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Collective Bargaining Agreements for State and County Government Employees U. S. Department of Labor Bureau of Labor Statistics 1976 Bulletin 1920 Library of Congress Cataloging in Publication Data United States. Bureau of Labor Statistics. Collective bargaining agreements for state and countygovernment employees. (Bulletin - U. S. Bureau of Labor Statistics ; 1920) Prepared by R. R. Nelson, assisted by R. J. Syrokowiak and J. E. Mann. Supt. of Docs, no.: L 2.3:1920 1. Collective labor agreements— Government employees — United States. 2. State governments— Officials and employees. 3* County officials and employees— United States. I. Nelson, Richard R. II. Symkowiak, Ronald J. III. Mann, Jacquelyn E. IV. Title. V. Series: United States. Bureau of Labor Statistics. Bulletin ; 1920. KF3U09.P77A8U3 3^ * .7 3 ’ 01890^13539 76-608200 Collective Bargaining Agreements for State and County Government Employees U. S. Department of Labor W. J. Usery, Jr., Secretary Bureau of Labor Statistics Julius Shiskin, Commissioner 1976 Bulletin 1920 For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, GPO Bookstores, or BLS Regional Offices listed on inside back cover. Price $1.50 Make checks payable to Superintendent of Documents Stock Number 029-001-01935-1 Preface This bulletin is one of a series of studies by the Bureau of Labor Statistics dealing with collective bargaining and labor-management relations in the public sector. This study provides information on the characteristics of negotiated agreements covering government employees in State and county jurisdictions. The bulletin was prepared in the Division of Industrial Relations by Richard R. Nelson, assisted by Ronald J. Symkowiak and Jacquelyn E. Mann, under the direction of Leon E. Lunden, Project Director. The study was carried out with funds made available by the LaborManagement Services Administration of the Department of Labor. Material in this publication is in the public domain and may be reproduced without permission of the Federal Government. Please credit the Bureau of Labor Statistics and cite the name and number of the publication. in Contents Page Chapters: 1. Introduction ....................................................................................................................................................... Scope and method of s tu d y ........................................................................................................................ General characteristics of agreements ...................................................................................................... 1 1 1 2. Administrative provisions ............................................................................................................................... 5 Management rights ....................................................................................................................................... 5 Antidiscrimination clauses ......................................................................................................................... 6 Residency requirements ............................................................................................................................. 7 Political activity ............................................................................................................................................ 7 Job-related legal a i d ...................................................................................................................................... 7 Union s e c u rity ............................................................................................................................................... 8 Dues checkoff .......................... 9 Labor-management committees ................................................................................................................ 10 Union activities ............................................................................................................................................ 12 3. Personnel actions ........................................... Promotions ..................................................................................................................................................... Temporary transfers .................................................................................................................................... Probationary period ...................................................................................................................................... Disciplinary p ro ce d u re s............................................................................................................................... Demotions ...................................................................................................................................................... Reduction in f o r c e ........................................................................................................................................ 20 20 22 23 24 25 26 4. Hours and o v e rtim e .......................................................................................................................................... Scheduled weekly hours .............................................................................................................................. Scheduled days per week ........................................................................................................................... Overtime ........................................................................................................................................................ 31 31 32 33 5. Wage-related provisions .............................................................................................................................. Wage surveys ................................................................................................................................................ Longevity pay ............................................................................................................................................... Work clothing and uniform allowances ................................................................................................... Safety equipment ............................................................................................................................... Automobile allowances ............................................................................................................................... Shift differentials .......................................................................................................................................... Wage adjustments ........................................................................................................................................ 39 39 39 40 41 42 43 43 6. Leave .......................................................... Vacations ....................................................................................................................................................... Holidays .......................................................................................................................................................... Other payments for time not worked ....................................................................................................... Unpaid leaves of absence ........................................................................................................................... 47 47 49 50 56 7. Working conditions .......................................................................................................................................... 62 Work assignments ........................................................................................................................................ 62 Restrictions on subcontracting................................................................................................................... 63 Restrictions on work by supervisors ........................................................................................................ 63 Training ............................................................................................................................................................64 v Contents—Continued Page Chapters—Continued Moonlighting .................................................... >.......................................................................................... 67 8. Grievance and impasse p ro ce d u re s............................................................................................................. Scope of the grievance procedure ........................................................................................................... Grievance settlement .................................................................................................................................. No-strike provisions ........................................... Negotiations .......................................................... Impasse procedures ............................................. Approval by higher authority ................................................................................................................... Savings c la u s e s ............................................................................................................................................. Tables: State and county collective bargaining agreements, 1972-73— 1. By region and level of government ............................................................................................................. 2. By size of bargaining unit and level of government ................................................................................ 3. By government activity and level of government .................................................................................... 4. By occupational group..................................................................................................................................... 5. By duration and level of government .......................................................................................................... 6. Management rights and antidiscrimination provisions by level of government .................................. 7. Union security provisions by level of government and government activity ...................................... 8. Dues checkoff provisions by government activity ................................................................................... 9. Union security provisions by dues c h e ck o ff.............................................................................................. 10. Labor-management and related committees by level of government ................................................... 11. Union activity provisions by level of government ................................................................................... 12. Paid time for union business by level of government .............................................................................. 13. Promotion procedures by occupational group ........................................................................................... 14. Seniority as a factor in promotion by occupational group ...................................................................... 15. Disciplinary procedures by level of government ...................................................................................... 16. Demotion procedures by level of government .......................................................................................... 17. Reduction-in-force provisions by level of government and occupational group ................................ 18. Scheduled hours in the workweek by occupational group ...................................................................... 19. Scheduled days in the workweek by level of government ...................................................................... 20. Overtime provisions by occupational group .............................................................................................. 21. Overtime rates by daily and weekly overtime ..... 22. Compensatory time by occupational group ......... 23. Selected wage provisions by level of government ................................................................................... 24. Wage adjustments by duration of agreement ............................................................................................. 25. Maximum paid vacations by level of governm ent..................................................................................... 26. Number of paid holidays by level of government ..................................................................................... 27. Selected payments for time not worked by level of governm ent........................................................... 28. Leave of absence provisions by level of government .............................................................................. 29. Selection of work assignments and restrictions on subcontracting and work by supervisors by occupational group ..................................................................................................... 30. Training provisions by occupational g ro u p ................................................................................................. 31. Grievance machinery by level of government ........................................................................................... 32. No-strike provisions by level of government ............................................................................................ 33. Negotiation impasse procedures by level of government ....................................................................... Appendix: 70 70 71 72 73 73 74 75 3 3 3 4 4 16 17 18 18 18 19 19 29 29 30 30 30 37 37 38 38 38 46 46 60 60 61 61 69 69 76 76 76 Identification of clauses ........................................................................................................................... 77 vi Chapter I. Introduction u n ilateral prom ulgations resulting from bilateral negotiations, were included in this study. For con venience of exposition, all documents will be referred to as agreements or contracts. The reader should keep in mind that the data reflect the Bureau’s understanding of the written provisions and not necessarily that of the parties. C ontract language is elusive and complicated, and often requires interpretation through the arbitration process. What is carried out in practice, furthermore, may differ from formal contract provisions. Under these circumstan ces, the Bureau can only analyze the specific language appearing in contracts and hope that it closely reflects the rules under which the parties operate. The extent of collective bargaining among State and county governments and their employees cannot be stated with certainty. It is clear, nevertheless, that public sector bargaining has grown in recent years and now represents an important factor in State and county operations. Budgets, legislation, and politics are influenced by, and in turn influence, negotiations with employee organizations. The process is often carried on with concerned citizens in the background who see government workers, on the one hand, as employees striving to maintain their economic position in the face of inflation and recession, and on the other, as a cause of tax increases for the general public. This is the Bureau’s first analytical study primarily concerned with collective bargaining agreem ents covering State and county employees. It provides data on a wide variety of contract provisions, describes them , and p resents illustrative clauses. In great measure, the tabulations appearing in this publication can be linked to more current data appearing in the Bureau’s new annual series, Characteristics o f Agree ments in State and Local Governments, much of which is presented by level of governm ent.1 General characteristics of agreements Region. More than three-fourths of the agreements studied, covering more than four-fifths of the employ ees, were from three regions—the East North Central, Pacific, and Middle A tlantic (table 1). These are populous areas, with a history of both private and public union activity. California had more agreements in the study than any other State (58), primarily as the result of 41 Los Angeles County agreements covering 61,312 workers. Specific reference will be made in those sections of the bulletin where Los Angeles’ large concentration strongly influences the findings. Other States contributing significant numbers of agreements to the study include New York (5l), Wisconsin (40), Michigan (39), and M assachusetts (25). Scope and method of study For this study, the Bureau examined 318 collective bargaining agreements and related documents covering 340,447 w orkers em ployed by State and county government units. One-third were negotiated by State agencies and the remainder by county governments. The study is based on agreements on file with the Bureau and is not necessarily representative of all State and county agreements nationwide. All agreements studied covered at least 50 employees and were in effect during 1972-73 and later. To provide the most current information possible, most of the clause illustrations (over four-fifths) were drawn from contracts expiring in 1975 and later. The agreements from which the clauses are taken are identified in the appendix. As with previous Bureau studies of the public sector, documents other than collective bargaining agree m ents, such as m em oranda of understanding and Size o f bargaining unit. Most of the agreements studied covered relatively small numbers of workers. Threefiftjis of the agreements, for example, involved fewer than 500 employees each, but these accounted for only 11 percent of the workers in the study (table 2). On the other hand, only one-quarter of the agreements covered four-fifths of the employees. More than half of the con tracts covering 1,000 workers or more were negotiated by counties. The largest single unit in the study covered over 16,000 clerical and office services employees in Los Angeles County. T he first of these is Characteristics of Agreements in State and Local Governments, Jan. 1, 1974, BLS Bulletin 1861 (Bureau of Government activity. Nearly 23 percent of the agree ments, covering 40 percent of the employees in the Labor Statistics, 1975). 1 of the agreements in this study had terms of that length. In fact, over three-quarters of the agreements, covering the same proportion of employees, had terms of 2 years or less, and approximately one-third lasted 1 year or less (table 5). study, were jurisdictionwide in scope (table 3). That is, they covered all government functions in the particular State or county, or all functions except for those in a limited number of specified agencies, such as police and fire departments. The remainder covered 17 separate government functions, most frequently public works, health and medical activities, education, law enforce ment, and social welfare. For certain other government activities, such as libraries, public transportation, sanitation, and public utilities, agreements at the State or county level were relatively uncommon because th ese fu n ctio n s usu ally are carrie d out by city governments. Most of the bargaining units in education agencies were comprised of employees working on university or college campuses. Nearly 80 percent of these units included workers in “ blue-collar” jobs, which explains why clauses generally pertinent to blue-collar workers appeared often in education agreements. Organizational affiliation. More than 60 percent of the agreements in the study were negotiated by unions affil iated with the AFL-CIO. The remainder were nego tiated by an independent union (the Teamsters) or by various employee associations: Occupational coverage. More than 55 percent of the agreements covered single occupational groups, most frequently blue-collar or professional/technical em ployees (table 4). However, these involved only 40 percent of the workers. The majority of workers were covered by agreements that applied to more than one occupational group. These agreements were bargained primarily by large State and county units. Although a number of agreements specified those groups covered, most did not clearly define the classifications involved. Ordinarily such agreements stipulated that “ all,” “ all classified,” or “ all civil service” employees were covered. Others designated only those employees specifically excluded from coverage, commonly police, firefighters, or administrative employees; by inference, employees not designated came under the agreement. W here contracts clearly defined their occupational scope, clerical employees were covered least often. However, it may be assumed that coverage of clerical employees was high among those contracts not clearly defining occupational inclusions. Workers All agreem ents.................... 318 340,447 AFL-CIO unions ............................ International Brotherhood of Teamsters (Ind.) ........................ Combination AFL-CIO and Teamsters .................................... Associations .................................... 193 181,819 10 1,196 1 114 450 156,982 O n ly fo u r e m p lo y e e o r g a n iz a tio n s h a d m o r e th a n 10 c o l le c t i v e b a r g a in in g a g r e e m e n ts in th e stu d y : Agreements American Federation of State, County and Municipal Employees (AFL-CIO) ............. Service Employees International Union (AFL-CIO) ..................... Civil Service Employees Associa tion (Ind.) .................................... International Brotherhood of Teamsters (Ind.) ........................ Workers 139 136,073 32 32,619 32 47,464 11 1,646 Agreements with these organizations accounted for two-thirds of the total and covered 64 percent of the employees. The union with by far the largest number of agreements, 44 percent of all agreements studied, was the American Federation of State, County and Muni cipal Employees (AFL-CIO). Among associations, the Civil Service Employees Association had the largest number of agreements; there was scattered representation of other major associations, including the American Nurses Associa tion, the American Association of University Pro fessors, the Fraternal Order of Police, and six different State employee associations. However, over one-half of the 114 employee associations were unaffiliated associations which organized all government workers within a jurisdiction or which concentrated on parti cular occupational groups. Agreement duration. The duration of the State and county agreements studied was generally shorter than that of private sector labor contracts. According to a Bureau study of private sector agreements, 64 percent had a duration of 36 months or longer.2 Only 18 percent Characteristics of Major Collective Bargaining Agreements, July 1,1974, Bulletin 1888 (Bureau of Labor Statistics, 1975), table 1.4, p. 7. Agreements 2 Table 1. State and county collective bargaining agreements by region and level of government, 1972-73______________________________________ Level of government All agreements Region State County Agreements Workers Agreements Workers Agreements Workers Total ............... 318 340,447 106 151,257 212 189,190 New England .............. M iddle A tlantic ......... East North Central .... West North Central .... South A t la n t ic ............ East South Central .... West South Central ... M o u n ta in .................... P a c if ic ........................ 26 69 99 16 19 3 33,325 124,828 55,536 9,797 15,517 1,490 21 18 36 7 11 1 32,124 62,500 29,205 8,463 2,705 169 5 51 63 9 8 2 1,201 62,328 26,331 1,334 12,812 1,321 - - - 1,759 98,195 5 81 - 3 9 - 1,549 14,542 — 2 72 210 83,653 Table 2. State and county collective bargaining agreements by size of bargaining unit and level of government, 1972-73___________________________________ Number of employees in bargaining unit Level of government All agreements County State Agreements Workers Agreements Workers Agreements Workers Total ............... 318 340,447 106 151,257 212 189,190 50-99 .......................... 100-299 ...................... 300-499 ...................... 500-999 ...................... 1,000-4,999 ............... 5,000 and o v e r ........... 57 85 56 42 62 16 4,012 14,040 20,976 29,538 136,307 135,574 14 22 15 19 27 9 1,019 4,152 5,676 12,319 53,091 75,000 43 63 41 23 35 7 2,993 9,888 15,300 17,219 83,216 60,574 Table 3. State and county collective bargaining agreements by government activity and level of government, 1972-73______________________________________________________________ Level of government All agreements Government activity County State Agreements Workers Agreements Workers Agreements Workers ............................................. 318 340,447 106 151,257 212 189,190 Agricultural services ............................... Central adm inistration ............................. Central services ........................................ Correctional in s t it u t io n s .......................... C o u r ts ........................................................ E d u c a tio n ................................................... Em ploym ent/com pensation....................... Fire protection .......................................... Health/medical ......................................... Law enforcement ...................................... Libraries and related services ................ Public tra n s p o rta tio n ................................ Public u tilitie s ......................................... Public works ............................................. Regulatory agencies/licenses .................. Sanitation and related services .............. Social welfare .......................................... Jurisdictionw ide1 ...................................... 3 15 4 9 14 36 4 8 45 29 1 3 2 46 4 1 21 73 984 18,209 3,272 2,475 8,494 38,832 10,600 7,474 42,473 18,137 117 12,200 252 15,065 4,516 850 18,728 137,769 3 6 984 7,784 - Total - 5 1 34 4 13 7 3 - 7 4 - 6 13 "•Included are all agreements covering all employees of the government jurisdiction without exception and those in a limited number of specified agencies such - 1,860 4,000 36,682 10,600 21,940 5,261 — 12,200 8,100 4,516 - 8,986 28,344 9 4 4 13 2 - 8 32 22 1 - 2 39 - 1 15 60 as uniformed services or a parks and recreation department, 3 - 10,425 3,272 615 4,494 2,150 7,474 20,533 12,876 117 - 252 6,965 - 850 9,742 109,425 Table 4. State and county collective bargaining agreements by occupational group, 1972-73___________________________________________________ All agreements Occupational group Agreements Workers Total ................................................................................................... 318 340,447 Blue-collar or manual .................................................................................. Professional or technical ............................................................................. C lerical .......................................................................................................... Police and f i r e ............................................................................................... Blue-collar and clerical ............................................................................... Professional, technical, and c lerical .......................................................... B lue-collar and professional ....................................................................... Police, fire, and clerical .............................................................................. M ultiple occupations not defined or not listed above1 .............................. 73 67 4 31 10 6 14 5 108 30,021 68,974 2,739 31,750 5,830 21,032 10,051 12,911 157,139 1As a rule, agreements which do not define occupational coverage state that they cover “a ll," “all cla ssified,” or “all civil service” employees. Some specify only employees excluded from coverage, such as police, firefighters, or administrative personnel, and by inference include all others, Table 5. State and county collective bargaining agreements by duration and level of government, 1972-73 Level of government Duration All agreements State County Agreements Workers Agreements Workers Agreements Workers Total ............... 318 340,447 106 151,257 212 189,190 Less than 12 months . 12 months .................. 13 to 23 months ........ 24 months .................. 25 to 35 m o n th s ........ 36 months .................. More than 36 months . Not specified .............. 8 96 37 101 15 52 4 5 10,213 82,554 53,799 117,877 17,762 46,215 2,925 9,102 1 23 20 35 5 17 3 2 50 29,159 41,978 37,868 4,290 34,225 925 2,762 7 73 17 66 10 35 1 3 10,163 53,395 11,821 80,009 13,472 11,990 2,000 6,340 4 Chapter 2. Administrative Provisions Enumerated statements can be brief or lengthy in listing the rights retained by management and the limita tions put on these rights by the collective bargaining agreement: Management rights A management rights provision describes those func tions which are reserved in whole or in part to the employer and sets forth in varying amounts of detail those matters controlled by management and those li mited by the collective bargaining agreement. It is an understanding between the parties for the term of the contract on particular management rights issues which have caused problems in the past, an understanding that is subject to modification at any subsequent contract negotiation. Typically, however, in the public sector, management rights provisions restate the scope of bar gaining as permitted by law. Seventy-one percent of the agreements studied contained a management rights clause; they were found relatively more often in State than in county contracts (table 6). A management rights provision can take the form of a broad, general statement of prerogatives only or it can be an enumerated statement which further defines the general statement by listing a variety of retained rights. Advocates of the former believe that a general state ment is sufficient and avoids the possible loss of rights through oversights which might occur in developing an enumerated list. But advocates of enumerated state ments feel that the slight danger of overlooking a par ticular prerogative is more than offset by the advantage of a precise and detailed list of retained rights. General statements of management rights are written in rather sweeping terms, making reference to statutes and governmental powers, and are limited only by the specific provisions of the contract that pertain to it: (1) The State shall retain and may exercise all rights, powers, duties, authority and responsibilities conferred upon and vested therein by the laws and constitutions of the State of New Jersey and of the United States of America. Except as specifically abridged, limited or modified by the terms of this agreement between the State and the Association and Chapter 303, L. 1968, all such rights, powers, authority, prerogatives of management and responsibility to enforce reasonable rules and regu lations governing the conduct and the activities of em ployees are retained by the State. (2) The employer shall have and possess the exclusive right to manage its agencies, departments and offices and to direct its affairs, operations, and the services of its employees, except where in conflict with or changed by the provisions of this agreement. (3) The employer reserves and retains, solely and exclu sively, all rights to manage and direct its work forces, except as expressly abridged by the provisions of this agreement, including by way of illustration, but not limitation, the determination of policies, operations, assignments, schedules, discipline, layoffs, etc., for the orderly and efficient operations of the University. (4) Except as expressly limited by other provisions of this agreement, all of the authority, rights and respon sibilities possessed by the County are retained by it, including, but not limited to, the right to determine the mission, purposes, objectives and policies of the County; to determine the facilities, methods, means and number of personnel for the conduct of the county programs; to administer the merit system, including the examination, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment or transfer of employees pursuant to law; to direct, deploy and utilize the work force; to establish specifications for each class of positions, and to classify or re-classify, and to allocate or re-allocate new or existing positions in accordance with law; and to discipline or discharge employees in accordance with law and the provisions of this agreement. (5) It is understood and agreed by the parties that man agement possesses the sole right to operate the agency so as to carry out the statutory mandate and goals assigned to the agency, and that all management rights repose in management. However, such rights must be exercised consistently with the other provisions of this agreement. These management rights include but are not limited to the following: 1. To utilize personnel, methods, and means in the most appropriate and efficient manner possible; 2. To manage and direct the employees of the agency; 3. To hire, promote, transfer, assign or retain em ployees in positions within the agency; 4. To establish reasonable work rules of conduct; 5. To suspend, demote, discharge or take other ap propriate disciplinary action against employees for just cause; 6. