.
In
addition, all employees will

be

eligible

for

a one (

1%)

cash bonus ( which will not

be included in the employee' s base salary) which will be paid in the last pay of January 2015. In
order to be eligible, the employee must be a current employee on the date that the bonus is paid

total reduction in the total overtime hours recorded by all members of the bargaining unit at the prison in 2014 as measured against the total overtime
and

there

must

have been 12%

hours recorded by all members of the bargaining unit at the prison in 2013.
Effective January 1, 2015, all currently employed, active employees shall receive a three percent 3%) increase to their base hourly rate.
In
addition, all employees will

be

eligible

for

a one (

1%)

cash bonus ( which will not

be included in the employee' s base salary) which will be paid in the last pay of January 2016. In
order to be eligible, the employee must be a current employee on the date that the bonus is paid

total reduction in the total overtime hours recorded by all members of the bargaining unit at the prison in 2015 as measured against the total overtime
and

there

must

have been 12%

hours recorded by all members of the bargaining unit at the prison in 2014.

Section 2:
shift.

A shift differential of$ 1. 00 shall be paid to employees working the second and third

Section 3: All

sergeants

in the

bargaining

unit shall receive a $

1. 00 increase of their hourly wage

upon promotion.

Section 4: A.

The County shall offer each employee coverage under the health insurance plan used for
the
remainder of

the county. The county

shall also

pay 50% of the cost of the applicable

dependent coverage of full-time employees so enrolled. The parties agree to form a health
care committee to review health coverage options.
B.

the

Full-time employees shall be entitled to money allotments to purchase insurance as per following schedule:

I.
2.

Individual

coverage under

the

current plan, plus $

350. 00 to purchase insurance.
200. 00 to purchase

Two

person or

family

coverage under

the

current plan, plus $

insurance.

3.

No

coverage under

the

current plan, plus $

1, 000. 00 to purchase insurance.

Part- time employees shall be entitled to a money allotment of$ 375. 00 to purchase insurance through any of the County plans.
Section 5:

20,000. 00 Group Term Life Insurance for all fulltime employees who are regularly scheduled to work twenty (20) or more hours per week.
Section 6: The

County

agrees

to

purchase $

Section 7: Full-time employees hired prior to January 1, 1987 shall have the option of selecting
the new retirement ratio which is 1/ 60th. This would be an increase in the retirement benefits
ratio which is 1/ 60th. This would be an increase in the retirement benefits.

Section 8: The County shall provide for reimbursement of essential personal property that is damaged or destroyed in the line of duty. Essential personal property shall be defined as
eyeglasses, wrist watches, or dental plates. The amount of reimbursement shall not exceed the

replacement value of the item up to a maximum of$ 150. 00.
Section 9: The County shall provide each employee with a statement of retirement account not less than once annually.

Section 10: An increment bonus will be paid to employees having 3, 7 and 13 years of service.
The bonus
will

be 3%

of the employee' s gross income between November 1 of the year
year"

preceding the " anniversary
paid with

and

October 31
of

of

the " anniversary

year".

The bonus will be
of an employee' s

the

twenty- fourth pay- check

the

year.

An increment

raise of

3%

hourly wage will be applied on the employee' s anniversary date for those employees who have 5,
10, and 15 years of service. Those with more than 15 years of service will receive a one- time only 3% increase ( employees who receive this one time increase prior to the 2012- 2015 contract

shall not be eligible to receive the increase again).
Section 11:
attendance

Starting in the first quarter following this Award employees who have perfect
foe any for
quarter

in

which

they

were

employed

full- time

shall receive a $

150 bonus

which shall be paid by separate check and not rolled into base pay. Employees who have perfect
attendance an entire
year

shall

receive

an

additional $

150 bonus, which shall be paid by

separate check and not rolled into base pay, and one EDP day. Perfect attendance shall be defined as working each complete shift ( including voluntary and mandatory overtime) for which
an employee was scheduled in any given quarter.

Section 12: A processing officer post shall be established for all three shifts. This officer will be
chosen as

described in Article 7, Section 1.

Section 13: A lobby officer post shall be established during normal business hours. The officer
chosen will be the senior qualified officer.

Section 14: Any employee awarded a bid position in which the county utilizes Article 7, Section
1, that
employee shall

receive an additional $.

50 per hour. Additionally, the lobby officer post

will receive a

1 time only $. 50 per hour increase.

ARTICLE 25
LEGALITY

Section 1: The parties hereto specifically agree that it is their intent that this agreement, under all circumstances and in every respect, shall comply with all applicable statutes, governmental regulations and judicial decisions, and if it shall be determined by proper authority that this agreement or any part thereof is in conflict with said statutes, governmental regulations or
judicial decisions, this agreement shall be automatically adjusted to comply with the referred-to
statutes, governmental regulations or judicial decisions.

ARTICLE 26
SEPARABILITY

Section 1: In the event any of the terms or provisions of this agreement shall be found invalid or declared unenforceable by reason of any federal or state statute, or federal or state directive, rule
or regulation, now in effect or hereinafter to become effective, or by reason of the decision of

any court having jurisdiction, such invalidity or unenforceability shall not affect or impair any
other terms or provisions hereof, unless the other terms or provisions are directly affected by the
section declared invalid or unenforceable.

