2015-2017 2015-2017 AGREEMENT AGREEMENT BETWEEN STATE OF IOWA BETWEEN STATE OF IOWA AND AND STATE POLICE OFFICERS STATE POLICE OFFICERS COUNCIL COUNCIL

PUBLIC PUBLIC SAFETY UNIT SAFETY UNIT

Effective: July 1, 2015 - June 30, 2017 Effective: July 1, 2015 - June 30, 2017

TABLE OF CONTENTS TABLE OF CONTENTS

Page Page Article I AGREEMENT ...... 1 Article I AGREEMENT ...... 1 Article II RECOGNITION AND UNION SECURITY . . 2 Article II RECOGNITION AND UNION SECURITY . . 2 Article III MANAGEMENT RIGHTS ...... 7 Article III MANAGEMENT RIGHTS ...... 7 Article IV GRIEVANCE PROCEDURE ...... 8 Article IV GRIEVANCE PROCEDURE ...... 8 Article V SENIORITY ...... 16 Article V SENIORITY ...... 16 Article VI LAYOFF PROCEDURE ...... 17 Article VI LAYOFF PROCEDURE ...... 17 Article VII TRANSFERS ...... 20 Article VII TRANSFERS ...... 20 Article VIII HOURS OF WORK ...... 24 Article VIII HOURS OF WORK ...... 24 Article IX WAGES AND FRINGE BENEFITS . . . . 36 Article IX WAGES AND FRINGE BENEFITS . . . . 36 Article X HEALTH AND SAFETY ...... 61 Article X HEALTH AND SAFETY ...... 61 Article XI MISCELLANEOUS ...... 63 Article XI MISCELLANEOUS ...... 63 Article XII NO STRIKE - NO LOCK OUT ...... 67 Article XII NO STRIKE - NO LOCK OUT ...... 67 Article XIII GENERAL ...... 67 Article XIII GENERAL ...... 67 Termination of Agreement ...... 68 Termination of Agreement ...... 68 Appendix A ...... 69 Appendix A ...... 69 Index ...... 72 Index ...... 72

i i ii ii ARTICLE I ARTICLE I AGREEMENT AGREEMENT This Agreement made and entered into this 1st day of July 2015 at This Agreement made and entered into this 1st day of July 2015 at Des Moines, Iowa, pursuant to the provisions of Chapter 20 of the Des Moines, Iowa, pursuant to the provisions of Chapter 20 of the Iowa Code, by and between the State of Iowa (hereinafter referred Iowa Code, by and between the State of Iowa (hereinafter referred to as the Employer) and the State Police Officers Council, and its to as the Employer) and the State Police Officers Council, and its appropriate affiliated sub-organizations (hereinafter referred to as appropriate affiliated sub-organizations (hereinafter referred to as the Council), as representatives of employees employed by the State the Council), as representatives of employees employed by the State of Iowa, as set forth specifically in the Recognition Clause. of Iowa, as set forth specifically in the Recognition Clause.

PURPOSE OF AGREEMENT PURPOSE OF AGREEMENT It is the intent and purpose of the parties hereto that this Agreement It is the intent and purpose of the parties hereto that this Agreement constitutes an implementation of the provisions of Chapter 20 of constitutes an implementation of the provisions of Chapter 20 of the Iowa Code, consistent with the legislative authority contained the Iowa Code, consistent with the legislative authority contained therein. therein.

The parties do hereby acknowledge that this Agreement represents The parties do hereby acknowledge that this Agreement represents an amicable understanding reached by the parties as the result of an amicable understanding reached by the parties as the result of the unlimited right and opportunity of the parties to make any and the unlimited right and opportunity of the parties to make any and all demands with respect to the subjects of bargaining as set forth all demands with respect to the subjects of bargaining as set forth in Chapter 20 of the Iowa Code. in Chapter 20 of the Iowa Code.

1 1 ARTICLE II ARTICLE II RECOGNITION AND UNION SECURITY RECOGNITION AND UNION SECURITY SECTION 1 Bargaining Unit SECTION 1 Bargaining Unit The Employer recognizes the Council as the exclusive collective The Employer recognizes the Council as the exclusive collective bargaining agent for public safety employees as listed below: bargaining agent for public safety employees as listed below:

PUBLIC SAFETY UNIT PUBLIC SAFETY UNIT Classification Department Classification Department Conservation Officer* Natural Resources Conservation Officer* Natural Resources Park Ranger* Natural Resources Park Ranger* Natural Resources Special Agent 1 Public Safety Special Agent 1 Public Safety Special Agent 2 Public Safety Special Agent 2 Public Safety Fire Inspector Public Safety Fire Inspector Public Safety Trooper 1 Public Safety Trooper 1 Public Safety Trooper 2 Public Safety Trooper 2 Public Safety Trooper 3 Public Safety Trooper 3 Public Safety Trooper-Pilot Public Safety Trooper-Pilot Public Safety Senior Trooper-Pilot Public Safety Senior Trooper-Pilot Public Safety

*These job classification titles are used for clarification purposes *These job classification titles are used for clarification purposes only. Both classifications have equal peace officer authority as only. Both classifications have equal peace officer authority as provided for in Chapter 97B, Sections 801.4, and 456A.13, and all provided for in Chapter 97B, Sections 801.4, and 456A.13, and all other pertinent sections of the Code of Iowa. other pertinent sections of the Code of Iowa.

Employees excluded from the public safety bargaining unit are Employees excluded from the public safety bargaining unit are all managerial, supervisory, confidential, part-time and all other all managerial, supervisory, confidential, part-time and all other employees of the State of Iowa. employees of the State of Iowa.

The Employer will provide the Council thirty (30) days advance The Employer will provide the Council thirty (30) days advance notice of the establishment of any new peace officer classifications, notice of the establishment of any new peace officer classifications, or any changes in the present peace officer classifications. The or any changes in the present peace officer classifications. The parties will review all such new or changed classifications. If parties will review all such new or changed classifications. If unable to reach agreement as to their inclusion or exclusion unable to reach agreement as to their inclusion or exclusion from the bargaining unit, they shall submit such new or changed from the bargaining unit, they shall submit such new or changed classifications to the Iowa Public Employment Relations Board. classifications to the Iowa Public Employment Relations Board.

2 2 The Employer agrees to furnish forty-five (45) days advance The Employer agrees to furnish forty-five (45) days advance notice to affected employees of any permanent changes in job notice to affected employees of any permanent changes in job classifications. Such notification shall be for informational purposes classifications. Such notification shall be for informational purposes only and shall not prevent the Employer from making the change. only and shall not prevent the Employer from making the change.

SECTION 2 Dues Deduction SECTION 2 Dues Deduction A. Upon receipt of a voluntary written individual order from any A. Upon receipt of a voluntary written individual order from any of its employees covered by this Agreement, on forms provided of its employees covered by this Agreement, on forms provided by the Council, the Employer will deduct from the pay due such by the Council, the Employer will deduct from the pay due such employee those amounts as specified below. employee those amounts as specified below.

Such order shall be effective for membership dues, deductions for Such order shall be effective for membership dues, deductions for life insurance plans, and other such deductions as are mutually life insurance plans, and other such deductions as are mutually agreed upon by the Employer and the Council. Such deductions agreed upon by the Employer and the Council. Such deductions shall become due after the authorization order has been delivered shall become due after the authorization order has been delivered to the payroll office of the employing unit. Dues deductions shall to the payroll office of the employing unit. Dues deductions shall be made only when the employee has sufficient earnings to cover be made only when the employee has sufficient earnings to cover same after deductions of Social Security, federal taxes, state taxes, same after deductions of Social Security, federal taxes, state taxes, retirement, health insurance, and life insurance. Deductions shall retirement, health insurance, and life insurance. Deductions shall be in such amounts as shall be certified to the Employer in writing be in such amounts as shall be certified to the Employer in writing by the authorized representative of the Council. The Employer by the authorized representative of the Council. The Employer recognizes that the Council is composed of several independent recognizes that the Council is composed of several independent sub-organizations, and the deductions for the employees in said sub-organizations, and the deductions for the employees in said independent sub-organizations may be different. The Council will independent sub-organizations may be different. The Council will at all times certify to the Employer the deductions requested by any at all times certify to the Employer the deductions requested by any independent sub-organizations. independent sub-organizations.

Any employee transferred from the jurisdiction of one (1) Any employee transferred from the jurisdiction of one (1) independent sub-organization to another independent sub- independent sub-organization to another independent sub- organization within the certified bargaining unit shall provide the organization within the certified bargaining unit shall provide the payroll office of the new employing unit with a signed transfer card payroll office of the new employing unit with a signed transfer card prior to the end of the pay period during which transfer became prior to the end of the pay period during which transfer became effective. New authorizations must be submitted as indicated above effective. New authorizations must be submitted as indicated above by employees returning from leave of absence without pay in excess by employees returning from leave of absence without pay in excess of thirty (30) days. The Employer will remit all such deductions to of thirty (30) days. The Employer will remit all such deductions to the Council within ten (10) working days after the payday covering the Council within ten (10) working days after the payday covering the pay period of deduction to an address provided the Employer the pay period of deduction to an address provided the Employer by the Council. by the Council. 3 3 The authorization orders must remain in effect for at least twelve The authorization orders must remain in effect for at least twelve (12) consecutive months or until the end of the current contract (12) consecutive months or until the end of the current contract period, whichever occurs first. After that time, the authorization period, whichever occurs first. After that time, the authorization orders can only be terminable by the employee giving at least thirty orders can only be terminable by the employee giving at least thirty (30) days, but not more than one hundred twenty (120) days, written (30) days, but not more than one hundred twenty (120) days, written notice to the Employer. notice to the Employer.

The Council agrees to indemnify and save harmless the Employer The Council agrees to indemnify and save harmless the Employer from any payments the Employer may be required to make arising from any payments the Employer may be required to make arising out of any such action taken or not taken by the Employer for out of any such action taken or not taken by the Employer for purposes of complying with the provisions of this Section. purposes of complying with the provisions of this Section.

Requests for changes related to dues deduction amounts shall Requests for changes related to dues deduction amounts shall be made at least thirty (30) days prior to the effective date of be made at least thirty (30) days prior to the effective date of such deductions. Requests for changes shall be made without such deductions. Requests for changes shall be made without charge. Such changes in dues deduction shall be limited to twice charge. Such changes in dues deduction shall be limited to twice per year per sub-organization. per year per sub-organization.

On a monthly basis, and at no cost to the Council, the Employer On a monthly basis, and at no cost to the Council, the Employer shall continue to provide the Council, in a format agreeable to shall continue to provide the Council, in a format agreeable to both parties, each bargaining unit employee’s name, home address, both parties, each bargaining unit employee’s name, home address, payroll number, work location, pay grade, step, biweekly rate, payroll number, work location, pay grade, step, biweekly rate, insurance information, and any other information mutually agreed insurance information, and any other information mutually agreed to. Each time the ten (10) digit payroll header file is changed, but to. Each time the ten (10) digit payroll header file is changed, but no less than annually, the Employer shall provide the Council with no less than annually, the Employer shall provide the Council with a list showing the header codes and code key. a list showing the header codes and code key.

B. PAC Deduction. Upon receipt of a voluntary written individual B. PAC Deduction. Upon receipt of a voluntary written individual order from any of the employees covered by this Agreement, on order from any of the employees covered by this Agreement, on forms provided by the Council, the Employer will deduct from forms provided by the Council, the Employer will deduct from the pay due such employee those amounts as specified for PAC the pay due such employee those amounts as specified for PAC deduction, unless deductions for PACS are determined to be in deduction, unless deductions for PACS are determined to be in violation of law. violation of law.

The applicable terms and conditions regarding deductions as The applicable terms and conditions regarding deductions as outlined in Subsection A above shall also be in force for deductions outlined in Subsection A above shall also be in force for deductions made under this Subsection. made under this Subsection.

4 4 SECTION 3 Bulletin Boards SECTION 3 Bulletin Boards The Employer shall provide space sufficient for three (3) 8½″ × 11″ The Employer shall provide space sufficient for three (3) 8½″ × 11″ notices on existing bulletin boards at locations where bulletin notices on existing bulletin boards at locations where bulletin boards are presently located for use by the local Council and boards are presently located for use by the local Council and its independent sub-organizations to enable employees of the its independent sub-organizations to enable employees of the bargaining unit to see notices posted thereon. All notices shall bargaining unit to see notices posted thereon. All notices shall relate to the matters listed below: relate to the matters listed below:

A. Recreational and/or social affairs of the Council or its independent A. Recreational and/or social affairs of the Council or its independent sub-organizations. sub-organizations. B. Council appointments or appointments by the independent sub- B. Council appointments or appointments by the independent sub- organizations. organizations. C. Council or independent sub-organization elections and campaign C. Council or independent sub-organization elections and campaign material from candidates to such elections. material from candidates to such elections. D. The results of any Council or independent sub-organization D. The results of any Council or independent sub-organization election. election. E. Notices of any Council or independent sub-organization E. Notices of any Council or independent sub-organization meeting or meetings, and the minutes from such meetings. meeting or meetings, and the minutes from such meetings. F. Such other materials as may be mutually agreed upon by the F. Such other materials as may be mutually agreed upon by the Employer and the Council. Employer and the Council. G. Communications or letters to Council members from the officers G. Communications or letters to Council members from the officers or legal counsel of the Council. or legal counsel of the Council.

No political campaign literature or material detrimental to the No political campaign literature or material detrimental to the Employer or Council shall be posted. Employer or Council shall be posted.

SECTION 4 Council Activity SECTION 4 Council Activity Bargaining unit employees, including Council officers and Bargaining unit employees, including Council officers and representatives, shall not conduct any Council activity or business representatives, shall not conduct any Council activity or business on State time and property, except as specifically authorized by the on State time and property, except as specifically authorized by the provisions of this Agreement. However, this limitation shall not provisions of this Agreement. However, this limitation shall not be construed to preclude employees from reading Council material be construed to preclude employees from reading Council material placed on bulletin boards while on duty, or prohibiting informal placed on bulletin boards while on duty, or prohibiting informal discussion among the employees of this unit during non-work time. discussion among the employees of this unit during non-work time.

5 5 The Employer agrees to allow Council representatives reasonable The Employer agrees to allow Council representatives reasonable access to State property to meet and confer with employees during access to State property to meet and confer with employees during their non-work time. The Council representative will notify their non-work time. The Council representative will notify and obtain the permission of the affected employees’ immediate and obtain the permission of the affected employees’ immediate supervisors prior to such meetings on State property. Such supervisors prior to such meetings on State property. Such permission will not be unreasonably withheld. permission will not be unreasonably withheld.

The Employer further agrees to permit the Council or its independent The Employer further agrees to permit the Council or its independent sub-organizations to hold meetings in such State facilities as are sub-organizations to hold meetings in such State facilities as are mutually agreed upon. mutually agreed upon.

SECTION 5 Council Meetings SECTION 5 Council Meetings Upon receiving five (5) days advance notice, the Employer will Upon receiving five (5) days advance notice, the Employer will attempt to reschedule days off for up to twenty (20) employees for attempt to reschedule days off for up to twenty (20) employees for the purpose of attending Council meetings. Employees attending the purpose of attending Council meetings. Employees attending such meetings shall be allowed to utilize earned compensatory such meetings shall be allowed to utilize earned compensatory time, vacation, or leaves of absences without pay at their discretion. time, vacation, or leaves of absences without pay at their discretion.

Members of the bargaining unit shall be allowed to attend general Members of the bargaining unit shall be allowed to attend general membership meetings of the Council. Any member of the membership meetings of the Council. Any member of the bargaining unit who is on duty at the time such meeting is held in bargaining unit who is on duty at the time such meeting is held in the Patrol District shall be allowed to travel to and from the meeting the Patrol District shall be allowed to travel to and from the meeting via their assigned state vehicle and shall use compensatory time, via their assigned state vehicle and shall use compensatory time, vacation or unpaid leave during the time the employee is actually vacation or unpaid leave during the time the employee is actually in attendance at the meeting. The Employer may require that in attendance at the meeting. The Employer may require that minimum staffing levels be maintained during any such meeting. If minimum staffing levels be maintained during any such meeting. If the meeting extends beyond the end of an employee’s duty day, the the meeting extends beyond the end of an employee’s duty day, the employee shall not be in pay status during the return trip home. employee shall not be in pay status during the return trip home.

The Employer recognizes that due to the members of the bargaining The Employer recognizes that due to the members of the bargaining unit being dispersed throughout the state, a series of meetings unit being dispersed throughout the state, a series of meetings held in various geographic locations throughout the state (e.g., held in various geographic locations throughout the state (e.g., Patrol Districts), will be considered one (1) general membership Patrol Districts), will be considered one (1) general membership meeting. The Council may only exercise this Section of the meeting. The Council may only exercise this Section of the Agreement once per calendar year. Agreement once per calendar year.

The Council shall be allowed use of state facilities for such meetings The Council shall be allowed use of state facilities for such meetings when they are available. The Council shall provide the Employer when they are available. The Council shall provide the Employer with fourteen (14) calendar days advance written notice of such with fourteen (14) calendar days advance written notice of such meetings. meetings. 6 6 SECTION 6 Council Leave SECTION 6 Council Leave The Employer agrees that one (1) elected officer of the Council The Employer agrees that one (1) elected officer of the Council shall, upon the written request of the Council, be granted a leave of shall, upon the written request of the Council, be granted a leave of absence without pay for the term of office, for a period not to exceed absence without pay for the term of office, for a period not to exceed two (2) years unless the absence of the employee would cause a two (2) years unless the absence of the employee would cause a substantial hardship on the operating efficiency of the employing substantial hardship on the operating efficiency of the employing unit. Grievances involving the issue of whether a substantial unit. Grievances involving the issue of whether a substantial hardship does in fact exist may be appealed directly to arbitration hardship does in fact exist may be appealed directly to arbitration pursuant to Article IV of the Agreement. At the end of the two (2) pursuant to Article IV of the Agreement. At the end of the two (2) year period, the elected official may request an extension of the year period, the elected official may request an extension of the leave of absence without pay. The employee shall retain his or her leave of absence without pay. The employee shall retain his or her original date of employment for the computation of seniority. When original date of employment for the computation of seniority. When the employee returns from this leave of absence, the employee the employee returns from this leave of absence, the employee shall return to the same job classification, division, location, and shall return to the same job classification, division, location, and assignment. However, if the position no longer is available, the assignment. However, if the position no longer is available, the employee shall be allowed to transfer to an open position in the employee shall be allowed to transfer to an open position in the same job classification. If there are no open positions in the same same job classification. If there are no open positions in the same job classification, the employee may bump the least senior person job classification, the employee may bump the least senior person in the job classification and division. in the job classification and division.

ARTICLE III ARTICLE III MANAGEMENT RIGHTS MANAGEMENT RIGHTS Consistent with this Agreement, Management shall have, in addition Consistent with this Agreement, Management shall have, in addition to all powers, duties, and rights established by constitutional to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: power, duty, and the right to: 1. Direct the work of its public employees. 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign and retain public 2. Hire, promote, demote, transfer, assign and retain public employees in positions within the public agency. employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operation. 4. Maintain the efficiency of governmental operation. 5. Relieve public employees from duties because of lack of 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. work or for other legitimate reasons.

7 7 6. Determine and implement methods, means, assignments, 6. Determine and implement methods, means, assignments, and personnel by which the public employer’s operations and personnel by which the public employer’s operations are to be conducted. are to be conducted. 7. Take such actions as may be necessary to carry out the 7. Take such actions as may be necessary to carry out the mission of the public employer. mission of the public employer. 8. Initiate, prepare, certify and administer its budget. 8. Initiate, prepare, certify and administer its budget. 9. Exercise all powers and duties granted to the public 9. Exercise all powers and duties granted to the public employer by law. employer by law.

ARTICLE IV ARTICLE IV GRIEVANCE PROCEDURE GRIEVANCE PROCEDURE SECTION 1 Definition SECTION 1 Definition For purposes of this Agreement, a grievance shall be defined as For purposes of this Agreement, a grievance shall be defined as a written complaint by an employee or the Council involving an a written complaint by an employee or the Council involving an alleged violation of a specific provision of the Agreement, or the alleged violation of a specific provision of the Agreement, or the interpretation or application of a term of this Agreement. interpretation or application of a term of this Agreement.

A grievance shall contain a clear and concise statement of the A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the grievance by indicating the issue involved, the relief sought, the date the alleged violation took place or is alleged to have taken date the alleged violation took place or is alleged to have taken place, and the specific Section or Sections of the Agreement place, and the specific Section or Sections of the Agreement involved. The grievance shall be written on mutually agreed upon involved. The grievance shall be written on mutually agreed upon forms furnished by the Council and shall be signed and dated by forms furnished by the Council and shall be signed and dated by the employee, the Council, or its representative. The grievance the employee, the Council, or its representative. The grievance shall be presented to the immediate supervisor or, for grievances shall be presented to the immediate supervisor or, for grievances affecting more than one employee, to the appropriate department affecting more than one employee, to the appropriate department designee. The Council may contact the appropriate Human designee. The Council may contact the appropriate Human Resources Enterprise representative to determine the appropriate Resources Enterprise representative to determine the appropriate department designee. The grievant (or steward) shall forward a department designee. The grievant (or steward) shall forward a copy of the grievance to the Council. copy of the grievance to the Council.

SECTION 2 Right of Representation SECTION 2 Right of Representation An employee may choose to have the appropriate Council An employee may choose to have the appropriate Council representative present at any step of the grievance procedure. representative present at any step of the grievance procedure. Individual employees shall have the right to present grievances in Individual employees shall have the right to present grievances in person at Steps 1, 2, and 3 of the grievance procedure. person at Steps 1, 2, and 3 of the grievance procedure. 8 8 The arbitration provisions of this Agreement may only be invoked The arbitration provisions of this Agreement may only be invoked by the Council and, in the case of an employee’s grievance, by the Council and, in the case of an employee’s grievance, only with the approval of the employee. An employee shall be only with the approval of the employee. An employee shall be represented in arbitration by the Council. Any settlement reached represented in arbitration by the Council. Any settlement reached at any step of the grievance procedure shall not be inconsistent with at any step of the grievance procedure shall not be inconsistent with the provisions of this Agreement. the provisions of this Agreement.

SECTION 3 Procedure SECTION 3 Procedure All grievances must be presented promptly to the grievant’s All grievances must be presented promptly to the grievant’s immediate supervisor or, for grievances affecting more than one immediate supervisor or, for grievances affecting more than one (1) employee, to the appropriate department designee and no later (1) employee, to the appropriate department designee and no later than twenty-one (21) calendar days from the date the grievant(s) than twenty-one (21) calendar days from the date the grievant(s) first became aware of, or should have become aware of, with the first became aware of, or should have become aware of, with the exercise of reasonable diligence, the cause of such grievance; exercise of reasonable diligence, the cause of such grievance; however, under no circumstances shall a grievance be considered however, under no circumstances shall a grievance be considered timely after six (6) months from the date of occurrence. timely after six (6) months from the date of occurrence.

Step 1 Step 1 Within fourteen (14) calendar days of receipt of the written Within fourteen (14) calendar days of receipt of the written grievance from the employee or the Council representative, the grievance from the employee or the Council representative, the immediate supervisor or the appropriate department designee will immediate supervisor or the appropriate department designee will meet with the employee and the Council representative to discuss meet with the employee and the Council representative to discuss and attempt to resolve the grievance. If the parties are unable to and attempt to resolve the grievance. If the parties are unable to meet within fourteen (14) calendar days, then the grievance may meet within fourteen (14) calendar days, then the grievance may be appealed to Step 2. A written answer will be returned to the be appealed to Step 2. A written answer will be returned to the employee and the Council representative within seven (7) calendar employee and the Council representative within seven (7) calendar days of the meeting. days of the meeting.

Step 2 Step 2 If dissatisfied with the Employer’s answer in Step l, to be considered If dissatisfied with the Employer’s answer in Step l, to be considered further, the grievance must be appealed to the appropriate further, the grievance must be appealed to the appropriate department designee within fourteen (14) calendar days from receipt department designee within fourteen (14) calendar days from receipt of the answer in Step l. The appropriate department designee will of the answer in Step l. The appropriate department designee will meet with the employee and the Council representative within meet with the employee and the Council representative within fourteen (14) calendar days to discuss and attempt to resolve the fourteen (14) calendar days to discuss and attempt to resolve the grievance. A written answer will be placed on the grievance form grievance. A written answer will be placed on the grievance form following the meeting by the appropriate department designee and following the meeting by the appropriate department designee and returned to the employee and the Council representative within returned to the employee and the Council representative within seven (7) calendar days of the meeting. seven (7) calendar days of the meeting.

9 9 The parties may mutually agree to waive this step of the grievance The parties may mutually agree to waive this step of the grievance procedure and proceed directly from Step 1 to Step 3. If Step 2 is procedure and proceed directly from Step 1 to Step 3. If Step 2 is waived by mutual agreement, the Council shall have fourteen (14) waived by mutual agreement, the Council shall have fourteen (14) calendar days after the date of said agreement to appeal to Step 3. calendar days after the date of said agreement to appeal to Step 3.

Step 3 Step 3 If dissatisfied with the Employer’s answer in Step 2, to be considered If dissatisfied with the Employer’s answer in Step 2, to be considered further, the grievance must be appealed by a representative of further, the grievance must be appealed by a representative of the Council to the Director of DAS or designee within fourteen the Council to the Director of DAS or designee within fourteen (14) calendar days from receipt of the answer in Step 2. The (14) calendar days from receipt of the answer in Step 2. The DAS representative will meet with the employee and the Council DAS representative will meet with the employee and the Council representative within fourteen (14) calendar days of receipt of the representative within fourteen (14) calendar days of receipt of the appeal to discuss and attempt to resolve the grievance, or on a appeal to discuss and attempt to resolve the grievance, or on a mutually acceptable date beyond the fourteen (14) calendar days. In mutually acceptable date beyond the fourteen (14) calendar days. In order to facilitate scheduling the Step 3 hearing, the Union, the order to facilitate scheduling the Step 3 hearing, the Union, the Employer and DAS shall set aside one day per month to hear third Employer and DAS shall set aside one day per month to hear third step grievances. On grievances which do not involve suspension or step grievances. On grievances which do not involve suspension or discharge, the parties may meet via telephone conference or other discharge, the parties may meet via telephone conference or other electronic means. electronic means.

Following this meeting, the written decision will be forwarded Following this meeting, the written decision will be forwarded to the grievant and the Council representative within thirty (30) to the grievant and the Council representative within thirty (30) calendar days from the date of the grievance meeting. calendar days from the date of the grievance meeting.