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds or under conditions where man agement believes that continuation of such work would be inefficient or nonproductive; 7. To determine the mission of the agency and the methods and means necessary to efficiently fulfill 5 filiation of employees. Seventeen of the contracts, on the other hand, limited the antidiscrimination clause to union membership only: that mission including the contracting out for or the transfer, alteration, curtailment or discontinuance of any goods or services, including the utilization of part-time employees. However, the provisions of this section shall not be used for the purpose of undermining the union or discriminating against any of its members. (8) It is agreed by the parties that none of the man agement rights noted above or any other manage ment rights shall be a subject of bargaining during the term of this agreement. It is recognized by the parties pursuant to Sec. 111.91 (2), Wis. Stats., that the statutory and rule-provided prerogatives of promotion, layoff, position classification, com pensation and fringe benefits, examinations, disci pline, merit salary determination policy, and other actions provided for by law and rules governing civil service are excluded front the collective bar gaining process and that none of the provisions of the agreement are to be construed as bargaining with respect to the aforementioned subjects. In recent years, various groups have advocated protec tion for employees from all forms of discipline for con duct away from the job. One agreement took this into account, extending the bar against discrimination to behavior held to be legal: (9) The collective bargaining agreement can be viewed by management as an incursion into its rights, since some decisions which management made unilaterally before the advent of collective bargaining are now shared with the employee organization. Consequently one goal of government employers is to insure that those rights not specifically modified by the agreement remain as management’s. This may be accomplished by means of a residual rights provision written into the management rights clause. This statement of residual rights may take two forms. The first has been presented above where the listing of enumerated rights is carefully defined as illustrative (“ . . .rig h ts . . . including by way of illustration, but not limitation . . .” ) or as not inclusive (“ . . . rights . . . including, but not limited to . . The second is a straightforward statement of residual rights: (6) Except as expressly limited by other provisions of this agreement, all of the authority, rights and respon sibilities possessed by the employer are retained by it. (7) The County retains and reserves unto itself all pow ers, rights, authority, duties and responsibilities con ferred upon and vested in it by the Commonwealth of Pennsylvania and all matters not covered by this agreement. The State and the union agree that the provisions of this agreement shall apply equally to all employees and that there shall be no intimidation, interference or dis crimination because of age, sex, marital status, race, color, creed or national origin or political activity, pri vate conduct or union activity which is permissible under law and which does not interfere with an employee’s employment obligation. As a general rule, provisions barred discrimination in the application of the agreement: (10) The parties agree that in the administration of this agreement, there will be no discrimination because of race, creed, color, sex, national origin, handicap or age as provided in applicable State or Federal law. But in some instances there was no clause tying the prohibition to the administration of the agreement, im plying thereby that any discriminatory behavior was prohibited whether it was related to the contract or not: (11) The State and the Association hereby agree that there shall be no discrimination against any employee be cause of race, color, religion, creed, ancestry, sex, age, national origin, or membership or nonmembership in the Association. In some agreements mention was made of specific activities where discriminatory behavior was of con cern. For instance, discrimination in hiring or treatment on the job, or discrimination because of union member ship was singled out as prohibited: Antidiscrimination clauses Over three-fourths of the agreements, covering 85 percent of the employees, contained antidiscrimination clauses (table 6). Usually these prohibited discrimina tion because of race, religion, or nationality; but some, in addition, barred discrimination because of union membership, sex, age, and marital status. Occasionally clauses extended the bar against discriminatory be havior to ancestry, physical handicap, and political af No employee shall be discharged or discriminated against by the employer for upholding union principles or working under the instruction of the union, as long as such activity does not interfere with the efficient opera tion of the department. The employer shall grant reasonable leave of absence to employees whenever required in the performance of duties as “duly au thorized representatives of the union.” “ Duly au thorized representative” means a member of regularly constituted committees and/or officers of the union. 6 (12) There will be no discrimination by either union or employer with respect to any applicant or candidate for employment or employee because of race, creed, color, national origin, religion, sex or age. (13) The Department will not interfere with or discrimi nate in respect to any terms or condition of employment against any employee covered by this agreement be cause of membership in, or legitimate activity as de scribed in this agreement on behalf of the union, nor will the Department encourage membership in another union. exceptions to these prohibitions. One of the three clauses found in this study provided for leaves of ab sence for employees elected to public office. The other two agreements permitted employees to serve as parttime office holders provided that their performance on the job would not suffer: Neither the Department nor the union shall practice or tolerate the existence of any discriminatory practices based on race, religion, color, sex, or national origin with regard to any aspect of employment, union mem bership or office, treatment of employees and union members, services rendered, or facilities supplied by the Department or union. The presence of an antidiscrimination provision im plies that any discriminatory practice is a violation of the agreement and therefore subject to the grievance procedure. Ordinarily, internal appeals systems should be exhausted before a complainant may go to the courts or an administrative agency for aid. With respect to discrimination, laws and administrative rulings permit em ployees to bypass internal procedures. In one agreement, the right to go outside was spelled out: (14) The District shall give the union two days notice of any opportunity for employment in order that the union may refer to the District members who may be qualified for such employment. Preference shall be given resi dents of Clark County. Permanent electrical workers working out of Camas Headquarters must live within thirty minutes travel time of that headquarters. Total with job-related legal aid............................. Los Angeles County agreements.. County agreements other than Los Angeles................................. State agreements............................. 26 Workers 38,933 12 19,151 11 3 8,300 11,482 Some agreements stipulated that law enforcement per sonnel were to be provided with insurance to avoid possible financial injury resulting from suits involving such issues as false arrest, wrongful entry, libel, and slander. The insurance could cover both compensatory and punitive damages: Political activity As in the case of residency requirements, only a very small number of agreements (3) had provisions covering political activity of bargaining unit employees. Public sector employees may be covered by legislation which prohibits m ost forms of political activity. W here clauses exist in agreements, they are negotiated to grant Any employee elected to part-time public office shall not suffer any economic loss or other rights under this contract, as long as his part-time public office does not interfere with his regular hours of work. A greem ents Clauses requiring employees to live within a specified area are generally intended to keep emergency person nel or workers in essential services close to their place of work, or to achieve a sense of community involve ment and responsibility. At their inception in the 1930’s, residency requirements were designed to limit available jobs to unemployed citizens of the local juris diction. Only two agreements in this study contained residency requirements; both were concerned with keeping bargaining unit employees within a reasonable distance of the worksite: (16) (18) Public employees, most notably police and fire fighters, hospital employees, and social welfare work ers, may face court actions brought against them as the result of incidents arising during the performance of their duties. Twenty-six agreements provided workers with some measure of aid or insurance in such cases. N early one-half of these provisions were in Los Angeles County agreements: Residency requirements Probation officers after permanent appointment may reside anywhere in the State of New Jersey, as long as such residence is within a reasonable distance of the location of the probation department. . . . Any employee who is elected to public office shall be granted a leave of absence as is necessary to fulfill the duties of such office . . . . Job-related legal aid The University and the union agree that there will be no discrimination in the application of this agreement because of race, creed, color, national origin, or sex. Nothing in this section shall be construed to prevent an employee alleging discrimination from exercising constitutional authority or statutory rights which may be available. (15) (17) (19) Employees covered by this agreement shall be pro vided, by the employer, a policy of false arrest liability insurance. The premiums for such insurance will be paid by the County. (20) The County shall provide insurance coverage for em ployees protecting them from legal actions against them which shall include but not be limited to civil suits, false arrest suits, detention or imprisonment, malicious prosecution, libel, slander, defamation or violation of right of privacy, wrongful entry or eviction or other invasion of right of private occupancy, invasion of civil rights, etc., and which shall cover both compensatory and punitive damages on both the State and Federal level. Such insurance coverage shall only be afforded to employees acting within the scope of their authority and in the proper performance of their duty. Health and medical workers can be subject to charges of malpractice in the exercise of their duties. In some 7 thereby is provided with the financial security needed for smooth fiscal planning and contract administration while employees who do not want to join the union do not have to do so. One arrangement provided for a charitable contribu tion equal to union dues in lieu of a service fee: agreements employers were required to provide them with insurance as p rotection should dam ages be awarded against them in any civil action: (21) . . . Employer will continue to provide, at employer’s expense, a malpractice protection program for each employee. (25) Sometimes the employer also had to provide for the defense of an accused employee and stand ready to pay costs of any adverse judgment: (22) Upon request of an employee, the County in accor dance with the provisions of the California Government Code, will provide for the defense of any civil action or proceeding brought against him on account of an act or omission in the scope of his employment as an em ployee of the County, and will pay any judgment ren dered against the employee. Union shop. The union shop, the strongest form of union security found, requires, as a condition of em ploym ent, m em bership in the union w ithin a specified time period after employment or the effective date of the agreement. These provisions amounted to over one-fourth of the union security clauses in this study (table 8). Union shop provisions were generally very explicit, giving the exact requirements and setting specific time limits: Union security Union security arrangements were found in 29 per cent of the agreements studied (table 7). This low pre valence can be explained in part by ordinances in some States and counties that expressly prohibit such ar rangements. Union security provisions appeared in a relatively high proportion of agreem ents in public works, education, and health and medical agencies. Four types of union security agreements were found, most commonly the agency shop and less frequently the union shop, maintenance of membership, and the mod ified union shop. (26) Any employee covered by this agreement who is a member of the union at the time this agreement be comes effective shall as a condition of continued employment, continue membership in the union for the duration of this agreement by tendering the periodic membership dues uniformly required as a condition of acquiring or retaining membership in the union. Employees in the bargaining unit not members of the union at the signing of this agreement may or may not become members of the union, at their election; however, such employees not members of the union on July thirty-first (31st), 1971, shall as a condition of con tinued employment become members of the union within thirty days following the date set forth in this paragraph. Any such employees joining the union shall be subject to the terms set forth in paragraph (a) of this section. All future full-time employees placed in occupational classifications in this bargaining unit hired on or after the effective date of this agreement, must as a condition of continued employment become members of the union upon completion of the six month probationary employment period and remain members in good stand ing for the duration of this agreement by tendering the initiation fee and membership dues uniformly required as a condition of acquiring and retaining membership in the union. (27) It shall be a condition of employment that all em ployees of the employer covered by this agreement who are members of the union in good standing on the effec tive date of this agreement shall remain members in good standing. It shall also be a condition of employ ment that any and all employees covered by this agree ment and hired on or after its effective date shall, on the Agency shop. Agency shop provisions generally re quire all employees in the bargaining unit who do not join the union to pay a fixed amount weekly or monthly, usually the equivalent of union dues: (23) All employees in the unit covered by this agreement shall as a condition of continued employment by Wayne County in a classification covered by this agreement (a) be a member of the union or (b) pay to the union a monthly service charge in an amount equal to the monthly dues of the union, the latter as a contribution to the administration of this agreement. (24) Pursuant to Chapter 335 of the Acts of 1969, to assure that employees covered by this agreement shall be adequately represented by the union in bargaining collectively on questions of wages, hours and other conditions of employment, the Collector-Treasurer of the City of Boston shall deduct from each payment of salary made to each such employee during the life of this collective bargaining agreement and pay over to the union, the exclusive bargaining agent of such em ployee, as an agency service fee, the sum of one dollar and fifty cents ($1.50) per week, which amount is pro portionately commensurate with the cost of collective bargaining and contract administration. . . . The service fee is intended to help defray the union’s cost of acting as the bargaining agent. The union An employee who is a member of the union on the effective date of this agreement shall continue his mem bership for the duration of this agreement. An employee who becomes a member of the union during the term of this agreement, and new employees hired after the effective date of the agreement, are not required to join the union. However, they shall, during the duration of the agreement, contribute an amount equal to the union’s dues to any charitable, religious or educational organization of their choice. 8 thirtieth day following the beginning of such employ ment, become and remain members in good standing in the union. M odified union shop. Provisions for a modified union shop were found in 10 agreements. These clauses make exceptions to the union shop rule and allow employees hired before a certain date to refrain from joining the union. The date specified may exclude only long senior ity employees or may exclude all employees who were not union m em bers w hen the agreem ent was negotiated. With the passage of time and the attrition of older workers, the modified union shop would become a full union shop: (28) (29) All present employees covered by this agreement hired after January 1, 1940, shall become and shall remain members of the union in good standing thirty days after the effective date of this agreement. All future employees covered by this agreement who are hired on or after the effective date shall, as a condi tion of continued employment, make application to join the union, become members of the union, and remain members of the union in good standing for the life of this agreement. The parties agree that such employees will be given a period not to exceed thirty calendar days from the effective date of this agreement or from the date of their hire, whichever shall last occur, in which to join the union before the provisions of this article shall apply. Each employee who, on the effective date of this agreement, is a member of the union, and each em ployee who becomes a member after that date shall maintain his membership in the union, provided that such employee may resign from the union during a period of fifteen days prior to the expiration of this agreement. The employee shall send a letter to the department concerned, as well as a copy to the headquarters of [the union]. The copy to the union shall also include the official membership card of the union . . . . (7) Each employee who, on the effective date of this agreement, is a member of the union, and each em ployee who becomes a member after that date shall maintain his membership in the union, provided that such employee may resign from the union during a period of fifteen days prior to the expiration of this agreement. The payment of dues and assessments while a member shall be the only requisite employment condi tion. State and county legislation can have a significant impact on the prevalence of union security provisions. Pennsylvania State law, for example, makes mainte nance of membership a negotiable issue and prohibits compelling an employee to join a union.3 Thus, all eight Pennsylvania agreements containing union security provisions provided only for maintenance of member ship. Los Angeles County law is more restrictive and none of the agreements in that county provided for any form of union security. A Los Angeles county ordinance on employee rights states, “ Employees of the County also shall have the right to refuse to join or participate in the activities of employee organizations. . . . ” All employees covered by this agreement who are members of the association on the effective date of this agreement must maintain membership in good standing in the association subject to the limitations of any State or Federal law as a condition of employment. Employees who have not completed their probation ary period on the effective date of this agreement, as a condition of employment, must join the association be ginning on the 60th day from their date of hire or within 60 days from the effective date of this agreement, whichever is later. New employees hired on or after the effective date of the agreement must join the associa tion 61 days from their date of hire as a condition of employment. Employees transferred into the bargain ing unit must also join the association as of the 61st day of their transfer date. Present employees who are not members of the association shall not be required to join the association as a condition of employment. Dues checkoff Unlike union security clauses, checkoff clauses were included in a large proportion (over four-fifths) of the agreements. These clauses stipulated that the em ployer, upon authorization, would withhold union dues from employee paychecks and forward such amounts to the union or association (table 8). These provisions help ensure the collection of dues and thereby free union representatives for other duties such as contract ad ministration. As table 9 indicates, dues checkoff provisions ac companied union security clauses in nearly all in stances, as would be expected. Most often however, dues checkoff occurred in the absence of union security arrangements. Checkoff provisions generally included three fea tures: (1) written authorization by the employee to de- M aintenance o f membership. Twenty-one agreements included maintenance-of-membership clauses. These provide for continued membership of presently en rolled employees for the duration of the contract. Those workers who were not members prior to the effective date of the agreement are not required to join, nor are any employees who are hired after that date. New em ployees who join the union, however, are required to maintain their membership for the duration of the agreement. Clauses could contain an escape period for employees who wish to resign from the union and could require that the resignation be in writing: (30) 3Summary o f State Policy Regulations for Public Sector Labor Relations: Statutes, Attorney Generals’ Opinions and Selected Court Decisions (U.S. Department of Labor, Labor-Management Services Administration, Feb. 1973). 9 duct dues; (2) protection of employers from suits re sulting from illegal or" wrongful deductions; and (3) remittance to the union of dues withheld: (31) (32) (33) other than that constituting actual deductions made from employee wages earned. The union shall save the employer harmless against any and all claims, de mands, suits, orders, judgments or other forms of liabil ity that may arise out of or by reason of action taken by the employer under this article. Employees shall tender monthly checkoff member ship dues by signing the Authorization for Checkoff Dues Form. Dues to be deducted after six months pro bationary period. During the life of this agreement and in accordance with the terms of the form of Authorization for Check off of Dues Form, hereinafter set forth, the County agrees to deduct union membership dues levied in ac cordance with the Constitution and By-laws of the union from the pay of each employee who executes or has executed the “ Authorization for Checkoff Dues Form” attached hereto and made a part hereof as Ex hibit “ A ” . Checkoff deductions under all properly executed Au thorization for Checkoff of Dues Form shall become effective at the time the application is signed by the employee and shall be deducted from the first pay of the month and the first pay of each month thereafter. Deductions for any calendar month shall be remitted to the designated financial officer of the local union with the list of those for whom dues have been deducted as soon as possible after the fifteenth day of each month. An employee shall cease to be subject to checkoff deductions beginning with the month immediately fol lowing the month in which he is no longer a member of the bargaining unit. The local union will be notified by the employer of the names of the employees following the end of the month in which the termination took place. In three instances, provisions were included for reimbursing the employer for the cost of deducting dues: (34) Labor-management committees Twenty-three percent of the agreements studied con tain e d clauses w hich e sta b lish e d jo in t labormanagement committees to discuss issues relevant to the employer-employee relationship (table 10). As a rule, they dealt with issues of mutual concern that had not yet been written into the collective bargaining agreement. In all cases, issues involving grievances or the terms of the contract were excluded. The commit tees were to meet at regular intervals during duty hours. These committees assure continuing regular contact between the parties in a nonadversary situation to help build understanding and cooperation that might carry over into the settlement of grievances and the conduct of negotiations: Employees shall tender the initiation fee and monthly membership dues by signing the Authorization for Checkoff of Dues Form. Checkoff forms: During the life of this agreement and in accordance with the terms of the Form . . ., the employer agrees to deduct union membership dues levied in accordance with the constitution and by-laws of the union from the pay of each employee who exe cutes or has executed an Authorization . . . Form which has been approved by the employer. When deductions begin: Checkoff deductions under all properly executed . . . forms shall become effective at the time the application is signed by the employee and shall be deducted from the last pay of the month and each month thereafter. The deductions shall be certified to the employer by the treasurer of the union on authorization from payroll deduction cards, in form acceptable to employer, and signed by the employees. The aggregate deductions of all em ployees shall be remitted together with an itemized statement to the treasurer by the 15th of the current month after such deductions are made. (35) . . . The employer agrees that it will deduct from the earnings of all regular full-time employees and of all regular part-time employees working 1,040 hours or more per year in the collective bargaining unit covered by this agreement the amount of money certified by the union as being the monthly dues uniformly required of all employees . . . . The employer shall not be liable to the union, em ployees or any party by reason of the requirements of this article for the remittance or payment of any sum The County agrees to deduct the sum of 500 per payroll period from the paycheck of each employee who has signed a payroll deduction card and filed it with the County Auditor. All such sums collected shall be transmitted to the Treasurer of the Association monthly. Checkoff may be terminated by written notice from the employee, and shall take effect 90 days after receipt of such notice. The Association agrees to pay to the County for such service a sum equal to 500 per average member per year. 10 In order to encourage the exchange of information and to propose and develop solutions to problems of general interest, the following employee-management relations committees shall be established: (1) Fairfax County School Board/Local Union 1919 and; (2) General County/Local Union 1924. The School Board/Local 1919 committee shall consist of the Presi dent of Local 1919, two employees from the Support Services Department, one employee each from the four administrative areas as elected or designated by the union; and School Board representatives designated by the Division Superintendent of Schools. The General County/Local 1924 committee shall consist of the Pres ident of Local 1924, two employees from E.M.T.A., and one employee each from the Department of General Services, the Park Authority, Plant Operations, Solid Waste, Maintenance and Construction, and Line Maintenance Divisions, as elected or designated by the union; and General County Representatives as desig nated by the County Executive. Meetings of the Committees shall be scheduled by mutual agreement of the County and the union but in no ployees and the employer will make every effort to improve conditions to promote health and safety among the employer’s employees. The committee shall make recommendations respecting conditions which in its opinion require correction and the employer agrees that it will use due diligence to avoid hazardous conditions and make reasonable efforts to eliminate any condition which might result in injury or illness to any employee. No employee shall be required to work with any piece of equipment or under any condition that has been declared unsafe by the committee until such time as the unsafe equipment or condition complained of has been corrected. The committee shall be composed of four members designated by the union, one of whom shall be the president, and four members designated by the em ployer, one of whom shall be the superintendent. All recommendations with respect to safety shall be adopted by a majority of the committee. If the commit tee is unable to reach a majority decision on any ques tion of safety, the question shall be referred to the person or persons selected by a majority of the commit tee to decide the issue. Minutes shall be kept of all meetings and shall be distributed to the employer and the union to the end that both the employer and the employees will have an un derstanding of the deliberations of the committee. event will the Committees regularly meet more than once in any calendar month. Meetings will normally be scheduled to commence sometime between the hours of 8:00 a.m. and 5:00 p.m. Employee members of the Committees shall suffer no loss of pay for attending committee meetings during their regularly scheduled work period. (36) There shall be a labor-management committee which will consist of not more than five members who shall be designated in writing in advance by the Association and not more than four members designated by the Fire Chief. This labor-management committee shall meet on a monthly basis or less often, by mutual consent, and such meetings will be to discuss problems and objec tives of mutual concern not involving grievances or the terms and conditions of this agreement. The Fire Chief will also furnish a secretary to take minutes of the meetings and these minutes will be mailed to each member of the committee and alternates and all stations not later than 15 days after the meetings. Eighteen percent of the agreements studied provided for joint safety committees. These also were to meet regularly and were made up of a fixed number of rep resentatives. The functions of safety committees varied from periodic consultation to investigation of unsafe conditions. As a rule, their powers extended