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Master Agreement MASTER AGREEMENT BETWEEN COMMONWEALTH OF PENNSYLVANIA AND COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO Effective July 1,asd 2016 to June 30, 2019 TABLE OF CONTENTS Page PREAMBLE . 1 ARTICLE 1 RECOGNITION . 1 ARTICLE 2 MANAGEMENT RIGHTS . 2 ARTICLE 3 UNION SECURITY . 3 ARTICLE 4 DUES DEDUCTION. 4 ARTICLE 5 CREDIT UNION . 6 ARTICLE 6 HOURS OF WORK . 7 ARTICLE 7 REST PERIODS . 11 ARTICLE 8 MEAL PERIODS. 12 ARTICLE 9 EATING AND SANITARY FACILITIES. 13 ARTICLE 10 HOLIDAYS . 14 ARTICLE 11 PERSONAL LEAVE DAYS . 22 ARTICLE 12 LEAVES OF ABSENCE . 26 ARTICLE 13 VACATIONS . 28 ARTICLE 14 SICK LEAVE AND BEREAVEMENT LEAVE . 36 ARTICLE 15 CIVIL LEAVE . 43 ARTICLE 16 MILITARY LEAVE. 45 ARTICLE 17 LEAVES OF ABSENCE WITHOUT PAY. 50 ARTICLE 18 PARENTAL LEAVE/ FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE. 57 ARTICLE 19 SALARIES AND WAGES . 70 ARTICLE 20 OVERTIME . 73 ARTICLE 21 SHIFT DIFFERENTIAL . 80 ARTICLE 22 CALL TIME . 81 ARTICLE 23 STANDBY TIME . 82 ARTICLE 24 LIFE INSURANCE . 83 i ARTICLE 25 HEALTH BENEFITS . 84 ARTICLE 26 WORK-RELATED INJURIES . 99 ARTICLE 27 CLASSIFICATION . 105 ARTICLE 28 DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. 113 ARTICLE 29 SENIORITY. 116 ARTICLE 30 UNIFORMS, CLOTHING AND EQUIPMENT. 136 ARTICLE 31 DISCRIMINATION/EMPLOYEE TREATMENT . 138 ARTICLE 32 UNION BUSINESS. 139 ARTICLE 33 SPECIAL AND PART-TIME EMPLOYEES . 140 ARTICLE 34 PEACE AND STABILITY . 141 ARTICLE 35 MISCELLANEOUS PROVISIONS . 142 ARTICLE 36 EQUAL EMPLOYMENT OPPORTUNITY . 148 ARTICLE 37 GRIEVANCES AND ARBITRATION/ STANDARD GRIEVANCE PROCEDURE . 148 ARTICLE 38 GRIEVANCES AND ARBITRATION/ ACCELERATED GRIEVANCE PROCEDURE . 153 ARTICLE 39 SAFETY AND HEALTH . 160 ARTICLE 40 SUCCESSORS . 163 ARTICLE 41 FAMILY CARE LEAVE . 163 ARTICLE 42 POLITICAL ACTION COMMITTEE DEDUCTIONS . 168 ARTICLE 43 PRESERVATION OF BARGAINING UNIT WORK. 169 ARTICLE 44 TEMPORARY POOL EMPLOYEES . 173 ii ARTICLE 45 LEAVE DONATION PROGRAM . 174 ARTICLE 46 TERMINATION . 178 SIGNATURE PAGES . 179 APPENDIX A STANDARD PAY SCHEDULE, EFFECTIVE JULY 1, 2014. 183 APPENDIX B STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2016 . 187 APPENDIX C STANDARD PAY SCHEDULE, EFFECTIVE JULY 1, 2017. 191 APPENDIX D STANDARD PAY SCHEDULE, EFFECTIVE JULY 1, 2018. 195 APPENDIX E JOB TITLES BY BARGAINING UNIT. 199 APPENDIX F ORGANIZATIONAL SENIORITY UNITS BY AGENCY FOR ALL BARGAINING UNITS . 237 APPENDIX G RULES OF THE ACCELERATED GRIEVANCE PROCEDURE . 289 APPENDIX H MAINTENANCE AND TRADES UNIT . 298 APPENDIX I CLERICAL, ADMINISTRATIVE, AND FISCAL UNIT . 334 APPENDIX J HUMAN SERVICES UNIT . 339 APPENDIX K TECHNICAL SERVICES UNIT. 357 APPENDIX L INSPECTION, INVESTIGATION AND SAFETY UNIT . 364 APPENDIX M PROFESSIONAL, ADMINISTRATIVE AND FISCAL UNIT . 373 APPENDIX N ENGINEERING AND SCIENTIFIC UNIT . 382 APPENDIX O OFFICE OF ATTORNEY GENERAL UNITS . 394 iii APPENDIX P STATE PUBLIC SCHOOL BUILDING AUTHORITY UNIT . 407 APPENDIX Q AUDITOR GENERAL UNITS . 408 APPENDIX R PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION UNITS . 420 APPENDIX S PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY UNITS . 443 APPENDIX T TREASURY UNITS . 453 APPENDIX U PENNSYLVANIA GAMING CONTROL BOARD UNITS. 458 iv 7 PREAMBLE This Agreement entered into by Council 13 American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the Union, and the Commonwealth of Pennsylvania, hereinafter referred to as the Employer, has as its purpose the promotion of harmonious relations between the Union and the Employer; the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. ARTICLE 1 RECOGNITION Section 1. Council 13 of the American Federation of State, County, and Municipal Employees, AFL-CIO, is recognized as the exclusive representative for collective bargaining purposes for employees within the classifications included under the following certifications of the Pennsylvania Labor Relations Board: PERA-R-13-C, Units I and III, Maintenance and Trades; PERA-R-1205-C and R-1207-C, Human Services; PERA-R-1413-C, Clerical, Administrative and Fiscal; PERA-R-2180-C, Technical Services; PERA-R-777-C, Inspection, Investigation and Safety; PERA-R-2687-C, Professional, Administrative and Fiscal; PERA-R-3294-C, Engineering and Scientific; PERA-R-l329-C, R-1330-C, R-1331-C and R-1879-C, Auditor General Department; PERA-R-1468-C, R-1469-C, R-1470-C, and R-2495-C, Treasury Department; PERA-R- 2598-C, Pennsylvania Higher Education Assistance Agency; PERA-R-2566-C and PERA-R-2567-C, Public 1 School Building Authority; PERA-U-81-351-E, U-81-352- E and U-353-E, Attorney General; Pennsylvania State System of Higher Education; and PERA-R-09-54-E and PERA-R-09-57-E, Pennsylvania Gaming Control Board. Section 2. The term employee when used in this Agreement is defined as those persons in the classifications covered by the certifications referred to in Section 1 of this Article. ARTICLE 