Step 4 Step 4 Grievances which have not been settled under the foregoing Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via DAS within twenty- procedure may be appealed to arbitration via DAS within twenty- one (21) calendar days from the date of the answer in Step 3, or the one (21) calendar days from the date of the answer in Step 3, or the grievance will be considered ineligible for appeal to arbitration. If grievance will be considered ineligible for appeal to arbitration. If an unresolved grievance is not appealed to arbitration, it shall be an unresolved grievance is not appealed to arbitration, it shall be considered terminated on the basis of the Step 3 answer without considered terminated on the basis of the Step 3 answer without prejudice or precedent in the resolution of future grievances. The prejudice or precedent in the resolution of future grievances. The issue, together with the Section(s) alleged violated, as stated during issue, together with the Section(s) alleged violated, as stated during Step 3 shall constitute the sole and entire subject matter to be heard Step 3 shall constitute the sole and entire subject matter to be heard by the arbitrator, unless the parties mutually agree to modify the by the arbitrator, unless the parties mutually agree to modify the scope of the hearing. scope of the hearing.

10 10 Where two (2) or more grievances are appealed to arbitration, an Where two (2) or more grievances are appealed to arbitration, an effort will be made by the parties to agree upon the grievances to effort will be made by the parties to agree upon the grievances to be heard by any one (1) arbitrator. Upon receipt of the list of five be heard by any one (1) arbitrator. Upon receipt of the list of five arbitrators from PERB, the parties shall strike arbitrators until arbitrators from PERB, the parties shall strike arbitrators until one remains in alternating fashion. SPOC shall strike first and one remains in alternating fashion. SPOC shall strike first and third. The State shall strike second and fourth. The striking of third. The State shall strike second and fourth. The striking of arbitrators shall be commenced within two weeks of the receipt arbitrators shall be commenced within two weeks of the receipt of the list of arbitrators. Striking may be done in a meeting, by of the list of arbitrators. Striking may be done in a meeting, by phone, or email. If the parties strike arbitrators in a meeting or by phone, or email. If the parties strike arbitrators in a meeting or by phone then the parties shall strike until an arbitrator is selected. phone then the parties shall strike until an arbitrator is selected.

Striking-by Email: If the parties strike by email then each party Striking-by Email: If the parties strike by email then each party shall have twenty-four (24) hours to strike after receipt of email shall have twenty-four (24) hours to strike after receipt of email notice that the other party has struck. If either party fails to strike notice that the other party has struck. If either party fails to strike an arbitrator within twenty-four (24) hours of email notice then the an arbitrator within twenty-four (24) hours of email notice then the other party shall provide email notice to the parties’ designated other party shall provide email notice to the parties’ designated representative of said failure. If a party fails to strike within twenty- representative of said failure. If a party fails to strike within twenty- four (24) hours of the receipt of email notice by its designated four (24) hours of the receipt of email notice by its designated representative then the party shall lose its turn to strike. The representative then the party shall lose its turn to strike. The designated representative for DAS is DAS General Counsel. The designated representative for DAS is DAS General Counsel. The designated representative for SPOC is its President. The parties designated representative for SPOC is its President. The parties shall then continue to strike in an alternating fashion unless a party shall then continue to strike in an alternating fashion unless a party again fails to abide by the timelines set herein. again fails to abide by the timelines set herein.

The cost of the arbitrator and expenses of the hearing will be The cost of the arbitrator and expenses of the hearing will be shared equally by the parties. A court reporter may be requested shared equally by the parties. A court reporter may be requested by either party and shall be paid by the requesting party. Both by either party and shall be paid by the requesting party. Both parties may agree to share the expenses of a court reporter. Except parties may agree to share the expenses of a court reporter. Except as hereinafter provided, each of the parties shall bear the cost of as hereinafter provided, each of the parties shall bear the cost of their own witnesses. their own witnesses.

Arbitration decisions must be rendered within thirty (30) calendar Arbitration decisions must be rendered within thirty (30) calendar days of the close of the record. The arbitrator will have no authority days of the close of the record. The arbitrator will have no authority to add to, subtract from, alter, amend or modify any provisions of to add to, subtract from, alter, amend or modify any provisions of this Agreement or impose on either the Employer or the Council this Agreement or impose on either the Employer or the Council any limitation or obligation not specifically provided for under the any limitation or obligation not specifically provided for under the terms of this Agreement. The decision of the arbitrator shall be terms of this Agreement. The decision of the arbitrator shall be final and binding on both parties of this Agreement, provided such final and binding on both parties of this Agreement, provided such decision does not exceed the arbitrator’s jurisdiction or authority. decision does not exceed the arbitrator’s jurisdiction or authority.

11 11 The Employer shall have the option of selecting the location of one The Employer shall have the option of selecting the location of one (1) disciplinary arbitration each year of this Agreement. All other (1) disciplinary arbitration each year of this Agreement. All other arbitrations shall be held in Des Moines unless otherwise mutually arbitrations shall be held in Des Moines unless otherwise mutually agreed. agreed.

The parties will attempt to give priority to grievances involving The parties will attempt to give priority to grievances involving discharge from employment. discharge from employment.

SECTION 4 Time Limits SECTION 4 Time Limits Grievances not appealed within the designated time limits at any Grievances not appealed within the designated time limits at any step of the grievance process will be considered as having been step of the grievance process will be considered as having been adjudicated on the basis of the last preceding answer, without adjudicated on the basis of the last preceding answer, without prejudice or precedent in any subsequent grievance. prejudice or precedent in any subsequent grievance.

The parties acknowledge the grievance procedure as a problem The parties acknowledge the grievance procedure as a problem resolution process and will make every effort to ensure that resolution process and will make every effort to ensure that grievances are processed in a timely manner. The failure of the grievances are processed in a timely manner. The failure of the Employer to timely respond to a grievance filing or to schedule a Employer to timely respond to a grievance filing or to schedule a grievance meeting per the contractual procedures, without prior grievance meeting per the contractual procedures, without prior agreement of the Council to extend the time for processing, will agreement of the Council to extend the time for processing, will constitute a denial of the grievance and automatic appeal to the next constitute a denial of the grievance and automatic appeal to the next step in the grievance procedure. step in the grievance procedure.

Grievances may be appealed to the next higher step within fourteen Grievances may be appealed to the next higher step within fourteen (14) calendar days of the expiration of the designated time limits, (14) calendar days of the expiration of the designated time limits, except when appealed from Step 3 to Step 4, in which case, the except when appealed from Step 3 to Step 4, in which case, the appeal will be considered timely if filed within twenty-one (21) appeal will be considered timely if filed within twenty-one (21) days of the expiration of the designated time limits. The parties days of the expiration of the designated time limits. The parties may mutually agree in writing to modify the time limits in any step may mutually agree in writing to modify the time limits in any step of the grievance procedure. of the grievance procedure.

The mailing of the grievance form shall constitute a timely appeal The mailing of the grievance form shall constitute a timely appeal if postmarked within the appeal period. Transmission of a facsimile if postmarked within the appeal period. Transmission of a facsimile or e-mail document shall be an acceptable means of communication or e-mail document shall be an acceptable means of communication for all requirements of this Article provided the facsimile or e-mail for all requirements of this Article provided the facsimile or e-mail contains a date and time header. A transmission/reception report contains a date and time header. A transmission/reception report printed by the facsimile machine or a completed delivery notice shall printed by the facsimile machine or a completed delivery notice shall

12 12 be sufficient proof of the transmission. Both parties will provide the be sufficient proof of the transmission. Both parties will provide the other with lists of designated representatives and addresses. other with lists of designated representatives and addresses.

When a grievance is appealed to arbitration via the Human When a grievance is appealed to arbitration via the Human Resources Enterprise, the parties will make every effort to schedule Resources Enterprise, the parties will make every effort to schedule the date of the arbitration hearing within one hundred eighty (180) the date of the arbitration hearing within one hundred eighty (180) calendar days, or one hundred twenty (120) calendar days for a calendar days, or one hundred twenty (120) calendar days for a discharge grievance, from the date the grievance was appealed to discharge grievance, from the date the grievance was appealed to arbitration. However, in order to be eligible for arbitration, the date arbitration. However, in order to be eligible for arbitration, the date for the hearing will be no more than two hundred seventy (270) for the hearing will be no more than two hundred seventy (270) calendar days from the date of the appeal to arbitration. calendar days from the date of the appeal to arbitration.

SECTION 5 Retroactivity SECTION 5 Retroactivity Settlement of grievances may or may not be retroactive as equities Settlement of grievances may or may not be retroactive as equities of a particular case or cases may demand. If it is determined that of a particular case or cases may demand. If it is determined that the award should be applied retroactively, the maximum period the award should be applied retroactively, the maximum period of retroactivity allowed shall be a date not earlier than thirty (30) of retroactivity allowed shall be a date not earlier than thirty (30) calendar days prior to the date of initiation of the written grievance calendar days prior to the date of initiation of the written grievance in Step l. However, retroactivity of up to six (6) months may be in Step l. However, retroactivity of up to six (6) months may be applied by the arbitrator if the award involves the nonpayment of applied by the arbitrator if the award involves the nonpayment of any wages or fringe benefits to any employee and if the arbitrator any wages or fringe benefits to any employee and if the arbitrator specifically finds that the employee and/or the Council did not have specifically finds that the employee and/or the Council did not have knowledge of such violation previous to the initiation date of the knowledge of such violation previous to the initiation date of the written grievance. written grievance.

SECTION 6 Exclusive Procedure SECTION 6 Exclusive Procedure The grievance procedure set out above shall be exclusive and The grievance procedure set out above shall be exclusive and shall replace any other grievance procedure for adjustment of any shall replace any other grievance procedure for adjustment of any disputes arising from the application and interpretation of this disputes arising from the application and interpretation of this Agreement. Agreement.

SECTION 7 Number of Stewards SECTION 7 Number of Stewards The Council may designate grievance representatives who are The Council may designate grievance representatives who are members of the bargaining unit. The Council shall provide the members of the bargaining unit. The Council shall provide the Human Resources Enterprise with a list of grievance representatives Human Resources Enterprise with a list of grievance representatives which shall include the name, address, telephone number, and which shall include the name, address, telephone number, and sub-organization of each representative at least annually or as sub-organization of each representative at least annually or as representatives change. The Employer will supply the Council with representatives change. The Employer will supply the Council with 13 13 a list of the immediate supervisors to be contacted on grievance a list of the immediate supervisors to be contacted on grievance matters. matters.

SECTION 8 Processing Grievances SECTION 8 Processing Grievances Council representatives who are members of the bargaining unit Council representatives who are members of the bargaining unit and grievants will receive their regular rate of pay for time spent and grievants will receive their regular rate of pay for time spent in grievance meetings with management which are held during in grievance meetings with management which are held during their regularly scheduled hours of employment. The Employer their regularly scheduled hours of employment. The Employer is not responsible for compensation of employees for processing is not responsible for compensation of employees for processing grievances outside of regularly scheduled work hours. Only one grievances outside of regularly scheduled work hours. Only one (1) local Council grievance representative will be in pay status for (1) local Council grievance representative will be in pay status for any one (1) grievance. any one (1) grievance.

Further, in a group grievance, only one (1) of the grievants shall Further, in a group grievance, only one (1) of the grievants shall be in pay status as spokesperson for the group. The Council will be in pay status as spokesperson for the group. The Council will designate the group grievant in pay status. (Group grievances are designate the group grievant in pay status. (Group grievances are defined as, and limited to, those grievances which cover more than defined as, and limited to, those grievances which cover more than one (1) employee, and which involve like circumstances and facts one (1) employee, and which involve like circumstances and facts for the grievants involved.) for the grievants involved.)

The Employer is not responsible for any travel or subsistence The Employer is not responsible for any travel or subsistence expenses incurred by grievants or Council representatives in expenses incurred by grievants or Council representatives in the processing of grievances. The Employer agrees to schedule the processing of grievances. The Employer agrees to schedule grievance meetings during the grievant’s shift unless an alternate grievance meetings during the grievant’s shift unless an alternate meeting is mutually agreed upon. meeting is mutually agreed upon.

SECTION 9 Use of State Facilities SECTION 9 Use of State Facilities The grievant and the Council representatives shall be allowed to use The grievant and the Council representatives shall be allowed to use a State vehicle to attend scheduled grievance hearings or meetings. a State vehicle to attend scheduled grievance hearings or meetings.

In the processing of grievances, employees, by obtaining prior In the processing of grievances, employees, by obtaining prior approval from their supervisor and during non-work time, shall be approval from their supervisor and during non-work time, shall be allowed reasonable use of the Employer’s computers, duplicating allowed reasonable use of the Employer’s computers, duplicating equipment and other items mutually agreed upon. equipment and other items mutually agreed upon.

SECTION 10 Discipline and Discharge SECTION 10 Discipline and Discharge The parties recognize the authority of the Employer to suspend, The parties recognize the authority of the Employer to suspend, discharge, or take other appropriate disciplinary action against discharge, or take other appropriate disciplinary action against 14 14 employees for just cause. When an employee is disciplined, the employees for just cause. When an employee is disciplined, the Employer will state in writing the violation and the manner in Employer will state in writing the violation and the manner in which the violation occurred. An employee who alleges that which the violation occurred. An employee who alleges that such action was not based on just cause may appeal a suspension such action was not based on just cause may appeal a suspension or discharge, taken by the Employer beginning with Step 3 of the or discharge, taken by the Employer beginning with Step 3 of the grievance procedure. Written reprimands shall begin with Step 1 grievance procedure. Written reprimands shall begin with Step 1 of the grievance procedure. of the grievance procedure.

There shall be no suspension of an employee which results in a loss of There shall be no suspension of an employee which results in a loss of pay or benefits until an initial investigation has been conducted. No pay or benefits until an initial investigation has been conducted. No employee shall incur a loss of pay until such disciplinary action employee shall incur a loss of pay until such disciplinary action is approved by either the Patrol Area Commander, Division of is approved by either the Patrol Area Commander, Division of Criminal Investigation Assistant Director, Fire Marshal, Director Criminal Investigation Assistant Director, Fire Marshal, Director of Division of Narcotics Enforcement of the Department of Public of Division of Narcotics Enforcement of the Department of Public Safety, or Chief of Bureau of Law Enforcement, Chief of Field Safety, or Chief of Bureau of Law Enforcement, Chief of Field Operations, Department of Natural Resources, or in their absence Operations, Department of Natural Resources, or in their absence a supervisor of equal or higher position within the Agency. The a supervisor of equal or higher position within the Agency. The Employer reserves the right to suspend an employee with pay Employer reserves the right to suspend an employee with pay pending the outcome of the initial investigation. Any disciplinary pending the outcome of the initial investigation. Any disciplinary action or measure imposed upon an employee may be processed as action or measure imposed upon an employee may be processed as a grievance through the grievance procedure. An Employer shall a grievance through the grievance procedure. An Employer shall not discipline an employee without just cause, recognizing and not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. considering progressive discipline where applicable.

The Council shall receive written notice of any disciplinary action The Council shall receive written notice of any disciplinary action imposed upon an employee within five (5) working days of the time imposed upon an employee within five (5) working days of the time such action is taken. The Council shall designate one (1) address such action is taken. The Council shall designate one (1) address for the life of the Agreement to which such notice shall be sent. for the life of the Agreement to which such notice shall be sent.

The Employer recognizes the Officers Bill of Rights (Iowa Code The Employer recognizes the Officers Bill of Rights (Iowa Code Section 80F.1). Nothing contained herein is intended to be in Section 80F.1). Nothing contained herein is intended to be in conflict with that statute and the parties recognize that the statute conflict with that statute and the parties recognize that the statute takes precedence. The parties agree that an officer shall be notified takes precedence. The parties agree that an officer shall be notified in writing when a formal investigation is commenced. The nature in writing when a formal investigation is commenced. The nature and origin of the charge will be provided in said notice. Should the and origin of the charge will be provided in said notice. Should the investigation include an interview of the officer being investigated, investigation include an interview of the officer being investigated, then the officer and the Council shall receive a written summary of then the officer and the Council shall receive a written summary of the investigation prior to the interview. the investigation prior to the interview. 15 15 SECTION 11 Reduction of Wages SECTION 11 Reduction of Wages When the Employer establishes that a violation of an attendance When the Employer establishes that a violation of an attendance policy exists, within pay grade reductions may be imposed. Such policy exists, within pay grade reductions may be imposed. Such reductions shall be a step in the corrective discipline process and reductions shall be a step in the corrective discipline process and shall be imposed in lieu of pay loss resulting from suspension. Such shall be imposed in lieu of pay loss resulting from suspension. Such reductions shall be grievable pursuant to Article IV and shall reductions shall be grievable pursuant to Article IV and shall be subject to a just cause standard. Attendance policies shall be be subject to a just cause standard. Attendance policies shall be considered a work rule as referenced in Article XI, Section 1. considered a work rule as referenced in Article XI, Section 1.

SECTION 12 Exclusion of Probationary Employees SECTION 12 Exclusion of Probationary Employees Notwithstanding Section 10 above, nor any other provision(s) of Notwithstanding Section 10 above, nor any other provision(s) of this Agreement, the release of probationary employees shall not be this Agreement, the release of probationary employees shall not be subject to the grievance procedure. subject to the grievance procedure.

ARTICLE V ARTICLE V SENIORITY SENIORITY SECTION 1 Definition SECTION 1 Definition Seniority shall be determined by the date of original appointment Seniority shall be determined by the date of original appointment to a permanent position with the State of Iowa; that is, the to a permanent position with the State of Iowa; that is, the employee with the earliest date shall be considered as having the employee with the earliest date shall be considered as having the greatest seniority. Such seniority will be changed only where the greatest seniority. Such seniority will be changed only where the employee is separated from state service by discharge, resignation, employee is separated from state service by discharge, resignation, or layoff. Where separation has occurred and the employee is or layoff. Where separation has occurred and the employee is subsequently rehired, the date of rehire will begin the seniority date. subsequently rehired, the date of rehire will begin the seniority date.

Where the employee is laid off and recalled within eighteen (18) Where the employee is laid off and recalled within eighteen (18) months thereof, he or she shall retain his or her original date of months thereof, he or she shall retain his or her original date of employment for the computation of seniority adjusted for the time employment for the computation of seniority adjusted for the time he or she was off. he or she was off.

In the event two (2) or more employees have the same original In the event two (2) or more employees have the same original date of employment, seniority of one as against the other shall be date of employment, seniority of one as against the other shall be determined by the last four (4) numbers of the affected employees’ determined by the last four (4) numbers of the affected employees’ social security numbers, with the employee having the lowest four social security numbers, with the employee having the lowest four (4) digit number being considered as having the greatest seniority. (4) digit number being considered as having the greatest seniority.

16 16 Management will be required to apply seniority as defined above Management will be required to apply seniority as defined above only as specifically provided in this Agreement and subject to any only as specifically provided in this Agreement and subject to any limitations set forth in any particular Article or Section of this limitations set forth in any particular Article or Section of this Agreement. Agreement.

Notwithstanding the foregoing, for purposes of Layoff Procedure, Notwithstanding the foregoing, for purposes of Layoff Procedure, Article VI; and Transfers, Article VII; and Hours of Work, Article Article VI; and Transfers, Article VII; and Hours of Work, Article VIII; seniority shall be determined as the employee’s length of VIII; seniority shall be determined as the employee’s length of service with the Employer in a peace officer classification within service with the Employer in a peace officer classification within the Department. the Department.

SECTION 2 Seniority Lists SECTION 2 Seniority Lists The Employer shall prepare and maintain seniority lists as defined The Employer shall prepare and maintain seniority lists as defined in this Article in Section 1. The lists shall be updated semiannually in this Article in Section 1. The lists shall be updated semiannually and contain each employee’s name, classification and seniority and contain each employee’s name, classification and seniority date. A copy of said lists shall be provided to the Council upon date. A copy of said lists shall be provided to the Council upon request but not more than two (2) copies per Agreement year. request but not more than two (2) copies per Agreement year.

ARTICLE VI ARTICLE VI LAYOFF PROCEDURE LAYOFF PROCEDURE SECTION 1 Application of Layoff SECTION 1 Application of Layoff The Council recognizes the right of Management to lay off or to The Council recognizes the right of Management to lay off or to reduce the hours of employment in accordance with the procedures reduce the hours of employment in accordance with the procedures set forth in this Article, except that such procedures shall not apply to set forth in this Article, except that such procedures shall not apply to any temporary layoff of less than twenty (20) consecutive calendar any temporary layoff of less than twenty (20) consecutive calendar days. In such cases, employees will be laid off by seniority within days. In such cases, employees will be laid off by seniority within classification and organizational unit. classification and organizational unit.

SECTION 2 General Layoff Procedures SECTION 2 General Layoff Procedures When a layoff occurs, the following general rules shall apply: When a layoff occurs, the following general rules shall apply: A. Layoff shall be by classification as set forth in Article II, A. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit. Recognition and Union Security, Section 1, Bargaining Unit. B. Layoff may be by organizational unit of an agency or agency- B. Layoff may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by the organizational unit will be no smaller than as follows: by

17 17 district for State Patrol, Division of Criminal Investigation, district for State Patrol, Division of Criminal Investigation, Fire Marshal, Division of Narcotics Enforcement, and Fire Marshal, Division of Narcotics Enforcement, and Department of Natural Resources. Department of Natural Resources. C. Each employee affected by a reduction in force shall be C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice. budgetary limitations require a lesser period of notice. D. Affected employees shall be laid off in accordance with D. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3. subject to the grievance procedure commencing at Step 3. E. A permanent employee in a classification in which layoffs E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, bump another less senior employee in the bargaining unit, to be exhausted in the following order: to be exhausted in the following order: 1. To the same classification within the same division; 1. To the same classification within the same division; 2. To the same classification within a different division; 2. To the same classification within a different division; 3. To a classification which the employee has formerly 3. To a classification which the employee has formerly occupied while in the continuous employment of the occupied while in the continuous employment of the agency, provided the employee meets the qualifications agency, provided the employee meets the qualifications and has left the formerly occupied classification in good and has left the formerly occupied classification in good standing; standing; 4. To a lower classification in the bargaining unit in the 4. To a lower classification in the bargaining unit in the same department, provided the employee meets the same department, provided the employee meets the qualifications. qualifications.

After the employee has elected to bump, the assignment in the After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not writing, of such election which must be received or postmarked not 18 18 later than five (5) calendar days after receiving notice of layoff. Any later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have permanent employee displaced under these provisions shall have the right of election as provided herein. the right of election as provided herein.

An employee who elects to bump in accordance with option 1 An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. on file for that district for a period of eighteen (18) months.

Any employee who elects to bump to a different classification or the Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. of such layoff because of a reduction in force.

The names of employees laid off by an Appointing Authority shall The names of employees laid off by an Appointing Authority shall be placed on eligible lists. be placed on eligible lists.

The name of a permanent employee shall be placed on the recall list The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. for the class from which he or she is laid off.

Except as provided in Article VI, Section 4, failure to accept a position Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority. considered as a voluntary resignation for purposes of seniority.

19 19 SECTION 3 Voluntary Layoff SECTION 3 Voluntary Layoff In the event the Employer plans to or will lay off employees covered In the event the Employer plans to or will lay off employees covered by this Agreement, the Employer agrees to allow other employees by this Agreement, the Employer agrees to allow other employees in the same job classification to volunteer for such layoff. If any in the same job classification to volunteer for such layoff. If any employees volunteer, they shall be laid off in order of seniority. The employees volunteer, they shall be laid off in order of seniority. The provisions for bumping contained in the Article shall not apply to provisions for bumping contained in the Article shall not apply to such volunteering employees. such volunteering employees.

Any voluntary layoff shall be for a period of at least one (1) year, Any voluntary layoff shall be for a period of at least one (1) year, unless recalled earlier by the Employer. The employee shall retain unless recalled earlier by the Employer. The employee shall retain full seniority rights during such voluntary layoff, and other benefits full seniority rights during such voluntary layoff, and other benefits previously accrued, but shall not accrue additional benefits while previously accrued, but shall not accrue additional benefits while on layoff status. on layoff status.

SECTION 4 Inability to Accept a Position SECTION 4 Inability to Accept a Position If an employee with a disability, as defined in the Americans With If an employee with a disability, as defined in the Americans With Disabilities Act of 1990 and the ADA Amendments Act of 2008, is Disabilities Act of 1990 and the ADA Amendments Act of 2008, is ineligible to bump or accept reinstatement or recall because of the ineligible to bump or accept reinstatement or recall because of the inability, with or without a reasonable accommodation, to perform inability, with or without a reasonable accommodation, to perform the essential functions of the job to which the employee is reinstated the essential functions of the job to which the employee is reinstated or recalled or to which the employee elects to bump, the employee or recalled or to which the employee elects to bump, the employee will be placed on the recall list without prejudice to the employee’s will be placed on the recall list without prejudice to the employee’s right of recall provided above right of recall provided above

ARTICLE VII ARTICLE VII TRANSFERS TRANSFERS SECTION 1 Transfer Requests SECTION 1 Transfer Requests Employees who have permanent status, and who desire to transfer Employees who have permanent status, and who desire to transfer to a posted position within their department, shall file a written to a posted position within their department, shall file a written request indicating that interest with the Office of the Commissioner request indicating that interest with the Office of the Commissioner for the Department of Public Safety’s posted positions and with for the Department of Public Safety’s posted positions and with the Bureau Chief for the Department of Natural Resources’ posted the Bureau Chief for the Department of Natural Resources’ posted positions. Any employee that will be on approved extended leave positions. Any employee that will be on approved extended leave of fourteen (14) calendar days or more may file a transfer request of fourteen (14) calendar days or more may file a transfer request that will remain on file for the duration of the employee’s approved that will remain on file for the duration of the employee’s approved extended leave. extended leave.

20 20 The applications of the procedures in this Article shall be limited to The applications of the procedures in this Article shall be limited to a maximum of two (2) transfers resulting from any given original a maximum of two (2) transfers resulting from any given original vacancy. vacancy.

Employees eligible for transfer may not transfer under the Employees eligible for transfer may not transfer under the provisions of this Article more often than once every twelve (12) provisions of this Article more often than once every twelve (12) months. Employees not eligible for transfer, due to this twelve (12) months. Employees not eligible for transfer, due to this twelve (12) month restriction or due to probationary status, shall be eligible to month restriction or due to probationary status, shall be eligible to apply for vacancies that are posted before the twelve (12) month apply for vacancies that are posted before the twelve (12) month period or probationary status ends. However, the employee may not period or probationary status ends. However, the employee may not actually transfer to that position before the twelve (12) month period actually transfer to that position before the twelve (12) month period ends or probationary status ends unless mutually agreed upon. ends or probationary status ends unless mutually agreed upon.