only to making recommendations to the parties having the power to make changes in unsafe conditions: (37) (38) (39) Two contracts included provisions which established affirmative action committees. These committees were charged with making recommendations concerning the status of minorities and women in the workplace. Both clauses provided for establishing training programs, one specifically stating that its purpose was to prepare minorities for accelerated promotion. The other clause set as objectives the establishment of career ladders for minorities and the identification and correction of ine quities: It is the expressed policy of the employer and the union to cooperate in an effort to improve health and safety matters. To aid in the furtherance of this expres sion, a Joint Union-Employer Health and Safety com mittee shall be established for the bargaining unit at the Home at King, Wisconsin. The union shall select three representatives to serve on the committee with three representatives selected by the Commandant of the Home. The committee will meet monthly (unless mutually agreed otherwise) at a mutually satisfactory time to consider health and safety matters relating to bargain ing unit employees at the Home and will submit in writing any recommendations it may have to the Com mandant of the Home. The employer and representative shall designate a safety committee member. It shall be their joint respon sibility to investigate and correct unsafe and unhealthful conditions. They shall meet periodically, as neces sary, to review conditions in general, and to make re commendations to either or both parties when appro priate. The safety committee member representing the representative shall be permitted a reasonable oppor tunity to visit work locations throughout the employer’s facilities where employees who are covered by this agreement perform their duties, for the purpose of in vestigating safety and health conditions, during work ing hours, with no loss in pay, for periods not to exceed one hour per day, unless additional time is authorized by the superintendent, or the employer. . . . The committee shall also be the means of handling problems that may arise concerning safety of working conditions. Each of the parties recognizes the impor tance of protecting the health, life and limb of em 11 (40) The committee shall make recommendations to the department as are necessary to accomplish a meaning ful affirmative action program consistent with the pol icy positions set forth by the County Board of Super visors. Such recommendations shall, as soon as feasi ble, include an intra-department on-the-job training program designed to prepare for accelerated promotion to all levels of department operations, employees who are identified as racial or ethnic minorities, as well as women. Participation in such training programs shall not, in any way, be abridged because of bargaining union affiliation or the lack of same. (41) A Joint Affirmative Action Career Development Committee shall be established for the purpose of con sidering and developing proposals aimed at improving and enlarging the career opportunities of minorities and women in the Commonwealth’s service. The Commit tee shall consist of eight members, four members ap pointed by the union and four by the Commonwealth. The Committee shall develop recommendations and submit them to appropriate Commonwealth officials for consideration. Its proposals shall be consistent with the following objectives: To establish career ladders leading to higher level positions for minorities, women, and other em ployees covered by this agreement. quite detailed—some even indicated the size, type, and number of bulletin boards that would be permitted. A listing of what could be posted, including notices of union elections, meetings, social affairs, appointments, and committee reports, was often specified in the provi sion. In several instances, the provisions prohibited the posting of material that was considered by the employer to be either political, libelous, inflammatory, or denun ciatory in nature. The employer could be permitted to post notices pertaining to transfer, job, and promotional opportunities: To identify and correct existing employment ine quities. To develop training programs aimed at preparing em ployees for advancement to higher level positions. Such programs may include in-service training, utilizing the internal resources of the Common wealth, or out-service training that makes use of educational and other community resources. The Commonwealth shall, when compiling such in formation, inform the Joint Affirmative Action Career Development Committee of management’s projections of manpower requirements based on contemplated in creases in existing services, new programs, and normal attrition of the work force. (45) The employer shall provide bulletins boards at loca tions mutually agreed upon for use by the union to enable employees of the bargaining unit to see notices posted thereon when reporting to or leaving their work stations, or during their rest periods. All notices shall be posted by an officer of the local and shall relate to the matters listed below: Union recreational and social affairs; Union meetings; Union appointments; Union elections; Results of union elections; Reports of standing committees of the union; Rulings or policies of the international union or other labor organizations with which the union is af filiated; Any other material authorized by the employer and officer of the union. Clipboards will be attached to the bulletin boards for the posting by management of notices relating to: Transfer opportunities available under the provision of Article XI. Promotional opportunities at UWM. Other job opportunities at UWM. The minimum size of a bulletin board shall be three feet by four feet, unless both parties agree it should be smaller. If any bulletin boards now being used by the union are larger than the minimum size noted above, they shall be retained at their present size. (46) In any building where there are three or more perma nently assigned employees represented by this bargain ing group, the employer shall assign a locked bulletin board which shall be used by the union for posting notices, bearing the written approval of the president of the union local, which shall be restricted to: Notices of union recreational and social affairs; Notices of union elections; Notices of union appointments and results of union elections; Notices of union meetings; Other notices of bona fide union affairs which are not political or libelous in nature. (47) The union and its authorized representatives shall be permitted to use the bulletin boards for notices of an informational nature. It is understood that it would be improper to post material of an inflammatory or denunciatory nature. Union activities Meeting facilities. Sixteen percent of the agreements, covering nearly one-third of the workers in the study, gave employee organizations the right to use govern ment facilities for meetings (table 11). However, the use of facilities placed certain obligations on the union or association. As a rule, meetings had to be during non duty hours, and the organization could be assessed costs. The number of persons attending and frequency of use could be limited; advance notice was required: (42) Association members or representatives may be permitted to use suitable facilities on the employer’s premises to conduct Association business during non work hours upon obtaining permission from the employer’s personnel officer or his designated rep resentative. Any additional cost involved in such use must be paid for by the association. (43) The County grants C.S.E.A. the right to use the Board of Supervisor’s Room on the third floor of the County Office Building for C.S.E.A. purposes. Ar rangements for the use of such space shall be scheduled with the clerk of the Board of Supervisors, and no more than forty persons shall be permitted to use the room at any one time and the room shall not be used later than 10:00 P.M. (4) C.S.E.A. is accorded the privileges of use of meeting space in county-owned or leased buildings with the following restraints: The meetings shall be limited to the C.S.E.A. execu tive committee of not to exceed 25 persons and to be held not more than once a month; the meetings shall be held one hour before or one hour after the normal work ing day or during the lunch period and shall be prear ranged with the Department Head. (44) On twenty-four hours’ notice to the appropriate au thority, the Faculty Federation shall have the right to schedule a Federation meeting during normal operating hours in the buildings of the campus. After a Federation meeting has been scheduled, no other meetings involv ing faculty members shall be scheduled at the same time. Bulletin boards. Seventy percent of the agreements provided for bulletin boards or for other means of pub licizing union business. Many of the provisions were The employee organization could be required to submit items to the employer for approval prior to posting. This approval could extend to other means of distributing 12 cepted reasons for visiting the workplace. Other stipu lations permitted the employer to designate the work areas the representative could visit or provided an es cort to accompany the representative where unlimited access could not be allowed: union literature, for example, the use of boxes adjacent to employee time clocks: (48) The County will furnish the “ union” with sufficient bulletin board space for up to four “ union” notices size 8V£” x 14” at each of the agreed locations. The union shall submit items to the assistant to the County Man ager for Labor Relations prior to posting. Authorization to post notices will not be unreasonably withheld. It is intended, for purposes of interpretation, that the bulletin boards indicated on the attached list shall be those provided primarily for employee information and internal communications and not for the primary pur pose of communicating with the general public. The time clock boxes, as long as they are used by the County, may be used for distribution of “union” litera ture as defined above. The County agrees not to destroy or discard the “ union” literature contained in the time clock boxes. A dditional m eans of publicizing the em ployee organization’s activities included the use of internal mail systems and of some of the employer’s office equipment. The union could, however, be required to pay costs. One agreement permitting the use of the employer’s mail system prohibited the inclusion of union material in mail containing salary or expense checks and also stated that the employer would not be required to distribute any material considered to be controversial: (49) (50) AAUP shall have the right to make reasonable use of the University facilities and equipment, including dup licating, computing and office equipment, and available audiovisual equipment, all in accordance with Univer sity procedures. AAUP shall pay reasonable costs for the use of facilities and equipment. The employer agrees that non-employee officers and representatives of the WSEU or of the international union shall be admitted to the premises of the employer during working hours upon 24 hour advance notice (if possible) to the appropriate employer representative. Such visitations shall be for the purpose of ascertaining whether or not this agreement is being observed by the parties and for the adjustment of grievances. The union agrees that such activities shall not interfere with the normal work duties of employees. The employer re serves the right to designate a meeting place or to pro vide a representative to accompany the union officer where operational requirements do not permit unli mited access. (52) Authorized CAPE representatives may be given ac cess to work locations during working hours to conduct grievance investigations and observe working condi tions. A CAPE representative desiring access to a work location hereunder shall state the purpose of his visit and request the Department Head’s authorization at least twenty-four hours before the intended visit unless the parties mutually agree to waive notice. CAPE shall give the Department or District Head affected a written list of all authorized representatives which list shall be kept current by the Association. Access to work locations will only be granted to rep resentatives on the current list . . . . Union steward or representative functions. The duties of the employee organization’s stewards and represen tatives were specified in four-fifths of the agreements studied. Provisions did not usually include much detail concerning the functions of stewards or representa tives, but rather referred to duties in general terms or listed activities that would be permitted. More often than not, statements on functions were included in clauses providing paid time for such activity. Participation in collective bargaining negotiations and the processing of grievances were the activities most frequently specified. Other duties included post ing notices, transmitting messages, and consulting with the employer on working conditions and enforcement of the agreement: The union shall have reasonable use of the employer’s mail distribution system to employees, pro vided that such use does not require additional mailing expenditures by the employer. The employer, how ever, shall not be required to distribute any material which the Director considers controversial; nor shall union material be included in mail containing salary or expense checks. Visiting rights. Nearly one-half of the agreements granted visiting rights to nonbargaining unit union or association representatives for the purpose of conduct ing union business. The provisions could allow visits by any officers or representatives who were not employees or, less frequently, they could limit visits to those whose names appeared on a list of authorized represen tatives. Visiting rights clauses generally stipulated that prior approval by the employer had to be obtained before the union official could enter the worksite. In some instances, however, the parties could agree to waive this notice requirement. Clauses also generally placed limitations on the purpose of these visits. Con tract administration, adjustment of grievances, and ob servation of working conditions were commonly ac (51) 13 (43) Absence from work assignments for union activities will be permitted for those actively participating in (a) collective bargaining negotiations with County rep resentatives; (b) grievance procedures to which refer ence is made hereinafter; and (c) other legitimate union activities other than those set forth in (a) and (b) herein upon request to, and the receipt of permission from, the respective department head of such employee. (53) The public employer agrees that during working hours, on the public employer’s premises, and without loss of pay, union stewards and proper designated union representatives shall be allowed to within reason: Investigate and process grievances; Post union notices within five minutes of quitting time; Attend negotiating meetings; Transmit communications authorized by the union or its officers to the public employer or his represen tatives; and Consult with the public employer, his representa tives, local union officers, or other union represen tatives concerning the enforcement of any provi sions of this agreement. (54) transact such investigations or processing shall first obtain permission from their immediate supervisor and inform him of the nature of the business. Permission to leave will be granted promptly unless such absence would cause an undue interruption of work. Except, however, denial of permission will automatically con stitute an extension of the time equal to the amount of the delay. If such permission cannot be granted promptly, the steward will be immediately informed when time will be made available. Such time will not be more than 24 hours, excluding Saturday, Sunday, and holidays, after the time of the steward’s request, unless otherwise mutually agreed to. Upon entering a work location, the steward shall inform the cognizant supervisor of the nature of his business. Permission to leave the job will be granted promptly to the employee involved unless such absence would cause an undue interruption of work. Except, however, denial of permission will automatically con stitute an extension of the time equal to the amount of the delay. If the employee cannot be made available, the steward will be immediately informed when the employee will be made available. Such time will not be more than 24 hours, excluding Saturday, Sunday, and holidays after the time of the steward’s request, unless otherwise mutually agreed to. LACE A, Local 660, SEIU, agrees that a steward shall not log compensatory time or premium pay time for time spent performing any function of a steward. The County recognizes the right of the employees to designate three representatives of the C.S.E.A. to rep resent them in matters arising under this agreement, such as salaries, wages, working conditions, disputes, and grievances. Any one of such representatives may make a reasonable number of visits to employees during working hours for the purpose of discussing such mat ters, and any one of said representatives may also ap pear before a department head, or the appropriate committee of the County Legislature, or the County Legislature itself, or the Arbitration Board when occa sion may reasonably require such an appearance. Paid time o ff fo r union business. Provisions granting employees who were union representatives time off with pay to conduct union business were fairly com mon, appearing in 75 percent of the agreements studied (table 12). The largest number provided time without loss of pay or benefits for union representatives, gener ally stewards, to investigate, prepare, and process em ployee grievances. Provisions for paid time for negotia tions and for union conventions or training were each included in one-third of the agreements providing paid time off. It is not surprising that time off for handling employee grievances was mentioned most frequently, since this is the principal function of the union steward and is of fundamental importance in the day-to-day administra tion of the contract. Virtually all of the paid time provi sions placed limits on the circumstances under which the time could be used or upon the amount of paid time that would be permitted. Advance permission by the stew ard’s immediate supervisor, the supervisor of the work location the steward wished to visit, or both, was required under most grievance procedures. Handling grievances was usually not to be allowed to interfere with a stew ard’s regularly assigned work and the log ging of any compensatory or overtime pay as a result of union activity was prohibited: (55) (56) (31) In one unusual provision, paid time for participation in the grievance procedure was specifically forbidden: (7) All employees attending conferences, meetings, and/or hearings involving this grievance procedure will do so on their own time. In addition to paid time off for processing grievances, stewards or representatives could be allowed time off to attend contract negotiations, union conventions, or training sessions. The clauses usually stated that negotiations would be held during regular hours. There were some exceptions to this rule, however, where provisions indicated that negotiations would be held outside of regular duty hours if possible. Representa tives could be given reasonable paid travel time if negotiations were to be conducted away from the work site, as often occurs, for example, with State or coun tywide agreements covering several activities: The steward may investigate any alleged grievance and assist in its presentation. He shall be allowed reasonable time therefore during working hours with out loss of time or pay, upon notification and with the approval of his immediate supervisor and such approval shall not be unreasonably withheld. (57) Stewards may spend a reasonable amount of time to promptly and expeditiously investigate and process formal grievance without loss of pay or benefits of any kind. Stewards, when leaving their work locations to The bargaining unit shall be represented by one stew ard and one alternate who shall be a regular employee. It will be the duty of the steward (or the alternate) to present grievances of the employees to the Sheriff without loss of time or pay. The alternate shall act in the absence of the steward. 14 The County agrees that it will permit and pay rep resentatives of the association who are regular County employees, time while on the job to resolve association grievances and time to meet with County representa tives to resolve differences and discuss or interpret the terms of this agreement. The County also agrees to permit negotiators for the association who are regular County employees time while on the job to negotiate future agreements. (58) A reasonable number of em ployees serving on UUP’s negotiating team shall be granted reasonable and necessary employee organization leave, including travel time, for the purpose of negotiating with rep resentatives of the State. (34) Employees serving as members of the Association bargaining committee shall be paid their normal base rate for all hours spent in contract negotiations carried on during their regular work day. Effort shall be made to conduct negotiations during non-working hours to the extent possible, and in no case shall such meetings be unnecessarily protracted. Employees released from duty for negotiations shall be allowed reasonable travel time between their work site and meeting locations. purposes. One provision allowed additional time with out pay, upon approval, should these limits be ex ceeded. Provisions could require that absences be coordinated, state that the needs of the agency prevail in case of any conflict, and consider time for training or conventions as time worked for purposes of assigning overtime: Selected members.of the employee organizations could also be permitted official time to attend their State or national conventions. Advance permission was nearly always mandatory and the clause could require that time away from the job be scheduled in such a way that the absent employees’jobs were adequately covered. It was also common to limit the number of employees excused at one time for conventions: (59) Persons who are officers, delegates or alternates of the Association may be granted leave with pay for the purpose of attending the State and National convention of their organization. If a person is granted permission to attend such a convention under this rule, the person shall be granted leave of absence with pay and said absence shall not be charged against available vacation leave credits. (60) Persons who are officers, delegates or alternates of the union may be granted leave with pay for the purpose of attending the State and national convention of their organizations. If a person is granted permission to at tend such a convention under this rule, the person shall be granted leave of absence with pay and said absence shall not be charged against available vacation leave credits. If two or more officers, delegates or alternates are from the same district and shift, arrangements must be made to exchange days off so that adequate coverage will be maintained. Such exchange of days off can only be made with the approval of the commanding officer of the district. The number of delegates to the convention shall be limited to the provisions in the current constitution of the parent organization involved which shall be made available to the employer. Some contracts granted paid leave for union training sessions. Again, limits were often placed on the number of employees and the number of days allowed for these 15 (61) No more than three members of the union elected to attend a function of the Council and/or international union, such as conventions or education conferences, shall be allowed time off without loss of time or pay to attend conferences and/or conventions for the local union. Such time off with pay shall be limited to seven days for each two years for each member so elected. Any additional time off will be allowed without pay upon approval of the County employer. (11) The State also agrees to grant up to five scheduled workdays of time off with pay per calendar year to each member of the Association’s Board of Trustees or other designated Association members, the total members not to exceed ten in number, to attend area, regional, or national conferences, meetings, or seminars on union or Association-related matters. Such time off shall not be charged against the employee’s accrued annual leave balance. The Department of Personnel shall be notified in writing by the Association of the names of Associa tion members who are scheduled to attend any such meetings and the dates thereof. It is agreed that members of the management unit shall coordinate their absences from work under these provisions with their supervisors and/or appointing au thorities. If a conflict arises between the needs of the employing agency and the Association for the time and services of an employee during working hours, the needs of the agency shall prevail and the employee shall remain on duty rather than attend the Association meet ing or convention. It is further agreed that such time off shall not be considered “ hours of work” for purposes of determin ing eligibility for overtime compensation. (62) Leaves of absence with pay will be granted to those employees who are elected or selected by the union to attend educational classes conducted by the union. The number will not exceed four employees at any one time for a combined total of eighteen working days per con tract year during the term of this contract. Such ab sences under this section shall be approved if not less than five working d ays’ notice is given to the em p loyee’s supervisor and provided that the employee’s absence will not unreasonably interfere with the University’s operations. Table 6. Management rights and antidiscrimination provisions in State and county collective bargaining agreements by level of government, 1972-73____________ Provision Level of government All agreements County State Agreements Workers Agreements Workers Agreements Workers Total ............... 318 340,447 106 151,257 212 189,190 Management r ig h ts .... A ntidiscrim ination pro vision ......................... Traditional a n tid is crim ination pro visio n1 ................... Union membership o n ly ....................... 226 253,765 87 123,059 139 130,706 248 290,001 94 129,887 154 160,114 231 265,327 87 125,964 144 139,363 17 24,674 7 3,923 10 20,751 1A traditional antidiscrimination provision lists the kinds of discrimination that are prohibited. Most frequently listed are race, religion, and nationality; less often, age, sex, union membership, and marital status. NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. 16 Table 7. Union security provisions in State and county collective bargaining agreements by level of government and government activity, 1972-73 Referring to type of union security Item T o ta l... All agreements Modified union shop Union shop Total Agree ments Workers Agree ments Workers Agree ments 318 340,447 93 71,715 26 106 151,257 31 31,660 9 41 61,312 171 127,878 3 984 15 18,209 5 4,146 4 3,272 1 236 9 14 36 2,475 8,494 38,832 3 3 12 390 410 5,514 4 Agency shop Agree ments Workers 5,673 10 1,920 36 27,344 2,239 6 1,359 8 4,076 Agree ments No reference to union security M ainte nance of member ship Workers Agree ments 21 36,778 225 268,732 8 23,986 75 119,597 41 61,312 109 87,823 3 984 10 14,063 3 3,036 6 11 24 2,085 8,084 33,318 10,600 4 10,600 8 7,474 8 7,474 45 42,473 16 9,457 6 951 1 244 1 87 8 8,175 29 33,016 29 18,137 9 2,240 1 450 1 50 5 770 2 970 20 15,897 1 117 1 117 3 12,200 3 12,200 2 46 252 15,065 2 22 252 4,072 4 4,516 2 2,575 1 21 850 18,728 5 572 2 151 73 137,769 13 41,851 4 2,115 Workers Workers Agree ments Workers LEVEL OF GOVERNMENT S ta te ............... Los Angeles County........ All other c o u n ties..... 62 40,055 17 3,434 4 561 28 23,268 13 12,792 GOVERNMENT ACTIVITY Agricultural s e rv ic e s ..... Central admin istra tio n ..... Central s e rv ic e s ..... Correctional in s titu tio n s . C o u rts ............ E d u ca tio n ....... Employment/ compensa tion ............ Fire pro te ctio n ........ Health/ m edical....... Law enforce m e n t........... Libraries and related s e rv ic e s ..... Public trans p ortatio n .... Public u tilitie s ....... P u b lic w o rk s ... Regulatory agencies/ lic e n s e s ..... Sanitation and related ser vices ........... Social w elfare. Ju risd ictio n w ide............ 2 270 2 — 285 2 612 2 5 1 1 2 — 252 586 80 826 2 150 1 75 — 1 17 164 1 712 1 236 1 2 8 105 330 4,076 11 1 — _ 2,557 — 3 421 331 3 18,050 3,000 _ _ 4 778 24 10,993 1 2,500 2 1,941 1 16 850 18,156 60 95,918 — — 5 21,355 Table 8. Dues checkoff provisions in State and county collective bargaining agreements by government activity, 1972-73__________ ________________ All agreements Government activity Dues checkoff Agreements Workers Agreements Workers T o t a l................................................. 318 340,447 266 286,148 Agricultural s e r v ic e s .................................... Central adm inistration ................................ Central services ........................................... Correctional institution s ............................. C o u r t s ........................................................... Education ...................................................... Employment/compensation .......................... Fire protection ............................................. Hea Ith/med i c a l ............................................. Law enforcement ......................................... Libraries and related services ................... Public transportation .................................. Public u t i li t ie s ............................................. Public works ................................................ Regulatory a g e n cie s/lice n se s...................... Sanitation and related s e rv ic e s .................. Social w e lfa r e .............................................. Jurisdictionw ide .......................................... 3 15 4 9 14 36 4 8 45 29 1 3 2 46 4 1 984 18,209 3,272 2,475 8,494 38,832 10,600 7,474 42,473 18,137 117 12,200 252 15,065 4,516 850 18,728 137,769 3 12 4 8 10 30 4 4 38 25 1 2 1 37 4 1 984 12,037 3,272 2,365 8,097 35,102 10,600 4,899 40,941 16,537 117 3,400 91 11,886 4,516 850 18,603 111,851 21 73 19 63 Table 9. Union security provisions in State and county collective bargaining agreements by dues checkoff, 1972-73 Provision Total .......................... Total with union security .... Union shop ................... M odified union shop .... Agency shop ................ Maintenance of member ship ............................ No reference to union security ............................. Agreements with dues check off provisions All agreements No reference to dues checkoff Agreements Workers Agreements Workers Agreements Workers 318 340,447 266 286,148 52 54,299 93 26 10 36 71,715 5,673 1,920 27,344 87 22 8 36 70,861 5,240 1,499 27,344 6 4 2 854 433 421 — — 21 36,778 21 36,778 — — 225 268,732 179 215,287 46 53,445 Table 10. Labor-management and related committees in State and county collective bargaining agreements by level of government, 1972-73 Provision Level of government All agreements State County Agreements Workers Agreements Workers Agreements Workers Total ........................... ............ 318 340,447 106 151,257 212 189,190 Labor-management committee ......... Safety committee ................................ Equal employment opportunity committee ...................................... 74 58 130,723 62,468 44 32 89,427 41,825 30 26 41,296 20,643 2 16,752 1 14,500 1 2,252 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. 18 Table 11. Union activity provisions in State and county collective bargaining agreements by level of government, 1972-73__________________ All Level of government dgreemenib County State Provision Agreements Workers Agreements Workers Agreements Workers Total ........................................ 