2 MANAGEMENT RIGHTS Section 1. It is understood and agreed that the Employer, at its sound discretion, possesses the right, in accordance with applicable laws, to manage all operations, including the direction of the working force and the right to plan, direct, and control the operation of all equipment and other property of the Employer, except as modified by this or unit agreements. Matters of inherent managerial policy are reserved exclusively to the Employer. These include but shall not be limited to such areas of discretion or policy as the functions and programs of the Employer, standards of service, its overall budget, utilization of technology, the organizational structure, and selection and direction of personnel. Section 2. The listing of specific rights in this Article is not intended to be nor should be considered restrictive or as waiver of any of the rights of management not listed and not specifically surrendered herein whether or not such rights have been exercised by the Employer in the past. 2 ARTICLE 3 UNION SECURITY Section 1. Each employee who, on the effective date of this Agreement, is a member of the Union, and each employee who becomes a member after that date shall maintain membership in the Union, provided that such employee may resign from the Union, in accordance with the following procedure: a. The employee shall send a certified letter, return receipt requested, of resignation to the headquarters of Council 13, AFSCME, AFL-CIO and a copy of the letter to the employee’s agency. The official membership card, if available, shall accompany the letter of resignation. b. The letter shall be postmarked during the 15 day period prior to the expiration date of this Agreement and shall state that the employee is resigning membership in the Union and where applicable is revoking check-off authorization. Section 2. The Employer and the Union hereby agree that all non-members of the Union shall be subject to a fair share fee as provided for in Act 84 of l988 (S.B. 29l) and any amendments thereto. Section 3. a. The Employer shall furnish each new employee with a copy of this Agreement together with an authorization for dues payroll deduction, provided the Union has furnished the Employer with sufficient copies of the Agreement containing the authorization for dues deduction. b. The Union shall be given the opportunity to access new employees during the agency orientation process. 3 ARTICLE 4 DUES DEDUCTION Section 1. The Employer shall deduct the Union biweekly membership dues and an annual assessment, if any, from the pay of those employees who individually request in writing that such deductions be made. The rate at which dues are to be deducted and the amount of the annual assessment shall be certified to the Employer by the Union, and the Employer shall deduct Union dues at this rate from members’ regular biweekly salary and wages (including retroactive salary/wage payments and lump sum payments made pursuant to Article l9, Salaries and Wages). The aggregate deductions of all employees shall be remitted together with an itemized statement to the Union by the last day of the succeeding month, after such deductions are made. This authorization shall be irrevocable by the employee during the term of this Agreement. When revoked by the employee in accordance with Article 3, the agency shall halt the check-off of dues effective the first full pay period following the expiration of this Agreement. Section 2. The Employer further agrees to deduct a fair share fee biweekly from all employees in the bargaining unit who are not members of the Union. Authorization from non-members to deduct fair share fees shall not be required. The amounts to be deducted shall be certified to the Employer by the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Union by the last day of the succeeding month, after such deductions are made. Section 3. The employee’s written authorization for dues 4 payroll deductions shall contain the employee’s name, social security number, agency in which employed, work location (institution, district, bureau, etc.), Union name and local number. Section 4. Where an employee has been suspended, furloughed or discharged and subsequently returned to work, with full or partial back pay, or has been reclassified retroactively, the Employer shall, in the manner outlined in Sections 1 and 2 above, deduct the Union membership dues and fair share fees that are due and owing for the period for which the employee receives back pay. Section 5. The dues deduction and fair share fee provisions of this Article shall continue to pertain and be complied with by the Employer with regard to those employees who are promoted into or demoted from a unit of first level supervisors represented by the Union or when any employee is transferred from one position to another position covered by this Agreement.
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