Notwithstanding the provisions of this Article, if an employee is Notwithstanding the provisions of this Article, if an employee is transferred, promoted or reassigned, and their spouse, if also a transferred, promoted or reassigned, and their spouse, if also a peace officer, requests a transfer, the Employer may give preferential peace officer, requests a transfer, the Employer may give preferential treatment to the spouse’s geographic transfer request without regard treatment to the spouse’s geographic transfer request without regard to seniority providing two (2) vacancies exist. to seniority providing two (2) vacancies exist.

SECTION 2 Vacancies SECTION 2 Vacancies For purposes of this Article, a vacancy is created: For purposes of this Article, a vacancy is created: 1. When there is an increase in the work force or the duties of 1. When there is an increase in the work force or the duties of a position are substantially different or a position involves a position are substantially different or a position involves a different geographic location; a different geographic location; 2. When any of the following personnel transactions take 2. When any of the following personnel transactions take place and the Employer decides to replace the previous place and the Employer decides to replace the previous incumbent: termination, transfer within or out of the incumbent: termination, transfer within or out of the bargaining unit, promotion, reassignment, or demotion; bargaining unit, promotion, reassignment, or demotion; 3. When a decrease in the work force occurs and the Employer 3. When a decrease in the work force occurs and the Employer reassigns one (1) or more employees; reassigns one (1) or more employees; 4. When no employee has indicated a desire to transfer to a 4. When no employee has indicated a desire to transfer to a vacancy and the Employer fills such vacancy by reassignment vacancy and the Employer fills such vacancy by reassignment and determines that the vacated position is to be filled; and determines that the vacated position is to be filled; 5. By transfers within the bargaining unit resulting from 1, 2, 5. By transfers within the bargaining unit resulting from 1, 2, 3, or 4 above. 3, or 4 above. 21 21 SECTION 3 Filling Vacancies SECTION 3 Filling Vacancies When a vacancy is created in the bargaining unit, the Employer When a vacancy is created in the bargaining unit, the Employer agrees to provide notice by e-mail to all bargaining unit employees agrees to provide notice by e-mail to all bargaining unit employees at least fourteen (14) calendar days prior to filling the vacancy. Such at least fourteen (14) calendar days prior to filling the vacancy. Such notice will include the following as applicable: a) classification, notice will include the following as applicable: a) classification, b) division, and c) location. The Department of Public Safety b) division, and c) location. The Department of Public Safety vacancies will be posted via the Department’s website. vacancies will be posted via the Department’s website.

A. The Employer will review those requests on file from any A. The Employer will review those requests on file from any employee in the same classification as the vacancy who has employee in the same classification as the vacancy who has indicated an interest in the specific assignment, shift or indicated an interest in the specific assignment, shift or location of the vacancy. location of the vacancy. In making a selection, the Employer will take into In making a selection, the Employer will take into consideration ability, job requirements, operational consideration ability, job requirements, operational efficiency and seniority. If the senior employee’s transfer efficiency and seniority. If the senior employee’s transfer request is denied, the reason(s) for such denial will be request is denied, the reason(s) for such denial will be provided in writing to the affected employee(s) upon provided in writing to the affected employee(s) upon request. Any employee who is selected for transfer shall request. Any employee who is selected for transfer shall have three (3) work days in which to decline the offer. have three (3) work days in which to decline the offer. B. In the event that the vacancy is not filled by transfer of an B. In the event that the vacancy is not filled by transfer of an employee in the same classification as the vacancy, the employee in the same classification as the vacancy, the Employer will review and consider interested bargaining Employer will review and consider interested bargaining unit employees within the Department. unit employees within the Department. C. In the event that the vacancy is not filled by transfer within C. In the event that the vacancy is not filled by transfer within the Department, the Employer shall consider interested the Department, the Employer shall consider interested employees in other classifications who possess the employees in other classifications who possess the necessary training and ability to perform the job along with necessary training and ability to perform the job along with other applicants. other applicants. Should the vacancy be filled by an employee in a Should the vacancy be filled by an employee in a different job classification with a higher rate of pay, and different job classification with a higher rate of pay, and that employee’s salary exceeds the maximum pay for the that employee’s salary exceeds the maximum pay for the assigned job class, the salary of the employee will be red- assigned job class, the salary of the employee will be red- circled for a period not to exceed two (2) years. circled for a period not to exceed two (2) years. Should the vacancy be filled by an employee in a different Should the vacancy be filled by an employee in a different job classification with a rate of pay that is lower than the job classification with a rate of pay that is lower than the 22 22 current classification, i.e. a promotion, the salary of the current classification, i.e. a promotion, the salary of the employee will be adjusted to either the minimum of the employee will be adjusted to either the minimum of the classification to which the employee promotes or by the classification to which the employee promotes or by the current step percentage, whichever is greater. current step percentage, whichever is greater. D. In the event the vacancy is not filled by a current employee, D. In the event the vacancy is not filled by a current employee, the employee shall commence employment at the minimum the employee shall commence employment at the minimum of the appropriate salary schedule. However, if the parties of the appropriate salary schedule. However, if the parties agree that extenuating circumstances exist, new hires may agree that extenuating circumstances exist, new hires may be granted a rate in excess of the minimum established by be granted a rate in excess of the minimum established by the salary schedules. A written record of the justification the salary schedules. A written record of the justification for the advanced rate will be retained in the employee’s for the advanced rate will be retained in the employee’s personnel file. personnel file.

SECTION 4 Reassignments SECTION 4 Reassignments The Council recognizes the right of management to reassign The Council recognizes the right of management to reassign employees to meet the operational and staffing needs of the employees to meet the operational and staffing needs of the department. The Employer agrees that such reassignments shall department. The Employer agrees that such reassignments shall not be made arbitrarily. A reassignment under this section shall not be made arbitrarily. A reassignment under this section shall include transferring an employee to a different position within the include transferring an employee to a different position within the same classification, whether or not there is a current opening due same classification, whether or not there is a current opening due to a decrease in funding which would have led to the layoff of that to a decrease in funding which would have led to the layoff of that employee absent a reassignment. employee absent a reassignment.

SECTION 5 Moving Expenses SECTION 5 Moving Expenses The Employer shall not be obligated for the payment of moving The Employer shall not be obligated for the payment of moving expenses for employees transferring under the provisions of expenses for employees transferring under the provisions of this Article except in the event an employee is reassigned by this Article except in the event an employee is reassigned by management. Any moving expenses incurred shall be reimbursed management. Any moving expenses incurred shall be reimbursed in accordance with the rules and regulations of the Department of in accordance with the rules and regulations of the Department of Administrative Services – State Accounting Enterprise. Administrative Services – State Accounting Enterprise.

SECTION 6 Notice SECTION 6 Notice Notwithstanding the above, in either voluntary transfer or Notwithstanding the above, in either voluntary transfer or reassignment by the Employer where a change in official domicile reassignment by the Employer where a change in official domicile is required, the employee shall have a minimum of fifteen is required, the employee shall have a minimum of fifteen (15) calendar days notice prior to reporting to the new work (15) calendar days notice prior to reporting to the new work location. This requirement may be waived by mutual agreement location. This requirement may be waived by mutual agreement between the Employer and the employee. between the Employer and the employee.

23 23 ARTICLE VIII ARTICLE VIII HOURS OF WORK HOURS OF WORK SECTION 1 Work Schedules (General) SECTION 1 Work Schedules (General) Work schedules are defined as an employee’s assigned hours, days Work schedules are defined as an employee’s assigned hours, days of the week, days off, and shift rotations. Nothing herein shall be of the week, days off, and shift rotations. Nothing herein shall be construed as a guarantee of the number of hours of work per day or construed as a guarantee of the number of hours of work per day or per work period. Only time actually worked shall be considered for per work period. Only time actually worked shall be considered for purposes of computing overtime eligibility. purposes of computing overtime eligibility.

In those departments where work schedules are posted, changes In those departments where work schedules are posted, changes in such posted work schedules shall be made only to meet in such posted work schedules shall be made only to meet the operational needs of the service and shall not be made the operational needs of the service and shall not be made arbitrarily. Insofar as possible, a minimum of five (5) calendar days arbitrarily. Insofar as possible, a minimum of five (5) calendar days notice will be provided to employees affected by a change in the notice will be provided to employees affected by a change in the posted work schedule. Said notice will include the reason for the posted work schedule. Said notice will include the reason for the change in work schedule with sufficient detail to establish that the change in work schedule with sufficient detail to establish that the change was neither arbitrarily made nor made in an effort to avoid change was neither arbitrarily made nor made in an effort to avoid the payment of overtime. the payment of overtime.

SECTION 2 State Troopers SECTION 2 State Troopers A. Work Schedules A. Work Schedules The Trooper work schedules shall be nine (9) hours in The Trooper work schedules shall be nine (9) hours in length. Schedules shall be five (5) days on, three (3) days off, five length. Schedules shall be five (5) days on, three (3) days off, five (5) days on, three (3) days off, five (5) nights on, three (3) nights (5) days on, three (3) days off, five (5) nights on, three (3) nights off, five (5) nights on, three (3) nights off. Day shift hours shall off, five (5) nights on, three (3) nights off. Day shift hours shall be between 0600-1700. Night shift hours shall be between 1500- be between 0600-1700. Night shift hours shall be between 1500- 0200. Midnight shift hours shall be between 2100-0700. In 0200. Midnight shift hours shall be between 2100-0700. In addition to this schedule, employees will work an additional three addition to this schedule, employees will work an additional three (3) nine (9) hour shifts in each year of the Agreement. These three (3) nine (9) hour shifts in each year of the Agreement. These three (3) additional nine (9) hour shifts will be scheduled at the discretion (3) additional nine (9) hour shifts will be scheduled at the discretion of the Employer; however, no more than one (1) of the three (3) of the Employer; however, no more than one (1) of the three (3) shifts will be scheduled on Saturday or Sunday. These three (3) shifts will be scheduled on Saturday or Sunday. These three (3) additional nine (9) hour shifts shall be used for training, meetings, additional nine (9) hour shifts shall be used for training, meetings, or to meet operational needs (which shall not be arbitrary and shall or to meet operational needs (which shall not be arbitrary and shall be communicated to the employee). These three (3) additional nine be communicated to the employee). These three (3) additional nine (9) hour shifts will be scheduled and used prior to, or in lieu of, the (9) hour shifts will be scheduled and used prior to, or in lieu of, the Employer reassigning any days off for a Trooper. Employer reassigning any days off for a Trooper.

24 24 Employees will be required to take leave equivalent to the number Employees will be required to take leave equivalent to the number of scheduled hours. of scheduled hours.

The present work schedules, including assigned work days, lost The present work schedules, including assigned work days, lost days off, and pick days, for Technical Accident Investigators days off, and pick days, for Technical Accident Investigators assigned to Headquarters, Safety Education Officers, Vehicle Theft assigned to Headquarters, Safety Education Officers, Vehicle Theft Officers, Motor Carrier Safety Assistance Program Troopers and Officers, Motor Carrier Safety Assistance Program Troopers and Trooper-Pilots shall be retained. Trooper-Pilots shall be retained.

With the exception of emergency need, Troopers with service of With the exception of emergency need, Troopers with service of twenty-two (22) years or more with the Employer as a peace officer twenty-two (22) years or more with the Employer as a peace officer shall not be required to work between the hours of 0200-0600, and shall not be required to work between the hours of 0200-0600, and Troopers with service of twenty-five (25) years or more with the Troopers with service of twenty-five (25) years or more with the Employer as a peace officer shall not be required to work between Employer as a peace officer shall not be required to work between the hours of 0100-0600. the hours of 0100-0600.

Troopers assigned to Post 16, except for staff assigned to the Troopers assigned to Post 16, except for staff assigned to the Governor’s Security Detail, will be assigned to a five (5) day on Governor’s Security Detail, will be assigned to a five (5) day on two (2) day off schedule, on a four (4) month rotation, with shifts two (2) day off schedule, on a four (4) month rotation, with shifts of eight (8) hours. The initial rotation will allow the three (3) of eight (8) hours. The initial rotation will allow the three (3) most senior Troopers assigned to Post 16 their election of shift and most senior Troopers assigned to Post 16 their election of shift and rotation assignment, and the remaining shift and rotation schedule rotation assignment, and the remaining shift and rotation schedule shall be determined based on seniority. Schedules (shift and days shall be determined based on seniority. Schedules (shift and days off ) shall be selected and determined based on seniority as a peace off ) shall be selected and determined based on seniority as a peace officer, with the most senior Trooper having first selection, the officer, with the most senior Trooper having first selection, the next senior Trooper having next selection and so on until the least next senior Trooper having next selection and so on until the least senior Trooper has the last selection. Schedules shall be rebid, in senior Trooper has the last selection. Schedules shall be rebid, in accordance with the above, when staffing or personnel changes accordance with the above, when staffing or personnel changes occur, but no more often than every four (4) months. occur, but no more often than every four (4) months.

An employee may request to change his/her day or night rotating An employee may request to change his/her day or night rotating schedule to straight midnights retaining the 5-3, 5-3, 5-3, 5-3 State schedule to straight midnights retaining the 5-3, 5-3, 5-3, 5-3 State Trooper 2 work schedule or the 5-2, 5-2, 5-2, 5-2 Post 16 work Trooper 2 work schedule or the 5-2, 5-2, 5-2, 5-2 Post 16 work schedule. The request will be in writing, detailing a specific schedule. The request will be in writing, detailing a specific stated purpose, needs and expectations. Such requests will be stated purpose, needs and expectations. Such requests will be approved by the affected District and Area Commanders. When approved by the affected District and Area Commanders. When the Employer or employee gives at least thirty-two (32) days written the Employer or employee gives at least thirty-two (32) days written notice, an employee shall be allowed to re-enter the normal work notice, an employee shall be allowed to re-enter the normal work schedule rotation at the beginning of the following schedule period. schedule rotation at the beginning of the following schedule period. 25 25 The Iowa State Patrol has assembled a Special Enforcement Team of The Iowa State Patrol has assembled a Special Enforcement Team of State Troopers with the goal of removing drugs from the highways State Troopers with the goal of removing drugs from the highways of Iowa. To meet the operational needs of removing drugs from of Iowa. To meet the operational needs of removing drugs from the highways of Iowa throughout the State, State Troopers assigned the highways of Iowa throughout the State, State Troopers assigned full-time to the Special Enforcement Team shall continue to full-time to the Special Enforcement Team shall continue to work the current flex schedule. Hours worked in excess of forty work the current flex schedule. Hours worked in excess of forty (40) hours per work week, excluding time spent for meal periods, (40) hours per work week, excluding time spent for meal periods, shall be considered overtime. Overtime shall be compensated in shall be considered overtime. Overtime shall be compensated in accordance with Article VIII (Hours of Work), Section 2 (State accordance with Article VIII (Hours of Work), Section 2 (State Troopers), Subsection B (Overtime). Troopers), Subsection B (Overtime).

B. Overtime B. Overtime Hours worked in excess of assigned shifts or hours worked less Hours worked in excess of assigned shifts or hours worked less than a full shift on a regularly scheduled day off shall be considered than a full shift on a regularly scheduled day off shall be considered overtime. If an employee is called on a regularly scheduled day off overtime. If an employee is called on a regularly scheduled day off and ordered to work on that day, all hours actually worked shall and ordered to work on that day, all hours actually worked shall be considered overtime. Insofar as possible, a minimum of five (5) be considered overtime. Insofar as possible, a minimum of five (5) calendar days notice shall be provided when an employee desires to calendar days notice shall be provided when an employee desires to take earned compensatory time or change their schedule. Payment take earned compensatory time or change their schedule. Payment shall be made in either cash or compensatory time at the discretion shall be made in either cash or compensatory time at the discretion of the Employer. The rate of payment shall be either one and one- of the Employer. The rate of payment shall be either one and one- half (1½) times the employee’s current hourly wage or one and one- half (1½) times the employee’s current hourly wage or one and one- half (l½) times the number of overtime hours worked. Employees half (l½) times the number of overtime hours worked. Employees must receive prior approval from their supervisor before working must receive prior approval from their supervisor before working additional hours (overtime). additional hours (overtime).

C. Compensatory Time C. Compensatory Time Employees shall be allowed to bank up to eighty (80) hours of Employees shall be allowed to bank up to eighty (80) hours of compensatory time at any one time. Earned compensatory time compensatory time at any one time. Earned compensatory time shall be taken at the request of the employee with the approval of shall be taken at the request of the employee with the approval of management in at least one (1) hour increments. The Employer management in at least one (1) hour increments. The Employer reserves the right to require employees to take earned compensatory reserves the right to require employees to take earned compensatory time and the Employer’s required use of accrued compensatory time time and the Employer’s required use of accrued compensatory time shall not result in a reduction of the employee’s banked compensatory shall not result in a reduction of the employee’s banked compensatory time below eighty (80) hours. However, such time shall be in time below eighty (80) hours. However, such time shall be in increments of at least one (1) day. Earned compensatory time may increments of at least one (1) day. Earned compensatory time may be accumulated and credited to the employee’s account. Up to be accumulated and credited to the employee’s account. Up to eighty (80) hours of banked compensatory time not taken by the eighty (80) hours of banked compensatory time not taken by the 26 26 end of the last pay period of the fiscal year may be converted at the end of the last pay period of the fiscal year may be converted at the current hourly rate of pay for the employee involved and paid for current hourly rate of pay for the employee involved and paid for in cash, at the Employee’s discretion. Compensatory time above in cash, at the Employee’s discretion. Compensatory time above eighty (80) hours may be converted at the current hourly rate of pay eighty (80) hours may be converted at the current hourly rate of pay for the employee involved and paid for in cash, at the Employer’s for the employee involved and paid for in cash, at the Employer’s discretion. All other compensatory time shall be carried over to discretion. All other compensatory time shall be carried over to the next fiscal year. the next fiscal year.

D. Standby Time D. Standby Time For purposes of this Article, standby time is defined as: For purposes of this Article, standby time is defined as:

Any time that the Employer requires State Troopers Any time that the Employer requires State Troopers during their off-duty hours to remain at their normal place during their off-duty hours to remain at their normal place of residence, leave a telephone number where they can of residence, leave a telephone number where they can be reached or remain within radio contact with the Iowa be reached or remain within radio contact with the Iowa Police Radio System and be available to respond from Police Radio System and be available to respond from their place of residence within one (1) hour. their place of residence within one (1) hour.

Members of the State Patrol who are required to be on standby shall Members of the State Patrol who are required to be on standby shall receive two (2) hours of compensatory time or a fraction thereof for receive two (2) hours of compensatory time or a fraction thereof for every twenty-four (24) hour standby period. every twenty-four (24) hour standby period.

SECTION 3 Conservation Officers SECTION 3 Conservation Officers A. Work Schedules A. Work Schedules Conservation Officers shall work a non-standard five (5) day work Conservation Officers shall work a non-standard five (5) day work week with two (2) days off. week with two (2) days off.

The parties recognize the right of the Employer to establish The parties recognize the right of the Employer to establish reasonable guidelines and reporting procedures regarding hours reasonable guidelines and reporting procedures regarding hours and days worked. and days worked.

The Employer agrees that employees shall be eligible for one (1) The Employer agrees that employees shall be eligible for one (1) weekend per month off during peak activity seasons, provided, weekend per month off during peak activity seasons, provided, however, that employees shall work the three (3) major holiday however, that employees shall work the three (3) major holiday weekends. These three (3) weekends shall be defined as Memorial weekends. These three (3) weekends shall be defined as Memorial Day and the contiguous weekend, Fourth of July and the contiguous Day and the contiguous weekend, Fourth of July and the contiguous weekend, and Labor Day and the contiguous weekend. Nothing weekend, and Labor Day and the contiguous weekend. Nothing herein shall prohibit an employee from taking all or any portion herein shall prohibit an employee from taking all or any portion 27 27 of a major holiday weekend off if mutually agreed upon by both of a major holiday weekend off if mutually agreed upon by both employee and Employer. Employees shall receive two (2) weekends employee and Employer. Employees shall receive two (2) weekends off for every month containing four (4) weekends and three (3) off for every month containing four (4) weekends and three (3) weekends off for every month containing five (5) weekends, during weekends off for every month containing five (5) weekends, during non-peak activity seasons. For Conservation Officers the non- non-peak activity seasons. For Conservation Officers the non- peak activity season shall include at least six (6) months a year as peak activity season shall include at least six (6) months a year as determined by the supervisor. determined by the supervisor.

B. Overtime B. Overtime Compensatory time shall be earned on an hour-for-hour basis and Compensatory time shall be earned on an hour-for-hour basis and placed in the compensatory time bank for all hours worked on days off. placed in the compensatory time bank for all hours worked on days off.

Compensatory time shall be earned at a rate of time and one-half Compensatory time shall be earned at a rate of time and one-half (1½) and placed in the compensatory time bank for all hours worked (1½) and placed in the compensatory time bank for all hours worked in excess of one hundred seventy-one (171) hours in a twenty-eight in excess of one hundred seventy-one (171) hours in a twenty-eight (28) day period. (28) day period.

C. Compensatory Time C. Compensatory Time Earned compensatory time, not to exceed the first eighty (80) Earned compensatory time, not to exceed the first eighty (80) hours, shall be taken at the employee’s discretion as either cash or hours, shall be taken at the employee’s discretion as either cash or compensatory time. All hours in excess of eighty (80) hours shall compensatory time. All hours in excess of eighty (80) hours shall be compensated in compensatory time or cash at the discretion of be compensated in compensatory time or cash at the discretion of the Employer. the Employer.

The employee may make a request for a one (1) time lump sum The employee may make a request for a one (1) time lump sum cash payout for those hours earned up to eighty (80) hours, once cash payout for those hours earned up to eighty (80) hours, once per fiscal year as long as the request is made by April 1 of the per fiscal year as long as the request is made by April 1 of the fiscal year in which the time was earned. The cash payout will be fiscal year in which the time was earned. The cash payout will be calculated at the current hourly rate of pay for the employee. All calculated at the current hourly rate of pay for the employee. All hours not requested by the April 1 deadline shall be compensated in hours not requested by the April 1 deadline shall be compensated in compensatory time or cash at the Employer’s discretion. compensatory time or cash at the Employer’s discretion.

When the Employer requires employees to take earned compensatory When the Employer requires employees to take earned compensatory time, such time shall be in increments of at least eight (8) hours. time, such time shall be in increments of at least eight (8) hours.

Earned compensatory time not paid for by the Employer or used Earned compensatory time not paid for by the Employer or used by the employee by the pay period including September 1, shall be by the employee by the pay period including September 1, shall be converted at the current hourly rate of pay for the employee and converted at the current hourly rate of pay for the employee and paid for in cash. paid for in cash. 28 28 For purposes of this Section, the Employer agrees to not restrict For purposes of this Section, the Employer agrees to not restrict accrual of compensatory time solely for the purpose of avoiding accrual of compensatory time solely for the purpose of avoiding payment of compensatory time as provided herein. payment of compensatory time as provided herein.

D. Premium Pay D. Premium Pay Conservation Officers shall receive four percent (4%) annual Conservation Officers shall receive four percent (4%) annual premium pay in addition to the employee’s regular pay as premium pay in addition to the employee’s regular pay as compensation for weekends worked, for the lack of shift differential. compensation for weekends worked, for the lack of shift differential.

SECTION 4 Park Rangers SECTION 4 Park Rangers A. Work Schedules A. Work Schedules Park Rangers of the Department of Natural Resources shall work a Park Rangers of the Department of Natural Resources shall work a non-standard five (5) day work week with two (2) days off. non-standard five (5) day work week with two (2) days off.

The parties recognize the right of the Employer to establish The parties recognize the right of the Employer to establish reasonable guidelines and reporting procedures regarding hours reasonable guidelines and reporting procedures regarding hours and days worked. and days worked.

The Employer agrees that employees shall be eligible for one The Employer agrees that employees shall be eligible for one (1) weekend per month off during the peak activity season. The (1) weekend per month off during the peak activity season. The peak activity season shall be defined as May 1 through September peak activity season shall be defined as May 1 through September 30. The employee shall work the three (3) major holiday 30. The employee shall work the three (3) major holiday weekends. These three (3) weekends shall be defined as Memorial weekends. These three (3) weekends shall be defined as Memorial Day and the contiguous weekend, Fourth of July and the contiguous Day and the contiguous weekend, Fourth of July and the contiguous weekend, and Labor Day and the contiguous weekend. Nothing weekend, and Labor Day and the contiguous weekend. Nothing herein shall prohibit an employee from taking all or any portion herein shall prohibit an employee from taking all or any portion of a major holiday weekend off if mutually agreed upon by both of a major holiday weekend off if mutually agreed upon by both employee and Employer. employee and Employer.

Days off during the peak season shall be scheduled by the employees Days off during the peak season shall be scheduled by the employees with the approval of the Employer, provided that the days off are with the approval of the Employer, provided that the days off are uniform across the state. The decision concerning the selection of uniform across the state. The decision concerning the selection of days off shall be made by January 15 immediately preceding the days off shall be made by January 15 immediately preceding the peak season. The foregoing shall not prohibit the employee from peak season. The foregoing shall not prohibit the employee from making temporary schedule changes. making temporary schedule changes.

The regular work week for the non-peak season (defined as October The regular work week for the non-peak season (defined as October 1 through April 30) shall be Monday through Friday with Saturdays 1 through April 30) shall be Monday through Friday with Saturdays 29 29 and Sundays (weekends) off. Park Rangers shall not be assigned and Sundays (weekends) off. Park Rangers shall not be assigned to work more than eight (8) weekends during the non-peak season to work more than eight (8) weekends during the non-peak season unless otherwise mutually agreed between the employee and the unless otherwise mutually agreed between the employee and the Employer. Employer.

Where there is more than one (1) Park Ranger assigned to the same Where there is more than one (1) Park Ranger assigned to the same park, those Rangers assigned to such areas may, upon supervisor park, those Rangers assigned to such areas may, upon supervisor approval, select days off for peak and non-peak seasons, which are approval, select days off for peak and non-peak seasons, which are not uniform across the state. not uniform across the state.

B. Overtime B. Overtime Park Rangers shall be compensated for all time actually worked. Park Rangers shall be compensated for all time actually worked. Overtime shall be earned at a rate of time and one-half (1½) and Overtime shall be earned at a rate of time and one-half (1½) and placed in the compensatory time bank for all hours worked in placed in the compensatory time bank for all hours worked in excess of eight (8) hours in a day. excess of eight (8) hours in a day.

C. Compensatory Time C. Compensatory Time Compensatory time accrual shall be based upon a twelve (12) month Compensatory time accrual shall be based upon a twelve (12) month period beginning April 1 and ending March 31 of the following year. period beginning April 1 and ending March 31 of the following year.