318 340,447 106 151,257 212 189,190 Facilitie s for meetings ...................... P ublicity and bulletin boards ........... V isitin g rights .................................... Steward and representative fu n c tio n s ......................................... 50 223 151 111,394 271,336 190,998 29 91 68 81,227 121,172 79,591 21 132 83 30,167 150,164 111,407 256 295,174 94 130,705 162 164,469 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. Table 12. Paid time for union business in State and county collective bargaining agreements by level of government, 1972-73 All Level of government dgieemenii Provision Total ........................................ Total with paid time for union b u s in e s s ................... Grievance preparation and processing ...................................... N e g o tia tio n s ........................................ Union conventions or training s e s s io n s .......................................... Grievances and negotiations ............ Grievances, negotiations, and c o n v e n tio n s ..................................... Grievances and conventions .............. Negotiations and conventions ........... Addendum: Grievance preparation and processing ...................................... Negotiations ........................................ Union conventions or training s e s s io n s .......................................... State Agreements Workers Agreements Workers Agreements Workers 318 340,447 106 151,257 212 189,190 237 290,976 91 129,404 146 161,572 98 12 118,156 9,545 21 4 19,464 1,980 77 8 98,692 7,565 14 50 31,067 57,500 6 25 20,325 35,677 8 25 10,742 21,823 14 46 3 35,213 34,580 4,915 9 23 3 30,336 16,707 4,915 5 23 4,877 17,873 — 208 79 245,449 107,173 78 41 102,184 72,908 130 38 143,265 34,265 77 105,775 41 72,283 36 33,492 NOTE.- The first part of the table presents the various combinations of paid time for union business; the addendum shows County — the total for each type of union business, 19 Chapter 3. Personnel Actions Promotions volved, first, the posting of job vacancy announce m ents in prom inent places, and second, the sub sequent bidding for them by interested employees (table 13). If they w anted to be c o n sid ered for prom otion, in other words, em ployees had to ini tiate action on each higher grade opening that was announced. No one would be considered who did not apply. P ro v isio n s d ealt w ith sev eral a sp e c ts of this posting-bidding p ro ce d u re , including specifying whether the union was to receive notice of vacan cies, and w here postings were to be made. They might stipulate time lim its on how long postings w ould be open and on how m any days em ployees would have to apply. How to settle dis pu tes on the tim eliness of a p p licatio n s, as well as rules on to whom employees may apply, might be set forth. Finally, clauses m ight require th at postings show a job description, a listing of duties, and the pay scale: In the days before collective bargaining, deci sions to promote employees were, in many jurisdic tions, a function of civil service or merit prom o tion rules and regulations. These had been estab lished to insulate career employees from political pressure, and were considered to be guarantees that promotion opportunities would be applied equitably to all qualified civil servants. However, employees began to question the equity of these rules and regu lations, since they were controlled by management alone. State and local civil service commissions, they felt, could not truly represent the interests of em ployees except within the narrow range defined by their original intent; namely, protection against the worst aspects of the spoils system. Once em ployee organizations were form ed and began to grow , e m p lo y ees, for th e first tim e, could seek a voice in how prom otion procedures were written and administered. At the very least, existing procedures could be incorporated into the agreem ent where they might then become subject to the grievance procedure and perhaps even to modification through collective bargaining. Approximately 64 percent of the contracts studied contained references to promotion opportunities and procedures, some brief and others detailed (table 13). The more extensive provisions dealt with such questions as how em ployees were to be selected for co n sid eratio n w hen prom otion opp o rtu n ities opened and, when considered, what factors would be applied in making the selection of the individ ual to be promoted. In determining which employees would be con sidered for prom otion, two approaches could be used. Under automatic consideration, any employee who met minimum qualifications for the job would be examined, with no positive action necessary by the em ployee to initiate the process. In a varia tion of this approach, employees might be required to make a general showing of interest to the person nel departm ent, after which they would be auto m atically considered for any job for which they might qualify. Over three-fourths of the agreements referring to prom otions took another approach, one which in 20 (63) The employer agrees to post vacancies at appro priate work locations that are to be filled 15 days prior to the filling of such vacancies unless an emergency requires a lesser period of time. (64) When a new position is created or a vacancy occurs in any existing position listed under Adden dum “ A ” , the employer shall forthwith prepare and furnish the union secretary and post in places to be agreed upon by the employer and the union a bulletin stating among other things: Location and title of position to be filled; a list ing of the principal duties of the position; minimum qualifications; assigned hours of service; assigned days of rest; salary range of the position; whether the position is permanent or temporary; if temporary, how long it is probable the position will continue; the starting date of the assignment; last date when applications will be received and accepted; and with whom the applications shall be filed. Standard classification and title forms for job postings will be developed. Changes in the forms will be by. mutual agreement between the employer and the union. The employer shall designate no less than five working days in which positions will be posted for bid and advertised, weekends excluded . . . . When ever a position is vacated in positions other than listed under Addendum “ A ” , a notice of vacancy will be placed in conspicuous areas such as bulle tin boards to advise present em ployees of the and make transfers on a temporary basis pending the selection of an employee (including completion of the qualification period) for a job under these pro visions. vacancy and qualified employees of the opportunity to make application. (65) (66) Whenever there is a position or job opening or contemplated opening within the bargaining unit, either as a result of a term ination, promotion, transfer, or creation of a new position and the em ployer intends to fill such position . . . notice of such opening shall be mailed by the employer to each of the certified union stewards and such department heads as the employer desires. The union stewards shall post such notices on bulletin boards which shall be located in each work area of the County. Job opening notices shall indicate the job title, the salary range, the minimum qualifications required of applicants, the department in which the opening exists, the geographic location of the job, and the final date of acceptance of applicants. Such notices shall be mailed not less than ten days before final date of acceptance of applicants. Application blanks shall be made available to each employee by the employer at or near his place of employment or near the job posting bulletin boards. Should a question arise concerning the application deadline date for filing a mailed application, the stamp cancellation time shall be used as a determination of the time of filing. Should the employer decide that a vacant position is not to be filled, notice of that fact and other relevant information shall be mailed to each certified steward. A job vacancy shall be defined as a position not previously existing in the job classification plan attached to and made a part of this agreement or a vacancy in a position in the said job classi fication plan due to termination of employment, promotion or transfer, death or disability of existing personnel, and in the judgment of the County the need to fill such job vacancy continues to exist. The job requirements and salary range shall be a part of the posting. Employees desiring to apply for such vacancy position may either sign the posting on the space provided thereon for that purpose, or may contact within the posting period the Depart ment Head in whose Department the vacancy exists. For the purposes of this article, the posting period shall be deemed to be the time the posting is on display on the bulletin board in the Courthouse lobby but not less than five working days. The president of the Association shall receive a copy of the posting at the time it is posted. (68) . . . When a position is not filled after the first posting, or the employer does not hire a new em ployee to fill the position, and it remains vacant for a period of six months thereafter, it shall be reposted one more time so interested employees will have another opportunity to apply if they so desire. (69) When a vacancy occurs in a manager position in a liquor store, preference will be given on a seniority basis to managers in the same county in the same class as the vacancy. Seniority for the purpose of this provi sion shall be the length of continuous service at the applicable manager class or above. Where seniority was combined with skill and ability and other factors, it stood almost an equal chance of being either the primary or the secondary basis for selection (table 14). Although the employee select ed had to be qualified, he or she did not necessarily have to be the one with the highest qualifications. In most instances, the qualifications were determined by the employer, but the union could “ grieve” the selection: . . . At the end of the fifth day a notice will be posted showing the name of the applicant select ed for the job, or indicate that no one was selected. If no application is received, or none of the applicants is qualified for the job, the hospital may fill the job by hiring a new em ployee or trans ferring a qualified probationary em ployee or a qualified junior employee. In order to provide con tinuity of service while filling a vacancy or a new job, the hospital shall have the right to fill openings Permanent vacancies in positions in the Labor and Non-Competitive classes within the unit shall be posted on the division bulletin boards for a period of not less than five business days . . . . If no bids are received or there are insufficient bids to fill all vacancies,the appointing authority may then fill any such vacancy with any qualified person. Ninety-two percent of the agreements with promo tion procedures designated the basis upon which pro motions would be made (table 13). While a number of factors governed this final selection, the two most commonly found—with equal frequency—were length of service and the em p lo y ee’s skill and ability. These were most often found in combination. Rarely, only one was designated, as, for example, where a vacancy for a liquor store manager was to be filled solely on the basis of seniority: If the vacancy was not filled following posting, several different actions could be taken. The vacancy could be perm anently filled by hiring or by trans ferring in a qualified employee from outside the bar gaining unit; temporarily filled; or reposted: (67) (55) (70) . . . The vacancy shall be awarded to the senior em ployee so bidding who has the qualifications and other attributes to satisfactorily perform all the work required in the classification with a minimum of training . . . . (71) . . . Senior employees shall have preferences of em ployment and promotional opportunities for non competitive jobs and to choose their work shifts and to work at the job for which the pay is the highest, provid ing such employees are qualified for such work, the qualifications to be determined by the employer. The union reserves the right to exercise the grievance pro cedure set forth herein in connection with the employer’s choice of employees. As a secondary factor, seniority would operate only where the skill and ability of candidates for pro motion were relatively equal. Conversely, if there was 21 a wide disparity in skill, then the m ost qualified would be chosen without reference to seniority: Temporary transfers (72) When two or more qualified applicants are, in the opinion of the employer, considered approximately equal, seniority within the collective bargaining unit will determine which applicant shall be appointed. This clause may be waived by mutual agreement. (73) . . . The vacancy shall be filled on the basis of qualifications and ability. Where qualifications and ability are relatively equal, seniority shall be the determining factor. The Clerk or Justice shall be the sole judge of qualifications and ability, provided that such judgment shall not be exercised arbitrarily, capriciously, or unreasonably. Any dispute hereunder shall be subject to the grievance and arbitration procedure. Through tem porary assignment of employees to other bargaining unit jobs, State and local officials can cover short-term needs, such as the absence of regular employees or the unexpected occurrence of abnormal workloads. Incidental to this flexibility, where the transfer involves moving employees to a higher rated job, management is providing employees with valuable experience that may later qualify them for promotion. At the same time, management has the benefit of a pool of trained personnel that can readily move up when permanent vacancies occur. But problem s can arise that move the issue of tem porary promotional transfers into the scope of collective bargaining. In the present study, more than two-fifths of the agreements referred either to pay for or time limits on temporary promotions: In determ ining skill and ab ility, a num ber of factors might be applied, including a review of the applicant’s performance reports. Behavior on the job might be checked and, w here it was particularly pertinent to the work, the applicant’s physical con dition: (1) (75) (76) 318 340,447 Referring to temporary prom otions...................................... Pay while on promotional assignment ......................... Time limits on promotional assignm ents........................ Both ........................................ No reference to temporary prom otions............................... The following factors are considered in promotion to Trooper I and Trooper II: (1) Total length of service in the State Police . . . . (2) Performance rating. (3) Record of conduct. (4) Medical condition. (5) Ability to perform in the next higher rank or grade. 139 150,579 83 79,993 25 31 40,830 29,756 179 189,868 These clauses could also deal with assignments to low er rated jobs and describe how an em ployee w as to be selected for higher or low er rated tem porary duty. Seniority, for example, might be required or specifically waived, or the employee might be chosen on the basis of skills. Usually the employee who was moved to a higher rated job received increased pay, either the rate of the new job or a percentage increase above pay on the old job: The employer shall post on the applicable em ploying unit bulletin boards notices of all promotional examinations for bargaining unit positions within the employing unit involved and shall furnish the appro priate local union with eight copies of such notices. The parties agree the above notices are for informa tional purposes only. (18) The facility may make temporary promotions or demotions: a. b. All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit System. The employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. If the temporary promotion or demotion is to a more desirable position, the highest senior em ployee from among those qualified shall be given the position. If the temporary promotion or demotion is to a less desirable position, the least senior employee qualified shall be given the position. An employee given a temporary promotion or demo tion shall be paid either at the rate of the position which he held or at the first step of the rate of the position to which he has been given a promotion or demotion, whichever is higher. . . . Promotional tests shall consist of a written and oral examination, the scores from which will be averaged with an additional point for each full year of service to be added to this average to compute the final grade. Workers All agreements studied .... Another measure of skill and ability was the written or oral test. Thirty percent of the promotion pro cedures specifically required candidates to pass exam inations, as a rule, civil service tests especially designed for the job (table 13). Commonly, where tests were required, length of service played no role. Yet it might in some instances, as in the third illustration, where examination points were awarded for years of service: (74) Agreements (77) 22 In cases of prolonged absence from duty, or other emergencies, a department head, with the consent of the County Administrator, may, in writing, tem porarily promote an employee when such employee is regularly required to perform the duties of a job with a higher classification, for a period in excess of ten days. In such cases,tfye employee shall be paid an additional 5% of his present salary or the first step of the salary range fixed for the job for which he has received a temporary promotion, whichever is higher. A temporary promotion shall not endure for a period greater than thirty consecutive days. not rem ove from any such temporary job such employee for the purpose of avoiding job posting. (39) Provisions could also define what was meant by “ tem porary” in terms of number of days and what the consequences would be for retaining an employee beyond the limit. Usually, when the limit was reached, the job had to be posted as a perm anent vacancy or the employee had to return to the form er job. The agency, however, might be prevented from re moving the employee if it would do so in order to avoid making it a permanent assignment. The em p lo y ee’s occupancy of the jo b might not always carry with it the right to retain the job permanently. To have such a right might deny a more senior or more qualified em ployee the right to bid on the job: (78) (79) Probationary period Employees who are newly hired must serve a trial or probationary period during which time they must prove themselves capable of performing the duties of the position for which they were selected. Nearly 55 percent of the agreements in the study contained clauses referring to probationary periods: It is the intent of management whenever possible to avoid working an employee on an out-of-class assignment for a prolonged period of time. Any employee working on an out-of-class assignment for more than 30 consecutive working days may request appointment to the higher class. Upon review and con firmation of the out-of-class assignment and subject to applicable Civil Service rules, management will either initiate action to appoint the employee to the position of the higher class or reassign him to a position corresponding to his current Civil Service class. For the purpose of this article, an out-of-class assignment is the full-time performance of all the significant duties of an authorized, funded position in one class by an employee on a position in another class. Agreements Workers All agreements studied .... 318 340,447 Referring to probationary period.. No reference to probationary period ......................................... 174 154,346 144 186,101 As a rule, probationary employees were subject to discipline and discharge during the trial period without any of the protections of the collective bargaining agreement. Promoted employees might also have to serve a probationary period but as regular employees they were not subject to discharge. However, they might be dem oted to a jo b for which they were qualified if they did not do well on the jo b to which they had been prom oted. Newly hired em ployees acquired seniority at the end of the pro bationary period, often retroactive to the first day of hire. Employees in any classification are expected to perform any duties to which they may be assigned. When an em ployee o f a higher classification is transferred temporarily to a lower classification he shall receive the higher rate of pay, and when an em ployee of a lower classification is transferred temporarily to a higher classification for longer than five working days in a thirty calendar day period, he shall receive the higher rate of pay commencing with the sixth day while working in that classifi cation and for all hours thereafter . . . . The employer reserves the right to make such transfers as may be necessary to fill a temporary vacancy caused by absence from the job or from an employee’s trying out a vacant job . . . A tem porary vacancy is defined to mean a job to which an employee is transferred for 30 consecutive calendar days or less. After 30 days the job will be posted as a permanent job opening . . . The employer will The Board shall have the right to temporarily transfer employees within the bargaining unit, irre spective of their seniority status, from one job classi fication to another to cover for employees who are absent from work due to illness, accident, vacations or leaves of absence for the period of such ab sen ces. The Board shall also have the right to temporarily transfer employees within the bargaining unit irrespective of their seniority status,, to fill jobs or temporary vacancies and to take care of unusual conditions or situations which may arise for a period of not to exceed ninety regular scheduled working days. It is understood and agreed that any Employee within the unit temporarily transferred in accordance with the provisions of this section shall not acquire any permanent title or right to the job to which he is temporarily transferred, but shall retain his seniority in the permanent classification from which he was transferred . . . . (33) 23 All new employees shall serve a probationary period of 1,040 hours of work. Any employee whose em ployment is continued after such probationary period shall be considered to have satisfactorily completed his probationary period and shall be advanced to the next step in his classification and no other notice shall be necessary. If a new full-time employee’s probationary period exceeds six months and if such employee satisfactorily completes such probationary period, advancement to the next step in his classifi cation shall be made after six months of employ ment, on a retroactive basis. Only new employees may be terminated during their probationary period without recourse to the grievance procedure contained herein. In the case of the promotion of any employee in the county service to a position in a class with a higher maximum salary, such employee shall receive the rate of compensation in the entrance step of the class to which he has been promoted. In cases where the pay ranges overlap, a promotion shall be effected at the next higher step in the range of the new class above the rate being paid in the lower class. A new anniversary date shall be established for the pur pose of eligibility for future step increases as of the effective date of the promotion. Employees who are promoted to a higher classification shall be required to serve a probationary period of 1,040 hours of work in the new position. If such promoted full-time em ployee’s probationary period exceeds six months and if such employee satisfactorily completes such pro bationary period, advancement to the next step in his classification shall be made after six months of employment in the new position on a retroactive basis. In the event the employee is promoted on his anniversary date, he shall first receive any withinrange increase to which he is entitled in the lower class, and then the promotional salary adjustment provided in the above paragraph. Any employee who is demoted to a lower classification shall remain in the same pay step in the lower classification. (61) or perhaps promulgated by the State or local legis lature: D ism issals, suspensions, dem otions and d is ciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. (71) The employer agrees that no employee shall be discharged or subject to disciplinary action without bona fide and adequate cause. Proof of such cause shall be presented to the employee and the union prior to any disciplinary or discharge action except in emergencies. All such disciplinary and discharge action shall be subject to the terms of the grievance procedure of this agreement and also in accordance with provisions of the Civil Service Law of the State of New York. C lauses often stipulated that the union would be notified if the disciplinary process was to be invoked, and also stated that the employee had the right to be represented during the proceedings: (48) N ew employees hired in the unit shall be con sidered as probationary employees for the first ninety consecutive calendar days of their employment. When an em ployee com pletes the probationary period, he shall be entered on the seniority lists of the unit and shall rank for seniority from the day ninety calendar days prior to the day he com pleted the probationary period. There shall be no seniority among probationary employees. The union shall represent probationary employees for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment as set forth in Article II, Section I of this agreement, except discharged and disciplined employees for other than union activi ty . . . . . . . The County agrees to promptly furnish the union a copy of any disciplinary action notification against an employee in the bargaining unit, if the County has constructive knowledge that the employee is a member of the union . . . . The employee shall have the right to represen tation on any matter including discussions on dis ciplinary action. Because discipline is a vital issue to employees, various aspects are likely to be spelled out in pro visions, including causes for disciplinary action, disci plinary measures, such as oral or written reprimand, hearings, and penalties, and, finally, reinstatement and back pay, if discip lin ary action is successfully challenged: (81) Disciplinary procedures Almost one-half of the agreements in this study referred to disciplinary procedures for State and local governm ent em ployees (table 15). As with other types of personnel actions, both parties have a stake in this issue. Management wants to insure compliance with its rules at the workplace, while the union wants to protect its members from arbitrary treatment by the employer. In most contracts, the disciplinary procedures had been arrived at through negotiations; only a few referred to government rules and regulations instituted before collective bargaining or to combinations of the two. As with probationary and other personnel pro cedures, governm ent disciplinary regulations are usually those administered by an independent agency (80) 24 Section 1: Exercise of rights (a) Disciplinary action or measures shall include only the following: Oral reprimand; Written reprimand; Suspension or Discharge. (b) Each of the following constitutes possible cause for disciplinary action: Fraud in securing employment; Incompetence; Insubordination; Dishonesty; Drunkenness on duty; Unlawful use of drugs or narcotics on duty; Absence without official permission; Conviction of a felony or misdemeanor in volving moral turpitude; Immorality on the job; Flagrant misuse of employer’s property. (c) The disciplined employee upon request will be allowed to discuss his discharge or discipline with his steward or other authorized represen ployee verbally and the employee’s steward shall be present. If the condition continues to exist, the employee shall then be given a letter of warning of the viola tion and the chairman of the grievance committee shall receive a copy of same. If the condition continues to exist, the employee shall be given three days off. This too shall be in writing and the chairman of the grievance committee shall receive a copy of same. If the condition continues to exist, then the em ployee shall be given six days off. This too shall be in writing to the employee and the chairman of the grievance committee shall receive a copy of same. If the employee continues the violation, he shall be dismissed. In case of disciplinary suspension or discharge of an employee, the employee shall be granted, if he so requests, an interview with his steward before he is required to leave his or her department. If any dis charge, suspension or other disciplinary action is not upheld during the grievance and arbitration pro cedures the employee involved shall be reinstated to his former job as of the date of such disciplinary action and paid for all time lost less the following: Any unemployment compensation received by the employee which he is not obligated to repay as a result of his claim against the County being allowed. Back pay will also be reduced by any and all earnings received on a disciplinary suspension. tative of the union, and the employer will make available an area where he may do so before he is required to leave the premises. (d) If the employer has reason to reprimand an em ployee, it shall be done in a manner that will not embarrass the em ployee before other em ployees or the public; however,the employee shall have a right to be represented by the union steward upon request. Section 2: Disputes as to discipline and discharge (a) When any action or measure is imposed upon or is pending against an employee, then the em ployer shall notify the employee, the union president, and the union steward in writing of the specific reasons for such disciplinary action being imposed and the proposed penalty. The written notification shall contain a detailed description of the charges, which shall include dates, times, and places. The written notifica tion shall indicate that one copy has been sent to the appropriate union steward, and one copy to the union president. Notification to the union shall be done within twenty-four hours of notice given to the employee. Any matter involving discipline and/or discharge of any employee covered by this agreement, shall be accom plished in the manner as set forth in Section 75 and 76 of the Civil Service Law. However, it is agreed that the department head will not be the hearing officer. (b) Any matter concerning discipline and/or dis charge on any matter other than those listed in Section 1 (b) shall be subject to the grievance procedure as set forth in this agreement, through the arbitration procedure with the cost to be borne equally by the employer and the union. Section 3: Private hearings Upon application by the union, an arbitrator in a discipline case shall have the authority to direct that the arbitration shall be held in private. Section 4: Reinstatement Any employee found to be unjustly suspended or discharged, or whose penalty is reduced, shall be reinstated and compensated for all lost time and restoration of all other rights and conditions of employment in accordance with the determina tion made by the arbitrator. (82) In a few instances, disputes over discipline could be expedited by bypassing the early steps of the griev ance procedure: (83) Demotions Without limitation upon any right of discharge or discipline expressly provided for elsewhere in this agreement, the County shall have the right to dis charge, suspend or otherwise discipline any em ployee only for just cause. The County will notify the union in writing within forty-eight hours of the discharge, suspension, or written warnings to any employee covered by this agreement. All notices dealing with discipline shall state the type and amount