ARTICLE 27
HEADINGS

Section 1: Any heading preceding the text of the several Articles hereof are inserted solely for
convenience of reference and shall not constitute a part of this agreement, nor shall they affect its
meaning, construction or effect.

ARTICLE 28 GENDER AND NUMBER

Section 1:

Unless

otherwise

provided

herein, the

masculine pronoun shall

import the feminine,

the singular number shall import the plural and vice versa, as applicable.

ARTICLE 29
DURATION

Section 1: Pursuant to the requirements of Act 195, this agreement shall be binding upon the parties hereto, their successors and assigns, from January 1, 2012 to and including December 31,

2015, and thereafter from year to year except that either party may notify the other by certified mail on or before July 1, 2015 of its desire to modify or terminate this agreement.

AFSCME, DISTRICT COUNCIL 89

FRANKLIN COUNTY

FRANKLIN COUNTY POST- EMPLOYMENT HEALTH CARE POLICY

TO PROVIDE MEDICAL INSURANCE TO CORRECTIONAL OFFICER
RETIREES & SPOUSES

The following policy is established to govern the practice of providing medical insurance
coverage for Correctional Officer retirees from Franklin County service.
Definitions:

The County' s current medical insurance coverage as mandated by the contract between the County and insurance carrier for retirees. No Flexible Benefits are included
Medical Insurance -

in retirees' medical insurance coverage.
Retiree -

A former County Correctional Officer who is receiving monthly retirement payments from the County Employee' s Retirement Fund.

Any individual who has been legally married and continues to be legally married to a former County Corrections Officer during the former Corrections Officer' s retirement. Widows
and widowers shall be considered spouses.
Work Year -

Spouse -

Prom January 1 through December 31 in which the Correctional Officer works at

least 1000 hours.
Current Corrections Officer adopted.

A Correctional Officer that is employed on the date this policy was

The intent of this policy is to provide insurance coverage to retired Corrections Officers, age 60
or over, and spouses, age 65 or over.

be

Current County Correctional Officers with fifteen ( 15) years of service as of January 2, 1996 will eligible to receive seventy- five percent ( 75%) County paid Post-Employment Health Care Benefit coverage for the Correctional Officer and fifty percent ( 50%) County paid Post-

Employment Health Care Benefit coverage for their spouse upon their retirement and receiving retirement payments from the County pension fund.

County Correctional Officers may participate in the County' s medical health care benefits on a
se 1 fpaid basis after retirement.
For
to

a

retiree

obtain

seventy- five

percent (

75%)

paid coverage of medical insurance the

correctional officer must meet the following criteria. The retiree' s spouse will have fifty percent
50%)
paid coverage.

1.

Correctional Officer

must

be sixty( 60)

years of age.

FRANKLIN COUNTY POST- EMPLOYMENT HEALTH CARE POLICY TO PRO VIDE MEDICAL INSURANCE TO CORRECTIONAL OFFICER
RETIREES & SPOUSES

Continued)

2.

Correctional Officer must have worked for eight ( 8) years. A work year consists

of 1000 hours from January 1 through December 31.
3.

When the Correctional Officer dies, the spouse ( age 65 or over) may continue
coverage at

fifty

percent (

50%) paid coverage, if the spouse continues to receive

retirement payments.

For

a

retiree

to

obtain

one

hundred

percent (

100%) paid coverage of medical insurance, the

Correctional Officer must meet the following criteria. The retiree' s spouse will have fifty percent
50%)
paid coverage.

1.

Correctional Officer must be sixty( 60) years of age.
Correctional Officer
must

2.

have

worked

for twenty ( 20) years. A work year

consists of 1000 hours from January 1 through December 31.
3.

When the Corrections Officer dies, the spouse ( age 65 or over) may continue

fifty percent ( 50%) paid coverage, if the spouse continues to receive County retirement payments.
coverage at

If, at any time, County retirement payments are discontinued to the retiree or the retiree' s spouse,
the retiree and/or the retiree' s spouse is not eligible for County medical insurance. Medical

insurance will only be provided to those individuals who are receiving retirement benefits.
All retirees entitled to County paid medical insurance must enroll in the appropriate insurance plan provided by the company with which the County has its medical insurance contract at the time of eligibility for benefits,
The Board of Commissioners reserves the right to terminate or amend this policy, at any time,

without liability to any person who may be affected by such termination or amendment. No
Correctional Officer or retiree shall have any vested right to the continuation of this policy or to
have the same continued without charge.
For Correctional Officer

a

who retirees

before the

age

sixty ( 60), medical insurance will not be

available until said Correctional Officer reaches age sixty (60).

Any County Correctional Officer retired prior to January 2, 1996 shall be eligible for medical
insurance as set forth in the post- employment health care policy passed by the Board of Commissioners on December 19, 1986. Any County Correctional Officer retiring after January
3, 1996, but before

January

15, 1998,

shall

be

eligible

for

medical

insurance

set

forth in the

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