Earned compensatory time shall be taken at the request of the Earned compensatory time shall be taken at the request of the employee with the approval of the Employer. In addition, the employee with the approval of the Employer. In addition, the Employer reserves the right to require employees to take earned Employer reserves the right to require employees to take earned compensatory time, including the right to require the employee to compensatory time, including the right to require the employee to reduce his or her compensatory time balance between January 1 reduce his or her compensatory time balance between January 1 and March 31. However, the Employer’s required use of accrued and March 31. However, the Employer’s required use of accrued compensatory time shall not result in a reduction of the employee’s compensatory time shall not result in a reduction of the employee’s banked compensatory time below eighty (80) hours and when the banked compensatory time below eighty (80) hours and when the Employer requires employees to take earned compensatory time, Employer requires employees to take earned compensatory time, such time shall be in increments of at least eight (8) hours. such time shall be in increments of at least eight (8) hours.

Earned compensatory time not paid by the Employer or used by the Earned compensatory time not paid by the Employer or used by the employee by March 31 of each year shall be converted at the current employee by March 31 of each year shall be converted at the current hourly rate of pay for the employee and paid for in cash. hourly rate of pay for the employee and paid for in cash.

Park Rangers may request that up to eighty (80) hours of their Park Rangers may request that up to eighty (80) hours of their compensatory time balance be converted to cash and paid at the compensatory time balance be converted to cash and paid at the regular hourly rate. A request for cash may be made only once per regular hourly rate. A request for cash may be made only once per 30 30 year. A request for cash must be made two (2) weeks in advance to year. A request for cash must be made two (2) weeks in advance to the payroll/personnel office and the money will be included in the the payroll/personnel office and the money will be included in the pay check for the pay period during which the request is made. For pay check for the pay period during which the request is made. For purposes of this Section, the Employer agrees to not restrict accrual purposes of this Section, the Employer agrees to not restrict accrual of compensatory time solely for the purpose of avoiding payment of of compensatory time solely for the purpose of avoiding payment of overtime as provided herein. overtime as provided herein.

SECTION 5 Special Agent 1s SECTION 5 Special Agent 1s A. Work Schedules A. Work Schedules Work Schedules will be assigned for Special Agent 1s. Work Schedules will be assigned for Special Agent 1s.

Work schedules for Special Agent 1s shall comply with the following Work schedules for Special Agent 1s shall comply with the following guidelines: guidelines: 1. Management reserves the right to assign different work 1. Management reserves the right to assign different work schedules for each casino. schedules for each casino. 2. Scheduled shifts shall be a minimum of eight (8) hours in 2. Scheduled shifts shall be a minimum of eight (8) hours in length, but in no case shall be greater than ten (10) hours in length, but in no case shall be greater than ten (10) hours in length. length. 3. Scheduled shifts shall be continuous in length. 3. Scheduled shifts shall be continuous in length. 4. Scheduled shifts for an agent shall be a minimum of twelve 4. Scheduled shifts for an agent shall be a minimum of twelve (12) hours apart whenever possible but at no time shall be (12) hours apart whenever possible but at no time shall be less than ten (10) hours apart unless mutually agreed upon. less than ten (10) hours apart unless mutually agreed upon. 5. Unless mutually agreed upon, the Employer agrees to 5. Unless mutually agreed upon, the Employer agrees to establish a work schedule for each casino that provides establish a work schedule for each casino that provides for rotation of shifts and days off to allow each employee for rotation of shifts and days off to allow each employee to have an extended weekend when the employee’s shift to have an extended weekend when the employee’s shift changes from a day shift to a night shift or from a night shift changes from a day shift to a night shift or from a night shift to a day shift in consecutive weeks. An extended weekend to a day shift in consecutive weeks. An extended weekend shall be defined as Friday, Saturday and Sunday. At a shall be defined as Friday, Saturday and Sunday. At a minimum, employees will receive one weekend per four minimum, employees will receive one weekend per four (4) week period. A weekend shall be defined as Saturday (4) week period. A weekend shall be defined as Saturday and Sunday. and Sunday. 6. Work schedules shall not include more than six (6) 6. Work schedules shall not include more than six (6) consecutive days on duty, and in those cases where an consecutive days on duty, and in those cases where an

31 31 employee is required to work six (6) consecutive days, the employee is required to work six (6) consecutive days, the employee shall be scheduled a minimum of two (2) days off employee shall be scheduled a minimum of two (2) days off following those six (6) days. following those six (6) days. 7. In a posted work schedule, consecutive days of work shall 7. In a posted work schedule, consecutive days of work shall be the same shift. be the same shift. 8. With the exception of emergency need the two most senior 8. With the exception of emergency need the two most senior Special Agent 1’s at each casino with service of twenty-two Special Agent 1’s at each casino with service of twenty-two (22) years or more with the Employer as a peace officer (22) years or more with the Employer as a peace officer shall not be required to work between the hours of 2400- shall not be required to work between the hours of 2400- 0600, absent mutual agreement to the contrary. Seniority 0600, absent mutual agreement to the contrary. Seniority under this section shall be determined in accordance with under this section shall be determined in accordance with Article V. Article V.

B. Overtime B. Overtime Hours worked in excess of the scheduled shift or hours worked on Hours worked in excess of the scheduled shift or hours worked on scheduled days off shall be considered overtime. Payment shall be scheduled days off shall be considered overtime. Payment shall be made in either cash or compensatory time at the discretion of the made in either cash or compensatory time at the discretion of the Employer. The rate of payment shall be either one and one-half Employer. The rate of payment shall be either one and one-half (1½) times the employee’s current hourly wage or one and one-half (1½) times the employee’s current hourly wage or one and one-half (1½) times the number of overtime hours worked. (1½) times the number of overtime hours worked.

Employees must receive prior approval from their supervisor before Employees must receive prior approval from their supervisor before working additional hours (overtime). working additional hours (overtime).

C. Compensatory Time C. Compensatory Time Employees shall be allowed to bank up to eighty (80) hours Employees shall be allowed to bank up to eighty (80) hours of compensatory time at any one time. Earned compensatory of compensatory time at any one time. Earned compensatory time shall be taken at the request of the employee with the time shall be taken at the request of the employee with the approval of management in at least one (1) hour increments. The approval of management in at least one (1) hour increments. The Employer reserves the right to require employees to take earned Employer reserves the right to require employees to take earned compensatory time and the Employer’s required use of accrued compensatory time and the Employer’s required use of accrued compensatory time shall not result in a reduction of the employee’s compensatory time shall not result in a reduction of the employee’s banked compensatory time below eighty (80) hours. However, banked compensatory time below eighty (80) hours. However, such time shall be in increments of at least one (1) day. Earned such time shall be in increments of at least one (1) day. Earned compensatory time may be accumulated and credited to the compensatory time may be accumulated and credited to the employee’s account. Upon the request of the employee, banked employee’s account. Upon the request of the employee, banked compensatory time shall be converted to cash quarterly, not to compensatory time shall be converted to cash quarterly, not to 32 32 exceed eighty (80) hours per year. Compensatory time above exceed eighty (80) hours per year. Compensatory time above eighty (80) hours may be converted at the current hourly rate of pay eighty (80) hours may be converted at the current hourly rate of pay for the employee involved and paid for in cash, at the Employer’s for the employee involved and paid for in cash, at the Employer’s discretion. All other compensatory time shall be carried over to discretion. All other compensatory time shall be carried over to the next fiscal year. the next fiscal year.

SECTION 6 Special Agent 2s SECTION 6 Special Agent 2s A. Overtime A. Overtime Hours worked in excess of forty (40) hours per work week, excluding Hours worked in excess of forty (40) hours per work week, excluding time spent for meal periods, shall be considered overtime. time spent for meal periods, shall be considered overtime.

Earned overtime shall be accumulated quarterly (each three (3) Earned overtime shall be accumulated quarterly (each three (3) calendar months) and credited to the employee’s account at the calendar months) and credited to the employee’s account at the end of the last pay period of each quarter. Payment shall be made end of the last pay period of each quarter. Payment shall be made in either cash or compensatory time or a combination thereof at in either cash or compensatory time or a combination thereof at the discretion of the employee. If paid in cash, it shall be paid at the discretion of the employee. If paid in cash, it shall be paid at the rate of one and one-half (1½) times the hourly rate of pay for the rate of one and one-half (1½) times the hourly rate of pay for overtime hours worked. If the employee chooses compensatory overtime hours worked. If the employee chooses compensatory time in lieu of cash, the compensatory time shall be at the rate of time in lieu of cash, the compensatory time shall be at the rate of one and one- half (1½) times the overtime hours worked. one and one- half (1½) times the overtime hours worked.

B. Compensatory Time B. Compensatory Time Compensatory time shall be taken at the request of the employee Compensatory time shall be taken at the request of the employee in at least two (2) hour increments with the approval of the in at least two (2) hour increments with the approval of the Employer. All compensatory time not taken by the employee by Employer. All compensatory time not taken by the employee by the last pay period of the fiscal year shall be paid for in cash. the last pay period of the fiscal year shall be paid for in cash.

C. Standby Time C. Standby Time Employees required to be on standby will be given thirty (30) Employees required to be on standby will be given thirty (30) days advance notice whenever possible. Standby time, when days advance notice whenever possible. Standby time, when assigned, will be in increments of one (1) week with employees assigned, will be in increments of one (1) week with employees receiving eight (8) hours of compensatory time for each full week receiving eight (8) hours of compensatory time for each full week of standby duty. The Employer agrees that employees will not of standby duty. The Employer agrees that employees will not be assigned to standby duty more often than once every two (2) be assigned to standby duty more often than once every two (2) weeks. Employees who are not on standby status and cannot be weeks. Employees who are not on standby status and cannot be contacted shall not be disciplined or discriminated against due to contacted shall not be disciplined or discriminated against due to their being unavailable. However, if an employee is contacted, he their being unavailable. However, if an employee is contacted, he or she shall be expected to report for duty. or she shall be expected to report for duty. 33 33 When an employee is taking accrued compensatory time, he or she When an employee is taking accrued compensatory time, he or she shall not be required to be on standby status. shall not be required to be on standby status.

For purposes of this Section, standby time is defined as: For purposes of this Section, standby time is defined as:

Any time that the Employer requires a Special Agent 2 Any time that the Employer requires a Special Agent 2 during their off-duty hours to remain at their normal place during their off-duty hours to remain at their normal place of residence, leave a telephone number where they can of residence, leave a telephone number where they can be reached or remain within radio contact with the Iowa be reached or remain within radio contact with the Iowa Police Radio System and be available to respond from Police Radio System and be available to respond from their place of residence within one (1) hour. their place of residence within one (1) hour.

D. Assignment to Other Zones D. Assignment to Other Zones Employees shall be assigned to other zones only to meet the needs of Employees shall be assigned to other zones only to meet the needs of the agency and such assignment shall not be made arbitrarily or for the agency and such assignment shall not be made arbitrarily or for disciplinary purposes. The department shall make every attempt disciplinary purposes. The department shall make every attempt to utilize Special Agent 2s within the zone prior to reassigning to utilize Special Agent 2s within the zone prior to reassigning agents from other zones. agents from other zones.

SECTION 7 Fire Inspectors SECTION 7 Fire Inspectors A. Work Schedules A. Work Schedules The present Monday through Friday work schedules for Fire The present Monday through Friday work schedules for Fire Inspectors shall be retained unless prior notification is provided to Inspectors shall be retained unless prior notification is provided to the Council in accordance with Section 1 above. the Council in accordance with Section 1 above.

B. Overtime B. Overtime Hours worked in excess of forty (40) hours in a work week shall Hours worked in excess of forty (40) hours in a work week shall be considered overtime. Payment shall be made in either cash or be considered overtime. Payment shall be made in either cash or compensatory time at the discretion of the Employer. compensatory time at the discretion of the Employer.

The rate of payment shall be either one and one-half (1½) times the The rate of payment shall be either one and one-half (1½) times the employee’s current hourly wage or one and one-half (l½) times the employee’s current hourly wage or one and one-half (l½) times the number of overtime hours worked. Employees must receive prior number of overtime hours worked. Employees must receive prior approval from their supervisor before working additional hours approval from their supervisor before working additional hours (overtime). (overtime).

C. Compensatory Time C. Compensatory Time Earned compensatory time shall be taken at the request of the Earned compensatory time shall be taken at the request of the employee with the approval of management in at least one (1) hour employee with the approval of management in at least one (1) hour

34 34 increments. However, the Employer reserves the right to require increments. However, the Employer reserves the right to require employees to take earned compensatory time. employees to take earned compensatory time.

When the Employer requires employees to take earned compensatory When the Employer requires employees to take earned compensatory time, such time shall be in increments of at least one (1) day. Earned time, such time shall be in increments of at least one (1) day. Earned compensatory time may be accumulated and credited to the compensatory time may be accumulated and credited to the employee’s account. Compensatory time, not taken by the end of employee’s account. Compensatory time, not taken by the end of the last pay period of the fiscal year, if not paid for in cash, may be the last pay period of the fiscal year, if not paid for in cash, may be carried forward to the ensuing fiscal year, however, an employee’s carried forward to the ensuing fiscal year, however, an employee’s compensatory time account may never exceed two hundred forty compensatory time account may never exceed two hundred forty (240) hours. (240) hours.

D. Standby Time D. Standby Time Employees required to be on standby will be given thirty (30) Employees required to be on standby will be given thirty (30) days advance notice whenever possible. Standby time, when days advance notice whenever possible. Standby time, when assigned, will be in increments of one (1) week with employees assigned, will be in increments of one (1) week with employees receiving eight (8) hours of compensatory time for each full week receiving eight (8) hours of compensatory time for each full week of standby duty. The Employer agrees that employees will not of standby duty. The Employer agrees that employees will not be assigned to standby duty more often than once every two (2) be assigned to standby duty more often than once every two (2) weeks. Employees who are not on standby status and cannot be weeks. Employees who are not on standby status and cannot be contacted shall not be disciplined or discriminated against due to contacted shall not be disciplined or discriminated against due to their being unavailable. However, if an employee is contacted, he their being unavailable. However, if an employee is contacted, he or she shall be expected to report for duty. or she shall be expected to report for duty.

When an employee is taking accrued compensatory time, he or she When an employee is taking accrued compensatory time, he or she shall not be required to be on standby status. shall not be required to be on standby status.

For purposes of this Section, standby time is defined as: For purposes of this Section, standby time is defined as:

Any time that the Employer requires a Fire Inspector Any time that the Employer requires a Fire Inspector during their off-duty hours to remain at their normal place during their off-duty hours to remain at their normal place of residence, leave a telephone number where they can of residence, leave a telephone number where they can be reached or remain within radio contact with the Iowa be reached or remain within radio contact with the Iowa Police Radio System and be available to respond from Police Radio System and be available to respond from their place of residence within one (1) hour. their place of residence within one (1) hour.

SECTION 8 Canine Corp SECTION 8 Canine Corp Each State Trooper canine handler will work a 5-3, 5-3, 5-3, 5-3 Each State Trooper canine handler will work a 5-3, 5-3, 5-3, 5-3 work schedule of nine (9) hours, consistent with other State work schedule of nine (9) hours, consistent with other State

35 35 Troopers. Each Fire Inspector and Special Agent 2 canine handler Troopers. Each Fire Inspector and Special Agent 2 canine handler will work a schedule consistent with other Fire Inspectors and will work a schedule consistent with other Fire Inspectors and Special Agent 2s. Each handler will be compensated for the Special Agent 2s. Each handler will be compensated for the actual time spent in the routine care and maintenance for his or actual time spent in the routine care and maintenance for his or her assigned animal. No overtime or compensatory time pay will her assigned animal. No overtime or compensatory time pay will be granted during the performance of the canine handler’s normal be granted during the performance of the canine handler’s normal and routine schedule, without supervisory approval. Each handler and routine schedule, without supervisory approval. Each handler is expected to provide appropriate care and maintenance for the is expected to provide appropriate care and maintenance for the assigned animal on non-duty days, and on such days each State assigned animal on non-duty days, and on such days each State Trooper handler shall receive cash payment for forty (40) minutes Trooper handler shall receive cash payment for forty (40) minutes at time and one half (1½) per hour for such routine care and at time and one half (1½) per hour for such routine care and maintenance of his or her assigned animal. Each Fire Inspector maintenance of his or her assigned animal. Each Fire Inspector and Special Agent 2 canine handler shall receive cash payment for and Special Agent 2 canine handler shall receive cash payment for forty (40) minutes at time and one half (1½ ) per hour on any leave forty (40) minutes at time and one half (1½ ) per hour on any leave days for such routine care and maintenance of his or her assigned days for such routine care and maintenance of his or her assigned animal. Where the non-duty day is also a holiday, the handler will animal. Where the non-duty day is also a holiday, the handler will receive compensation as outlined in this paragraph in addition to receive compensation as outlined in this paragraph in addition to holiday compensation as provided for in this Agreement. When the holiday compensation as provided for in this Agreement. When the canine handler is called out for canine activities during other than canine handler is called out for canine activities during other than normal duty hours, such compensation will be paid in accordance normal duty hours, such compensation will be paid in accordance with applicable provisions of this Agreement. with applicable provisions of this Agreement.

SECTION 9 Call-Back Time SECTION 9 Call-Back Time Employees (except for Park Rangers living in State provided Employees (except for Park Rangers living in State provided housing and Special Agent 2s) who are off-duty and called back to housing and Special Agent 2s) who are off-duty and called back to work by the Employer shall be guaranteed a minimum of two (2) work by the Employer shall be guaranteed a minimum of two (2) hours of work time or actual hours worked, whichever is greater. hours of work time or actual hours worked, whichever is greater.

ARTICLE IX ARTICLE IX WAGES AND FRINGE BENEFITS WAGES AND FRINGE BENEFITS SECTION 1 Wages SECTION 1 Wages A. During the term of this agreement, all employees eligible for A. During the term of this agreement, all employees eligible for negotiated within-range step increases shall receive automatic negotiated within-range step increases shall receive automatic step increases in accordance with their eligibility date. The step step increases in accordance with their eligibility date. The step increases shall be calculated as an increase of three and one-half increases shall be calculated as an increase of three and one-half percent (3.5%) on the pay schedules in Appendix A. percent (3.5%) on the pay schedules in Appendix A.

36 36 B. In addition to the three and one half-percent (3.5%) within- B. In addition to the three and one half-percent (3.5%) within- range step increase described in Article IX, Section 1A, all range step increase described in Article IX, Section 1A, all employees who received an overall rating of “meets expectations” employees who received an overall rating of “meets expectations” or “satisfactory” or above on their last performance evaluation or “satisfactory” or above on their last performance evaluation will receive an additional one percent (1%) merit within-range step will receive an additional one percent (1%) merit within-range step increase. For those employees who do not receive an overall rating, increase. For those employees who do not receive an overall rating, they will be considered to have received an “overall rating of meets they will be considered to have received an “overall rating of meets expectations/satisfactory” if the majority of the ratings on their expectations/satisfactory” if the majority of the ratings on their review are “meets expectations” or “satisfactory.” review are “meets expectations” or “satisfactory.”

C. Employees shall have the right to grieve a performance C. Employees shall have the right to grieve a performance evaluation if they receive less than a “meets expectations” or evaluation if they receive less than a “meets expectations” or “satisfactory” on their evaluation. “satisfactory” on their evaluation.

D. On the first day of the pay period that includes July 1, 2015, D. On the first day of the pay period that includes July 1, 2015, employees covered by this Agreement shall receive a two and employees covered by this Agreement shall receive a two and eighty five one-hundredths percent (2.85%) across-the-board pay eighty five one-hundredths percent (2.85%) across-the-board pay increase. On the first day of the pay period that includes July 1, increase. On the first day of the pay period that includes July 1, 2016, employees covered by this Agreement shall receive a two- 2016, employees covered by this Agreement shall receive a two- percent (2.0%) across-the-board pay increase. On the first day of percent (2.0%) across-the-board pay increase. On the first day of the pay period that includes January 1, 2017, employees covered by the pay period that includes January 1, 2017, employees covered by this Agreement shall receive a one-and one quarter percent (1.25%) this Agreement shall receive a one-and one quarter percent (1.25%) across-the-board pay increase. across-the-board pay increase.

E. All new officers graduating from the DPS Academy who are E. All new officers graduating from the DPS Academy who are permanently assigned to District 16 will be classified for pay permanently assigned to District 16 will be classified for pay purposes as Trooper 1. The regular compensation for Trooper 1 purposes as Trooper 1. The regular compensation for Trooper 1 shall be pay grade 24. The classification Trooper 2 was created and shall be pay grade 24. The classification Trooper 2 was created and includes officers graduating from the DPS Academy and assigned includes officers graduating from the DPS Academy and assigned in any District except District 16 and Trooper 2’s assigned to the in any District except District 16 and Trooper 2’s assigned to the personal security team for the Governor. Trooper 1’s who are personal security team for the Governor. Trooper 1’s who are transferred or assigned from District 16 to any other State Patrol transferred or assigned from District 16 to any other State Patrol District on a permanent basis will be transferred to Trooper 2. The District on a permanent basis will be transferred to Trooper 2. The regular compensation for Trooper 2 shall be pay grade 29. regular compensation for Trooper 2 shall be pay grade 29.

The Trooper 3 and Senior Trooper-Pilot classifications will consist The Trooper 3 and Senior Trooper-Pilot classifications will consist of Trooper 2’s and Trooper-Pilots with fifteen (15) or more years of of Trooper 2’s and Trooper-Pilots with fifteen (15) or more years of service as a peace officer with the Department of Public Safety; or service as a peace officer with the Department of Public Safety; or 37 37 Trooper 2’s and Trooper-Pilots with thirteen (13) or more years of Trooper 2’s and Trooper-Pilots with thirteen (13) or more years of service as a peace officer with the Department of Public Safety with service as a peace officer with the Department of Public Safety with an associates degree; or Trooper 2’s and Trooper-Pilots with eleven an associates degree; or Trooper 2’s and Trooper-Pilots with eleven (11) or more years of service as a peace officer with the Department (11) or more years of service as a peace officer with the Department of Public Safety with a bachelors degree. Trooper 2’s and Trooper- of Public Safety with a bachelors degree. Trooper 2’s and Trooper- Pilots will be eligible to become Trooper 3 or Senior Trooper-Pilot Pilots will be eligible to become Trooper 3 or Senior Trooper-Pilot on the first pay period following attainment of any of the above on the first pay period following attainment of any of the above conditions. The regular compensation for Trooper 3 shall be pay conditions. The regular compensation for Trooper 3 shall be pay grade 79. The regular compensation for Senior Trooper-Pilot shall grade 79. The regular compensation for Senior Trooper-Pilot shall be pay grade 80. be pay grade 80.

F. Bargaining unit members of the Department of Public Safety F. Bargaining unit members of the Department of Public Safety shall be paid longevity in accordance with Iowa Code §80.8. shall be paid longevity in accordance with Iowa Code §80.8.

SECTION 2 Health and Dental Insurance SECTION 2 Health and Dental Insurance A. Group Plans & Contributions A. Group Plans & Contributions The State agrees to continue to provide group health and dental The State agrees to continue to provide group health and dental benefits to all eligible bargaining unit members. A bargaining benefits to all eligible bargaining unit members. A bargaining unit member may enroll in health insurance, dental insurance, or unit member may enroll in health insurance, dental insurance, or both. The health insurance and dental insurance plans will move both. The health insurance and dental insurance plans will move to a calendar year schedule beginning January 1, 2014. After to a calendar year schedule beginning January 1, 2014. After positively enrolling for plan year 2016, a bargaining unit member positively enrolling for plan year 2016, a bargaining unit member does not need to re-enroll for future plan years. If the member does not need to re-enroll for future plan years. If the member does not make any changes, the member’s coverages will remain does not make any changes, the member’s coverages will remain the same and carry over to the next plan year. Health insurance the same and carry over to the next plan year. Health insurance benefits are controlled by the contract. SPOC will be advised of benefits are controlled by the contract. SPOC will be advised of administrative changes and its input will be sought. The State shall administrative changes and its input will be sought. The State shall offer Alliance Select which is a preferred provider option with its offer Alliance Select which is a preferred provider option with its cost containment features provided for in Subsection B. cost containment features provided for in Subsection B.

B. Cost Containment B. Cost Containment 1. Introduction of a $100 emergency room co-payment, 1. Introduction of a $100 emergency room co-payment, without consideration of any other deductible. without consideration of any other deductible. 2. For Alliance Select, increase the health deductible from 2. For Alliance Select, increase the health deductible from $200/$400 to $250/$500 and increase the medical OPM $200/$400 to $250/$500 and increase the medical OPM from $500/$1000 to $750/$1500. The deductible will apply from $500/$1000 to $750/$1500. The deductible will apply to all benefits up front before insurance coverage begins. to all benefits up front before insurance coverage begins. 38 38 Prescription drugs shall be covered under medical, subject to Prescription drugs shall be covered under medical, subject to deductible, coinsurance, and out-of-pocket maximum. There shall deductible, coinsurance, and out-of-pocket maximum. There shall be no lifetime benefit maximum. The plan shall include one (1) eye be no lifetime benefit maximum. The plan shall include one (1) eye examination per covered person per year. examination per covered person per year.

The State will pay eighty percent (80%) of health insurance The State will pay eighty percent (80%) of health insurance coverage under Alliance Select. The State shall also provide coverage under Alliance Select. The State shall also provide a wellness program to members at no additional cost to the a wellness program to members at no additional cost to the employee. Members who participate in the wellness program will employee. Members who participate in the wellness program will receive a monthly reduction in their portion of the health insurance receive a monthly reduction in their portion of the health insurance premium in each plan year under this Agreement. The monthly premium in each plan year under this Agreement. The monthly reduction will be based on a dollar amount calculated to ensure that reduction will be based on a dollar amount calculated to ensure that the employee share of the Family premium will be no more than the employee share of the Family premium will be no more than fifteen percent (15%) and employees may apply this dollar amount fifteen percent (15%) and employees may apply this dollar amount to the plan of their choice. to the plan of their choice.

In order to be eligible for the monthly reduction, employees In order to be eligible for the monthly reduction, employees must complete an annual biometric screening and a Health Risk must complete an annual biometric screening and a Health Risk Assessment (HRA) by a date determined by the State. Some Assessment (HRA) by a date determined by the State. Some employees may also be required to participate in health coaching employees may also be required to participate in health coaching which will consist of participating in the required number of calls which will consist of participating in the required number of calls with a health coach, not to exceed 12 calls per year. with a health coach, not to exceed 12 calls per year.