of discipline imposed and all the reasons for the disciplinary action taken. An employee may be disciplined for inefficiency, dishonesty, drunkenness, immoral conduct, abuse of absenteeism, insubordination and established rules of the Summit County Commissioners that have been approved by both parties. The supervisor, if he finds the employee in viola tion of the aforementioned, shall first warn the em The parties recognize the authority of the employer to suspend, demote, discharge or take other appro priate disciplinary action against employee for just cause. An employee who alleges that such action was not based on just cause, may appeal a demo tion, suspension, discharge, or written reprimand taken by the employer beginning with the third step of the grievance procedure except that written reprimands shall begin with the first step of the grievance procedure. Clauses referring to demotion procedures were in cluded in one-sixth of the agreem ents (table 16). Demotions usually were included in agreements as one possible disciplinary penalty. However, reasons for dem otion might include such nondisciplinary matters as unsatisfactory performance and physical disability, which were mentioned with less frequency than discipline. Provisions generally required advance notice of the action, often in writing, and provided the affected employee with the right to appeal the demotion through the contract grievance machinery or through other legal remedy : (84) 25 Any employee covered by this agreement who is to be disciplined by reassignment, transfer, suspen sion, termination or lowering in ranks or compen b. To positions occupied by educational officers in their initial probationary period who are in the same class and at the same salary range. c. To positions occupied by educational officers in their promotional probationary period who are in the same class and at the same salary range. d. To positions occupied by regular educational officers with least retention points who are in the same class and at the same salary range. e. To positions occupied by temporary educa tional officers who are in another class and at the same salary range. f. To positions occupied by educational officers in their initial probationary period who are in another class and at the same salary range. g. To positions ocupied by educational officers in their promotional probationary period who are in another class and at the same salary range. h. To positions occupied by regular educational officers with least retention points who are in another class and at the same salary range. i. To positions occupied by temporary educa tional officers who are in another class and at a lower salary range. j. To positions occupied by educational officers in their initial probationary period who are in another class and at a lower salary range. k. To positions occupied by educational officers in their promotional probationary period who are in another class and at lower salary range. l. To positions occupied by regular educational officers with least retention points who are in another class and at a lower salary range. . . . sation shall be given three days notice in advance wherever possible by a written statement of the specific reason or reasons and any other material pertaining thereto for such actions. (A copy shall be provided to the union office also). Said employee may pursue any available remedy as provided by law, order or regulation as a result of said action, and, if no adequate remedy is avail able to said em ployee, he may file a grievance as provided in this agreement. (85) When a regular employee is reduced to a position in a lower class for reasons of unsatisfactory per formance or physical disability, the department shall make an order, in writing, stating specifically the cause of the reduction. Such order of reduction shall be served personally on the employee or sent by registered or certified mail to the employee at his last known mailing address. The grievance procedure shall be used if a regular employee wishes to appeal the decision of his de partment to reduce him to a position in a lower class for reasons of unsatisfactory performance or physical disability. Twenty-eight of the 318 agreements in the study contained a demotion procedure to be used during periods of em ploym ent cutbacks. These clauses granted em ployees the opportunity to voluntarily choose a job in a low er classification in lieu of layoff. An employee could move to a vacant, lower rated position, or, m ore com m only, m ore senior employees could “ bum p” those with less seniority. As a means of minimizing layoffs for regular workers, some agreements provided for first terminating tem porary and probationary workers: (86) (35) In the event it becomes necessary to lay off em ployees for any reason, employees shall be laid off by class in inverse order of length of service within the class. When an employee is laid off, he may either transfer to any vacant position in the same or a lower paying classification within the class series, or he may “ bump” the employee in a lower paying job classification within the same class series who has the least length of service within the class series . . . . When the Board determines that layoffs are re quired because of lack of funds or other legitimate reasons, the following procedures shall be applied: 1. In the event that educational officers must be laid off, retention points based on months of service as an educational officer for the Board shall be used to determine displacements. Retention points shall be computed on the basis of one point for each full Reduction in force month of service. A fraction of a month of service shall be used to break “ ties.” Service rendered up to the day prior to the day on which layoff is to take Fifty-six percent of the agreements studied included place will be included in the computation. The follow a provision governing the layoff of employees (see ing periods of leaves without pay are creditable for table 17). This proportion is low compared to private computing retention points: industry, but understandably so since reduction in a. Educational-professional improvement. b. Employment at the State Legislature. force in State and local government is often governed c. Loan to other government agencies. by civil service regulations. Nevertheless, layoffs have d. Industrial injury. become a growing area of concern to employees, once e. United States military service. considered to be in secure jobs for life, as fiscal f. Child care. problems of local governm ents have caused some g. Union. h. Illness. severe cutbacks in services and employment. 2. Educational officers shall have rights to positions Layoff provisions covered a wide variety of related held by other bargaining units educational officers in actions including attempts to avoid or minimize lay the following order: offs, the actual layoff procedure, and the order of a. To positions occupied by temporary educa recall. Not all clauses covered all aspects, but some tional officers who are in the same class and at the same salary range. did, in varying detail. Before the actual layoff of 26 (3) When all displacement possibilities are ex hausted within the department, the employee shall have the right to displace in other departments. Permanent non-competitive and labor class em ployees shall have the right to displace non competitive and labor class employees with lesser seniority in lower jobs previously held on a per manent basis in the department. When all displace ment possibilities are exhausted within the depart ment, the employee shall have the right to displace in other departments . . . . regular employees occurred, management might choose to reduce hours of all employees, or, as noted above, might decide first to lay off nonregular employees or to transfer employees to vacancies not affected by the reduction. Provisions might require advance notice to the union and employee ana might outline the union’s role in the procedure. The unit of layoff and the order of layoff might be set forth, applying either straight seniority or seniority in combination with skill and ability. Bumping rules could be stipulated and those union officials eligible for superseniority listed. Clauses could also cover the retention of seniority during layoff and the order of recall, which is not necessarily the same as the order of layoff. The following illus trations treat these layoff-related activities briefly or extensively: (87) In layoffs, the last employee hired shall be the first to be laid off, and in re-hiring, the last employee laid off shall be the first employee to be re-hired. On re-hiring, the factors of skill, ability, and efficiency are to be considered and a joint committee of the employer and the union shall act as the judge on any exception to the seniority provision of layoff and re hire. Employees who are laid off will retain their seniority for a period of one (1) year. (88) If it becomes necessary for a layoff, the following procedure will be mandatory: Probationary, seasonal and temporary employees will be laid off first. Seniority employees will be laid off according to seniority . . . Seniority shall prevail as long as the employee can perform the work available. For the purposes of layoff and recall, the local officers (President, Vice President, Secretary-Trea surer, Chief Steward and Stewards) shall head the seniority list in order of the officers as stated above, and shall not be laid off as long as work is to be performed. Employees to be laid off for an indefinite period of time will have at least seven calendar days’ notice of layoff. The local union secretary shall receive a list from the employer of the employees being laid off on the same date notices are issued to the employees. Recall shall be in inverse order of layoff. (89) . . . For layoff purposes, an employee’s seniority shall determine the order to be followed. In a depart ment, the employee with the least seniority shall be the first to be laid off until the total number of em ployees required to decrease forces shall be reached. When all displacement possibilities are exhausted within the department, the employee shall have the right to displace in other departments. Permanent competitive class employees shall have right to displace: (1) Employees with lesser seniority in lower jobs in the direct line of promotion in the department, or if this is not possible, (2) Employees with lesser seniority in lower jobs previously held on a permanent basis in the depart ment. (90) 27 Section 1. Application of layoff. The union recognizes the right of management to lay off or to reduce the hours of employment. In accordance with the procedures set forth in this article, such procedures shall not apply to: A. Temporary layoff of less than 20 consecutive calendar days and/or B. Seasonal layoff of seasonal employees and/or C. School year em ployees at institutions and schools, during recesses in the academic year and/or summer. Section 2. General layoff procedures. When a layoff occurs, the following general rules shall apply: A. Layoff shall be by employing unit within the bargaining unit. B. Layoff shall be by class and subtitle as set forth in job specifications. C. Employees within the layoff unit within the same class and subtitle shall be laid off by seniority . . . with the least senior laid off first except that 10 percent of the employees within an employing unit within the same class and sub title may be exempt from the procedure by man agement. Such 10 percent shall be not less than three persons. D. Limited term employees in the same class and subtitle within the layoff unit (other than stu dent employees), who are not in federally funded positions shall be laid off prior to laying off bargaining unit employees. Section 3. Notice of layoff A. Impending Layoff. In the event management be comes aware of an impending reduction in work force, they will notify the union as soon as practicable, but not less than 30 calendar days. B. Actual Layoff. In the event of an actual lay off, management will notify the affected em ployee^) in writing not less than two weeks in advance of the layoff date and will send a copy of such notice to the union. Where notices are sent by first class mail, the time shall begin to run on the date of mailing of the notice. Section 4. Reduction in hours. In the event that management determines to reduce work hours, it may, at its option, reduce the weekly scheduled hours of all employees by class and sub title within an employing unit to not less than 32 hours per week and such reduction shall not be con sidered a layoff. If management determines, at its option, to reduce the weekly hours of a part of the employees within the same class and subtitle within an employing unit, the layoff procedure will be followed in determining which employees shall work the reduced hours. Section 5. Transfers and bumping. Within five calendar days of notification of layoff, the employee shall elect to either transfer or bump in accordance with this section, as follows: A. Transfers. 1. Within the department-The employee shall be afforded the opportunity to transfer later ally to vacant positions in the same class and subtitle in any employing unit within the department . . . . 2. Between departments—The employee who is to be laid off may file a request for trans fer to any department in state service. Upon approval of that department, such employee may be appointed to any vacancy in the same class and subtitle or any similar class for which he might meet the necessary qualifica tions in the same or lower salary range as the position from which he was laid off. B. Bumping. Within any employing unit within the bargaining unit, any employee and any supervisor promoted out of the bargaining unit and serving the probation ary period for the promotion from the bargaining unit, may elect to bump downward to a position for which they are capable of performing in a lower class and subtitle in the same series or to a position in a class and subtitle within the employing unit in which they had previously obtained permanent status in the classified service. C. Order of bumping. When an employee elects to bump, the bumping will be by seniority . . . . An employee bumping into a lower class shall be given a position in the lower class and subtitle and the employee with the least seniority occupying a position in the lower class and subtitle will be laid off and shall have the right to exercise transfer and bumping rights as set forth in this section, except that 10 percent of the employees within an employ ing unit within this lower class and subtitle may be exempt from the procedure by management. Such 10 percent shall be not less than three persons. D. Refusal to accept a position. If a layoff occurs and an employee has been afforded all of the opportunities of A, B, and C and the employee refuses to accept such position within the time set forth above, he shall forfeit all rights to bump. E. Salary. Upon bumping, an employee shall retain his cur rent rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class and subtitle to which the employee bumps, his pay shall be reduced to that rate of pay. Section 6. Recall. When a vacancy occurs in an employing unit from which an employee was laid off, or is demoted in lieu of layoff, the employee shall be recalled ac cording to the inverse order of layoff . . . unless the employee exercises his right to transfer. A laid off employee who fails to respond within 10 work days to the offer of re-employment or upon acceptance fails to be available for work within five work days, shall forfeit any further recall rights. If due to extenuating circumstances an employee is unable to report for duty within five work days or make other arrangements with the employer, the employee shall not forfeit the right to recall when other vacancies occur. Section 7. Reinstatement. A. Within the department - The employee who is laid off may file a request within the department for which he worked to fill a vacancy in an employing unit other than that from which he was laid off. Such employee will be appointed to any vacancy within any employing unit in the department in the same class and subtitle providing he is capable of per forming the duties and providing no other employee has recall rights to such vacancy. In the event the employee is not selected to fill the vacancy, the em ployer shall notify the employee in writing of the reason(s) if the employee so requests. Such notices are for informational purposes only. B . Other departments - The employee who is laid off may file a request for em ploym ent with any department in state service. Upon approval of that department, such employee may be appointed to any vacancy in the same class and subtitle or any similar class for which he might meet the necessary qualifications in the same or lower salary range as the position from which he was laid off. 28 Table 13. Promotion procedures in State and county collective bargaining agreements by occupational group, 1972-73 A ll ag reem ents Occupational group Agreements with reference to promotions Referring to factors in promotion With bidding system Total Examination S kill and a b ility Seniority Agree Agree Agree Agree Agree Agree Agree Workers Workers Workers Workers Workers Workers Workers ments ments ments ments ments ments ments T o ta l............................. 318 340,447 204 194,416 158 145,085 187 172,048 61 62,020 154 143,977 157 136,207 B lue-collar or m a n u a l............ Professional or te c h n ic a l....... C le r ic a l.................................... Police and f ir e ......................... Blue-collar and c le r ic a l.......... Professional, technical, and c le r ic a l................................. Blue-collar and profes sional .................................. Police, fire, and c le r ic a l........ M ultiple occupations not de fined or not listed above1... 73 67 4 31 10 30,021 68,974 2,739 31,750 5,830 56 28 4 12 6 22,321 24,079 2,739 13,450 5,300 49 19 4 5 6 17,284 19,585 2,739 8,950 5,300 53 22 4 10 5 22,084 19,508 2,739 5,649 4,476 11 8 7,582 5,752 6 1 3,681 1,300 47 18 4 5 5 20,542 17,231 2,739 2,450 4,476 51 12 4 5 5 19,407 12,699 2,739 2,077 4,476 6 21,032 3 3,317 3 3,317 3 3,317 1 226 3 3,317 3 3,317 14 5 10,051 12,911 12 3 9,692 6,855 12 2 9,692 4,055 12 3 9,692 6,855 2 1 2,974 4,000 11 2 9,218 2,855 9 2 2,095 2,855 108 157,139 80 106,663 58 74,163 75 97,728 36,505 59 81,149 66 86,542 1See footnote 1, table 4. _ 31 _ NOTE: Nonadditive. An agreement may contain more than one of the promotion provisions listed. Table 14. Seniority as a factor in promotion in State and county collective bargaining agreements by occupational group, 1972-73 Referring to seniority as a factor All agreements Sole factor Total Primary factor Occupational group Reference to seniority but no reference to Secondary fa cto r1 role of seniority Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Total .................... 318 340,447 157 136,207 9 17,101 55 25,157 64 63,074 29 30,875 Blue-collar or m an ual..... Professional or techni c a l................................. C le r ic a l............................. Police and f i r e ................ Blue-collar and c le r ic a l........................ Professional, technical, and c le r ic a l.................. Blue-collar and pro fessional ...................... Police, fire, and c le r ic a l......................... M u ltiple occupations not defined or not listed above2 .......................... 73 30,021 51 19,407 2 550 25 5,229 16 7,188 8 6,440 67 4 31 68,974 2,739 31,750 12 4 5 12,699 2,739 2,077 — — 4,250 2,575 — — 7 2 2 6,717 164 668 1,732 — 1 2 4 — 3 1,409 10 5,830 5 4,476 — — 2 660 2 2,516 1 1,300 6 21,032 3 3,317 — — 1 226 2 3,091 — — 14 10,051 9 2,095 1 151 4 481 4 1,463 — — 5 12,911 2 2,855 1 2,800 1 55 108 157,139 66 86,542 5 13,600 19 11,681 29 41,267 in clu d e s 1 agreement, covering 2,466 employees, where seniority was a primary factor in lower labor grades and a secondary factor in higher grades. — — 2See footnote 1, table 4. 29 — — 13 19,994 Table 15. Disciplinary procedures in State and county collective bargaining agreements by level of government, 1972-73 Level of government All agreements Procedure County State Agreements Workers Agreements Workers Agreements Workers T o ta l........................................... 318 349,446 106 151,257 212 189,190 Total with d iscip lin ary p ro ce d u res..... Negotiated procedure....................... Agency procedure.............................. B o t h ................................................... Other1 ................................................ No reference to d iscip linary procedures......................................... 153 128 6 14 5 177,451 153,961 2,488 11,802 9,200 66 51 3 10 2 87,571 77,200 830 8,641 900 87 77 3 4 3 89,880 76,761 1,658 3,161 8,300 165 162,996 40 63,686 125 99,310 d is c ip lin a ry procedures were regulated in 1 agreement covering 550 workers by a State personnel board, and in 4 agree- ments covering 8,650 workers by a State law. Table 16. Demotion procedures in State and county bargaining agreements by level of government, 1972-73 Level of government All agreements Procedure Agreements State Workers Agreements County Workers Agreements Workers 189,190 33,753 14,647 5,695 13,411 155,437 T o ta l.......................................... 318 340,447 106 151,257 212 Total referring to demotion procedures......................................... D iscip lin a ry ....................................... Reduction-in-force............................ B o t h ................................................... No reference to d e m o tio n ..................... 53 25 17 11 265 80,254 27,494 15,933 36,827 260,193 26 10 8 8 80 46,501 12,847 10,238 23,416 104,756 27 15 9 3 185 Table 17. Reduction-in-force provisions in State and county collective bargaining agreements by level of government and occupational group, 1972-73 Reduction-in-force provisions Item Total .................................................... All agreements Reference to reduction in force Union role in reduction in force Recall rights Agreements Workers Agreements Workers Agreements Workers Agreements Workers 318 340,447 179 157,134 45 41,789 130 108,590 106 212 151,257 189,190 68 111 76,957 80,177 14 31 12,027 29,762 45 85 59,847 48,743 73 67 4 31 10 6 14 5 30,021 68,974 2,739 31,750 5,830 21,032 10,051 12,911 54 25 3 6 7 3 11 2 19,692 38,125 2,625 1,019 4,230 3,317 7,192 2,855 18 6 1 4,475 14,014 2,500 4 1 608 55 48 12 3 6 3 3 8 15,308 21,027 2,625 1,019 3,126 3,317 2,015 108 157,139 68 78,079 15 20,137 LEVEL OF GOVERNMENT State ................................................................. C o u n ty .............................................................. OCCUPATIONAL GROUP Blue-collar or manual .................................... Professional or t e c h n ic a l................................ C le r ic a l............................................................ Police and fire ................................................ B lue-collar and clerical ................................. Professional, technical,and clerical ............ Blue-collar and professional ......................... Police, fire and clerical ................................. M u ltiple occupations, not defined or not listed above1 ................................................ d e e footnote 1, table 4. _ — — _ — — — 47 — 60,153 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. 30 Chapter 4. Hours and Overtime employer at any institution, public health region or employee health services unit without the prior agree ment of the association. Scheduled weekly hours. Three-fourths of the agreements studied specified the weekly working hours for State and county employees, almost always 40 hours (table 18). Shorter workweeks were found largely in Delaware, Pennsylvania, New York, and Massachusetts contracts, which most fre quently established 37Vi-hour schedules. L onger workweeks were concentrated among blue-collar em ployees, working especially for State and county high way departments, and among agencies operating on a continuous service basis such as hospitals and police and fire departments. A few agreements varied scheduled weekly hours by occupation or department. Others varied weekly hours in accordance with the length of daily shifts: (91) (92) (42) In a few instances, scheduled working hours varied according to the season. Among some government units, hours of work traditionally have been decreased during the summer months, but in recent years this practice has been less frequent as government em ployers have attempted to reduce costs: (21) In one agreement, involving a highway department, warm weather signaled an increase in the workweek —in this instance to allow the county’s road building program to be carried out: The workweek, based on annual salary, for all county employees will be: 32.5 hours-Election Commissioners 37.5 hours-Hospital (line personnel); County Home 40.0 hours-Hospital (staff personnel): Highway (ex cept clerical); Airport (except clerical); Sheriff 35.0 hours-A ll other departments; Highway and Airport Clerical An employee automatically accepts the standard workweek of the department as a condition of employ ment. (93) For the purpose of this agreement, employees will be classified as follows: Regular Full Time O ffice and Mental Health Departments—Employees scheduled to work 35 hours per week, 7 hours per day for 5 consecutive days, Monday through Friday. Regular Full Time M aintenance and County Employees—Employees scheduled to work 40 hours per week, 8 hours per day, 5 consecutive days. Regular Full Time Highway—Employees scheduled to work 45 hours per week—May 1 through October 31 40 hours per week—November 1 through April 30 5 consecutive days, Monday through Friday each week. The workweek shall consist of five consecutive work days in a pre-established work schedule except for emp loyees in 7-day operations . . . . The work shift shall consist of IVi or 8 work hours within a work day, and the number of hours in a shift on the date of this agreement shall not be altered by the Normal workweek. For the purpose of determining application of an employee’s regular compensation rate, the employee’s normal workweek will be (a) in the hospital, ¥1Vi hours in five workdays and (b) in the health service, 35 hours from September 1 to June 30, inclusive, in five workdays (Monday through Friday) and 30 hours from July 1 to August 31, inclusive, in five workdays (Monday through Friday). An employee will have two days off in each workweek. In establishing the workweek in agreements, State and county employers were not guaranteeing that all designated hours would actually be worked nor were they limiting work just to negotiated hours. So that employees did not miscontrue scheduled workweeK provisions in this manner, some contracts stipulated that the provision was neither a guarantee of employ ment nor a limitation on the number of hours that could be worked: (94) 31 The year shall be divided into two work seasons: (1) A construction season which shall start on the Monday nearest April 1 and end on the Friday nearest November 1, and (2) a non-construction season which shall be the balance of the year. During the construction season, the regular schedule of hours for all employees except as provided in 7.03 of this section shall be nine hours per day, Monday through Friday, 45 hours per week. During the non construction season, the regular schedule of hours for all employees, except as provided in 7.03 of this section shall be eight hours per day, Monday through Friday, 40 hours per week . . . . The normal work day shall consist of eight and onehalf hours and the normal workweek shall consist of A2V2 hours, Monday through Friday, both inclusive; however, nothing contained herein shall be construed ployees worked 4 days and others 5. Another provided for a trial of 4 days per week, but only upon mutual agreement. A third provided for a study of the elimina tion of the 4-day week, but also presented detailed rules to follow if it was not eliminated: to constitute a guarantee of eight and one-half hours of work or pay per day or 42V£ hours of work or pay per week. However, it is understood and agreed that it is not the intention of the Commission to use this section to circumvent the payment of overtime. (66) . . . The provisions of this article shall in no way be construed as a guarantee by the County of any amount of work in any period, or as a limitation on hours of work in any period. (97) Except as otherwise provided in this article, em ployees on a five-day schedule shall be paid at the rate of time and one-half for all hours worked in excess of eight in one day, exclusive of lunch period, or forty in one week and employees on a four-day schedule shall be paid at the rate of time and one-half for all hours worked in excess of ten in one day, exclusive of lunch period, or forty in one week . . . . The working hours affected by this agreement shall be the equivalent of 40 hours per week on an annualized basis. (98) . . . By mutual agreement between the parties a trial period, the length of which shall be agreed upon by the parties, of a four-day workweek may be undertaken, with hours worked per week to remain the same as indicated (earlier in this clause). (99) Management agrees to make every reasonable effort to reduce the per capita cost (at Las Colinas) and if by August 1, 1975, a substantial reduction in cost has not occurred, CEA agrees to meet with management for the purpose of establishing an orderly elimination of the ten-hour day (at Las Colinas.) Further, management agrees to provide CEA documented evidence of its efforts by August 1, 1975. If it is determined by management that the four-day week, ten-hour day will continue (at Las Colinas) then the provisions listed below shall prevail, otherwise, they shall be null and void. 1. All classes of employees represented by the CEA shall be eligible for a four-day week schedule, subject to the conditions described by this article. 2. Involvement in the four-day week schedule shall be voluntary on the part of the individual. 3. An employee who wishes to exercise his option to change his schedule to the ten-hour day or back to an eight-hour day must give two weeks written notice to the Service Director or his designated representative, who may approve or deny the application for good cause or administrative necessity. 4. Insofar as possible the four-day week shall be scheduled to consist of four consecutive work days and three consecutive days off. 5. New employees will normally be ineligible for this option during their first six months of County service. Upon completion of six months satisfac tory service, an employee may elect to partici pate. 6. Employees who participate in the four-day week will suffer or incur no loss of wages, fringe ben efits, or other employee benefits that they would be entitled to receive under the eight-hour day, five-day work schedule. 7. Sick leave and holidays are to be governed by the following administrative requirements: a. Sick leave and vacation will be charged for a 10-hour period used on scheduled work days by 10-hour day employees. Scheduled days per week Virtually all agreements specifying the number of days in the workweek provided for 5 days (table 19); they did so by one of two approaches. They either stipulated that the 5-day w orkw eek was M onday through Friday or stated that 5 days or 5 consecutive days constituted the workweek. Under the former type of clause, Saturdays and Sundays were clearly outside the normal schedule; under the latter, the normal workweek could include the weekend, a choice of con tract language especially fitted for continuous service operations or for agencies whose activities might ex tend into the weekend: (95) . . . Employees of the Courthouse shall work 40 hours per week, eight hours per day, Monday through Friday. The hours of work shall be from 8:00 a.m. to 5:00 p.m., with a one hour lunch break, without pay, and two fifteen minute breaks, with pay, approximately midway through each portion of the shift on each side of the lunch period. The time of the breaks shall be subject to the discretion of the department head. In the event the employer desires to keep the offices in the Court house open from 12:00 noon to 1:00 p.m., the em ployees shall rotate on a mutually agreeable basis in covering the above period . . . . (96) The basic workweek shall be forty hours and the normal work day will be eight hours. The normal hours of work shall consist of eight hours per day and eighty hours in the pay period, and shall be so arranged that two days off shall be consecutive except in case of emergency or by mutual agreement between nurse and the hospital. If a nurse is required to work more than eighty hours in any two week pay period, or in excess of eight hours in any work day, or more than seven con secutive days; she will be paid at the rate of time and one-half her regular rate of pay for all excess time so worked. For the purposes of computing overtime, the twenty-four hour workday will begin at 6:45 a.m. . . . (8) The regular work day shall consist of eight continu ous hours, except time off for a normal meal period. The workweek shall be forty hours, consisting of five days of eight hours each, with two consecutive days off in each seven days. No agreement provided for the 4-day week for all employees, but a few permitted the 4-day week for part of the work force. For example, one agreement pro vided for 40 hours per week on an “ annualized basis” and indicated in its overtime clause that some em 32 Overtime b. Holiday time will be credited on an eight-hour basis for all employees. Ten-hour day em ployees will receive eight hours holiday credit when holidays fall on their scheduled day off. An additional two hours of compensatory time or vacation will be used by 10-hour day em ployees when holidays fall on scheduled work days. 8. Statistics will be maintained within units so that the effectiveness of this modified service delivery system can be evaluated. 9. Individual and cottage schedules under this ag reement are not intended to restrict management from dealing with emergency situations. When management must make a change in employee or cottage schedules due to an emergency, the changes necessary to meet the emergency will be made. An “ emergency” will be defined as an unforeseen circumstance requiring the prompt implementation of proposed action. Further it is agreed that the conditions of this article will be subject to renegotiation at the request of either party during the term of this agreement if major reorganization of the (Las Colinas) program is put into effect, or if management determines there is any loss of effectiveness by 10-hour shifts. Man agement shall notify CEA of any proposed changes and provide an opportunity to confer at the earliest practicable time. Over four-fifths of the State and county agreements studied provided overtime pay for employees (table 20). Of these, slightly under three quarters specified that overtime applied to daily or weekly hours, in most cases to both; the rest referred to overtime, but gave no details, most likely because overtime was controlled by governmentwide regulations. To prevent employees from receiving double pay ments for working the same overtime hours, clauses could stipulate that there would be no “ pyramiding.” Sim ilarly, to p rev e n t m anagem ent from juggling schedules to avoid overtime payments to the detriment of employees, clauses might set forth rules limiting such practices: (102) Overtime shall be paid at the rate of time and onehalf the employee’s regular base rate of pay only for all duty hours performed in excess of eight in any con tinuous twenty-four hours period or for all duty hours in excess of forty hours in the duty week, less all time for which daily overtime has been earned. (96) The basic workweek shall be forty hours and the normal work day will be eight hours. The normal hours of work shall consist of eight hours per day and eighty hours in the pay period, and shall be so ar ranged that two days off shall be consecutive except in case of emergency or by mutual agreement between nurse and the Hospital. If a nurse is required to work more than eighty hours in any two week pay period, or in excess of eight hours in any work day, or more than seven consecutive days; she will be paid at the rate of time and one-half her regular rate of pay for all excess time so worked. For the purposes of computing over time, the twenty-four hour work day will begin at 6:45 a.m. Overtime payments shall not be duplicated for the same hours worked under the terms of this con tract and to the extent that hours are compensated for at overtime rates under one provision they shall not be counted as hours worked in determining overtime under the same or any other provision. Overtime shall be paid only when recommended by the Director of Nurses and approved by the Administrator. For the purposes of overtime of this agreement, a holiday shall be computed as time worked. (103) No member shall have his duty tour rescheduled for the purpose of avoiding the payment of overtime, unless he has been notified of such change one week in advance of the time when the rescheduled duty tour is to begin. However, in no case shall a member have his duty tour rescheduled for the purpose of avoiding the payment of overtime for an appearance in a local criminal court as defined in the New York State Crim inal Procedure Law, Par. 10.10 (3). Very few contracts varied days per week; these usu ally did so by occupation or department. In the case of the protective services and their need to operate con tinuously, employees might be assigned lengthier daily shifts than normal, and, consequently, they would be scheduled with fewer days every other week in order to average out the weekly hours worked: (100) (101) All Probation Officers shall work forty hours per week. The shift and time shall be determined by the Director of Probation. All Fire Control Operators shall work six days eight hours per day with forty-eight hours off at the end of each six day period. All Sheriff s Department personnel, except clerical, shall work forty hours per week on shifts determined by the sheriff. All employees within the Highway Department, ex cept clerical, shall work forty-four hours per week. The work day shall be from 7:00 a.m. to 12:00 noon and from 12:30 p.m. to 4:30 p.m. Monday through Thursday and from 7:00 a.m. to 12:00 noon and from 12:30 p.m. to 3:30 p.m. on Friday. The hours of work for all other County employees shall be thirty-five hours per week; the work day shall be from 9:00 a.m. to 5:00 p.m. with one hour for lunch; except during the months of June, July and August when the hours shall be thirty hours per week with the work day being 9:00 a.m. to 4:00 p.m. with one hour for lunch. Those offices which are required to remain open during the noon hour will make intra-office ar rangements to accomplish this requirement. Equal distribution o f overtime. Provisions which stated that overtime was to be distributed equally among em ployees were found in one-half of the agreements con taining overtime provisions (table 20). Clauses could be quite complex, including items such as the basis for The normal work schedule shall be four days on and two days off and then five days on and two days off, on a rotating schedule . . . . 33 making overtime assignments and the methods of keep ing overtime records. Seniority could be a factor in assignment, or the allocation of overtime opportunities could go strictly to the employee who had worked the least amount of overtime. Job classification, work station, or depart ment could serve as a basis on which assignments were made; however, employees outside the units where overtime opportunities existed could be called upon if there were no volunteers. For the purpose of assign ment, overtime work refused by an employee was gen erally recorded as overtime worked. Records of over time worked by each employee were to be kept by the employer and either posted or made available to the union and employees for inspection. Agreements, in some instances, provided for a regular review of re cords to see that overtime was, in fact, being distributed equitably. The review could also serve as a basis for carrying over excess overtime hours to the following year: (5) When the employer determines that overtime is necessary, the employer will, whenever practicable, assign such overtime work in accordance with senior ity among those employees assigned to the work sta tion who normally perform the work involved on a rotating basis. A record of overtime opportunities shall be maintained and shall be available for review by employees or the union. In the overtime distribution process, employees shall be permitted to decline overtime work; however, the employer shall have the right to require the least senior available employee to perform the overtime work, including requiring employees to remain at work after conclusion of their shift until relief is avail able. (104) The University will rotate overtime opportunities among qualified employees in a department who nor mally perform the work that is being assigned for overtime. The University agrees to post and maintain overtime rosters, which shall be made available to the district steward upon request. Said rosters shall be posted in the departments and kitchens and will in clude a list of overtime hours worked and refused with overtime awarded to the employee within the depart ment who on the roster has the fewest aggregate hours worked and refused. If an employee on a shift is of fered overtime on another shift solely for the purpose of equalizing overtime, the “ call-in pay” provision does not apply with respect to this article. An employee who is offered but refuses overtime assignments shall be credited with the amount of over time (not less than 2 hours) for purposes of this sec tion. If it is determined that an employee has not been given his overtime opportunity, it will be the sole obligation of the University to give preference to such employee in future overtime assignments to correct the imbalance of opportunity. Normally, overtime assignments will be made in the department to qualified volunteers. If qualified volun teers are not available in the required numbers, then overtime assignments will be made to qualified em ployees following the “juniority” principle, i.e., to the least senior qualified employees. (105) Overtime shall be distributed as equally as feasible among qualified employees customarily performing the kind of work required, and currently assigned to the work section in which the overtime is to be worked. The employer shall maintain a record of all overtime worked, and upon reasonable request shall make the record available to any employee in the work section where the overtime was worked. (106) A rotating seniority list, within classification, will be used by the employer to distribute overtime on an equitable and impartial basis. This list will be kept up to date at all times and shall be reviewed by the de partment head and union representative every three months. If the review shows that the overtime is not being distributed on an equitable and impartial basis the personnel in the classification affected will be reassigned so that the employees will be within forty hours of each other at the completion of a half year. (107) Overtime hours shall be divided as equally as possi ble among employees in the same classifications in their district. An up-to-date list showing overtime hours will be posted daily in a prominent place in each district. Whenever overtime is required, the person with the least number of overtime hours in that classification within their district will be called first and so on down the list in an attempt to equalize the overtime hours. Employees in other classifications may be called if there is a shortage of employees in the classification needed. In such cases they would be called on the basis of least hours of overtime in their classification provided they are capable of doing the work. For the purpose of this clause, time not worked because the employee was unavailable, or did not choose to work, will be charged the average number of overtime hours of the employees working during that callout period (3 hour minimum). Overtime hours will be computed from December 1 thru April 15 and from April 16 thru April 15 each year thereafter. Excess overtime hours will be carried over each year and is subject to review at the end of each period. Employees that have changed classifications will be charged with the highest number of overtime hours that exist in the new classification on the day he was reclassified. Equal distribution clauses could be waived when em ployees with specific skills or qualifications were re quired for a job. Other clauses allowed the employer to extend the shift of an employee already at work rather than call in another employee: (108) 34 . . . The parties agree that management may make specialized assignments as required when specific technical skills and/or qualifications are needed, and may require employees to work overtime to meet the needs of the facility. Employees who are called in to work overtime shall be given a reasonable time to report for duty with due consideration to the special circumstances of any such employee. (14) (109) Overtime within a unit of distribution shall be dis tributed as equitably as practicable among employees assigned to the same classification who are within the same unit of distribution and who are qualified to perform the overtime assignment before an employee from another classification or another unit of distribu tion is assigned the work on an overtime basis. In this connection the University need not call in an em ployee to work rather than extend the shift of an employee already at work nor assign or call in an employee to work who has provided the University with a written statement that he does not wish to work overtime. Such a statement will be effective until withdrawn in writing by the employee. Nothing herein, however, shall prohibit the University from assigning or calling in such an employee to work if sufficient other employees capable of doing the work are not available. (105) The employee could exchange overtime assignments with another employee or could refuse nonscheduled overtime, but if too many refused scheduled overtime, then employees might be required to work. For pur poses of equal distribution of overtime, refusal would be charged to overtime worked: . . . The Appointing Authority shall not be required to cut in on work in progress in order to maintain an equitable balance of overtime. A record of the over time hours worked and declined by each employee shall be posted on the employee bulletin board monthly. Right to refuse overtime. The em ployer’s right to schedule hours of work has been modified through col lective bargaining in both the private and public sectors. The length of the workday and the workweek have long been subjects of joint determination, as has the rate of overtime pay. In recent years, management’s right to schedule overtime also has become a collective bargain ing issue. Management is seeking the work force flexi bility needed to guarantee that operations will not be hampered or interrupted, particularly in continuous government operations such as protective services, water services, and hospitals. Employees, on the other hand, may be seeking time off from work to rest, to be with family, or to pursue their own interests. The issue of compulsory versus voluntary overtime has, in some cases, been resolved in negotiations. In the present study, 68 agreements referred to the right to refuse overtime (table 20). At one extreme was the rare provision in which overtime was voluntary and em ployees were protected from disciplinary action if they refused overtime work: (110) But overwhelmingly, contract provisions reached a compromise between the needs of employer and em ployee. Employees could refuse overtime, but not in an emergency and not if it made it difficult for the unit to function effectively: No employee shall be censured for refusing to work overtime, except in emergency . . . . (112) An employee may refuse overtime as long as his refusal does not work a hardship on the department concerned. (60) Overtime work required by the Commissioner is mandatory and cannot be refused. An employee as signed to such overtime will be allowed to swap or arrange for another employee to replace him on said overtime. If an employee cannot make said arrange ments, he must work the overtime as assigned. Once a substitute accepts said overtime, he becomes respon sible for working same. (113) The hospital shall be the sole judge of the necessity for overtime. (a) Non-scheduled overtime must be worked when assigned. (b) Scheduled overtime will be offered to qualified employees in accordance with departmental (or departmental classification) seniority. Scheduled overtime may initially be refused, but if sufficient qualified employees do not vol untarily accept, the hospital shall assign the overtime work to qualified employees within the classification involved in the inverse order of seniority and employees must work such overtime when assigned. (114) Rutgers will make every reasonable effort to pro vide for an equitable distribution of overtime work among employees in a work unit in each seniority unit, after taking into consideration the nature of the work to be performed during overtime hours and the qual ifications and abilities of the employees in the senior ity unit. Any refusal of overtime work shall be re corded as overtime worked by the employee . . . . Overtime rates. Seventy-two percent of the 262 agree ments with overtime provisions set forth the overtime rate of pay (table 21). Most specified rates for both daily and weekly overtime, generally specifying that it was time and one-half the regular rate of pay: There shall be no discrimination against any em ployee who refuses overtime. (111) In assigning overtime work, the employer agrees to consider any circumstances that might cause such an assignment to be an unusual burden upon the em ployee. When such circumstances do exist, the em ployee shall not be required to work unless his ab sence in the judgment of his supervisor would cause the employer to be unable to meet its responsibilities. (115) Any time work is performed in excess of eight hours in any one day and forty hours in any one week, it shall be considered as overtime and shall be paid at the rate of 1Vi times the regular rate of pay. (35) One and one-half times an employee’s regular hourly rate shall be paid for all hours worked in excess of 8 hours in any day or in excess of 40 hours in any work week or after the completion of a task route in the Solid Waste Division . . . . In determining the number of hours worked in the week for overtime purposes, provisions permitted cer 35 tain time off with pay to be counted as hours worked, including holidays, vacations, personal leave, sick leave, and compensatory time off: (3) (6) The following provisions apply to all areas of work in the bargaining units except those specifically cov ered by the original letters of agreement, the con tents of which are contained in this agreement. (A) Time and one-half the regular straight time rate will be paid for all time worked in excess of eight hours in an employee’s work day. (B) Time and one-half the regular straight time rate will be paid for all hours worked in excess of forty hours in an employee’s workweek. For the purpose of computing overtime pay for over forty hours in an employee’s workweek, a holiday for which he receives holiday pay will be counted as a day worked. Time during which an employee is excused from work because of vacation, holidays, personal leave, sick leave at full pay, compensatory time off or other leave at full pay shall be considered as time worked for the purpose of computing overtime. Compensatory time off only shall accrue to em ployees in group 16 and above for hours worked in excess of his normal bi-weekly pay period . . . . All time worked between 35 and 40 hours per week shall be compensatory time off only. Half the provisions did not specify whether compensa tory time would be provided at premium or straighttime rates. The remainder did distinguish in this man ner, and were about evenly divided between the two (table 22). In some instances, a limit was placed upon the amount of compensatory time that could be accumu lated. If employees worked additional overtime, cash payments had to be made. If employees had not used their compensatory time by the end of the year, they had to accept money for unused hours. In some in stances, compensatory time could be carried over into the next year: A few overtime rate clauses provided for straighttime pay only. In each case, except for one agreement covering professional employees, they also included an arrangement for compensatory time off. Compensatory time. Thirty-two percent of the over time provisions offered compensatory time in lieu of cash compensation. Compensatory time would seem to be an advantage to government administrators faced with budget constraints, since overtime work could be traded for time off. Some clauses, however, required money payments for certain activities, such as work during riots, emergencies, or civil disturbances, or they gave the employee a choice between compensatory time or cash payment. This option might be available only to certain groups of employees: (116) The present practice of compensatory time off for overtime work shall be continued; provided, how ever, that one and one-half times the straight time hourly rate will be paid for all hours worked beyond the employee’s regular schedule for work performed during riots, strikes, civil disturbances, major con flagrations or other duly authorized emergencies. (117) If it shall be necessary for an employee to work more than the regular working hours, compensatory time off or cash payment shall be allowed. Employees shall choose compensatory time or cash payment in writing to department head by December 1 and May 31 of each year, as to the manner of payment for that six month period. (118) An employee may accumulate 64 hours at straight time or 96 hours at overtime rate of compensatory time during any calendar year after which accumula tion the County must give and the employee must accept cash payment. (119) In lieu of cash payment for overtime work, regular full-time employees may elect to take compensatory time off at the rate of one and one-half for each one hour of overtime worked. Regular full-time employees may accumulate not more than twenty-four overtime hours to be taken off at the rate of one and one-half hours off for each accumulated overtime hour. All compensatory time accumulated but not used in a calendar year will be paid in cash in the last pay period of the year. Compensatory time may be used at the employee’s discretion with the approval of the department head. (11) It is agreed that employees who accrue compensa tory time shall be entitled to take that time off, and that accrued compensatory time shall be taken as soon as possible after it is earned. . . . Compensatory time credits accrued by em ployees during the accrual year shall be liquidated no later than midnight, March 31, of each year, except that employees shall be entitled to carry over up to 24 hours of accrued compensatory time into the new accrued year. The employer, as a rule, had to allow employees to take their compensatory time when they wanted to use it. However, the choice of time off was not to interfere with normal operations. If it did, the government ad ministrator could deny employees the time they had chosen. But this power was not to be abused. Conse quently, some contracts made denial a grievable issue or required the employer to give an explanation for the action: Effective January 1, 1975, overtime shall be paid at the rate of time and one-half for all hours worked over 40 hours per week for all employees in bracket 11 and below. Straight time pay or compensatory time off (at the option of the employee) shall be paid to all employees in pay groups 12 through 15, for all hours worked in excess of 40 hours per week. (20) (120) 36 With the prior approval of departmental manage ment, accumulated compensatory time off may be taken by an employee. Management will not un- reasonably withhold approval for such compensatory time off . . . (121) at employee’s convenience, consistent with the effi cient operation of his (her) agency. Such time off requires prior approval by supervisor. Denial of compensatory time must be explained. Compensatory time - equal time off. This is taken Table 18. Scheduled hours in the workweek in State and county collective bargaining agreements by occupational group, 1972-73 Referrin to workweek All agreements Occupational group Less than 40 hours1 Total More than 40 hours2 40 hours Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Total........................................ 318 340,447 275 300,244 26 27,125 177 203,214 Blue-collar or manual........................ Professional or technical..................... Cle rical.............................................. Police and fire.................................... Blue-collar and clerical....................... Professional, technical, and clerical............................................ Blue-collar and professional................ Police, fire, and clerical...................... Multiple occupations not defined or not listed above4......................... 73 67 4 31 10 30,021 68,974 2,739 31,750 5,830 69 52 4 22 10 29,556 52,500 2,739 26,472 5,830 4 2 1 2 3,000 2,550 130 1,460 52 34 1 14 5 25,935 34,307 75 23,721 4,020 6 14 5 21,032 10,051 12,911 6 14 2 21,032 10,051 2,855 1 _ __ 158 __ __ 5 11 1 108 157,139 96 149,209 16 19,827 54 11ncludes 1 agreement which provided for a 38-hour workweek, 17 agreements which pro vided for a 37V2-hour workweek, and 8 agreements which provided for a 35-hour workweek. includes 1 agreement which provided for a 411/4-hour workweek, 1 a 42-hour workweek, 3 a 42V2-hour workweek, 1 a 43-hour workweek, 1 a 44-hour workweek, 5 a 45-hour workweek, Reference to workweek; no reference to weekly hours Varies3 Workers Agree ments Workers Agree ments Workers Agree ments Workers 14 7,880 20 10,463 38 51,562 43 40,203 9 __ __ 3 __ 1,424 4 3 609 2,961 50 350 _ 1,588 12,232 114 2,282 4 15 __ 9 465 16,474 1 3 4 11 1 3 20,874 8,518 2,800 _ _ 55 _ _ _ _ 3 1 _ 1,533 __ 82,964 1 6,112 9 6,493 16 33,813 _ __ 289 _ _ Level of government Mil d g l C C I I I C I I l i County State Provision Agreements Workers Agreements Workers Agreements Workers ............................................. Total referring to scheduled days in the workweek ....................... 5 days .................................. Days vary1 ............................. Protective service schedul ing2 .................................. Reference to days in work week; no reference to number of d a y s .............................. No reference to scheduled days in workweek .................................. 318 340,447 106 151,257 212 189,190 272 198 5 298,939 206,466 7,902 95 71 122,849 88,758 177 127 5 176,090 117,708 7,902 3 271 3 271 66 84,300 24 34,091 42 50,209 41,508 11 28,408 35 13,100 46 in c lu d e s 4 agreements in which the days of the work week varied by occupation or department, and 1 agree ment in which the days varied with the work schedule. 2 Protective service scheduling refers to the complex arrange _ 5,278 _ _ _ 3 10,056 12 7,930 1 a 48-hour workweek, and 1 firefighter agreement which provided for a 55-hour workweek. inclu d es 10 agreements in which the workweek varied by occupation or department, 5 by shift, 3 by the time of the year, and 2 by occupation and time of the year. 4See footnote 1, table 4. Table 19. Scheduled days in the workweek in State and county collective bargaining agreements by level of government, 1972-73 Total No reference to workweek — — ments necessary to maintain continuous and fire departments. Lengthier than of 10, 14, or 24 hours often resulted of 4 days in one week and 5 days in the operations by police normal daily shifts in weekly schedules next. Table 20. 1972-73 Overtime provisions in State and county collective bargaining agreements by occupational group, Overtime provisions All agreements Occupational group Daily overtime Total Daily and weekly overtime Weekly overtime Equal distribution of overtime Right to refuse overtime Reference to overtime-, no details given Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Agree ments Workers Total........................................ 318 340,447 262 284,726 14 22,336 38 45,360 137 130,166 73 86,864 68 77,422 130 147,561 Blue-collar or manual......................... Professional or technical..................... C le rical.............................................. Police and fire.................................... Blue-collar and clerical....................... Professional, technical, and clerical............................................ Blue-collar and professional................ Police, fire, and clerical...................... Multiple occupations not defined or or not listed above1......................... 73 67 4 31 10 30,021 68,974 2,739 31,750 5,830 66 45 4 22 10 29,305 43,949 2,739 25,647 5,830 1 1 77 68 9 8 7,059 9,976 ___ 2 2 745 650 10 19 1 8 3 7,650 17,407 114 13,110 1,430 9,681 5,792 ___ 14,519 16,498 2,625 8,472 3,750 22 6 ___ 46 17 3 10 5 44 10 2 7 4 22,482 11,878 125 9,143 4,416 6 14 5 21,032 10,051 12,911 6 13 3 21,032 9,751 6,855 1 263 108 157,139 93 139,618 — 2 3,320 — — — 7 — 20,533 1See footnote 1, table 4. 1 1 4,623 55 2 8 1 317 3,332 2,800 4 3 1 20,715 1,533 4,000 17 20,327 45 77,853 24 20,905 — — 8,782 3,766 3 2 _ _ 5 1 4,153 4,000 1 7 — 91 4,474 — 29 41,248 55 94,952 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. Table 21. Overtime rates in State and county collective bargaining agreements by daily and weekly overtime, 1972-73 Referring to overtime rates Overtime rate Total Daily overtime Weekly overtime Agreements Workers Agreements Workers Agreements Workers Total ............................................. 189 197,862 151 152,502 175 175,526 Premium rate1 ........................................... Straight-tim e rate .................................... Reference to overtime rate; no d etails given ...................................................... 175 8 184,556 8,956 141 4 143,812 4,340 163 7 162,620 8,806 6 4,350 6 4,350 5 4,100 in clu d e s 1 agreement covering 13,000 workers which provided premium pay for daily overtime for employees whose salary level was below a given amount. Table 22. NOTE: Nonadditive. An agreement may contain more than one of the provisions listed, Compensatory time in State and county collective bargaining agreements by occupational group, 1972-73 Referring to compensatory tim e All agreements Occupational group Total Straight time Reference to compensatory time; no d etails given Premium time Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers T o tal............................................ 318 340,447 83 144,742 19 28,497 22 58,085 42 58,160 Blue-collar or m a n u a l........................... Professional or te c h n ic a l...................... C le r ic a l................................................... Police and f ir e ....................................... Blue-collar and c le r ic a l........................ Professional, technical, and c le ric a l... Blue-collar and p ro fe ssio n a l................ Police, fire, and c le r ic a l....................... M ultiple occupations not defined or not listed above1 ............................... 73 67 4 31 10 6 14 5 30,021 68,974 2,739 31,750 5,830 21,032 10,051 12,911 14 19 — 12,824 20,474 — 2 4 — 2,398 2,918 3 1,700 9 15 8,726 17,556 12 2 3 — — 12,657 2,546 20,557 — — 1 2 1 — — 130 2,546 3,000 — — 6 5 5,989 __ __ __ __ 6,538 __ __ __ __ 2 __ 17,557 108 157,139 33 75,684 9 17,505 13 49,847 1See footnote 1, table 4. 