After an employee positively enrolls in the wellness program for After an employee positively enrolls in the wellness program for plan year 2016, continued participation, subject to meeting all plan year 2016, continued participation, subject to meeting all wellness requirements annually, will remain in effect until the wellness requirements annually, will remain in effect until the member elects to withdraw from the wellness program during the member elects to withdraw from the wellness program during the enrollment period. enrollment period.

In either the month of October or November of each year, there will In either the month of October or November of each year, there will be a thirty (30) calendar day open enrollment and change period be a thirty (30) calendar day open enrollment and change period when employees may select or change contract tiers and add or when employees may select or change contract tiers and add or remove dependents on their plan. remove dependents on their plan.

C. Opt Out Incentive C. Opt Out Incentive Employees who choose to waive health insurance participation and Employees who choose to waive health insurance participation and coverage with the State of Iowa will receive an opt out monthly coverage with the State of Iowa will receive an opt out monthly payment of $125. If a member chooses to opt out of health insurance payment of $125. If a member chooses to opt out of health insurance 39 39 the member may still participate in dental insurance. After opting the member may still participate in dental insurance. After opting out of health insurance for plan year 2016, a bargaining unit member out of health insurance for plan year 2016, a bargaining unit member who has chosen to opt out will continue to receive the monthly opt who has chosen to opt out will continue to receive the monthly opt out payment until the member enrolls in health insurance. out payment until the member enrolls in health insurance.

D. Dental Insurance D. Dental Insurance The State shall contribute toward the cost of dental insurance. The State shall contribute toward the cost of dental insurance.

The State will continue to pay the full cost of single dental The State will continue to pay the full cost of single dental coverage. The State will pay seventy-eight percent (78%) of the coverage. The State will pay seventy-eight percent (78%) of the cost of family dental coverage. cost of family dental coverage.

In either the month of October or November during the first year of In either the month of October or November during the first year of this Agreement, there will be a thirty (30) calendar day special open this Agreement, there will be a thirty (30) calendar day special open enrollment period for dental insurance at which time employees enrollment period for dental insurance at which time employees may select or change contract tiers and add or remove dependents may select or change contract tiers and add or remove dependents on their plan. on their plan.

SECTION 3 Life Insurance SECTION 3 Life Insurance The Employer agrees that all full-time bargaining unit employees The Employer agrees that all full-time bargaining unit employees shall be eligible to participate in the state employees’ group life shall be eligible to participate in the state employees’ group life insurance program administered by the Iowa Department of insurance program administered by the Iowa Department of Administrative Services – Human Resources Enterprise. Provisions Administrative Services – Human Resources Enterprise. Provisions of the group life insurance program are as follows: of the group life insurance program are as follows: 1. Eligibility for group life insurance begins on the firstday of 1. Eligibility for group life insurance begins on the firstday of the month following thirty (30) calendar days of continuous the month following thirty (30) calendar days of continuous full- time employment. Full-time employees are those full- time employment. Full-time employees are those employees whose principal occupation is with the group employees whose principal occupation is with the group policyholder and are regularly scheduled to work at least policyholder and are regularly scheduled to work at least thirty (30) hours per week. thirty (30) hours per week. 2. Each full-time employee will be provided, without medical 2. Each full-time employee will be provided, without medical underwriting (at no cost to the employee), with an amount underwriting (at no cost to the employee), with an amount of group life insurance, plus an equal amount of group of group life insurance, plus an equal amount of group accidental death and dismemberment (AD&D) coverage, accidental death and dismemberment (AD&D) coverage, as indicated in the following schedule: as indicated in the following schedule:

40 40 AGE GROUP LIFE INSURANCE AD & D AGE GROUP LIFE INSURANCE AD & D Under 65 $50,000 $50,000 Under 65 $50,000 $50,000 65-69 $33,000 $33,000 65-69 $33,000 $33,000 70-74 $20,750 $20,750 70-74 $20,750 $20,750 75 and over $14,250 $14,250 75 and over $14,250 $14,250

3. Each full-time employee will have the option of purchasing 3. Each full-time employee will have the option of purchasing supplemental life insurance coverage, plus an equal amount supplemental life insurance coverage, plus an equal amount of group accidental death and dismemberment coverage of group accidental death and dismemberment coverage (to be paid by the employee) through payroll deduction as (to be paid by the employee) through payroll deduction as provided in the following schedule: provided in the following schedule: MAXIMUM MAXIMUM MAXIMUM MAXIMUM AGE SUPPLEMENTAL SUPPLEMENTAL AGE SUPPLEMENTAL SUPPLEMENTAL GROUP LIFE INSURANCE AD & D GROUP LIFE INSURANCE AD & D Under 65 $250,000 $250,000 Under 65 $250,000 $250,000 65-69 $165,000 $165,000 65-69 $165,000 $165,000 70-74 $103,750 $103,750 70-74 $103,750 $103,750 75 and over $71,250 $71,250 75 and over $71,250 $71,250 80 and over $50,000 $50,000 80 and over $50,000 $50,000 4. The supplemental life insurance will be available in 4. The supplemental life insurance will be available in increments equal to one-tenth (1/10) of the maximum increments equal to one-tenth (1/10) of the maximum available. Employees may elect the number of increments available. Employees may elect the number of increments desired. Supplemental life insurance, up to $100,000 desired. Supplemental life insurance, up to $100,000 worth of coverage, will not require medical underwriting worth of coverage, will not require medical underwriting provided the employees elect supplemental life insurance provided the employees elect supplemental life insurance and enroll within thirty (30) calendar days of their date and enroll within thirty (30) calendar days of their date of employment. Coverage increases or decreases after of employment. Coverage increases or decreases after the first thirty (30) days of employment must be made the first thirty (30) days of employment must be made in conjunction with a qualifying life event or during the in conjunction with a qualifying life event or during the annual enrollment and change period. Increases after the annual enrollment and change period. Increases after the first thirty (30) days of eligibility will be subject to medical first thirty (30) days of eligibility will be subject to medical underwriting. underwriting. 5. Upon an employee’s termination from State employment, 5. Upon an employee’s termination from State employment, the life insurance policy may be converted or ported to an the life insurance policy may be converted or ported to an individual policy at the appropriate rates to be paid by the individual policy at the appropriate rates to be paid by the employee. employee. 41 41 SECTION 4 Insurance Premium Conversion, Dependent Care SECTION 4 Insurance Premium Conversion, Dependent Care Spending Account and Health Care Spending Account Spending Account and Health Care Spending Account A. The State agrees to continue the premium conversion plan A. The State agrees to continue the premium conversion plan which allows for employees to pay their share of the current health which allows for employees to pay their share of the current health and/or dental insurance plans and optional life insurance premiums and/or dental insurance plans and optional life insurance premiums from pre-tax rather than post-tax earnings. from pre-tax rather than post-tax earnings.

B. The State will provide a dependent care program consistent B. The State will provide a dependent care program consistent with Internal Revenue Service (Section 125) regulations through with Internal Revenue Service (Section 125) regulations through which employees may elect to make a pre-tax reduction in wages which employees may elect to make a pre-tax reduction in wages which will be paid to an account from which all dependent care which will be paid to an account from which all dependent care expenses and health care costs will be reimbursed. expenses and health care costs will be reimbursed.

SECTION 5 Holidays SECTION 5 Holidays A. The Employer agrees to provide eleven (11) paid holidays A. The Employer agrees to provide eleven (11) paid holidays per year. There shall be nine (9) scheduled holidays as set forth per year. There shall be nine (9) scheduled holidays as set forth below and two (2) unscheduled holidays. Unscheduled holidays below and two (2) unscheduled holidays. Unscheduled holidays shall be accrued on a pay period basis and added to the employee’s shall be accrued on a pay period basis and added to the employee’s accrued vacation account and shall be taken in accordance with the accrued vacation account and shall be taken in accordance with the procedures set forth in Section 6 (Paid Annual Leave of Absence procedures set forth in Section 6 (Paid Annual Leave of Absence (Vacation)) in this Article. (Vacation)) in this Article.

Scheduled Holidays: Scheduled Holidays: New Year’s Day, January 1 New Year’s Day, January 1 Dr . Martin Luther King, Jr .’s Birthday, the third Monday in January Dr . Martin Luther King, Jr .’s Birthday, the third Monday in January Memorial Day, the last Monday in May Memorial Day, the last Monday in May Independence Day, July 4 Independence Day, July 4 Labor Day, the first Monday in September Labor Day, the first Monday in September Veterans Day, November 11 Veterans Day, November 11 Thanksgiving Day, the fourth Thursday in November Thanksgiving Day, the fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day, December 25 Christmas Day, December 25

B. If a holiday enumerated above falls on Saturday, the preceding B. If a holiday enumerated above falls on Saturday, the preceding Friday shall be granted, and if a holiday falls on Sunday, the Friday shall be granted, and if a holiday falls on Sunday, the following Monday shall be granted. following Monday shall be granted.

42 42 C. The Employer agrees that employees required to work on a C. The Employer agrees that employees required to work on a holiday provided above shall be compensated for any hours worked holiday provided above shall be compensated for any hours worked on the holiday by receiving one and one-half (1½) times the hours on the holiday by receiving one and one-half (1½) times the hours worked on the holiday in compensatory holiday time off. Such worked on the holiday in compensatory holiday time off. Such accrued holiday compensatory time may be utilized in one (1) hour accrued holiday compensatory time may be utilized in one (1) hour increments. If a holiday provided above falls on an employee’s increments. If a holiday provided above falls on an employee’s regularly scheduled day off, equivalent compensatory time off shall regularly scheduled day off, equivalent compensatory time off shall be granted at a later date. When such compensatory time off is to be granted at a later date. When such compensatory time off is to be granted, it shall be taken at the request of the employee with the be granted, it shall be taken at the request of the employee with the approval of the immediate supervisor. Such approval shall not be approval of the immediate supervisor. Such approval shall not be unreasonably withheld. Such time shall lapse if not used within unreasonably withheld. Such time shall lapse if not used within the subsequent twelve (12) month period, however, Conservation the subsequent twelve (12) month period, however, Conservation Officers shall be allowed, at all times, to bank up to one hundred Officers shall be allowed, at all times, to bank up to one hundred twenty (120) hours of holiday compensatory time. twenty (120) hours of holiday compensatory time.

D. To be eligible for holiday pay, employees must be in pay D. To be eligible for holiday pay, employees must be in pay status their last scheduled work day immediately before and status their last scheduled work day immediately before and their first scheduled work day immediately following each their first scheduled work day immediately following each holiday. Employees shall not be eligible for holiday pay during any holiday. Employees shall not be eligible for holiday pay during any period of leave of absence without pay. period of leave of absence without pay.

SECTION 6 Paid Annual Leave of Absence (Vacation) SECTION 6 Paid Annual Leave of Absence (Vacation) The Employer agrees to provide employees with a formal annual The Employer agrees to provide employees with a formal annual paid leave of absence plan (vacation) as set forth below: paid leave of absence plan (vacation) as set forth below:

A. Accrual A. Accrual 1. Permanent full-time employees shall begin earning annual 1. Permanent full-time employees shall begin earning annual leave on their first day in pay status. After completion of leave on their first day in pay status. After completion of the first six (6) months in a permanent position, employees the first six (6) months in a permanent position, employees are eligible for and shall be granted annual leave based on are eligible for and shall be granted annual leave based on their seniority date as follows: their seniority date as follows: Annual leave shall be based upon the date of hire and Annual leave shall be based upon the date of hire and accrue at the rate of eighty (80) hours each year for a full accrue at the rate of eighty (80) hours each year for a full year of service during the first four (4) years of service; year of service during the first four (4) years of service; one hundred twenty (120) hours each year for a full year one hundred twenty (120) hours each year for a full year of service during the next seven (7) years of service; one of service during the next seven (7) years of service; one hundred sixty (160) hours each year for a full year of hundred sixty (160) hours each year for a full year of 43 43 service after eleven (11) years of service; one hundred service after eleven (11) years of service; one hundred seventy-six (176) hours each year for a full year of service seventy-six (176) hours each year for a full year of service after nineteen (19) years of service; and two hundred (200) after nineteen (19) years of service; and two hundred (200) hours each year for a full year of service after twenty-four hours each year for a full year of service after twenty-four (24) years of service. (24) years of service. 2. Annual leave may be accumulated to twice the annual 2. Annual leave may be accumulated to twice the annual entitlement. entitlement. 3. Annual leave credits in any given year shall not be earned 3. Annual leave credits in any given year shall not be earned for any period of absence without pay. for any period of absence without pay. 4. Should an employee lose annual leave due to delayed 4. Should an employee lose annual leave due to delayed reporting of annual leave taken before the employee’s reporting of annual leave taken before the employee’s annual leave reaches maximum entitlement, the annual annual leave reaches maximum entitlement, the annual leave lost shall be restored to the employee’s annual leave leave lost shall be restored to the employee’s annual leave entitlement. entitlement. 5. Employees may convert up to fifty (50) hours of accrued 5. Employees may convert up to fifty (50) hours of accrued vacation at a rate of two (2) hours of vacation for one (1) vacation at a rate of two (2) hours of vacation for one (1) hour of sick leave to be placed in the employee’s sick leave hour of sick leave to be placed in the employee’s sick leave account. The request for vacation conversion to sick leave account. The request for vacation conversion to sick leave may only be made once during each fiscal year. Any may only be made once during each fiscal year. Any vacation converted to sick leave must be used pursuant to vacation converted to sick leave must be used pursuant to the provisions of Article IX, Section 8. the provisions of Article IX, Section 8. At the time of retirement, employees age fifty (50) or older At the time of retirement, employees age fifty (50) or older may convert a maximum of two hundred (200) vacation may convert a maximum of two hundred (200) vacation hours to sick leave at a conversion rate of one (1) hour hours to sick leave at a conversion rate of one (1) hour vacation for one (1) hour sick leave. vacation for one (1) hour sick leave.

B. Scheduling of Vacation B. Scheduling of Vacation The current departmental procedures and practices governing The current departmental procedures and practices governing the scheduling of choice of time and amounts of vacation shall the scheduling of choice of time and amounts of vacation shall continue. Employees shall not be precluded from taking vacation in continue. Employees shall not be precluded from taking vacation in increments of one (1) day. The parties recognize that the Employer increments of one (1) day. The parties recognize that the Employer has the right to determine the number of employees within each has the right to determine the number of employees within each classification and work unit that may be on vacation at any given classification and work unit that may be on vacation at any given time; however, vacations shall be granted at times and in amounts time; however, vacations shall be granted at times and in amounts most desired by employees whenever operations permit. Once most desired by employees whenever operations permit. Once 44 44 vacation periods have been scheduled, the Employer shall make vacation periods have been scheduled, the Employer shall make changes in employee vacation schedules only to meet unanticipated changes in employee vacation schedules only to meet unanticipated staff shortages or emergencies. In the event the Employer finds it staff shortages or emergencies. In the event the Employer finds it necessary to cancel a scheduled vacation, the affected employee necessary to cancel a scheduled vacation, the affected employee may reschedule the vacation during the remainder of the calendar may reschedule the vacation during the remainder of the calendar year or extend the scheduling of the vacation into the ensuing year or extend the scheduling of the vacation into the ensuing calendar year as the employee desires, providing it does not affect calendar year as the employee desires, providing it does not affect other employees’ vacation periods. other employees’ vacation periods.

In the event that a vacation request is denied due to operational In the event that a vacation request is denied due to operational need, the supervisor will solicit officers in that Post or casino who need, the supervisor will solicit officers in that Post or casino who are willing to work that shift(s) at straight time for the requestor. are willing to work that shift(s) at straight time for the requestor. If an officer agrees, the vacation request shall be granted and If an officer agrees, the vacation request shall be granted and the replacement officer shall work that shift(s). If no officers are the replacement officer shall work that shift(s). If no officers are willing or able to work the vacation day requested, the day off will willing or able to work the vacation day requested, the day off will continue to be denied. continue to be denied.

Once a day off request has been submitted, management shall Once a day off request has been submitted, management shall approve or deny the request within ten (10) days. approve or deny the request within ten (10) days.

If an employee is hospitalized while on his or her paid vacation, the If an employee is hospitalized while on his or her paid vacation, the portion of the paid vacation spent in the hospital may be rescheduled portion of the paid vacation spent in the hospital may be rescheduled upon satisfactory proof of said hospitalization being provided to upon satisfactory proof of said hospitalization being provided to the Employer. The Employer agrees that employees will not be the Employer. The Employer agrees that employees will not be required to return to work during their vacation period. required to return to work during their vacation period.

C. Catastrophic Illness Contributions C. Catastrophic Illness Contributions Employees may donate accrued annual leave to benefit another Employees may donate accrued annual leave to benefit another state employee for catastrophic illnesses of the employee or an state employee for catastrophic illnesses of the employee or an immediate family member. Annual leave shall be donated in no immediate family member. Annual leave shall be donated in no less than one (1) hour increments. The donating employee must less than one (1) hour increments. The donating employee must identify the specific amount of time donated and the name of the identify the specific amount of time donated and the name of the recipient of the donated annual leave on forms provided by the recipient of the donated annual leave on forms provided by the Employer for this purpose. Donated leave used by another State Employer for this purpose. Donated leave used by another State employee pursuant to this provision is removed from the donating employee pursuant to this provision is removed from the donating employee’s leave balance and is no longer available for use by the employee’s leave balance and is no longer available for use by the donating employee. Donated hours not used remain in the donating donating employee. Donated hours not used remain in the donating employee’s accrued leave balance. employee’s accrued leave balance. 45 45 D. If a Special Agent’s written request for vacation has been approved D. If a Special Agent’s written request for vacation has been approved and the vacation has been taken, those hours are deemed to be part and the vacation has been taken, those hours are deemed to be part of the 40 hour work week in which the vacation was taken. If during of the 40 hour work week in which the vacation was taken. If during the work week when the vacation is taken, Management directs a the work week when the vacation is taken, Management directs a Special Agent to work a schedule that, inclusive of the vacation Special Agent to work a schedule that, inclusive of the vacation taken, would equal or exceed 40 hours for the work week, the taken, would equal or exceed 40 hours for the work week, the Special Agent, with Management’s approval, may submit a written Special Agent, with Management’s approval, may submit a written request to rescind the vacation leave. Management will reply to the request to rescind the vacation leave. Management will reply to the Special Agent’s request to rescind the vacation in writing. Special Agent’s request to rescind the vacation in writing.

The above paragraph is not intended to modify Article VIII. The The above paragraph is not intended to modify Article VIII. The Special Agent will be compensated at one and one-half (1½) times Special Agent will be compensated at one and one-half (1½) times the hourly rate only after the total hours actually worked in a given the hourly rate only after the total hours actually worked in a given work week exceeds forty (40) hours. work week exceeds forty (40) hours.

SECTION 7 Family and Medical Leave SECTION 7 Family and Medical Leave General Purpose: This Agreement establishes the rights and General Purpose: This Agreement establishes the rights and obligations of the State of Iowa (hereinafter the State or the obligations of the State of Iowa (hereinafter the State or the Employer) and bargaining unit members of the State Police Officers Employer) and bargaining unit members of the State Police Officers Council (hereinafter SPOC) with respect to leave for the care of Council (hereinafter SPOC) with respect to leave for the care of employees and their families pursuant to the Family and Medical employees and their families pursuant to the Family and Medical Leave Act of 1993 (FMLA) and the Federal Regulations published Leave Act of 1993 (FMLA) and the Federal Regulations published by the U.S. Department of Labor in January 2009. In an effort to by the U.S. Department of Labor in January 2009. In an effort to apply the FMLA to the SPOC bargaining unit members, the parties apply the FMLA to the SPOC bargaining unit members, the parties agree to the following: agree to the following:

Eligible Employees: To be eligible for leave pursuant to this Eligible Employees: To be eligible for leave pursuant to this Agreement, an employee must have been employed by the State Agreement, an employee must have been employed by the State of Iowa for at least twelve (12) months in the past seven (7) years of Iowa for at least twelve (12) months in the past seven (7) years and have actually worked at least one thousand two hundred fifty and have actually worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) months immediately preceding (1,250) hours during the twelve (12) months immediately preceding the date the leave is to commence. the date the leave is to commence.

Leave Availability: It is the Employer’s responsibility to designate Leave Availability: It is the Employer’s responsibility to designate leave as FMLA qualifying leave. The Employer shall designate leave as FMLA qualifying leave. The Employer shall designate leave as FMLA leave when the leave qualifies for FMLA leave, leave as FMLA leave when the leave qualifies for FMLA leave, even if the employee makes no request for FMLA leave or does even if the employee makes no request for FMLA leave or does not request the leave to be counted as FMLA leave. The Employer not request the leave to be counted as FMLA leave. The Employer shall give notice of the designation to the employee provided for in shall give notice of the designation to the employee provided for in

46 46 the FMLA regulations. Eligible employees can take up to twelve the FMLA regulations. Eligible employees can take up to twelve (12) weeks of paid and/or unpaid leave during a fiscal year for any (12) weeks of paid and/or unpaid leave during a fiscal year for any of the following reasons: of the following reasons: 1. The birth of a son or daughter and to care for the newborn 1. The birth of a son or daughter and to care for the newborn child. An employee’s eligibility for leave under this child. An employee’s eligibility for leave under this Subsection expires at the end of the twelve (12) month Subsection expires at the end of the twelve (12) month period beginning on the date of the birth. period beginning on the date of the birth. 2. For placement with the employee of a son or daughter for 2. For placement with the employee of a son or daughter for adoption or foster care. An employee’s eligibility for leave adoption or foster care. An employee’s eligibility for leave under this Subsection expires at the end of the twelve (12) under this Subsection expires at the end of the twelve (12) month period beginning on the date of the placement. month period beginning on the date of the placement. 3. To care for the employee’s spouse, son, daughter, or 3. To care for the employee’s spouse, son, daughter, or parent with a serious health condition. “Spouse” includes parent with a serious health condition. “Spouse” includes husband or wife as defined or recognized under State law husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee for purposes of marriage in the State where the employee resides, including common law marriage, in states where resides, including common law marriage, in states where such is recognized. “Parent” means a biological parent or such is recognized. “Parent” means a biological parent or an individual who stands, or stood, in loco parentis when the an individual who stands, or stood, in loco parentis when the employee was a son or daughter. “Parent” does not include employee was a son or daughter. “Parent” does not include in-laws or other relatives unless they stood in loco parentis. in-laws or other relatives unless they stood in loco parentis. Persons who are “in loco parentis” include those having Persons who are “in loco parentis” include those having day-to-day responsibilities to care for and financially day-to-day responsibilities to care for and financially support a child. support a child. In reference to an employee, the person who had day-to- In reference to an employee, the person who had day-to- day responsibility for the care and financial support of the day responsibility for the care and financial support of the employee when the employee was a child. A biological or employee when the employee was a child. A biological or legal relationship is not necessary. legal relationship is not necessary. 4. Because of a serious health condition that makes the 4. Because of a serious health condition that makes the employee unable to perform the essential functions of the employee unable to perform the essential functions of the employee’s job. employee’s job. 5. Because of any qualifying exigency arising out of the 5. Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty, or has been is a covered military member on active duty, or has been notified of an impending call or order to active duty in notified of an impending call or order to active duty in support of a contingency operation. support of a contingency operation. 47 47 Military Caregiver Leave: Eligible employees can take up to Military Caregiver Leave: Eligible employees can take up to twenty-six (26) weeks of paid and/or unpaid leave in a twelve (12) twenty-six (26) weeks of paid and/or unpaid leave in a twelve (12) month period to provide care to a covered service member. The month period to provide care to a covered service member. The twelve (12) month period begins on the first date military caregiver twelve (12) month period begins on the first date military caregiver leave is taken. leave is taken.

“Covered military member” for purposes of qualifying exigency “Covered military member” for purposes of qualifying exigency leave means the employee’s spouse, son, daughter, or parent on leave means the employee’s spouse, son, daughter, or parent on active duty or call to active duty status. active duty or call to active duty status.

“Covered service member” means a current member of the Armed “Covered service member” means a current member of the Armed Forces, including a member of the National Guard or Reserves, Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the disability retired list, for a serious injury or illness incurred in the line of duty on active duty. line of duty on active duty.

“Serious health condition” is an illness, injury, impairment or “Serious health condition” is an illness, injury, impairment or physical or mental condition as defined in the FMLA regulations. physical or mental condition as defined in the FMLA regulations.

“Son or daughter” for purposes of medical FMLA leave means a “Son or daughter” for purposes of medical FMLA leave means a biological, adopted, or foster child, stepchild, legal ward, or a child biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis, who is either under the age of a person standing in loco parentis, who is either under the age of eighteen (18), or age eighteen (18) or older and incapable of self- of eighteen (18), or age eighteen (18) or older and incapable of self- care because of a mental or physical disability at the time FMLA care because of a mental or physical disability at the time FMLA leave is to commence. leave is to commence.

“Son or daughter of a covered service member” means the service “Son or daughter of a covered service member” means the service member’s biological, adopted, or foster child, stepchild, legal ward, member’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the service member stood in loco parentis, and or a child for whom the service member stood in loco parentis, and who is of any age. who is of any age.

“Son or daughter on active duty or call to active duty status” means “Son or daughter on active duty or call to active duty status” means the employee’s biological, adopted, or foster child, stepchild, legal the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age. is on active duty or call to active duty status, and who is of any age.

“Health care provider” is defined in the FMLA regulations. “Health care provider” is defined in the FMLA regulations. 48 48 Notice Requirement: Notice Requirement: A. When the Reason for the Leave is Foreseeable: Employees A. When the Reason for the Leave is Foreseeable: Employees must give the Employer at least thirty (30) days notice when the must give the Employer at least thirty (30) days notice when the reason for the leave is foreseeable. When thirty (30) days notice reason for the leave is foreseeable. When thirty (30) days notice is not practicable, the employee must give the Employer notice of is not practicable, the employee must give the Employer notice of the leave as soon as practicable. Employees must make reasonable the leave as soon as practicable. Employees must make reasonable efforts to schedule a foreseeable or planned leave of absence so that efforts to schedule a foreseeable or planned leave of absence so that it does not unduly disrupt the Employer’s operations. it does not unduly disrupt the Employer’s operations.

B. When the Reason for the Leave is Unforeseeable: When the B. When the Reason for the Leave is Unforeseeable: When the approximate timing of the need for leave is not foreseeable, an approximate timing of the need for leave is not foreseeable, an employee should give notice to the Employer of the need for FMLA employee should give notice to the Employer of the need for FMLA leave as soon as practicable under the facts and circumstances of leave as soon as practicable under the facts and circumstances of the particular case. It is expected that an employee will give notice the particular case. It is expected that an employee will give notice to the Employer within no more than one (1) or two (2) working to the Employer within no more than one (1) or two (2) working days of learning of the need for leave, except in extraordinary days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. In the case of circumstances where such notice is not feasible. In the case of a medical emergency requiring leave because of an employee’s a medical emergency requiring leave because of an employee’s own serious health condition or to care for a family member with own serious health condition or to care for a family member with a serious health condition, written advance notice pursuant to an a serious health condition, written advance notice pursuant to an Employer’s internal rules and procedures may not be required when Employer’s internal rules and procedures may not be required when FMLA leave is involved. FMLA leave is involved.

C. “As soon as practicable” means as soon as, both, possible and C. “As soon as practicable” means as soon as, both, possible and practical, taking into account all of the facts and circumstances practical, taking into account all of the facts and circumstances in the individual case. When an employee becomes aware of a in the individual case. When an employee becomes aware of a need for leave less than thirty (30) days in advance, it should be need for leave less than thirty (30) days in advance, it should be practicable for the employee to provide notice either the same day practicable for the employee to provide notice either the same day or the next business day. Untimely requests or failure to provide or the next business day. Untimely requests or failure to provide mandatory information to the Employer may result in delay or mandatory information to the Employer may result in delay or denial of the FMLA leave. For foreseeable leave due to a qualifying denial of the FMLA leave. For foreseeable leave due to a qualifying exigency, notice must be provided as soon as practicable, regardless exigency, notice must be provided as soon as practicable, regardless of how far in advance such leave is foreseeable. In cases where the of how far in advance such leave is foreseeable. In cases where the employee is required to provide at least thirty (30) days notice of employee is required to provide at least thirty (30) days notice of foreseeable leave and does not do so, the employee shall explain the foreseeable leave and does not do so, the employee shall explain the reasons why such notice was not practicable upon a request from reasons why such notice was not practicable upon a request from the Employer for such information. the Employer for such information.

49 49 When an employee requests FMLA leave, or when the Employer When an employee requests FMLA leave, or when the Employer acquires knowledge that an employee’s leave may be for an FMLA- acquires knowledge that an employee’s leave may be for an FMLA- qualifying reason, the Employer must notify the employee of the qualifying reason, the Employer must notify the employee of the employee’s eligibility to take FMLA leave within five (5) business employee’s eligibility to take FMLA leave within five (5) business days. Employee eligibility is determined at the commencement of days. Employee eligibility is determined at the commencement of the first instance of leave for each FMLA-qualifying reason in the the first instance of leave for each FMLA-qualifying reason in the applicable twelve (12) month period. All FMLA absences for the applicable twelve (12) month period. All FMLA absences for the same qualifying reason are considered a single leave and employee same qualifying reason are considered a single leave and employee eligibility does not change during the twelve (12) month period. eligibility does not change during the twelve (12) month period.

The Employer is responsible for designating leave as FMLA- The Employer is responsible for designating leave as FMLA- qualifying, and for giving written notice of the designation to the qualifying, and for giving written notice of the designation to the employee. This notice must be given within five (5) business days employee. This notice must be given within five (5) business days after the Employer has enough information to determine that the after the Employer has enough information to determine that the leave is FMLA-qualifying. Only one (1) notice is required for each leave is FMLA-qualifying. Only one (1) notice is required for each FMLA-qualifying reason during the leave year. The Employer FMLA-qualifying reason during the leave year. The Employer must also notify the employee if it is determined that the leave is must also notify the employee if it is determined that the leave is not FMLA-qualifying. If the leave is not FMLA-qualifying, the not FMLA-qualifying. If the leave is not FMLA-qualifying, the Employer must provide a reason for the ineligibility. Employer must provide a reason for the ineligibility.

Intermittent or Reduced Leave: An eligible employee may take Intermittent or Reduced Leave: An eligible employee may take leave to care for a family member with a serious health condition leave to care for a family member with a serious health condition on an intermittent basis, or on a reduced leave schedule, when a on an intermittent basis, or on a reduced leave schedule, when a health care provider deems it medically necessary. This is also true health care provider deems it medically necessary. This is also true if the employee is unable to perform the essential functions of his if the employee is unable to perform the essential functions of his or her job because of a chronic serious health condition, even if the or her job because of a chronic serious health condition, even if the employee does not receive treatment by a health care provider. employee does not receive treatment by a health care provider.

If an employee requests an intermittent leave or reduced schedule, If an employee requests an intermittent leave or reduced schedule, the Employer may temporarily assign the employee to an alternative the Employer may temporarily assign the employee to an alternative job with equal pay and benefits that better accommodates the job with equal pay and benefits that better accommodates the recurring leave periods. The employee may also work reduced recurring leave periods. The employee may also work reduced weekly or daily schedules to accommodate the recurring weekly or daily schedules to accommodate the recurring absences. Intermittent leave for the birth, adoption or foster absences. Intermittent leave for the birth, adoption or foster placement of a son or daughter is available only with the mutual placement of a son or daughter is available only with the mutual agreement of the employee and the Employer. agreement of the employee and the Employer.

50 50 Double Spouse Leave: When both spouses are employed by the Double Spouse Leave: When both spouses are employed by the State of Iowa and are eligible for leave under this Agreement, they State of Iowa and are eligible for leave under this Agreement, they are limited to a combined total of twelve (12) weeks of leave for the are limited to a combined total of twelve (12) weeks of leave for the birth, adoption and foster placement of a son or daughter, or the birth, adoption and foster placement of a son or daughter, or the care of a parent. care of a parent.

Medical Certification: The Employer may require a certificate Medical Certification: The Employer may require a certificate from a health care provider to document that the employee or his from a health care provider to document that the employee or his or her spouse, child, or parent has a serious health condition. The or her spouse, child, or parent has a serious health condition. The Employer may request a second opinion at the Employer’s expense Employer may request a second opinion at the Employer’s expense and designate the health care provider. However, the Employer and designate the health care provider. However, the Employer may not select a physician who is employed on a regular basis by may not select a physician who is employed on a regular basis by the State or has a contract with the Employer for furnishing second the State or has a contract with the Employer for furnishing second opinions for Family and Medical Leave unless the employee seeking opinions for Family and Medical Leave unless the employee seeking Family and Medical Leave is located in an area where access to a Family and Medical Leave is located in an area where access to a health care provider is extremely limited. health care provider is extremely limited.

If the second opinion is different from the first, the Employer If the second opinion is different from the first, the Employer may require at the Employer’s own expense a third opinion from may require at the Employer’s own expense a third opinion from a provider that the Employer and employee jointly designate. The a provider that the Employer and employee jointly designate. The third opinion is binding. The Employer may require the employee third opinion is binding. The Employer may require the employee to provide a return-to-work verification following the end of a leave to provide a return-to-work verification following the end of a leave of absence. of absence.

The Employer may not require certification regarding the birth of The Employer may not require certification regarding the birth of a child. a child.

Care for a family member may merely include psychological Care for a family member may merely include psychological comfort or reassurance, filling in for others who are also caring for comfort or reassurance, filling in for others who are also caring for the family member, or making arrangements for changes in care for the family member, or making arrangements for changes in care for the ill family member, as certified by a health care provider. the ill family member, as certified by a health care provider.

The Employer shall notify the employee of the need for certification The Employer shall notify the employee of the need for certification when appropriate and shall provide the employee with the when appropriate and shall provide the employee with the Certification of Health Care Provider form, as prescribed by the U.S. Certification of Health Care Provider form, as prescribed by the U.S. Department of Labor, which is used to obtain medical certification Department of Labor, which is used to obtain medical certification for qualifying FMLA leave. The employee must return the medical for qualifying FMLA leave. The employee must return the medical certification to the Employer within fifteen (15) days of the request; certification to the Employer within fifteen (15) days of the request; 51 51 or for leaves of fifteen (15) calendar days or less, upon return to or for leaves of fifteen (15) calendar days or less, upon return to work from an absence that may qualify as FMLA leave; or as soon work from an absence that may qualify as FMLA leave; or as soon thereafter as practicable under the circumstances. thereafter as practicable under the circumstances.

When the employee is substituting paid sick leave for unpaid FMLA When the employee is substituting paid sick leave for unpaid FMLA leave, the certification requirements of this Agreement shall apply. leave, the certification requirements of this Agreement shall apply.

Recertification: The Employer may require recertification as Recertification: The Employer may require recertification as appropriate under the FMLA regulations. appropriate under the FMLA regulations.

Use of Accrued Paid Leave: An employee may, but will not be Use of Accrued Paid Leave: An employee may, but will not be required to, substitute accrued paid leave such as vacation or sick required to, substitute accrued paid leave such as vacation or sick leave for any part of the twelve (12) week period the employee is leave for any part of the twelve (12) week period the employee is entitled to under this Agreement. entitled to under this Agreement.

Maintaining Health Insurance: The Employer shall maintain Maintaining Health Insurance: The Employer shall maintain the employee’s health and dental insurance under the group health the employee’s health and dental insurance under the group health plan during leaves of absences taken under this Agreement. The plan during leaves of absences taken under this Agreement. The Employer shall maintain this insurance at the same level and under Employer shall maintain this insurance at the same level and under the same conditions as if the employee continued to work. the same conditions as if the employee continued to work.

Employees must continue to pay any portion of the premiums that Employees must continue to pay any portion of the premiums that they paid prior to the leave. If an employee ceases making premium they paid prior to the leave. If an employee ceases making premium payments, and if payments are more than thirty (30) calendar days payments, and if payments are more than thirty (30) calendar days late, the Employer’s obligation to maintain the insurance ceases. It late, the Employer’s obligation to maintain the insurance ceases. It also ceases if the employee fails to return from leave or expresses also ceases if the employee fails to return from leave or expresses an intention not to return from leave. an intention not to return from leave.

If the employee does not return to work after FMLA leave for If the employee does not return to work after FMLA leave for reasons other than a continuance, recurrence, or onset of a serious reasons other than a continuance, recurrence, or onset of a serious health condition which would entitle the employee to leave under health condition which would entitle the employee to leave under FMLA or due to circumstances beyond the employee’s control, the FMLA or due to circumstances beyond the employee’s control, the Employer may recover health insurance premiums paid while the Employer may recover health insurance premiums paid while the employee was on unpaid leave. This may be accomplished through employee was on unpaid leave. This may be accomplished through deductions from wages and vacation pay. deductions from wages and vacation pay.

Employees may elect to continue any other insurance carried Employees may elect to continue any other insurance carried through the Employer at the employee’s expense. through the Employer at the employee’s expense. 52 52 Re-employment Rights: Upon returning from FMLA leave, Re-employment Rights: Upon returning from FMLA leave, an employee is entitled to the same position or an equivalent an employee is entitled to the same position or an equivalent position. An equivalent position is one with the same pay, benefits position. An equivalent position is one with the same pay, benefits and working conditions (shift and schedule) and the same or and working conditions (shift and schedule) and the same or substantially similar duties, conditions, privileges, and status substantially similar duties, conditions, privileges, and status which require equivalent skill, effort, responsibility and authority. which require equivalent skill, effort, responsibility and authority.

The employee is not entitled to accrue employment benefits during The employee is not entitled to accrue employment benefits during the leave period without pay if the FMLA leave is more than thirty the leave period without pay if the FMLA leave is more than thirty (30) days. However, the leave period will be treated as continued (30) days. However, the leave period will be treated as continued service for purposes of seniority accrual. service for purposes of seniority accrual.

The Employer may deny reinstatement if the Employer can prove The Employer may deny reinstatement if the Employer can prove that the employee would not otherwise have been employed at the that the employee would not otherwise have been employed at the time reinstatement is requested. time reinstatement is requested.

The Employer shall comply with all confidentiality and privacy The Employer shall comply with all confidentiality and privacy mandates of the FMLA regulations. mandates of the FMLA regulations.

SECTION 8 Sick Leave SECTION 8 Sick Leave A. Accrual A. Accrual 1. All permanent full-time bargaining unit employees of the 1. All permanent full-time bargaining unit employees of the State shall accrue sick leave at the rate established by the State shall accrue sick leave at the rate established by the following chart: following chart: HOURS OF ACCRUED HOURS OF ACCRUED SICK LEAVE RATE OF ACCRUAL SICK LEAVE RATE OF ACCRUAL 0 - 2,000 8 hours/month 0 - 2,000 8 hours/month 2,000 - 2,500 6 hours/month 2,000 - 2,500 6 hours/month 2,500 and up 4 hours/month 2,500 and up 4 hours/month 2. Employees may convert up to fifty (50) hours of accrued 2. Employees may convert up to fifty (50) hours of accrued vacation at a rate of two (2) hours of vacation for one (1) vacation at a rate of two (2) hours of vacation for one (1) hour of sick leave pursuant to Article IX, Section 6(A)(5). hour of sick leave pursuant to Article IX, Section 6(A)(5). Sick leave shall not accrue during any period of absence Sick leave shall not accrue during any period of absence without pay. If an employee’s hours of accrued sick leave without pay. If an employee’s hours of accrued sick leave drop to a lower category as established by the chart above, drop to a lower category as established by the chart above,

53 53 the employee shall earn sick leave at the appropriate accrual the employee shall earn sick leave at the appropriate accrual rate for that category. rate for that category.

B. Utilization of Sick Leave B. Utilization of Sick Leave 1. Employees may use accrued sick leave for personal illness 1. Employees may use accrued sick leave for personal illness (both physical and mental), bodily injuries, medically (both physical and mental), bodily injuries, medically related disabilities resulting from pregnancy and childbirth, related disabilities resulting from pregnancy and childbirth, or exposure to contagious disease: (a) which require the or exposure to contagious disease: (a) which require the employee’s confinement; or (b) which render the employee employee’s confinement; or (b) which render the employee unable to perform assigned duties; or (c) where performance unable to perform assigned duties; or (c) where performance of assigned duties would jeopardize the employee’s health of assigned duties would jeopardize the employee’s health or recovery. or recovery. Sick leave may be granted only on satisfactory evidence Sick leave may be granted only on satisfactory evidence of sickness or injury on the part of the employee. In the of sickness or injury on the part of the employee. In the event the Appointing Authority has reason to believe an event the Appointing Authority has reason to believe an employee is abusing the sick leave privilege or may not be employee is abusing the sick leave privilege or may not be physically fit to return to work, the Appointing Authority physically fit to return to work, the Appointing Authority may require a medical certificate or other appropriate may require a medical certificate or other appropriate verification. Employees will be permitted to use verification. Employees will be permitted to use compensatory time off and/or annual leave in lieu of sick compensatory time off and/or annual leave in lieu of sick leave when they so request. When a holiday falls while an leave when they so request. When a holiday falls while an employee is on paid sick leave, the employee’s sick leave employee is on paid sick leave, the employee’s sick leave account shall not be charged for the holiday period. account shall not be charged for the holiday period. 2. Where death occurs in the immediate family of the 2. Where death occurs in the immediate family of the employee, accrued sick leave may be used, not to exceed employee, accrued sick leave may be used, not to exceed five (5) working days for each such occurrence. Immediate five (5) working days for each such occurrence. Immediate family is defined as, and limited to, the wife, husband, child, family is defined as, and limited to, the wife, husband, child, parents, grandparents, foster children, brothers (and their parents, grandparents, foster children, brothers (and their spouses), and sisters (and their spouses) of the employee or spouses), and sisters (and their spouses) of the employee or spouse; aunts and uncles of the employee; or other relatives spouse; aunts and uncles of the employee; or other relatives residing in the employee’s immediate household. residing in the employee’s immediate household. 3. Employees may use accrued sick leave for personal medical 3. Employees may use accrued sick leave for personal medical or dental appointments which cannot be scheduled at times or dental appointments which cannot be scheduled at times other than during working hours. other than during working hours.

54 54 4. Employees may use accrued sick leave for temporary 4. Employees may use accrued sick leave for temporary emergency care of ill or injured members of the immediate emergency care of ill or injured members of the immediate family (as defined in paragraph 2. above) for a limited family (as defined in paragraph 2. above) for a limited period of time to permit the employee to make other period of time to permit the employee to make other arrangements. Use of sick leave for purposes of this arrangements. Use of sick leave for purposes of this Section is limited to five (5) shifts or forty (40) hours, Section is limited to five (5) shifts or forty (40) hours, whichever is greater, per year. whichever is greater, per year. Employees may carry over up to forty (40) hours of unused Employees may carry over up to forty (40) hours of unused family care leave to the next fiscal year, for a maximum family care leave to the next fiscal year, for a maximum utilization of eighty (80) hours per fiscal year. utilization of eighty (80) hours per fiscal year. 5. Sick leave shall not be used for any reasons not specifically 5. Sick leave shall not be used for any reasons not specifically set forth above. set forth above.

C. Sick Leave Accounts C. Sick Leave Accounts The first ninety (90) days (seven hundred twenty (720) hours) of The first ninety (90) days (seven hundred twenty (720) hours) of accrued sick leave shall be placed in an employee’s active sick leave accrued sick leave shall be placed in an employee’s active sick leave account. All additional accrued sick leave shall be placed in an account. All additional accrued sick leave shall be placed in an employee’s banked sick leave account. Sick leave in an employee’s employee’s banked sick leave account. Sick leave in an employee’s banked account may not be used until the active sick leave account banked account may not be used until the active sick leave account is exhausted and only in the event the employee has an extended is exhausted and only in the event the employee has an extended illness of at least five (5) working days in duration. illness of at least five (5) working days in duration.

D. Cancellation of Sick Leave D. Cancellation of Sick Leave Separation from State service shall cancel all unused accumulated Separation from State service shall cancel all unused accumulated sick leave. However, when an employee is laid off, any unused sick leave. However, when an employee is laid off, any unused accumulated sick leave shall be restored, provided the employee is accumulated sick leave shall be restored, provided the employee is re-employed by any agency of the State within one (1) year. re-employed by any agency of the State within one (1) year.

E. Use of Sick Leave Upon Retirement E. Use of Sick Leave Upon Retirement Upon retirement, including disability retirement, employees shall Upon retirement, including disability retirement, employees shall receive credit for all unused sick leave as follows: receive credit for all unused sick leave as follows:

Accumulated, unused sick leave in both the active and banked sick Accumulated, unused sick leave in both the active and banked sick leave accounts shall be converted at current value and credited to leave accounts shall be converted at current value and credited to the employee’s account for the purpose of paying the cost of the the employee’s account for the purpose of paying the cost of the monthly premiums of a health insurance and/or life insurance monthly premiums of a health insurance and/or life insurance policy. policy. 55 55 Upon written authority from or upon the death of a retired employee, Upon written authority from or upon the death of a retired employee, or upon the death of an active employee, the spouse or surviving or upon the death of an active employee, the spouse or surviving spouse shall be entitled to the value of the sick leave bank in both spouse shall be entitled to the value of the sick leave bank in both the active and banked sick leave accounts as converted in the the active and banked sick leave accounts as converted in the previous paragraph for the purpose of paying the cost of monthly previous paragraph for the purpose of paying the cost of monthly premiums of a health insurance and/or life insurance policy for the premiums of a health insurance and/or life insurance policy for the employee’s spouse or dependents. employee’s spouse or dependents.

If the Carrier of either the health or life insurance policy is not a If the Carrier of either the health or life insurance policy is not a current contracted Carrier with the State of Iowa, or the Council current contracted Carrier with the State of Iowa, or the Council or any of its sub-organizations, the employee or spouse shall be or any of its sub-organizations, the employee or spouse shall be eligible for reimbursement of a premium payment to that Carrier eligible for reimbursement of a premium payment to that Carrier upon submission of proof of payment as directed by the Department upon submission of proof of payment as directed by the Department of Administrative Services – State Accounting Enterprise. If of Administrative Services – State Accounting Enterprise. If there is a dissolution of marriage or divorce, it is the employee’s there is a dissolution of marriage or divorce, it is the employee’s responsibility to withdraw their authority from the Department of responsibility to withdraw their authority from the Department of Administrative Services – State Accounting Enterprise. Administrative Services – State Accounting Enterprise.

F. Conversion Rights F. Conversion Rights 1. All bargaining unit employees who have accumulated 1. All bargaining unit employees who have accumulated a minimum of thirty (30) days (two hundred forty (240) a minimum of thirty (30) days (two hundred forty (240) hours) in their sick leave account and who do not use sick hours) in their sick leave account and who do not use sick leave for a full calendar month may elect to have two and leave for a full calendar month may elect to have two and sixty-seven hundredths (2.67) hours added to their accrued sixty-seven hundredths (2.67) hours added to their accrued vacation account in lieu of adding eight (8) hours to their vacation account in lieu of adding eight (8) hours to their accrued sick leave account. accrued sick leave account. 2. In the case of eligible permanent part-time employees, such 2. In the case of eligible permanent part-time employees, such conversion rights shall be prorated at the rate of three (3) to conversion rights shall be prorated at the rate of three (3) to one (1) (one (1) hour of vacation for every three (3) hours of one (1) (one (1) hour of vacation for every three (3) hours of earned sick leave). earned sick leave). 3. Employees who have made an election pursuant to this 3. Employees who have made an election pursuant to this Section will be allowed to accumulate up to an additional Section will be allowed to accumulate up to an additional twelve (12) days (ninety-six (96) hours) beyond twice their twelve (12) days (ninety-six (96) hours) beyond twice their annual vacation and unscheduled holiday entitlement. annual vacation and unscheduled holiday entitlement.

56 56 G. Work-Related Injuries G. Work-Related Injuries In the event of a work-related injury (those injuries covered by In the event of a work-related injury (those injuries covered by the Iowa Workers’ Compensation Law) of at least five (5) days in the Iowa Workers’ Compensation Law) of at least five (5) days in duration, the employee shall be allowed to utilize up to sixty (60) duration, the employee shall be allowed to utilize up to sixty (60) days of paid leave per incident which shall not be charged against days of paid leave per incident which shall not be charged against the active or banked sick leave accounts. The employee must first the active or banked sick leave accounts. The employee must first utilize five (5) days of his or her sick leave before being allowed to utilize five (5) days of his or her sick leave before being allowed to utilize the above described sixty (60) days of paid leave. Employees utilize the above described sixty (60) days of paid leave. Employees will continue to accrue sick leave during this sixty (60) day period. will continue to accrue sick leave during this sixty (60) day period.

Once an employee elects to supplement Workers’ Compensation Once an employee elects to supplement Workers’ Compensation benefits with accrued sick leave, vacation, or earned compensatory benefits with accrued sick leave, vacation, or earned compensatory time for a pay period, that election must remain the same for the time for a pay period, that election must remain the same for the entire pay period. Employees must utilize one (1) type of leave for entire pay period. Employees must utilize one (1) type of leave for each election or employees may choose not to supplement. each election or employees may choose not to supplement.

If after the above sixty (60) days paid leave the employee is still If after the above sixty (60) days paid leave the employee is still unable to return to work, the employee will then utilize his or her unable to return to work, the employee will then utilize his or her accrued sick leave or apply for Workers’ Compensation benefits. accrued sick leave or apply for Workers’ Compensation benefits. Upon request, employees may supplement Workers’ Compensation Upon request, employees may supplement Workers’ Compensation benefits with accrued sick leave, vacation or earned compensatory benefits with accrued sick leave, vacation or earned compensatory time; however, the total compensation received shall not exceed the time; however, the total compensation received shall not exceed the employee’s present salary. employee’s present salary.

In the event the employee is unable to return to work after exhausting In the event the employee is unable to return to work after exhausting his or her active and banked sick leave account, the employee will his or her active and banked sick leave account, the employee will be placed on disability in accordance with departmental rules and be placed on disability in accordance with departmental rules and regulations and existing insurance policies. regulations and existing insurance policies.

H. Disability H. Disability Employees will not be required to exhaust their sick leave before Employees will not be required to exhaust their sick leave before applying for disability retirement under the provisions of Chapter applying for disability retirement under the provisions of Chapter 97A, Code of Iowa. 97A, Code of Iowa.

Any affected employee may also utilize his or her accrued vacation Any affected employee may also utilize his or her accrued vacation leave, accrued holiday leave, and earned compensatory time in lieu leave, accrued holiday leave, and earned compensatory time in lieu of utilizing his or her accrued sick leave. of utilizing his or her accrued sick leave.

57 57 1. Employees who have suffered disabling injuries or illnesses, 1. Employees who have suffered disabling injuries or illnesses, who have exhausted their rights to return to work under who have exhausted their rights to return to work under the provisions of this Agreement, and who have recovered the provisions of this Agreement, and who have recovered sufficiently to return to employment will be allowed to sufficiently to return to employment will be allowed to return to work upon providing documentation from their return to work upon providing documentation from their attending physician of their release to return to work to the attending physician of their release to return to work to the Human Resources Enterprise. At such time they will be Human Resources Enterprise. At such time they will be placed on the recall list created by Article VI, Section 2(F) placed on the recall list created by Article VI, Section 2(F) (1) of this Agreement for the class they held prior to their (1) of this Agreement for the class they held prior to their disability. disability. 2. In addition, the employee may also designate up to 2. In addition, the employee may also designate up to twenty- five (25) other classes (provided he/she meets the twenty- five (25) other classes (provided he/she meets the qualifications or passes the applicable Merit or Regents qualifications or passes the applicable Merit or Regents Merit test) and the specific counties to which the employee Merit test) and the specific counties to which the employee will accept recall. If the employee is recalled to a position in will accept recall. If the employee is recalled to a position in a classification which the employee has not previously held, a classification which the employee has not previously held, the employee will serve a probation period. If the recalled the employee will serve a probation period. If the recalled employee fails to successfully complete the probationary employee fails to successfully complete the probationary period, the employee will be laid off without bumping period, the employee will be laid off without bumping rights and placed on recall as described above for a period rights and placed on recall as described above for a period of two (2) years. of two (2) years. 3. Disabled employees who are placed on recall as described 3. Disabled employees who are placed on recall as described in paragraph 2 above, will be offered positions in the in paragraph 2 above, will be offered positions in the classes for which qualified in seniority order along with the classes for which qualified in seniority order along with the other employees on the recall list. other employees on the recall list. 4. Each employee’s sick leave account shall be credited on 4. Each employee’s sick leave account shall be credited on July 1 of each year with the days of sick leave previously July 1 of each year with the days of sick leave previously accrued by that employee. accrued by that employee.

SECTION 9 Shift Differential SECTION 9 Shift Differential A. The following language will apply to all bargaining unit A. The following language will apply to all bargaining unit employees except State Troopers. employees except State Troopers.