38 _ _ _ _ _ _ _ _ _ _ _ _ 11 8,332 Chapter 5. Wage-Related Provisions (123) This chapter describes selected wage and allowance provisions in State and county collective bargaining agreements. Economic provisions such as these are important to government employees because they af fect take-home pay, and are no less important to gov ernment employers who must weigh the cost of person nel against available sources of revenue in those State and county operations which are significantly labor in tensive. None of the provisions discussed here were found in as many as half of the contracts. To some degree, their relative lack of frequency stems from the power of executive and legislative branches of government over financial and budgetary matters. In some cases, provi sions may exist in personnel manuals or other docu ments outside the collective bargaining agreement. But some of these matters, as noted below, are becoming subjects for joint labor-management determination. Longevity pay Over one-quarter of the agreements studied pro vided an extra payment to employees in recognition of their length of service (table 23). The payment could be a monthly addition to salary, or a semi annual or annual payment. The amount was usually graduated by years of service and could be calcula ted either as a dollar amount per year of service or as a percent of annual earnings: (10) Longevity Plan Effective 1/1/75 $5.00 per month after 5 years of continuous service. $10.00 per month after 10 years of continuous service. $15.00 per month after 15 years of continuous service. $20.00 per month after 20 years of continuous service. (32) Longevity. One hundred dollars for each 5 years of service to be paid semi-annually, qualifying dates shall be June 1 and December of each year. (124) All employees covered by this agreement shall re ceive during the month of December a longevity pay ment in accordance with the following schedule. The percentages set forth herein shall be applied to the employee’s total wages earned between December 1st and November 30th of each year. After 2 years — 1 percent After 5 years - 2 percent After 10 years - 3 percent Wage surveys With the coming of collective bargaining, employee organizations have gained a voice in the wage survey process by which some State and local governments determine the level of wages for their employees. Forty-five of the agreements studied contained provi sions referring to wage surveys, all but six of which were negotiated by Los Angeles County with a variety of employee organizations (table 23). In other studies of governm ent agreem ents, clauses have been found which provide elaborate rules for the conduct of wage surveys.4 However, clauses in the present study uni formly limited the role of the union to a review of results, in effect certifying that the wages developed are in fact those prevailing in the area: (122) Some longevity payment provisions stipulated that the bonus would not be used in computing other payments, such as overtime, holiday, sick leave, or vacation pay. A prorated payment might be made if the employee retired or died before the normal payment period. Cal culations usually used an employee’s continuous ser vice, which might be broken by quit, discharge, or layoff. On the other hand, college staff hired for 10 months did not break service if they returned for the next academic year: The parties, having jointly reviewed and considered all available salary and wage information and data, agree that the recommended salary levels set forth hereinabove comply with the requirements of Section 47 of the Charter of the County of Los Angeles, and will in each instance provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered in private industry under similar employment where such prevailing salary or wage can be ascertained. (125) 4See, for instance, Collective Bargaining Agreements for Police and Firefighters, Bulletin 1885 (Bureau of Labor Statistics, 1976). Prior to the formation of suggestions and policy on salary survey results, the employer shall discuss them with WSEA for the purpose of making a joint state ment to the Department of Personnel, if and when agreement is reached. 39 The following longevity pay plan shall be effective for the term of the contract: $75 after 2 full calendar years of service $150 after 4 full calendar years of service $225 after 6 full calendar years of service $275 after 8 full calendar years of service $325 after 11 full calendar years of service $375 after 14 full calendar years of service $425 after 18 full calendar years of service $475 after 22 full calendar years of service $525 after 26 full calendar years of service $575 after 30 full calendar years of service Longevity pay shall be considered a wage bonus and shall not be part of the basic hourly wage rate for purposes of computing overtime, holiday pay, sick leave pay, or vacation pay. The longevity bonus to . . . County employees en titled thereto, shall be paid annually with the pay period ending November 30th. In the event of retire ment due to age or physical disability, or death, of any employee qualifying for longevity bonus in the year of such retirement due to age or physical disability, or death, the amount of the total longevity bonus to which such employee would be entitled at the end of the calendar year shall be prorated from January 1st of the year of retirement due to age or physical disability, or death, to the date of the happening of such event. Employees who quit or are discharged for cause shall not be entitled to receipt of longevity pay. (126) (127) hiring date in accordance with the following provi sion: a) Continuous service shall be broken by 1) Quit 2) Discharge 3) Termination due to a reduction of employees or other reason b) Ten month employees shall not suffer a break in continuous service by reason of their employ ment only during the employer’s academic year provided they return to work upon commence ment of the immediately following academic year . . . . Longevity pay shall be based on the following schedules: Continuous Service 6 or more and less than 10 years..................................... 2 % of annual wage 10 or more and less than 14 years.......................................3% of annual wage 14 or more and less than 18 years.......................................4% of annual wage 18 or more and less than 22 years.......................................5% of annual wage 22 or more and less than 26 years.......................................6% of annual wage 26 or more years...........................8% of annual wage All full time employees hired prior to January 1, 1974, will be paid longevity service adjustments as follows: Upon completion of 10 years continuous service, $300 to be adde,d to his annual salary. Upon completion of 20 years continuous service, another $300 to be added to his annual salary. Upon completion of 30 years of continuous service, another $300 to be added to his annual salary. All full time employees hired subsequent to January 1, 1974 will be paid longevity payments as follows: Upon completion of 10 years continuous service, an employee will receive a $500 cash payment. Upon completion of 20 years continuous service, an employee will receive a $750 cash payment. Upon completion of 30 years continuous service, an employee will receive a $1,000 cash payment. An unauthorized absence of one year or less or authorized absence without pay shall not result in an interruption of said years of continuous service but shall in no event be used in computation of the said years of continuous service as set forth above. The longevity increments provided for in this article shall be in addition to negotiated salary increases due the employee pursuant to the then existing salary schedule or any increase due said employee as a result of a promotion. Such increase shall become payable commencing with the first full pay period following the completion of the years of service required. Work clothing and uniform allowances Two-fifths of the agreem ents contained clauses which required the employer to provide or maintain uniforms or other clothing worn on the job (table 23). Although provisions were found in all but one govern ment activity, most were in contracts in law enforce ment, education, health and medical units, and public works. Together, these four categories accounted for over one-half of the contracts with uniform or clothing allowances. Blue-collar contracts contained more of these allowances than agreements covering any other occupational group. Uniforms were frequently pro vided for police officers, firefighters, and workers in health and medical facilities; work clothing, for em ployees of public works departments and blue-collar employees in educational institutions. A number of contracts provided annual monetary allowances so that employees could purchase their own uniforms or work clothing. If uniforms changed, some agreements guaranteed special payments to cover costs of the change. Other contracts stipulated that the gov ernment would issue clothing annually: All employees covered by this agreement who are on the employer’s active payroll as of July 1 of any year shall be entitled to receive longevity pay for length of continuous service with the employer ac cording to the following rules and schedule of pay ment. Longevity pay shall be based on an employee’s continuous service with the employer as herein de fined. Longevity pay shall be computed as a percen tage of an employee’s annual wage for the preceding calendar year as stated in the employee’s W-2 form. For purposes of this section, continuous service means service calculated from the employee’s last Annual Longevity Pay 40 (76) The employer agrees to provide a uniform allow ance of two hundred dollars per year per employee to be paid directly to employees in two semiannual in stallments. In the event there is a general change in the uniform, or any part thereof, the County shall pay the reasonable cost of all such changes. (128) The parties agree to jointly recommend to the Board of Supervisors an amendment to the County Ad Health and medical workers and education, public works, and law enforcement personnel were those most frequently supplied with safety equipment. Among these clauses were general policy statements which stipulated that all necessary safety equipment would be furnished employees, sometimes citing a few specific examples such as safety glasses or shoes. On occasion, clauses also obligated the State or county to care for and maintain the equipment. In most instances, the gov ernment retained ownership, except where the safety equipment was custom fitted, such as safety glasses and shoes: ministration Code to provide for the issuance of two shirts and two trousers, as prescribed by manage ment, to each person employed as a Fireman and Fireman Specialist. Such issuance to take place once each fiscal year for the term of this memorandum of understanding. Imsome instances, uniforms or work clothing were provided, maintained, and replaced by the employer: (129) If uniforms are required by the employer, it is agreed that the expense of furnishings, laundering, cleaning, maintaining and replacing of such uniforms be at the expense of the employer. C ontracts covering law enforcem ent employees might provide compensation for “ plain clothesmen” whose personal apparel underwent extra wear or was damaged when worn on duty. Workers in health and medical occupations, especially in State mental hospi tals, could receive replacement clothing for those dam aged by patients or could be guaranteed replacement funds. Occasionally agreements listed procedures to be followed in processing a claim: (130) Any employee assigned to perform duty in plain clothes by order of the Commissioner of Police for a continuous period of not less than three months, shall receive additional compensation in lieu of clothes pro-rated bi-weekly on the basis of three hundred fifty dollars per calendar year. (25) Management will replace clothing or prosthetic ap pliances (eyeglasses, dentures, etc.) if they are torn or damaged by a patient. (131) The employer shall reimburse employees for uni forms, clothing, or other personal property which is destroyed by patients as provided in Chapter 30, Sec tion 9c . . . . Outlined below is the procedure to be followed in processing claims of personnel for repair or replace ment of damaged clothes or property. 1. Notarized statement must be obtained from employee detailing the incident during which damage occurred, and an estimate of the cost. 2. Notarized statement must be obtained from witnesses, if any, to the incident. 3. Claim must be review ed by qualified personnel . . . who will recommend, in writing, to the superintendent acceptance or disallow ance of claims. If claim is for replacement, the age and condition of the item at the time it was damage must be considered. . . . If the claim is disallowed, reasons must be given . . . . The superintendent will notify the employee and also advise him why the claim was not allowed . . . . 4. Employee must submit a receipt or paid bill for the repair or replacement, if . . . made by out side agencies . . . . If any employee is required to wear protective clo thing, or any type of protective device as a condition of employment, such protective clothing, or protec tive device shall be furnished without cost to the em ployee by the County; the cost of maintaining the protective clothing in proper working condition (in cluding tailoring, dry cleaning, and laundering) shall be paid by the County. Employees required by the County to wear safety glass prescription lenses as established by the De partment Safety Committee and the Department Di rector due to recognized eye hazards normal to their work, will have such glasses furnished by the County to a prescription furnished by the employee. (133) If any employee is required by the Department to wear or use any protective clothing or device, such clothing or device shall be furnished and maintained without cost to the employee by the Department. This is intended to include outer clothing, gloves, prescrip tion and regular safety glasses, safety shoes, and hard hats. Ownership of these devices remains with the Department and should an employee leave, all items are to be returned in serviceable condition with the exception of prescription safety glasses and individu ally fitted safety shoes. Clauses could list equipment that would be provided, specify those workers who would use it, and detail when the equipment would be used. Inclement weather for many public workers and police emergencies were cited as conditions requiring the use of special safety equipment. Clauses also provided for such items as respiratory masks if essential to the safety of certain employees: Safety equipment Twenty-two percent of the agreements in the study provided employees with safety equipment (table 23). (132) 41 (53) The employer shall provide hard hats to all em ployees and shall also provide rain gear, when emer gency conditions necessitate, to properly protect the employees from inclement weather. It shall be the responsibility of the employee to have such protective gear and devices with him at the job site. (60) . . . Before an employee covered by this agree ment is required to participate in a relief capacity for a member of the tactical force, he shall be issued the necessary protective equipment. (55) The employer will furnish special work clothing or safety equipment as follows . . . Pants and Shirt. During oiling season for men on oil trucks and men handling tar paper (110) Hard hats — maintenance and construction crews Respiratory masks - Men in paint shop, on oil trucks Safety glasses — as required Safety vests - flagmen Reflectory gloves for helpers on snow plows A few contracts permitted employees to choose be tw een a cents-per-m ile allow ance or a flat daily, weekly, or monthly payment. A survey of local gasoline prices could be required as part of the procedure for determining reimbursement rates: Employees could face disciplinary action, even dis missal, for failure to make use of the safety equipment provided: (134) Employees who work at jobs or in areas deemed by the County Office of Insurance and Safety to be dangerous, shall be required to wear safety devices and/or equipment designated by that office as neces sary for their protection. Such devices and equipment will be provided by the County. Refusal or failure of an employee to use or wear such devices or equipment shall be grounds for appropriate disciplinary action, up to and including dismissal. (135) Employees who, by virtue of the nature of their jobs, are required to drive their own automobiles in connection with the performance of their work, shall be entitled to reimbursement therefore in the amount of 10 cents per mile necessarily driven for such pur pose, provided they fill out a daily report on forms provided by the employer. In lieu thereof, such em ployees may elect to be reimbursed on the basis of twenty-five dollars per month (without a daily mileage report) for such usage. In either event, reimbursement will be made quarterly. (99) Any person in the service of the County who is required to travel on business for the County and who has been duly authorized to use and uses a privately owned automobile or truck shall be allowed and paid as traveling expense in lieu of the cost of carrier ser vice, for each mile so traveled or for each hour of use going and coming, reimbursement at the following rate: Privately owned automobile or truck: Claimant may at his option select either of the following rates as stated on his claim for reim bursement: Option A To and including 750 miles in any month 160 In excess of 750 miles in any month 100 Option B Each day or part thereof an automobile or truck is used $1.90 a day plus 5.20 a mile Payment under Option B shall be claimed for each calendar month during which any travel under this option is performed and no pay ment under Option B shall exceed 350 per mile per calendar month. Option C $2.50 per day for each day the motor vehicle is available for use and such person is on duty and, in addition and if approved by the Chief Administrative Officer, for each day the motor vehicle is available and such person is required to be available for immediate recall to duty. Automobile allowances Allowances for authorized use of an employee’s au tomobile for official business were granted in more than one-fifth of the agreements, covering nearly one-third of the workers in the study (table 23). Among workers to whom car allowances applied were parole officers and social workers who visit homes, teachers and edu cational administrators who must split their day among several schools, road department supervisors who must visit various job sites, and police officers who use their own cars on duty. Allowances are designed to defray the costs of vehi cle operation including gasoline, depreciation and, in some instances, insurance. By far the greatest number of these clauses provided for a specific payment per mile traveled. In some clauses, travel in excess of a specified number of miles was paid for at a lower rate per mile, since, as a rule, cost decreases as mileage increases. Advance approval of travel was a common requirement for reimbursement: (119) All employees required to use their own automobile in County business and approved by the department head shall be reimbursed at 15 cents per mile for the first 200 miles per month, and 10 cents per mile there after. (85) Subject to vehicle rules and regulations established by the board, an employee who is authorized to use a private automobile in the performance of his duties shall be paid for the mileage driven during each monthly period on the following basis: 1. Seventeen cents per mile for the first 150 miles. 2. Fifteen cents per mile for each additional mile above 150 miles. The County will survey the gasoline prices paid in local retail service stations on June 1, 1974 to establish average gasoline prices. If during fiscal year 1974-75, by use of the same sample, the average cost of gasoline per gallon increases 150 or more, the county agrees to meet and confer on automobile mileage reimbursement rates at that time. Some contracts guaranteed a minimum payment where use of a private vehicle was authorized. Em ployees could also be reimbursed for extra expenses such as parking fees or toll charges: Effective January 1,1973 the mileage allowance will be $. 12 a mile or a minimum of $1 per day whichever is greater if authorized. Toll charges also will be reim bursed if supported by appropriate receipts. Recognizing that work-related use of an employee’s 42 shall receive, in addition to their base rate of pay, 10(2! per hour and 20# per hour respectively, additional compensation. Such differential is to be added to the total wages and does not increase the base rate of pay and will be paid for all hours worked on a shift. A person shall be deemed to be working on the shift in which the majority of his hours worked fall on that day. car can increase insurance costs, one clause stated that authorization to pay the resulting difference in insur ance rates would be sought: (84) State owned vehicles will be placed under the con trol for assignment by the Regional Administrator. He shall endeavor to assign such vehicles so as to reduce the number of instances in which employees cus tomarily must transport clients in privately owned automobiles in the course of their duties. Where em ployees must still transport clients in private vehicles, the department shall seek the authorizations to re imburse the employees for the difference in the in surance rates. (138) (139) Shift differentials Two-fifths of the agreements in this study provided for an extra payment to employees to compensate them for working the inconvenient hours of an evening or night shift (table 23). Unlike private industry, where time differentials or time plus money differentials are often found, all contracts in this study provided for money differentials. Payments were either a specific amount of money per hour or week or a specified per centage added to the employees’ regular rate of pay. (Percentage payments maintain relative differences in the wages of different categories of employees.) In one instance, a provision for a percentage differential in cluded a guarantee of a minimum cents-per-hour pay ment: (114) In a few instances, the differential varied by occupa tion: (140) A shift premium of 13 cents per hour shall be paid to any employee who is regularly scheduled to start work on or after 10:00 p.m. and before 4:00 a.m. (136) An institutional shift differential premium of ten percent of the employee’s regular compensation rate as defined herein shall be paid for all regularly scheduled full shifts worked between the hours of 3:00 p.m. and 7:00 a.m. (85) An employee, except physicians and dentists, med ical and dental interns, resident physicians and surgeons, dental residents and employees paid on a 24 hour basis, who works an assigned night shift shall, in addition to his regular salary, be paid a night shift differential for each hour actually worked on the as signed night shift. For purposes of this section, night shift shall mean an assigned work shift of seven consecutive hours or more which includes at least 4 hours of work between the hours of 4:00 p.m. and 8:00 a.m. Overtime which is worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The rate of night shift differential shall be 5% of the employee’s basic hourly rate with a minimum of 14 cents per hour. Wage adjustments Provisions permitting adjustments in wages during the life of a contract could take the form of deferred increases, escalator clauses, or contract reopeners (table 24). Wage-adjustment provisions are found in longer term contracts, making them feasible in that employees are partially protected from changes in economic conditions. In turn, long-term contracts in sure longer periods of labor peace and allow the parties to plan activities and prepare budgets with some degree of certainty. Provisions on deferred wage increases were found in 37 percent of the agreements, escalator clauses in 12 percent, and contract reopeners in 41 percent. Employees who work on the second or third shift . . . any employee employed in the unit, who is assigned to a regularly established evening or night shift as defined in Section 91 of said Salary Ordinance shall receive a per hour bonus for each hour worked during such shift as listed below: a. For the following classes, a 30 cents per hour bonus . . . b. All other classes in this unit, a 25 cents per hour bonus. Agreements providing differentials were not found in all government activities, since shift premiums are, of course, limited to multishift activities such as those carried out by hospitals, utilities, and police and fire departments. Firefighters typically rotate from one shift to another and the equivalent of a differential may appear in their regular salary—hence the absence of shift premiums in their contracts. Where there is more than one shift, clauses often provided a higher differential for the third than for the second shift: (137) Shift differential relative to health related facility and infirmary employees and laboratory employees: Those employees working an afternoon shift (3:00 p.m. to 11:00 p.m.) will be paid an additional V/i% of their base rate. Those employees working a night shift (11:00 p.m. to 7:00 a.m.) will receive an additional 7% of their base rates. County em ployees working other than the scheduled daytime hours shall receive a shift differen tial as follows: 1. afternoon shift, 4:00 p.m. to 12:00 midnight, or 3:00 p.m. to 11:00 p.m., whichever is applica ble, 5% additional to hourly rate. 2. night shift, 12:00 midnight to 8:00 a.m., or from 11:00 p.m. to 7:00 a.m., whichever is applica ble, 10% additional to hourly rate. 43 Deferred wage increases. Deferred wage increases provide one automatic wage adjustment or more during the term of the agreement, usually effective on the contract’s anniversary dates. A deferred increase can be a flat-sum (cents-per-hour) addition to wages or a percentage adjustment. The clause may specify that the increase will be applied uniformly to all wage rates or that it will be on a graduated scale, with the amount of the increase varying according to the employee’s wage rate, job classification, or other consideration. Deferred wage increases in State and county con tracts were most often made on a percentage basis; this arrangement maintained existing relative pay differen tials betw een workers in various occupations and categories. Most provisions granted a uniform percen tage increase to all employees. However, the amount of the increase was graduated in a few provisions: (141) Effective December 1, 1973, a 4.5% general in crease shall be applied to each step within the salary range for the represented classes. Effective December 1, 1974, a 4.5% general in crease shall be applied to each step within the salary range for the represented classes. Effective December 1, 1975, a 2.5% general in crease shall be applied to each step within the salary range for the represented classes. (142) Effective January 4, 1975, all salaries from the minimum through the fifth step in the steps of the 1973-74 wage schedule shall be increased 6 V2 percent. Effective January 1, 1976, all salaries from the minimum through the fifth step in the steps of the 1975 wage schedule shall be increased 6 percent. All employees in the wage schedule who are above step 5, and all employees not in the step system, shall receive an 8 percent increase in yearly salary effective January 4,1975. Said employees shall receive an addi tional 7 percent increase in yearly salary effective January 1, 1976. (144) (145) Effective July 1, 1975 The following rates reflect a general increase of 4Vi percent or $450.00, whichever is greater . . . . Effective July 1, 1976 The following rates reflect a general increase of 4Vi percent or $450.00, whichever is greater . . . . Still other agreements provided for a flat cents-perhour increase, which tended to narrow relative pay differentials: (143) HI 174 1/4175 6121/75 Mechanic........................ . Survey Crew................. . Alternate Operator....... . Crane Operator............. Bulldozer........................ . Tractor Trailer.............. Crew Leader................. Grader Operator........... Semi-truck..................... Heavy Truck................. . Light Truck & Equip ment ............................ Alternate Operator Trainee...................... Laborer........................... $4.51 4.51 4.47 4.46 4.36 4.36 4.34 4.33 4.30 4.23 $4.71 4.71 4.67 4.66 4.56 4.55 4.54 4.53 4.50 4.43 $4.76 4.76 4.72 4.71 4.61 4.61 4.59 4.58 4.55 4.48 4.17 4.37 4.42 4.14 4.07 4.34 4.27 4.39 4.32 A cost-of-living allowance will be determined in accordance with changes in the Consumer Price Index (all cities) published by the Bureau of La bor Statistics, U .S. Department of Labor (19571959=100) and hereinafter referred to as the BLS Consumer Price Index, as revised 1967 = 100 base. Beginning with the Index for July 1974, as basic, the rates will be adjusted up or down as shown by the Index each three months (January, April, July and October). The amount of cost-of-living allowance that shall be effective for any quarterly period shall be determined in accordance with the following table, allowing one cent (.010) adjustment for each 0.4 change in the Index. BLS-CPI 122.9 123.7 124.1 124.5 124.9 Effective July 1, 1974, 150 per hour increase will be added to the above rates, which includes all em ployees other than office and supervisory. Effective July 1, 1975, 150 per hour increase will be added to the rate of all employees other than office and supervisory. Job Classifications: Escalator clauses. An escalator clause automatically links wage changes to changes in the consumer price index (CPI). It is designed to protect the purchasing power of wages during the term of the agreement. Cost-of-living adjustments, which are made quarter ly, semiannually, or annually, could be based on an index prepared for all U.S. cities or one for a spe cific metropolitan area. Most provisions adjusted wage rates through a formula which provided an additional cents-per-hour payment related to a given rise in the index, usually 1 cent per hour for each 0.5, 0.4, or 0.3 rise in the CPI. Maximums or “ caps” could be placed on the total amount of one or several adjust ments. Some clauses stipulated that the escalator in crease would be used in computing overtime, holiday, vacation, and other payments. Agreements might also state that any changes in the method of determining the index or revisions of published figures would have no effect on the negotiated formula or adjust ments that had been made: Among deferred wage provisions were those which established a cents-per-hour floor for percentage in creases. The floor assured lower paid employees a minimum increase: (23) Effective Dates o f Below Rates: 44 - Cost-of-Living Allowance 123.6 124.0 124.4 124.8 125.2 .010 .020 .030 .040 .050 130.9 - 131.2 .200 The change in rates will become effective at the beginning of the first pay period following receipt of official report of the Consumer Price Index by the U.S. Department of Labor. The amount of any cost-of-living allowance in effect shall be included in computing overtime in premium, vacation and holiday pay. No adjustments, retroactive or otherwise, shall be made due to any revision which may later be made in the published figures for the BLS Consumer Price Index for any base month. (36) The cost of living increase, if applied, shall be in the amount of one cent per hour for each five-tenths of one percent increase in the Consumer Price Index times 2,080 hours; The cost of living increase shall be determined by the percentage change between July 1974 and July 1975, in the Consumer Price Index, U.S. City Aver age, All Items (1967 = 100) issued by the U.S. Bureau of Labor Statistics . . . . At no time shall the amount of the cost of living increase, if any, under this formula exceed IV2 percent of the individual wage rate of any employee to whom it shall apply; If the method of computing the Index is changed the parties shall apply the Index as presently calculated. (141) Employees under the jurisdiction of the Board of County Road Commissioners shall have their cost-ofliving computed on the following basis: 1. The base index figure used for computing fu ture cost-of-living payments for the term of this agreement shall be 138.0. 