The Employer agrees to pay, in addition to the employee’s regular The Employer agrees to pay, in addition to the employee’s regular hourly rate, a shift differential of ninety cents ($0.90) per hour for hourly rate, a shift differential of ninety cents ($0.90) per hour for any regularly scheduled shift of which four (4) or more hours occur any regularly scheduled shift of which four (4) or more hours occur between 6:00 p.m. and midnight. between 6:00 p.m. and midnight. 58 58 For any scheduled shift in which one (1) or more hours fall between For any scheduled shift in which one (1) or more hours fall between midnight and 7:00 a.m., the Employer agrees to pay, in addition to midnight and 7:00 a.m., the Employer agrees to pay, in addition to the employee’s regular hourly rate, a shift differential of one dollar the employee’s regular hourly rate, a shift differential of one dollar ($1.00) per hour for all hours worked on that shift. ($1.00) per hour for all hours worked on that shift.

Employees shall not be eligible for shift differentials pursuant to Employees shall not be eligible for shift differentials pursuant to this Section as a result of an extension of their regular work day into this Section as a result of an extension of their regular work day into a shift differential period. a shift differential period.

B . The following language will apply to State Troopers only: B . The following language will apply to State Troopers only: For any shift worked in which four (4) or more hours fall between For any shift worked in which four (4) or more hours fall between 6:00 p.m. and midnight, the Employer agrees to pay, in addition 6:00 p.m. and midnight, the Employer agrees to pay, in addition to the employee’s regular hourly rate, a shift differential of ninety to the employee’s regular hourly rate, a shift differential of ninety cents ($0.90) per hour for all hours worked on that shift. cents ($0.90) per hour for all hours worked on that shift.

For any shift worked in which four (4) or more hours fall between For any shift worked in which four (4) or more hours fall between midnight and 7:00 a.m., the Employer agrees to pay, in addition to midnight and 7:00 a.m., the Employer agrees to pay, in addition to the employee’s regular hourly rate, a shift differential of one dollar the employee’s regular hourly rate, a shift differential of one dollar ($1.00) per hour for all hours worked on that shift. ($1.00) per hour for all hours worked on that shift.

SECTION 10 Higher Rank Allowance SECTION 10 Higher Rank Allowance A. Members of the bargaining unit who are functioning as acting A. Members of the bargaining unit who are functioning as acting supervisors shall be granted an additional ten percent (10%) hourly supervisors shall be granted an additional ten percent (10%) hourly increase for all hours spent as acting supervisors. increase for all hours spent as acting supervisors.

B. Conservation Officers assigned lead worker responsibilities will B. Conservation Officers assigned lead worker responsibilities will receive an additional five percent (5%) of their base rate of pay. receive an additional five percent (5%) of their base rate of pay.

SECTION 11 Per Diem SECTION 11 Per Diem A. A daily per diem allowance of nine dollars ($9.00) per day A. A daily per diem allowance of nine dollars ($9.00) per day shall be paid to all SPOC employees covered by this Agreement, shall be paid to all SPOC employees covered by this Agreement, who work four (4) or more hours on that day. A second per diem who work four (4) or more hours on that day. A second per diem allowance of nine dollars ($9.00) per day shall be paid to all SPOC allowance of nine dollars ($9.00) per day shall be paid to all SPOC employees covered by this Agreement who work fourteen (14) or employees covered by this Agreement who work fourteen (14) or more consecutive hours. For purposes of this Section, a standard more consecutive hours. For purposes of this Section, a standard unpaid meal period shall not break the consecutive hour requirement unpaid meal period shall not break the consecutive hour requirement to qualify for the second per diem. No special documentation to qualify for the second per diem. No special documentation shall be necessary to receive this per diem. The Employer and the shall be necessary to receive this per diem. The Employer and the 59 59 Council recognize that these officers are required, as a condition of Council recognize that these officers are required, as a condition of their employment and for the convenience of the Employer, to eat their employment and for the convenience of the Employer, to eat certain meals outside of their homes while on duty. Additionally, certain meals outside of their homes while on duty. Additionally, if in travel status the employee will receive the current meal if in travel status the employee will receive the current meal reimbursement rates and lodging rates under the current DAS reimbursement rates and lodging rates under the current DAS guidelines. To receive travel reimbursement, the employee must guidelines. To receive travel reimbursement, the employee must submit at a minimum a receipt for their hotel. If all the employee submit at a minimum a receipt for their hotel. If all the employee has is meals, they do not need to turn in any receipt. has is meals, they do not need to turn in any receipt.

B. Other than meal expenses covered by a daily per diem, employees B. Other than meal expenses covered by a daily per diem, employees of DNR shall receive reasonable and actual expenses incurred in the of DNR shall receive reasonable and actual expenses incurred in the performance of their duties and shall have no annual ceiling. The performance of their duties and shall have no annual ceiling. The Employer retains the right to establish reasonable guidelines, rules Employer retains the right to establish reasonable guidelines, rules and regulations governing expense reimbursement. and regulations governing expense reimbursement.

SECTION 12 Court Allowance SECTION 12 Court Allowance Members of the bargaining unit who are required to appear in court in Members of the bargaining unit who are required to appear in court in criminal proceedings during their off-duty hours shall be guaranteed criminal proceedings during their off-duty hours shall be guaranteed a minimum of two (2) hours or actual hours worked, whichever is a minimum of two (2) hours or actual hours worked, whichever is greater. The Employer shall not change the employee’s schedule greater. The Employer shall not change the employee’s schedule or scheduled shift to avoid payment for court time incurred during or scheduled shift to avoid payment for court time incurred during off-duty hours without mutual consent. Payment shall be made in off-duty hours without mutual consent. Payment shall be made in either cash or compensatory time at the discretion of the Employer either cash or compensatory time at the discretion of the Employer at the appropriate rate for the employee’s classification. Employees at the appropriate rate for the employee’s classification. Employees shall notify their immediate supervisor when they are requested or shall notify their immediate supervisor when they are requested or subpoenaed to appear in court. subpoenaed to appear in court.

Employees shall not be precluded from retaining witness fees and Employees shall not be precluded from retaining witness fees and mileage for appearances in civil actions during their non-duty mileage for appearances in civil actions during their non-duty hours, unless such payment is prohibited by statute. hours, unless such payment is prohibited by statute.

SECTION 13 Clothing Maintenance Allowance SECTION 13 Clothing Maintenance Allowance The Department of Public Safety agrees to continue its present The Department of Public Safety agrees to continue its present uniform policy together with existing cleaning allowances by uniform policy together with existing cleaning allowances by paying a minimum of one hundred seventy-five dollars ($175.00) paying a minimum of one hundred seventy-five dollars ($175.00) semi-annually in December and June. Additionally, employees semi-annually in December and June. Additionally, employees of the Department of Natural Resources and employees in non- of the Department of Natural Resources and employees in non- uniformed divisions of the Department of Public Safety shall have uniformed divisions of the Department of Public Safety shall have 60 60 a clothing allowance of five hundred dollars ($500.00) per year to a clothing allowance of five hundred dollars ($500.00) per year to be utilized for ordering clothing or for cleaning of existing clothing. be utilized for ordering clothing or for cleaning of existing clothing.

SECTION 14 Referral Bonus (Department of Public Safety) SECTION 14 Referral Bonus (Department of Public Safety) Bargaining unit members in the Department of Public Safety will Bargaining unit members in the Department of Public Safety will be eligible to receive a referral bonus of one hundred fifty dollars be eligible to receive a referral bonus of one hundred fifty dollars ($150.00) for the successful referral of candidates to the Department ($150.00) for the successful referral of candidates to the Department of Public Safety Academy. Upon graduation from the Academy of of Public Safety Academy. Upon graduation from the Academy of a referred candidate, the referring bargaining unit member will a referred candidate, the referring bargaining unit member will receive an additional one hundred fifty dollars ($150.00). receive an additional one hundred fifty dollars ($150.00).

Successful referral will be defined as an applicant that is selected Successful referral will be defined as an applicant that is selected for the Academy. for the Academy.

The employee eligible to receive a referral bonus will be determined The employee eligible to receive a referral bonus will be determined during the application process by the candidate identifying a during the application process by the candidate identifying a bargaining unit employee as being responsible for their application. bargaining unit employee as being responsible for their application.

SECTION 15 Deferred Compensation SECTION 15 Deferred Compensation For employees eligible for Internal Revenue Code Section 457, For employees eligible for Internal Revenue Code Section 457, deferred compensation, the State agrees to match employee deferred compensation, the State agrees to match employee contributions on the basis of one dollar ($1.00) for each two dollar contributions on the basis of one dollar ($1.00) for each two dollar ($2.00) contribution, to a maximum Employer contribution of ($2.00) contribution, to a maximum Employer contribution of seventy-five dollars ($75.00) per month. seventy-five dollars ($75.00) per month.

ARTICLE X ARTICLE X HEALTH AND SAFETY HEALTH AND SAFETY SECTION 1 Protective Clothing SECTION 1 Protective Clothing Agencies will continue to furnish protective clothing and safety Agencies will continue to furnish protective clothing and safety equipment in accordance with the present policies and procedures. equipment in accordance with the present policies and procedures.

SECTION 2 Damage to Personal Items SECTION 2 Damage to Personal Items The Employer agrees that bargaining unit employees may submit The Employer agrees that bargaining unit employees may submit to the Employer requests for reimbursement for any personal items to the Employer requests for reimbursement for any personal items damaged in the performance of assigned duties up to a maximum damaged in the performance of assigned duties up to a maximum of one hundred fifty dollars ($150.00) per occurrence for bargaining of one hundred fifty dollars ($150.00) per occurrence for bargaining

61 61 unit members of the Department of Natural Resources and to the unit members of the Department of Natural Resources and to the maximum set in Chapter 80.18 of the Code of Iowa for officers of maximum set in Chapter 80.18 of the Code of Iowa for officers of the Department of Public Safety. the Department of Public Safety.

The Employer agrees that bargaining unit employees may submit The Employer agrees that bargaining unit employees may submit requests to the State Appeal Board for claims denied by the requests to the State Appeal Board for claims denied by the Employer or which are in excess of the amount set in the previous Employer or which are in excess of the amount set in the previous paragraph. Such requests will be granted or denied in accordance paragraph. Such requests will be granted or denied in accordance with the applicable law. If the State Appeal Board requires that with the applicable law. If the State Appeal Board requires that requests be submitted on special forms, the Employer will make requests be submitted on special forms, the Employer will make such forms available to the employees. The employee’s immediate such forms available to the employees. The employee’s immediate supervisor may at his/her discretion certify that personal items supervisor may at his/her discretion certify that personal items were lost or damaged in the performance of the employee’s assigned were lost or damaged in the performance of the employee’s assigned duty. The Employer shall make a good faith effort to expedite the duty. The Employer shall make a good faith effort to expedite the claims submitted pursuant to this Section. claims submitted pursuant to this Section.

SECTION 3 Special Equipment SECTION 3 Special Equipment A. Upon request, left-handed employees of the Department of Public A. Upon request, left-handed employees of the Department of Public Safety who are required to carry a handgun in the performance of Safety who are required to carry a handgun in the performance of their duties, will be issued a left-handed holster. The style, design their duties, will be issued a left-handed holster. The style, design and wearing location of such holster will be at the discretion of the and wearing location of such holster will be at the discretion of the Department. Department.

B. All Fire Inspectors shall have access to the equipment necessary B. All Fire Inspectors shall have access to the equipment necessary to perform their assigned duties. Equipment that is not issued to to perform their assigned duties. Equipment that is not issued to each Fire Inspector will be available on a check-out basis from each Fire Inspector will be available on a check-out basis from the Department. Each office maintained by the Division shall be the Department. Each office maintained by the Division shall be provided with copies of the sections of the National Fire Protection provided with copies of the sections of the National Fire Protection Association (NFPA) Codes which are applicable to Iowa as required Association (NFPA) Codes which are applicable to Iowa as required by the Iowa Code. by the Iowa Code.

SECTION 4 Safety Committee SECTION 4 Safety Committee There is hereby established a Safety Committee which will also There is hereby established a Safety Committee which will also function as the Departments’ Labor/Management Committee. The function as the Departments’ Labor/Management Committee. The Committee shall consist of the following bargaining unit Committee shall consist of the following bargaining unit representatives: one (1) Trooper, one (1) Conservation Officer, one representatives: one (1) Trooper, one (1) Conservation Officer, one (1) Park Ranger, one (1) Special Agent 2, one (1) Fire Inspector (1) Park Ranger, one (1) Special Agent 2, one (1) Fire Inspector and one (1) Special Agent 1. Additionally, a Management and one (1) Special Agent 1. Additionally, a Management 62 62 representative from each of the respective organizational units, and representative from each of the respective organizational units, and the individual designated as the SPOC Quality Coordinator, and the the individual designated as the SPOC Quality Coordinator, and the Management representative designated as the Quality Coordinator Management representative designated as the Quality Coordinator of the Department of Public Safety will serve as members of the of the Department of Public Safety will serve as members of the Committee. The Committee is established as a communications Committee. The Committee is established as a communications and discussion vehicle only and shall not have authority to bind and discussion vehicle only and shall not have authority to bind either the Council or Management. Council representatives will be either the Council or Management. Council representatives will be in pay status for all time spent in Committee meetings which are in pay status for all time spent in Committee meetings which are held during their regularly scheduled hours of employment. held during their regularly scheduled hours of employment.

SECTION 5 Mandatory Physical Fitness Testing SECTION 5 Mandatory Physical Fitness Testing A physical fitness testing program is mandatory for employees of A physical fitness testing program is mandatory for employees of the Department of Public Safety (DPS). The testing shall be a part the Department of Public Safety (DPS). The testing shall be a part of a physical fitness program (Program), agreed to by the parties, of a physical fitness program (Program), agreed to by the parties, and set forth in the DPS Peace Officer Rules. The parties will meet and set forth in the DPS Peace Officer Rules. The parties will meet and discuss, at least on an annual basis, the Program. Changes and discuss, at least on an annual basis, the Program. Changes to the Program will be made only upon mutual consent of both to the Program will be made only upon mutual consent of both parties. The Program will not be subject to the grievance/arbitration parties. The Program will not be subject to the grievance/arbitration process set forth in Article IV, Section 3 of this Agreement, unless process set forth in Article IV, Section 3 of this Agreement, unless the issue/grievance is related to any discipline or other matters the issue/grievance is related to any discipline or other matters stated in other parts of this Agreement. Further, any change to stated in other parts of this Agreement. Further, any change to the physical fitness testing program will require written consent the physical fitness testing program will require written consent between the parties before any such change may be effective. between the parties before any such change may be effective.

SECTION 6 Testing and Monitoring of Employees SECTION 6 Testing and Monitoring of Employees The State shall pay for a pulmonary function test and chest x-ray The State shall pay for a pulmonary function test and chest x-ray on a bi-annual basis for Special Agents 1s and Special Agents on a bi-annual basis for Special Agents 1s and Special Agents 2s assigned to gaming in order to test and monitor the effects of 2s assigned to gaming in order to test and monitor the effects of second hand smoke. second hand smoke.

ARTICLE XI MISCELLANEOUS ARTICLE XI MISCELLANEOUS SECTION 1 Work Rules SECTION 1 Work Rules The Employer agrees to establish reasonable work rules and such The Employer agrees to establish reasonable work rules and such rules shall be applied uniformly. These work rules shall not conflict rules shall be applied uniformly. These work rules shall not conflict with any of the provisions of this Agreement. Newly established with any of the provisions of this Agreement. Newly established work rules or amendments to existing work rules shall be reduced work rules or amendments to existing work rules shall be reduced

63 63 to writing and furnished to the Council at least seven (7) calendar to writing and furnished to the Council at least seven (7) calendar days prior to the effective date of the rule. For purposes of this days prior to the effective date of the rule. For purposes of this Article, work rules are defined as and limited to: Article, work rules are defined as and limited to:

“Rules promulgated by the Employer within its discretion which “Rules promulgated by the Employer within its discretion which regulate the personal conduct of employees.” regulate the personal conduct of employees.”

The Employer agrees that the Council may challenge the The Employer agrees that the Council may challenge the reasonableness and uniform application of established work rules reasonableness and uniform application of established work rules through the contractual grievance procedure set forth in Article IV through the contractual grievance procedure set forth in Article IV of this Agreement. of this Agreement.

SECTION 2 Annual Performance Evaluation SECTION 2 Annual Performance Evaluation The Employer agrees to conduct an annual performance evaluation The Employer agrees to conduct an annual performance evaluation with every employee. Such evaluation shall fairly and accurately with every employee. Such evaluation shall fairly and accurately cover the duties and responsibilities of every employee. The cover the duties and responsibilities of every employee. The employee will be provided with a copy of the evaluation used, employee will be provided with a copy of the evaluation used, and the Employer agrees to discuss with the employee any items and the Employer agrees to discuss with the employee any items contained in said evaluation. The employee shall have the right contained in said evaluation. The employee shall have the right to add pertinent information or brief comments to any evaluation, to add pertinent information or brief comments to any evaluation, and to have such comments or information attached to such and to have such comments or information attached to such evaluation. The performance evaluation system will align with the evaluation. The performance evaluation system will align with the Accountable Government Act. Accountable Government Act.

SECTION 3 Personnel Files SECTION 3 Personnel Files A. Every employee shall have only one (1) complete personnel A. Every employee shall have only one (1) complete personnel file. The personnel file shall be maintained in the central personnel file. The personnel file shall be maintained in the central personnel office of the Employer in Des Moines, Iowa. Every employee may, office of the Employer in Des Moines, Iowa. Every employee may, during his or her non-duty hours and during regular office hours of during his or her non-duty hours and during regular office hours of the personnel office, inspect his or her file at such office, and shall the personnel office, inspect his or her file at such office, and shall be allowed to make copies of anything contained therein. be allowed to make copies of anything contained therein.

B. Any employee shall have the right to respond in writing to any B. Any employee shall have the right to respond in writing to any adverse comment or incorrect information contained in his or her adverse comment or incorrect information contained in his or her personnel file, and such comment shall be kept in the employee’s personnel file, and such comment shall be kept in the employee’s personnel file as long as the challenged comment or information personnel file as long as the challenged comment or information remains in the file. remains in the file.

64 64 C. The Employer may make duplicate copies of any personnel C. The Employer may make duplicate copies of any personnel file. Such duplicate files may contain all or part of the contents of file. Such duplicate files may contain all or part of the contents of the original file, but shall not contain any material not contained the original file, but shall not contain any material not contained in the original file. If the Employer maintains duplicate files, the in the original file. If the Employer maintains duplicate files, the original file shall contain the number and location of such duplicate original file shall contain the number and location of such duplicate file or files, and the employee may inspect such duplicate file upon file or files, and the employee may inspect such duplicate file upon giving the Employer reasonable notice. giving the Employer reasonable notice.

D. The Employer agrees to keep confidential the background D. The Employer agrees to keep confidential the background investigation performed on any employees, and that such investigation performed on any employees, and that such background investigation will not be contained in the employee’s background investigation will not be contained in the employee’s personnel file. The Employer will destroy within two (2) years of personnel file. The Employer will destroy within two (2) years of hiring any initial polygraph examination of any employee. hiring any initial polygraph examination of any employee.

E. Any written reprimand shall be removed from the employee’s E. Any written reprimand shall be removed from the employee’s personnel file after three (3) years. personnel file after three (3) years.

SECTION 4 Educational Leave SECTION 4 Educational Leave It is the expressed intent of the Employer to promote continued It is the expressed intent of the Employer to promote continued education by employees of the State and in furtherance of this education by employees of the State and in furtherance of this policy, the State agrees to grant employees unpaid educational policy, the State agrees to grant employees unpaid educational leaves of absence consistent with existing staffing requirements. leaves of absence consistent with existing staffing requirements.

Nothing herein shall preclude the Employer and an employee from Nothing herein shall preclude the Employer and an employee from mutually agreeing to adjust the employee’s work schedule to allow mutually agreeing to adjust the employee’s work schedule to allow the employee to attend classes. However, the Employer retains the the employee to attend classes. However, the Employer retains the sole discretion in the granting of such educational leaves. sole discretion in the granting of such educational leaves.

SECTION 5 Expense Reimbursement SECTION 5 Expense Reimbursement The Department of Public Safety will submit a request to the The Department of Public Safety will submit a request to the Department of Administrative Services – State Accounting Department of Administrative Services – State Accounting Enterprise to allow employees with out-of-state travel expenses Enterprise to allow employees with out-of-state travel expenses in excess of two hundred dollars ($200.00) to receive an advance in excess of two hundred dollars ($200.00) to receive an advance travel allowance of up to eighty percent (80%) of the anticipated travel allowance of up to eighty percent (80%) of the anticipated expenditures. The Department of Administrative Services – State expenditures. The Department of Administrative Services – State Accounting Enterprise shall have final authority to either grant or Accounting Enterprise shall have final authority to either grant or deny this request. deny this request.

65 65 The decision of the Department of Administrative Services – State The decision of the Department of Administrative Services – State Accounting Enterprise shall apply to all members of the bargaining Accounting Enterprise shall apply to all members of the bargaining unit. unit.

SECTION 6 Issuance of Subpoenas and Notification of SECTION 6 Issuance of Subpoenas and Notification of Employees Employees The Employer will immediately notify any employee whenever the The Employer will immediately notify any employee whenever the Employer receives a subpoena for the employee and will provide as Employer receives a subpoena for the employee and will provide as much advance notice as possible. Employees will not be recalled much advance notice as possible. Employees will not be recalled from vacations for any subpoena unless personally served by due from vacations for any subpoena unless personally served by due process of law. process of law.

SECTION 7 Jury Duty SECTION 7 Jury Duty An employee on jury duty will be continued on the payroll and be An employee on jury duty will be continued on the payroll and be paid his/her straight time hourly rate for his/her normally scheduled paid his/her straight time hourly rate for his/her normally scheduled hours of work. Upon return from jury duty, the employee shall hours of work. Upon return from jury duty, the employee shall present evidence of the amount received for such jury duty and remit present evidence of the amount received for such jury duty and remit that amount to the Employer, less any travel or personal expenses that amount to the Employer, less any travel or personal expenses paid for the jury service. Time spent in court and reasonable travel paid for the jury service. Time spent in court and reasonable travel time shall be deducted from an employee’s scheduled work hours time shall be deducted from an employee’s scheduled work hours for the day in question and shall be considered time worked. for the day in question and shall be considered time worked.

The employee summoned as a juror shall notify his/her Employer The employee summoned as a juror shall notify his/her Employer immediately by memorandum attaching a copy of the summons. immediately by memorandum attaching a copy of the summons.

The employee shall be responsible for all subsequent notifications The employee shall be responsible for all subsequent notifications when obligated to report for jury duty. when obligated to report for jury duty.

An employee who reports for jury duty and is dismissed, shall An employee who reports for jury duty and is dismissed, shall promptly report to work for the remainder of the employee’s promptly report to work for the remainder of the employee’s working day, provided there are at least two (2) hours remaining in working day, provided there are at least two (2) hours remaining in the scheduled work day. the scheduled work day.

66 66 ARTICLE XII ARTICLE XII NO STRIKE - NO LOCK OUT NO STRIKE - NO LOCK OUT The Council agrees that there shall be no strike, stoppage of work The Council agrees that there shall be no strike, stoppage of work or other concerted job action, and in the event of any action, the or other concerted job action, and in the event of any action, the provisions of Chapter 20.12 of the Code of Iowa shall apply. The provisions of Chapter 20.12 of the Code of Iowa shall apply. The Employer in return agrees that there shall be no lock out of the Employer in return agrees that there shall be no lock out of the members of the Council. members of the Council.

ARTICLE XIII GENERAL ARTICLE XIII GENERAL SECTION 1 Obligation to Bargain SECTION 1 Obligation to Bargain This Agreement represents the entire agreement of the parties and This Agreement represents the entire agreement of the parties and shall supersede all previous agreements, written or verbal. The shall supersede all previous agreements, written or verbal. The parties agree that the provisions of this Agreement shall supersede parties agree that the provisions of this Agreement shall supersede any provision of the rules of the State’s merit systems relating to any provision of the rules of the State’s merit systems relating to any of the subjects of collective bargaining contained herein when any of the subjects of collective bargaining contained herein when the provisions of such rules differ with this Agreement. The the provisions of such rules differ with this Agreement. The parties acknowledge that during the negotiations which resulted parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, matter not removed by law from the area of collective bargaining, and that all of the understandings and agreements arrived at by the and that all of the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Council, for in this Agreement. Therefore, the Employer and the Council, for the life of this Agreement and any extension, each voluntarily and the life of this Agreement and any extension, each voluntarily and unqualified waives the right, and each agrees that the other shall unqualified waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subjects not be obligated to bargain collectively with respect to any subjects or matters referred to or covered in this Agreement, or with respect or matters referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. parties at the time they negotiated or signed this Agreement.

SECTION 2 Retention of Benefits SECTION 2 Retention of Benefits The Employer agrees that prior to making any change in a written The Employer agrees that prior to making any change in a written agency-wide policy, which is a mandatory subject of bargaining agency-wide policy, which is a mandatory subject of bargaining (excluding evaluation procedures and job classifications) and not (excluding evaluation procedures and job classifications) and not 67 67 otherwise negotiated or covered by this Agreement, to meet and otherwise negotiated or covered by this Agreement, to meet and confer with the Council in an attempt to reach an agreement. confer with the Council in an attempt to reach an agreement.

In the event the parties are unable to reach an agreement, the In the event the parties are unable to reach an agreement, the matter will be submitted to arbitration pursuant to Article IV of matter will be submitted to arbitration pursuant to Article IV of this Agreement. The sole issue to be considered by the arbitrator this Agreement. The sole issue to be considered by the arbitrator is whether the proposed change represents a deterioration of an is whether the proposed change represents a deterioration of an existing benefit. If the arbitrator determines that the proposed existing benefit. If the arbitrator determines that the proposed change does represent a deterioration of an existing benefit, the change does represent a deterioration of an existing benefit, the Employer shall not make the change. Employer shall not make the change.

In the event the parties are unable to agree as to whether a policy is In the event the parties are unable to agree as to whether a policy is a mandatory subject of bargaining, the question will be submitted a mandatory subject of bargaining, the question will be submitted to the Public Employment Relations Board. to the Public Employment Relations Board.

SECTION 3 Partial Invalidity SECTION 3 Partial Invalidity Should any part of this Agreement or any provision contained Should any part of this Agreement or any provision contained herein be declared invalid by operation of law or by any tribunal of herein be declared invalid by operation of law or by any tribunal of competent jurisdiction, such invalidation of such part or provision competent jurisdiction, such invalidation of such part or provision shall not invalidate the remaining portions hereof and they shall shall not invalidate the remaining portions hereof and they shall remain in full force and effect, and the parties agree to meet and remain in full force and effect, and the parties agree to meet and renegotiate that portion or portions held invalid. renegotiate that portion or portions held invalid.

Should any provision of this Agreement jeopardize the receipt by Should any provision of this Agreement jeopardize the receipt by the State of any federal grant-in-aid funds or other federal allotment the State of any federal grant-in-aid funds or other federal allotment of money, the provision shall be deemed invalid. However, such of money, the provision shall be deemed invalid. However, such invalidation shall not invalidate the remaining portions hereof invalidation shall not invalidate the remaining portions hereof and they should remain in full force and effect. The parties shall and they should remain in full force and effect. The parties shall immediately renegotiate the invalid provision. immediately renegotiate the invalid provision.

TERMINATION OF AGREEMENT TERMINATION OF AGREEMENT The terms and conditions of this Agreement shall continue in full The terms and conditions of this Agreement shall continue in full force and effect commencing on July l, 2015, and terminating on force and effect commencing on July l, 2015, and terminating on June 30, 2017, unless the parties mutually agree to extend any or all June 30, 2017, unless the parties mutually agree to extend any or all of the terms of this Agreement. Upon termination of the Agreement, of the terms of this Agreement. Upon termination of the Agreement, all obligations under the Agreement are automatically canceled. all obligations under the Agreement are automatically canceled.

68 68 APPENDIX A-1 APPENDIX A-1 BIWEEKLY SALARY SCHEDULES BIWEEKLY SALARY SCHEDULES

Effective with Pay Period including July 1, 2015 Effective with Pay Period including July 1, 2015 Classification Minimum Maximum Classification Minimum Maximum Conservation Officer $1,860.00 $2,795.20 Conservation Officer $1,860.00 $2,795.20 Park Ranger $1,860.00 $2,795.20 Park Ranger $1,860.00 $2,795.20 Special Agent 1 $1,733.60 $2,602.40 Special Agent 1 $1,733.60 $2,602.40 Special Agent 2 $2,108.80 $3,170.40 Special Agent 2 $2,108.80 $3,170.40 Fire Inspector $1,810.40 $2,720.80 Fire Inspector $1,810.40 $2,720.80 Trooper 1 $1,540.00 $2,312.80 Trooper 1 $1,540.00 $2,312.80 Trooper 2 $1,883.20 $2,832.00 Trooper 2 $1,883.20 $2,832.00 Trooper 3 $1,921.60 $2,888.80 Trooper 3 $1,921.60 $2,888.80 Trooper-Pilot $1,960.80 $2,947.20 Trooper-Pilot $1,960.80 $2,947.20 Senior Trooper-Pilot $1,999.20 $3,006.40 Senior Trooper-Pilot $1,999.20 $3,006.40

APPENDIX A-2 APPENDIX A-2 BIWEEKLY SALARY SCHEDULES BIWEEKLY SALARY SCHEDULES

Effective with Pay Period including July 1, 2016 Effective with Pay Period including July 1, 2016 Classification Minimum Maximum Classification Minimum Maximum Conservation Officer $1,897.60 $2,851.20 Conservation Officer $1,897.60 $2,851.20 Park Ranger $1,897.60 $2,851.20 Park Ranger $1,897.60 $2,851.20 Special Agent 1 $1,768.00 $2,654.40 Special Agent 1 $1,768.00 $2,654.40 Special Agent 2 $2,151.20 $3,233.60 Special Agent 2 $2,151.20 $3,233.60 Fire Inspector $1,846.40 $2,775.20 Fire Inspector $1,846.40 $2,775.20 Trooper 1 $1,571.20 $2,359.20 Trooper 1 $1,571.20 $2,359.20 Trooper 2 $1,920.80 $2,888.80 Trooper 2 $1,920.80 $2,888.80 Trooper 3 $1,960.00 $2,946.40 Trooper 3 $1,960.00 $2,946.40 Trooper-Pilot $2,000.00 $3,006.40 Trooper-Pilot $2,000.00 $3,006.40 Senior Trooper-Pilot $2,039.20 $3,066.40 Senior Trooper-Pilot $2,039.20 $3,066.40

69 69 APPENDIX A-3 APPENDIX A-3 BIWEEKLY SALARY SCHEDULES BIWEEKLY SALARY SCHEDULES

Effective with Pay Period including January 1, 2017 Effective with Pay Period including January 1, 2017 Classification Minimum Maximum Classification Minimum Maximum Conservation Officer $1,921.60 $2,887.20 Conservation Officer $1,921.60 $2,887.20 Park Ranger $1,921.60 $2,887.20 Park Ranger $1,921.60 $2,887.20 Special Agent 1 $1,790.40 $2,687.20 Special Agent 1 $1,790.40 $2,687.20 Special Agent 2 $2,178.40 $3,274.40 Special Agent 2 $2,178.40 $3,274.40 Fire Inspector $1,869.60 $2,809.60 Fire Inspector $1,869.60 $2,809.60 Trooper 1 $1,591.20 $2,388.80 Trooper 1 $1,591.20 $2,388.80 Trooper 2 $1,944.80 $2,924.80 Trooper 2 $1,944.80 $2,924.80 Trooper 3 $1,984.80 $2,983.20 Trooper 3 $1,984.80 $2,983.20 Trooper-Pilot $2,024.80 $3,044.00 Trooper-Pilot $2,024.80 $3,044.00 Senior Trooper-Pilot $2,064.80 $3,104.80 Senior Trooper-Pilot $2,064.80 $3,104.80

70 70 Bargaining Committee Teams Bargaining Committee Teams State Bargaining Team Members: State Bargaining Team Members: Janet Phipps, DAS – Chief Negotiator Janet Phipps, DAS – Chief Negotiator Jeff Edgar, DAS Mike Winter, DPS Jeff Edgar, DAS Mike Winter, DPS Chris Peden, DAS Randy Olmstead, DPS Chris Peden, DAS Randy Olmstead, DPS Ed Holland, DAS Jeff Swearngin, DNR Ed Holland, DAS Jeff Swearngin, DNR Paul Carlson, DAS Todd Coffelt, DNR Paul Carlson, DAS Todd Coffelt, DNR Steve Timmins, DOM Chari Paulson, DPS Steve Timmins, DOM Chari Paulson, DPS Dave Jobes, DPS Nickie Whitaker, DPS Dave Jobes, DPS Nickie Whitaker, DPS

SPOC Bargaining Team Members: SPOC Bargaining Team Members: Brad Baker, Iowa Fish and Game Conservation Officers’ Brad Baker, Iowa Fish and Game Conservation Officers’ Association Alternate Association Alternate Jason Bardsley, Iowa State Troopers Association Alternate Jason Bardsley, Iowa State Troopers Association Alternate Tracy Bohlen, State Police Officers Council, Treasurer Tracy Bohlen, State Police Officers Council, Treasurer Mark Bowlin, State Police Officers Council, President Mark Bowlin, State Police Officers Council, President Sue Brown, State Police Officers Council, Executive Director Sue Brown, State Police Officers Council, Executive Director Matt Clifton, State Police Officers Council, Vice President Matt Clifton, State Police Officers Council, Vice President Bob Conrad, Iowa State Troopers Association Director Bob Conrad, Iowa State Troopers Association Director Brad Cunningham, Iowa Gaming Agents’ Association Alternate Brad Cunningham, Iowa Gaming Agents’ Association Alternate Dallas Davis, Iowa Fish and Game Conservation Officers’ Dallas Davis, Iowa Fish and Game Conservation Officers’ Association Director Association Director Dan Dawson, Iowa Special Agents’ Association Director Dan Dawson, Iowa Special Agents’ Association Director Jeff Driscoll, Iowa State Troopers Association Director Jeff Driscoll, Iowa State Troopers Association Director Doug Drost, Iowa State Troopers Association Director Doug Drost, Iowa State Troopers Association Director Jody Elliott, Iowa State Troopers Association Alternate Jody Elliott, Iowa State Troopers Association Alternate Carl Fairley, Iowa State Park Rangers Association Director Carl Fairley, Iowa State Park Rangers Association Director Kory Kinnick, Iowa State Park Rangers Association Alternate Kory Kinnick, Iowa State Park Rangers Association Alternate Mike Kober, Iowa State Troopers Association Director Mike Kober, Iowa State Troopers Association Director Tony Peterson, Iowa Special Agents’ Association Alternate Tony Peterson, Iowa Special Agents’ Association Alternate Brian Sanger, Iowa Gaming Agents’ Association Director Brian Sanger, Iowa Gaming Agents’ Association Director Curt Seddon, Iowa State Fire Marshal’s Association Director Curt Seddon, Iowa State Fire Marshal’s Association Director Steve Sonderleiter, Iowa State Fire Marshal’s Association Alternate Steve Sonderleiter, Iowa State Fire Marshal’s Association Alternate Chris Starret, Iowa State Troopers Association Alternate Chris Starret, Iowa State Troopers Association Alternate Jim Trainor, Iowa State Troopers Association Alternate Jim Trainor, Iowa State Troopers Association Alternate

71 71 INDEX INDEX A A Agreement, Purpose of ...... 1 Agreement, Purpose of ...... 1 Allowance Allowance Clothing Maintenance ...... 60 Clothing Maintenance ...... 60 Court ...... 60 Court ...... 60 Higher Rank ...... 59 Higher Rank ...... 59 Annual Leave (See Paid Annual Leave of Absence) Annual Leave (See Paid Annual Leave of Absence) Annual Performance Evaluation ...... 64 Annual Performance Evaluation ...... 64 Application of Layoff ...... 17 Application of Layoff ...... 17 Arbitration ...... 7, 9, 10-13, 63, 68 Arbitration ...... 7, 9, 10-13, 63, 68 Assignment to Other Zones, Special Agent 2s ...... 34 Assignment to Other Zones, Special Agent 2s ...... 34

B B Bargain, Obligation to ...... 67 Bargain, Obligation to ...... 67 Bargaining Unit ...... 2 Bargaining Unit ...... 2 Benefits Benefits Fringe (See Wages and Fringe Benefits) ...... 36 Fringe (See Wages and Fringe Benefits) ...... 36 Retention ...... 67 Retention ...... 67 Biweekly Salary Schedules, Appendix A ...... 69 Biweekly Salary Schedules, Appendix A ...... 69 Bonus, Referral ...... 61 Bonus, Referral ...... 61 Bulletin Boards ...... 5 Bulletin Boards ...... 5 Bumping ...... 7, 18-20, 58 Bumping ...... 7, 18-20, 58

C C Call-Back Time ...... 36 Call-Back Time ...... 36 Canine Corp ...... 35 Canine Corp ...... 35 Catastrophic Illness Contributions ...... 45 Catastrophic Illness Contributions ...... 45 Clothing Clothing Maintenance Allowance ...... 60 Maintenance Allowance ...... 60 Protective ...... 61 Protective ...... 61 Compensation (See Wages) Compensation (See Wages) Deferred ...... 61 Deferred ...... 61 Compensatory Time Compensatory Time Canine Corp ...... 36 Canine Corp ...... 36 Conservation Officers ...... 28 Conservation Officers ...... 28 Court Allowance ...... 60 Court Allowance ...... 60 Fire Inspectors ...... 34 Fire Inspectors ...... 34 72 72 Holidays ...... 43 Holidays ...... 43 Park Rangers ...... 30 Park Rangers ...... 30 Sick Leave ...... 54 Sick Leave ...... 54 Special Agent 1s ...... 32 Special Agent 1s ...... 32 Special Agent 2s ...... 33 Special Agent 2s ...... 33 State Troopers ...... 26 State Troopers ...... 26 Workers’ Compensation ...... 57 Workers’ Compensation ...... 57 Work-Related Injuries ...... 57 Work-Related Injuries ...... 57 Conservation Officers Conservation Officers Compensatory Time ...... 28 Compensatory Time ...... 28 Premium Pay ...... 29 Premium Pay ...... 29 Work Schedules ...... 27 Work Schedules ...... 27 Conversion Rights ...... 56 Conversion Rights ...... 56 Council Council Activity ...... 5 Activity ...... 5 Leave ...... 7 Leave ...... 7 Meetings ...... 6 Meetings ...... 6 Court Allowance ...... 60 Court Allowance ...... 60

D D Damage to Personal Items ...... 61 Damage to Personal Items ...... 61 Deferred Compensation ...... 61 Deferred Compensation ...... 61 Dependent Care Spending Account ...... 42 Dependent Care Spending Account ...... 42 Dental Insurance ...... 38-40, 42, 52 Dental Insurance ...... 38-40, 42, 52 Discharge ...... 7, 10, 12-16 Discharge ...... 7, 10, 12-16 Discipline ...... 14-16, 33, 35, 63 Discipline ...... 14-16, 33, 35, 63 Dues Deduction ...... 3 Dues Deduction ...... 3

E E Educational Leave ...... 65 Educational Leave ...... 65 Evaluation, Performance ...... 37, 64 Evaluation, Performance ...... 37, 64 Expense Reimbursement ...... 60, 65 Expense Reimbursement ...... 60, 65

F F Family and Medical Leave ...... 46, 51 Family and Medical Leave ...... 46, 51 Fire Inspectors Fire Inspectors Compensatory Time ...... 34 Compensatory Time ...... 34 Overtime ...... 34 Overtime ...... 34 73 73 Work Schedules ...... 34 Work Schedules ...... 34 Fringe Benefits (See Wages and Fringe Benefits) Fringe Benefits (See Wages and Fringe Benefits)

G G Grievance Grievance Arbitration ...... 7, 9-13, 63 Arbitration ...... 7, 9-13, 63 Definition ...... 8 Definition ...... 8 Discharge ...... 7, 10, 12-16 Discharge ...... 7, 10, 12-16 Discipline ...... 14-16, 33, 35, 63 Discipline ...... 14-16, 33, 35, 63 Exclusive Procedure ...... 13 Exclusive Procedure ...... 13 Probationary Employees ...... 16 Probationary Employees ...... 16 Procedure ...... 8-10, 12-13, 15-16, 18, 64 Procedure ...... 8-10, 12-13, 15-16, 18, 64 Processing of ...... 14 Processing of ...... 14 Reduction of Wages ...... 16 Reduction of Wages ...... 16 Retroactivity ...... 13 Retroactivity ...... 13 Right of Representation ...... 8 Right of Representation ...... 8 Step 1 ...... 9, 15 Step 1 ...... 9, 15 Step 2 ...... 9 Step 2 ...... 9 Step 3 ...... 10, 12, 15, 18 Step 3 ...... 10, 12, 15, 18 Step 4 ...... 10, 12 Step 4 ...... 10, 12 Stewards ...... 13 Stewards ...... 13 Substantial Hardship ...... 7 Substantial Hardship ...... 7 Time Limits ...... 12 Time Limits ...... 12 Use of State Facilities ...... 6, 14 Use of State Facilities ...... 6, 14

H H Health and Safety Health and Safety Damage to Personal Items ...... 61 Damage to Personal Items ...... 61 Protective Clothing ...... 61 Protective Clothing ...... 61 Safety Committee ...... 62 Safety Committee ...... 62 Special Equipment ...... 62 Special Equipment ...... 62 Health Care Spending Account ...... 42 Health Care Spending Account ...... 42 Health Insurance ...... 3, 38-40, 52, 55-56 Health Insurance ...... 3, 38-40, 52, 55-56 Higher Rank Allowance ...... 59 Higher Rank Allowance ...... 59 Holidays ...... 27-29, 36, 42-43, 54, 56-57 Holidays ...... 27-29, 36, 42-43, 54, 56-57 Hours of Work Hours of Work Call-Back Time ...... 36 Call-Back Time ...... 36 Canine Corp ...... 35 Canine Corp ...... 35 74 74 Compensatory Time ...... 6, 26-36, 43, 54 Compensatory Time ...... 6, 26-36, 43, 54 Conservation Officers ...... 27 Conservation Officers ...... 27 Fire Inspectors ...... 34 Fire Inspectors ...... 34 Overtime ...... 24, 26, 28, 30-34, 36 Overtime ...... 24, 26, 28, 30-34, 36 Park Rangers ...... 29 Park Rangers ...... 29 Premium Pay ...... 29 Premium Pay ...... 29 Seniority ...... 25, 32 Seniority ...... 25, 32 Special Agent 1s ...... 31 Special Agent 1s ...... 31 Special Agent 2s ...... 33 Special Agent 2s ...... 33 Standby Time ...... 27, 33 Standby Time ...... 27, 33 State Troopers ...... 24 State Troopers ...... 24 Work Schedules ...... 24, 27, 29, 31, 34-35 Work Schedules ...... 24, 27, 29, 31, 34-35

I I Inability to Accept a Position ...... 20 Inability to Accept a Position ...... 20 Injuries Injuries Disability ...... 48, 57 Disability ...... 48, 57 FMLA ...... 46 FMLA ...... 46 Sick Leave ...... 52 Sick Leave ...... 52 Work-Related ...... 57 Work-Related ...... 57 Insurance Insurance Dental ...... 38-40, 42, 52 Dental ...... 38-40, 42, 52 Health ...... 3, 38-40, 52, 55-56 Health ...... 3, 38-40, 52, 55-56 Life ...... 3, 40-42, 55-56 Life ...... 3, 40-42, 55-56 Premium Conversion ...... 42 Premium Conversion ...... 42 Supplemental Life ...... 41 Supplemental Life ...... 41

J J Jury Duty ...... 66 Jury Duty ...... 66

L L Labor/Management Committee ...... 62 Labor/Management Committee ...... 62 Layoff Layoff Application of ...... 17 Application of ...... 17 Bumping ...... 7, 18-20, 58 Bumping ...... 7, 18-20, 58 Disability ...... 20, 57-58 Disability ...... 20, 57-58 Inability to Accept a Position ...... 20 Inability to Accept a Position ...... 20 Procedure ...... 16, 20, 23 Procedure ...... 16, 20, 23 75 75 Recall ...... 16, 19-20, 58, 66 Recall ...... 16, 19-20, 58, 66 Seniority ...... 16-22, 58 Seniority ...... 16-22, 58 Temporary ...... 17 Temporary ...... 17 Voluntary ...... 20 Voluntary ...... 20 Leave Leave Catastrophic ...... 45 Catastrophic ...... 45 Council ...... 5 Council ...... 5 Educational ...... 65 Educational ...... 65 Family and Medical ...... 46, 51 Family and Medical ...... 46, 51 Paid Annual (Vacation) . . . 6, 42-46, 52-53, 56-57, 66 Paid Annual (Vacation) . . . 6, 42-46, 52-53, 56-57, 66 Sick ...... 44, 52-58 Sick ...... 44, 52-58 Life Insurance ...... 3, 40-42, 55-56 Life Insurance ...... 3, 40-42, 55-56 Lock Out ...... 67 Lock Out ...... 67 Longevity ...... 38 Longevity ...... 38

M M Management Rights ...... 7 Management Rights ...... 7 Moving Expenses ...... 23 Moving Expenses ...... 23

O O Obligation to Bargain ...... 67 Obligation to Bargain ...... 67 Overtime Overtime Canine Corp ...... 35 Canine Corp ...... 35 Fire Inspectors ...... 34 Fire Inspectors ...... 34 Park Rangers ...... 30 Park Rangers ...... 30 Special Agent 1s ...... 32 Special Agent 1s ...... 32 Special Agent 2s ...... 33 Special Agent 2s ...... 33 State Troopers ...... 26 State Troopers ...... 26

P P PAC Deduction ...... 4 PAC Deduction ...... 4 Paid Annual Paid Annual Leave of Absence (Vacation) . .6, 42-46, 52-53, 56-57, 66 Leave of Absence (Vacation) . .6, 42-46, 52-53, 56-57, 66 Park Rangers Park Rangers Compensatory Time ...... 30 Compensatory Time ...... 30 Overtime ...... 30 Overtime ...... 30 Work Schedules ...... 29 Work Schedules ...... 29

76 76 Pay (See Wages and Fringe Benefits) Pay (See Wages and Fringe Benefits) Per Diem ...... 59 Per Diem ...... 59 Performance Evaluation ...... 37, 64 Performance Evaluation ...... 37, 64 Personal Items, Damage to ...... 61 Personal Items, Damage to ...... 61 Personnel Files ...... 64 Personnel Files ...... 64 Physical Fitness Testing ...... 63 Physical Fitness Testing ...... 63 Premium Pay, Conservation Officers ...... 29 Premium Pay, Conservation Officers ...... 29 Probationary Employees Probationary Employees Grievance ...... 16 Grievance ...... 16 Transfers ...... 21 Transfers ...... 21 Processing Grievances ...... 14 Processing Grievances ...... 14 Protective Clothing ...... 61 Protective Clothing ...... 61

R R Reassignment ...... 21, 23 Reassignment ...... 21, 23 Recall Recall Recognition ...... 2 Recognition ...... 2 Reduction in Force (See Layoff) Reduction in Force (See Layoff) Reduction of Wages ...... 16 Reduction of Wages ...... 16 Referral Bonus ...... 61 Referral Bonus ...... 61 Retention of Benefits ...... 67 Retention of Benefits ...... 67 Retroactivity ...... 13 Retroactivity ...... 13 Right of Representation ...... 8 Right of Representation ...... 8 Rules (See Work Rules) Rules (See Work Rules)

S S Safety Safety Damage to Personal Items ...... 61 Damage to Personal Items ...... 61 Protective Clothing ...... 61 Protective Clothing ...... 61 Safety Committee ...... 62 Safety Committee ...... 62 Special Equipment ...... 62 Special Equipment ...... 62 Salary Schedules, Appendix A ...... 69 Salary Schedules, Appendix A ...... 69 Schedules (See Work Schedules) Schedules (See Work Schedules) Seniority ...... 7, 16-22, 25, 32, 43, 53, 58 Seniority ...... 7, 16-22, 25, 32, 43, 53, 58 Shift Differential ...... 58 Shift Differential ...... 58 Sick Leave ...... 44, 52-58 Sick Leave ...... 44, 52-58

77 77 Special Agent 1s Special Agent 1s Compensatory Time ...... 32 Compensatory Time ...... 32 Overtime ...... 32 Overtime ...... 32 Special Agent 2s Special Agent 2s Assignment to Other Zones ...... 34 Assignment to Other Zones ...... 34 Compensatory Time ...... 33 Compensatory Time ...... 33 Overtime ...... 33 Overtime ...... 33 Standby Time ...... 33 Standby Time ...... 33 Special Enforcement Team ...... 26 Special Enforcement Team ...... 26 Special Equipment ...... 62 Special Equipment ...... 62 Spending Account Spending Account Dependent Care ...... 42 Dependent Care ...... 42 Health Care ...... 42 Health Care ...... 42 Standby Time Standby Time Special Agent 2s ...... 33 Special Agent 2s ...... 33 State Troopers ...... 27 State Troopers ...... 27 State Troopers State Troopers Compensatory Time ...... 26 Compensatory Time ...... 26 Overtime ...... 26 Overtime ...... 26 Standby Time ...... 27 Standby Time ...... 27 Work Schedules ...... 24 Work Schedules ...... 24 Stewards, Number of ...... 13 Stewards, Number of ...... 13 Strike ...... 67 Strike ...... 67 Subpoenas ...... 60, 66 Subpoenas ...... 60, 66 Supplemental Life Insurance ...... 41 Supplemental Life Insurance ...... 41

T T Termination of Agreement ...... 68 Termination of Agreement ...... 68 Time Limits, Grievance ...... 12 Time Limits, Grievance ...... 12 Transfers Transfers Council Leave ...... 7 Council Leave ...... 7 Dues Deduction ...... 3 Dues Deduction ...... 3 Layoff ...... 19 Layoff ...... 19 Moving Expenses ...... 23 Moving Expenses ...... 23 Notice ...... 4 Notice ...... 4 Reassignment ...... 21, 23 Reassignment ...... 21, 23 Requests ...... 20 Requests ...... 20

78 78 Seniority ...... 16 Seniority ...... 16 Vacancies ...... 21 Vacancies ...... 21 Troopers (See State Troopers) Troopers (See State Troopers)

U U Union Security ...... 2 Union Security ...... 2 Use of State Facilities ...... 6, 14 Use of State Facilities ...... 6, 14

V V Vacancies ...... 21 Vacancies ...... 21 Vacation (Annual Paid Leave) . . . . 6, 42-46, 52-53, 56-57, 66 Vacation (Annual Paid Leave) . . . . 6, 42-46, 52-53, 56-57, 66 Voluntary Layoff ...... 20 Voluntary Layoff ...... 20

W W Wages and Fringe Benefits Wages and Fringe Benefits Biweekly Salary Schedules, Appendix A . . . . . 69 Biweekly Salary Schedules, Appendix A . . . . . 69 Clothing Maintenance Allowance ...... 60 Clothing Maintenance Allowance ...... 60 Conversion Rights ...... 56 Conversion Rights ...... 56 Court Allowance ...... 60 Court Allowance ...... 60 Deferred Compensation ...... 61 Deferred Compensation ...... 61 Dental Insurance ...... 38-40, 42, 52 Dental Insurance ...... 38-40, 42, 52 Family and Medical Leave ...... 46, 51 Family and Medical Leave ...... 46, 51 Health Insurance ...... 38-40, 52, 55-56 Health Insurance ...... 38-40, 52, 55-56 Higher Rank Allowance ...... 59 Higher Rank Allowance ...... 59 Holidays ...... 42-43, 54, 56-57 Holidays ...... 42-43, 54, 56-57 Insurance Premium Conversion ...... 42 Insurance Premium Conversion ...... 42 Life Insurance ...... 3, 40-42, 55-56 Life Insurance ...... 3, 40-42, 55-56 Longevity ...... 38 Longevity ...... 38 Paid Annual Leave of Absence (Vacation) . . . .42-46 Paid Annual Leave of Absence (Vacation) . . . .42-46 Per Diem ...... 59 Per Diem ...... 59 Referral Bonus ...... 61 Referral Bonus ...... 61 Shift Differential ...... 58 Shift Differential ...... 58 Sick Leave ...... 44, 52-58 Sick Leave ...... 44, 52-58 Wages ...... 36 Wages ...... 36 Work-Related Injuries ...... 57 Work-Related Injuries ...... 57 Workers’ Compensation ...... 57 Workers’ Compensation ...... 57 Work Rules ...... 63 Work Rules ...... 63

79 79 Work Schedules Work Schedules Canine Corp ...... 35 Canine Corp ...... 35 Conservation Officers ...... 27 Conservation Officers ...... 27 Fire Inspectors ...... 34 Fire Inspectors ...... 34 General ...... 24 General ...... 24 Park Rangers ...... 29 Park Rangers ...... 29 Special Agent 1s ...... 31 Special Agent 1s ...... 31 Special Agent 2s ...... 33 Special Agent 2s ...... 33 State Troopers ...... 24 State Troopers ...... 24

80 80