2. Cost-of-living payments shall be made on the quarter based on the quarterly average rise of the Consumer Price Index (Metropolitan Detroit Area). Each 0.4 rise in the BLS Index shall be equal to one cent. Any fractional rise after computing such pay ment shall be dropped. 3. The first quarter shall consist of December 1973, January 1974, and February 1974, and each quarter thereafter for the term of this agreement. (146) Cost-of-living -1974. If the New York - Northeast ern New Jersey Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics during December 1973 has increased over the corres ponding index of 133.3 for the previous year, the 1973 salary schedule will be increased by such percentage as is determined by dividing the difference between the respective indices by 133.3. Notwithstanding the provisions of Section 1 of this article, the union may, as of December 5,1972, reopen this agreement only as to union membership, rates of pay, fringe benefits (shift differential, holidays, vaca tions, insurance and uniforms) and any future reopen ers during the remaining term of this agreement. Such reopening must be made by written notice to the Commission at least 60 calendar days, but not more than 90 calendar days, prior to such date. (148) Reopener: During 1975 negotiations may take place on wages and vacations to be effective after December 31, 1975. The union will present their proposals, if any, for changes in wages and vacations not later than September 1, 1975 and negotiations on such proposals will begin during September 1975. (149) Classification and wages, attached hereto and made a part hereof, shall be the minimum in effect for the life of this agreement. Wage increases throughout the de partment may be considered by special negotiations at any time during the life of this agreement. The general wage schedule, Appendix A, attached hereto, may be altered by special negotiations at any time during the life of this agreement upon 30 days notice from either party. (150) If before the termination of this agreement either party wishes to reopen regular negotiations by means other than special conference on “ wages and fringe benefits” as defined below, the party wishing to reopen shall give written notice of reopening to the other party not less than 67 and not more than 97 consecutive calendar days immediately preceding June 30. If such notice is given, the other party shall enter into negotiations on “ wages and fringe benefits” . . . “ Wages and fringe benefits” for the purposes of reopening are: salary, sick leave, funeral leave, necessity leave, military leave, leave for court required service, life insurance, vacations, disability income benefit, retirement, retirement service award, early retirement, fee remission, hospital and surgical insurance, dental insurance, and accident insurance. Nothing in this entire agreement between the parties shall prevent them from negotiating any other topic by their mutual agreement to do so. Reopening only for nonwage items was provided for in a few agreements. The subjects of these reopeners could range from general topics such as working condi tions to specific items such as negotiation of a pension plan: Contract reopeners. Contract reopening provisions permit the further negotiation of wages and specified contractual matters at designated times during the con tract term. Reopeners give the parties more flexibility than deferred increases since changing conditions may be considered during negotiations. Most reopeners in this study involved wages, but at times they also included other contractual matters such as vacations, holidays, shift differentials, and union se cu rity . As a ru le, ag reem en t reo p en ers w ere scheduled for given dates following notice by one party to the other. A few allowed reopenings at any time during the life of the contract: (147) 45 (151) The union has bargaining rights for its members by virtue of this memorandum on the following subjects: A. Wages B. Hours C. Fringe Benefits D. Working Conditions Either party to this agreement shall have the right to reopen negotiations as to Item D above at any time by giving a 60 day written notice to the other party. During the negotiations and until final agreement, all provisions of this memorandum shall remain in full force and effect. (96) Pension Reopening: It is recognized that the hospital may consider dif ferent plans for employee pensions before the expira- enter into collective negotiation agreements providing for employee organization security of a type com monly known as “ agency shop” or in the event the New York Court of Appeals removes the legal imped iments to such form of employee organization security and in the event a substantially sized political subdivi sion of New York State enters into such an agreement, then CSEA shall have the right, prior to June 1,1974 to reopen contract negotiations with the State solely to seek establishment of an agency shop provision per missible in accordance with law. All other provisions of this agreement will remain in full force and effect during the course of any such reopened contract negotiations. tion date of this agreement. Therefore, it is hereby agreed that the hospital will provide adequate written notice to Minnesota Nurses Association to represent the professional nurses and to negotiate on their be half before any formal action by the hospital establish ing the terms of the pension affecting the professional nurses. Upon receipt of such notice, this agreement shall be reopened for the sole purpose of negotiating the terms and conditions of a pension for the profes sional nurse. (152) In the event that legislation is enacted which per mits public employers and employee organizations to Table 23. Selected wage provisions in State and county collective bargaining agreements by level of government, 1972-73 Level of government All agreements Provision State County Agreements Workers Agreements Workers Agreements Workers T o ta l................................................ 318 340,447 106 151,257 212 189,190 Wage surveys............................................... Longevity pay............................................... Work clothing and uniform allowances .... Safety equipm ent........................................ Automobile a llo w a n c e s .............................. Sh ift d iffe r e n tia ls ...................................... Deferred wage in c re a s e s ........................... Escalator c la u s e s ........................................ Contract reopeners..................................... 45 90 130 70 69 130 118 39 129 59,497 82,646 177,531 99,140 108,587 169,383 108,920 30,067 183,326 3 12 53 37 16 28 26 6 52 1,918 8,539 75,868 51,584 23,512 32,603 36,471 3,451 93,267 42 78 77 33 53 102 92 33 77 57,579 74,107 101,663 47,556 85,075 136,780 72,449 26,616 90,059 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. Table 24. 1972-73 Wage adjustments in State and county collective bargaining agreements by duration of agreement, Wage adjustm ents All agreements Duration Total ................................................ Less than 12 m onths.................................. 12 m onths.................................................... 13-23 m onths............................................... 24 m onths.................................................... 25-35 m onths............................................... 36 m onths.................................................... More than 36 m o n th s ................................. Not s p e c ifie d ............................................... Agreements Workers Agreements Workers 318 340,447 118 108,920 8 96 37 101 15 52 4 5 10,213 82,554 53,799 117,877 17,762 46,215 2,925 9,102 ____ ____ 11 24 46 9 27 4,935 36,948 40,904 9,488 10,533 — — 1 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. Escalator clauses Deferred wage increases 46 6,112 Contract reopeners Agreements Workers Agreements Workers 39 30,067 129 183,326 ___ ___ 2 23 14 52 8 24 4 2 2,050 20,944 27,178 70,597 14,120 39,242 2,925 6,270 2 4 16 6 10 — 155 1,361 12,106 7,123 3,210 — 1 6,112 Chapter 6. Leave Vacations year) shall be granted, accumulating at the rate of Wx working days per each full month of employment to employees serving one to 5 years. Employees with 5 to 15 years of service shall be entitled to annual leave with full pay (18 working days per year) accumulating at the rate of iVi working days per each full month of employment. Employees with 15 or more years of service shall be entitled to annual leave with full pay (21 working days per year) accumulating at the rate of 1-3/4 working days per each full month of employ ment. Such leave must be taken within each twelve months unless unavoidable conditions arise making it impossible. Such leave as is not used shall accumu late, except that such accumulation shall not exceed 30 days. Employees must complete six calendar months of continuous employment to be entitled to annual leave. Nearly four-fifths of the contracts studied contained provisions granting vacations to State and county em ployees, and two-thirds of these set forth the maximum length of vacation permitted (table 25). As a rule, the amount of vacation time was graduated relative to the w orker’s length of service, most commonly providing maximum annual leave of 4 weeks. In some instances, the graduated plan contained a ratio-to-work feature; that is, the rate at which a vacation could be earned was set by years of service while the actual vacation time accumulated during the year would depend upon the number of months worked: (153) Permanent employees with more than 1 year, but less than 3 years continuous service for the County shall be entitled to 1 week of 40 hours of vacation with pay. Permanent employees with more than 3 years, but less than 8 years continuous service for the County shall be entitled to 2 weeks or a total of 80 hours vacation with pay. Permanent employees with more than 8 years, but less than 15 years continuous service for the County shall be entitled to 3 weeks or a total of 120 hours of vacation with pay. Permanent employees with over 15 years continu ous service for the County shall be entitled to 4 weeks or a total of 160 hours of vacation with pay. Permanent employees with over 20 years continu ous service for the County shall be entitled to 5 weeks or a total of 200 hours vacation with pay. Permanent employees with 25 years of service for the County shall be entitled to 6 weeks or a total of 240 hours of vacation with pay. (154) Employees shall earn leave credits as of their date of hire. Leave shall be earned according to the following schedule: (156) Leave Entitlements Service Per year Per month Less than 1 year........................ 2 weeks 5/6 day 1 year to less than 15 years.... 3 weeks 1-1/4 days 15 years or more........................ 4 weeks 1-2/3 days A substantial number of agreements gave no details but instead referred to local ordinances or civil service and personnel regulations: In addition to this schedule, upon passage of ap propriate legislation employees shall be entitled to 25 days of vacation after 25 years or 300 months of ser vice. (155) Annual leave with full pay (15 working days per Beginning I through 5 years of service - 104 hours annual vaca tion. 6 through 10 years of service - 104 hours annual vaca tion plus 8 hours vaca tion credit for each three months of con tinuous service during the calendar year with a maximum of 136 hours. II through 19 years of service -104 hours annual vaca tion plus 8 hours vaca tion credit for each two months of con tinuous service during the calendar year with a maximum of 152 hours. 20 or more years of service —104 hours annual vaca tion plus 8 hours vaca tion credit for each month of continuous service during the calendar year with a maximum of 200 hours. 47 (123) Each employee shall earn vacation benefits as pre scribed in RCW 43.01.040 and RCW 43.01.043 as now or hereafter amended, and the rules of the Personnel Board promulgated thereunder. (106) Vacation leave shall be granted in accordance with the pertinent rules and regulations of the Director of Personnel and Standardization . . . . In determining an employee’s eligibility for vacation pay, as a general rule clauses instructed State and county administrators to consider paid time away from the job as time worked. On the other hand, a leave of absence for a substantial period (for example, 30 days or more) could result in a reduced vacation allowance: (110) (67) yearly vacation entitlem ents as accrued, if no emergency situation exists. In the event of recall under these circumstances, he shall be paid at straight time for vacation time lost, not in excess of his ac crued maximum yearly vacation entitlements, and in addition, regular pay for the time worked. Payment received for each such day worked shall extinguish a day of accrued vacation. . . . An employee on paid sick leave, jury duty, paid military duty, time on paid vacation or full pay status will be considered as time worked in determining va cation credits. (161) Where job demands resulted in a denial of leave, the employee was permitted to carry forward vacation cre dits, subject to a limit on accumulation. In other cases, vacation was considered waived where employees failed to take it: An employee’s paid vacation leave shall be adjusted (or prorated) to reflect time spent on unpaid leave(s) of absence totaling 30 days or more (i.e., for each 30 days spent on unpaid leave of absence an employee shall lose 1/12 of his regular paid vacation leave). V acation pay was usually calculated using the employee’s straight-time rate of pay. For those em ployees working shifts, the differential paid for shift work could be included in the computation: (125) (157) . . . Vacation pay shall be at an employee’s straight time hourly rate in effect at the time of taking such vacation. Vacation pay shall include shift differential pay for employees who have been regularly assigned to even ing or night shift for a period of at least four months prior to the time the vacation is taken. Employees so assigned to evening or night shifts for only a portion of their regular work week shall receive pro-rata inclu sion of shift premium in their vacation pay. Tempo rary assignments of such employees to the day shift shall not affect their right to receive such shift differ ential as part of their vacation pay. If a holiday falls during an employee’s annual leave period, such holiday shall not be charged against the annual leave. (159) When a holiday falls within an employee’s vacation period, one additional day’s vacation shall be granted. If an employee becomes ill while on vacation, the time of actual illness may be charged against accumulated sick leave, subject to sick leave requirements. (160) (33) All employees shall be encouraged to make use of earned vacation time in accordance with the provi sions of this agreement. In exceptional circum stances, the Countryside Home Administrator may allow an employee to carry over his vacation into the next ensuing year. Any employee who is given a reasonable opportunity to take his earned vacation and who does not do so, shall be deemed to have waived said vacation and shall not be entitled to com pensation therefore. The use of vacation time in small units shall be discouraged. Agreements 252 195 57 Workers 266,657 198,483 68,174 Vacations generally could be taken by employees at any time as long as the employer’s operation was not impaired as a result. Should the workload or other circumstances make it impossible for employees to take leave when they desired, the parties were to try to find another acceptable time. Agreements also permitted the employer to limit the length of any vacation (in effect causing an employee’s vacation to be split), to restrict the number of employees on vacation at any one time, and to govern the time periods during which vaca tions could be scheduled: Should any employee be called in during his vaca tion, he will not be required to report. If such em ployee elects to terminate his vacation and return to work, he will be credited with the vacation time re maining on his scheduled vacation record, beginning with the time he returns to work. (163) An employee who has accumulated the maximum vacation leave of 50 days will be granted his maximum The parties agree that when requested by the em ployee and authorized by the Department Head vaca tion time may be deferred for more than one year. Provided, however, an employee’s maximum current and deferred vacation accrual shall not exceed 40 days at any time. Total with vacation pro visions ................................ Reference to vacation scheduling.. No reference to vacation sched uling................................................ Should vacationing employees be called back to work, they retained their vacation credit for later use or they could receive vacation pay and pay for time worked. This option, however, was not available to the employee in some instances: (81) (162) Seventy-seven percent of the agreements referring to vacations contained provisions governing the choice of time off: If a holiday occurred during the employee’s vacation, either the employee would not be charged for that day as vacation or an additional day of vacation would be added to the beginning or the end of the leave period: (158) A vacation may not be waived by an employee and extra pay received for work during that period. 48 Vacation leave will be scheduled in accordance with individual employee’s requests. In the event workload or other similar circumstances result in a conflict or for any other reason an adjustment is re quired, every effort will be made to approve an alter native date acceptable to both the Department Head and the employee . . . . (164) (151) there were provisions stipulating that additional holi days declared by public officials would be observed: It is understood that the Sheriff may limit to two weeks the length of vacation any employee takes at one time; that he may limit the number of employees on vacation at any one time; that he may designate certain dates as periods during which no vacations may be scheduled and that he may alter or change vacation assignments when special circumstances arise. (2) Full time employees shall be entitled to time off with pay for the following holidays: New Year’s Day Martin Luther King’s Birthday Lincoln’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Day before Christmas Christmas Day Day before New Year’s Day All State and National General Election Days The day appointed by the Governor or President as Thanksgiving Day The Employee’s Birthday (29) Subject to conditions hereinafter set forth, the Col lege agrees to pay its employees 8 hours pay at their straight time rate exclusive of overtime premiums for the following holidays: New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving and the day following, Christmas Day and the day before or the day following Christmas and New Year’s Days (to be designated by the President) and Vi day in the after noon of Good Friday. (165) Holidays are defined as: New Year’s Day Washington and Lincoln’ Birthday Memorial Day Vacation will be taken in a period of consecutive days. Vacations may be split into one or more weeks, provided such scheduling will not interfere with oper ations. When several employees applied to take time off at the same time and only a few could be excused, selec tion was made on the basis of seniority: (102) (53) The scheduling of vacation periods shall be subject to the approval of the Department Director and in an emergency, may be subject to change. In case of con flicting requests for a vacation period, preference shall be given to the police officer with greater senior ity. Vacation shall be granted only at such time as work of the department will permit. Vacation schedules for each department shall be arranged by May of each year. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, or the time of the year when such vacation may be taken, then employees with the greatest seniority, within a classification, shall be given periods, with the exception that in the Highway Division, employees with the greatest seniority within a classification shall be rotated each year. Said rotation plan to be submit ted by the union prior to March 15 each year. Some contracts, on the other hand, left scheduling completely under the employer’s control: Independence Day Labor Day (117) Christopher Columbus Day Veterans’ Day Vacation time shall be taken only at a time fixed by the Department Head under whom such employee works. Thanksgiving Day Holidays Christmas Day Floating Holidays More than three-fifths of the contracts in the study contained paid holiday provisions (table 26). However, this proportion understates the prevalence of paid holi days since holidays for government employees can be legislated or determined administratively. Of the 199 agreements which had holiday provisions, over three-quarters provided for 9 or more paid holi days. These included traditional holidays such as Christmas and Independence Day and also reflected recent trends in holiday clauses negotiated in private contracts. Thus, agreements provided half-holidays, like Good Friday, and longer weekends by allowing additional time off on the day before or after a holiday. State and county agreements also contained flexible holidays, either the employee’s birthday or a floating personal holiday, which permitted the unit to stay open while the individual employee had time off. Finally, January 1 The third Monday in February The last Monday in May July 4 The first Monday in September The second Monday in October The fourth Monday in October The fourth Thursday in November December 25 Two days each year Every employee . . . shall be eligible for “floating holidays” on the following basis: (1) One-half day after full-time employment for at least 2 months but less than 6 months. (2) One day after full-time employment for at least 6 months but less than 12 months. (3) Two days after full-time employment for one year or more. . . . Floating holidays shall be taken during the calendar year earned at a time mutually agreeable to the employee and his department head. (159) 49 Employees shall be entitled to the following holi days with pay: The first day of January; . . . and every day appointed by the President of the United States or the Governor of the State of California for a public fast, thanksgiving or holiday . . . December 24 and December 31 shall be observed as half day (4 hours) holidays if those dates fall on Mon day, Tuesday, Wednesday, Thursday or Friday and providing that those days are not deemed holidays in accordance with the section above. (20) (1) The employee must be in active employment when the holiday occurs, that is to say, he is currently working or has worked at some time during the seven (7) calendar days immediately preceding or im mediately following the holiday, unless on sick leave. (2) The employee performed the required work on his last scheduled shift for him prior to the holiday and the first scheduled shift for him after the holiday. (3) If the employee was scheduled to work on the holiday and refused to do so, no payment will be made for the holiday. . . . Employees shall receive as an additional holi day or holidays for any special days or days declared by the President of the United States, the Governor of the State of New York, or the Executive of the County of Suffolk to be a non-working day for the majority of other county employees. Employees shall celebrate and receive holiday benefits for these additional holi days in the same manner as other holidays specifically named herein. Premium pay for work performed on holidays was provided for in 65 percent of the agreements with holi day provisions. Holiday premium pay provisions were most common in contracts covering blue-collar em ployees and in those activities involving continuous operations: Although election days were included as holidays in a majority of the agreements, for the purposes of this study they were not counted since elections are not annual occurrences as are the other holidays. Should a scheduled holiday fall on a weekend, agreements generally provided that the preceding Fri day would be observed for holidays falling on Saturday and the following Monday for those falling on Sunday. Provision could also be made for substituting days off where a holiday occurred on an employee’s scheduled day off: (166) (62) All agreements............... ....... With paid holiday pro visions .................................... Premium pay for work on holidays........................................... No reference to premium pay........................................... ........ No reference to paid holidays........................................... Monday shall be recognized as a holiday for all holidays occurring on a Sunday and Friday for all holidays occurring on a Saturday for those employees on a normal Monday through Friday work week. For other than these employees, the holiday shall be deemed to fall on the day on which the holiday occurs. (39) Whenever one of these holidays falls on Saturday, the preceding Friday will be observed. When the holi day falls on Sunday, the following Monday will be observed. When the designated holiday occurs on a scheduled day off in the employee’s workweek, the employee will receive an additional day off with pay, the time to be arranged with his supervisor who will make an effort to grant the additional day off as near as practi cal to the designated holiday. If an employee is absent on the working day im mediately preceding or immediately following the holiday he will not be paid for the holiday unless his absence is excused. However, if an employee is laid off for the period between the end of fall term and the beginning of winter term because of lack of work, he will receive the same holiday pay given to the rest of the employees. If an employee terminates his employment he will not receive pay for holidays occurring after the last day worked even though the holidays may fall within the period of his projected terminal vacation leave. 318 340,477 199 228,579 129 128,035 70 100,544 119 111,868 (127) Time and one-half the regular straight time rate will be paid for all time worked on a designated holiday in addition to holiday pay. (167) . . . Employees required to work on a holiday will be paid for that time at time and one-half their regu lar rate in addition to the holiday pay or be given compensatory time off at time and one-half within the pay period following the holiday, such compensatory time off date to be mutually agreed upon by the em ployee and supervisor. (168) All nurses required to work on a holiday shall be paid at double their regular rate, or shall receive their regular rate plus a compensatory day off with regular pay within a thirty-day period. Other payments for time not worked Reporting pay. Forty-four agreements provided for payments to employees who reported for work as scheduled only to find that no work was available (table 27). Reporting pay provisions serve to penalize man agement for not properly planning work or not giving workers adequate notice that their services would not To be eligible for a holiday, the following qualifica tions must be met: Workers Holiday premium rates could be expressed as the total rate achieved by combining into one scale the holiday pay and the pay for the day worked at straight time or overtime. In most instances, however, the pre mium rate was expressed as an amount paid in addition to holiday pay. Payments could be in cash or in com pensatory time: Clauses invariably specified eligibility requirements for holiday pay. Most commonly, to receive holiday pay employees had to work both the day before and the day after the holiday, unless excused. The employee had to be currently employed, not retired or on leave of absence, and had to work on the holiday if scheduled to do so: (3) Agreements 50 usually guaranteed 3 or 4 hours, generally at a premium rate: be required, and to compensate workers who, through no fault of their own, lose a day’s work. Reporting pay clauses generally provided a guarantee of a specified number of hours of work or pay for those reporting to work: (67) (169) An employee who reports to work on a regularly scheduled work day without previous notice not to report shall receive a minimum of four hours’ work (or four hours’ pay in lieu thereof) at his applicable hourly rate. An employee who is scheduled for work and reports to work, and there is not work available for him, may be excused from duty but shall be paid at his regular rate for the shift of work scheduled. The report pay requirement could be waived if no work was available because of an act of God, if the employer sent advance notice but the employee could not be reached, or if the employee refused alternative work offered. Should the employee actually start work before being excused, the guarantee might be extended to a full shift’s pay. In one instance, the obligation to pay could be waived by giving the employee notice, early in the shift, that work would be curtailed: (94) (105) An employee reporting for duty at the employer’s request for work which is outside of and not continu ous with the employee’s scheduled work period, shall be guaranteed three hours’ pay at the rate of time and one-half. (124) Employees called in to work in the Maintenance Department outside their regular shift shall be guaran teed four hours pay based on their regular rate at time and one-half. (62) An employee reporting for emergency duty at the employer’s request for work which he had not been notified in advance and which is outside of and not continuous with his regular work period, shall be guaranteed at least three hours pay at the rate of time and one-half . . . . In one instance, limited to emergency duty, em ployees were granted travel time in addition to a guaran teed minimum time at a premium rate: (115) An employee who reports for work at the start of his regularly scheduled shift and is sent home because there is no work available for him shall receive four hours of pay for so reporting at the rate he would have received on his own job. If such employee is put to work he shall be guaranteed a minimum of four hours of work or four hours of pay in lieu thereof. This reporting pay provision shall not apply when the em ployee was advised in advance that there would be no work, was not reasonably available to receive such notice, has no telephone, or when offered work for such four hour period refuses to perform the same. If an employee is called back for emergency duty after the close of his regular shift, this emergency duty not being a continuance of his shift and not following immediately after the close of the shift, such employee will be paid for a minimum of two hours of work at the overtime rate. Employees called for such work will be paid for time to reach the University and for time to return home in addition to the two hours minimum overtime with no more than a maximum of one hour travel time each way. As with reporting pay clauses, call-in/call-back pay provisions were most numerous in agreements for blue-collar employees. Rest periods. Paid rest periods were provided for in more than one-third of the agreements. However, the practice is probably more widespread than this figure indicates. Rest period provisions generally permitted 10- or 15- minute breaks, twice a day, and were de signed to provide scheduled periods of relaxation away from the strains of the job. The time allowed could not be used to shorten the work shift nor could it be post poned or accumulated except by specific authorization. Management, in addition, could reserve the right to schedule rest periods and could also require that qual ified relief personnel be available for employees on break: An employee who is scheduled for work and reports to work will be paid for a minimum of four hours on his scheduled shift whichever is lesser. However, unless an employee is notified during the first two hours of his work period that his shift is being curtailed, he will be paid for the remainder of his scheduled shift. This obligation to pay will not apply when interruptions of work caused by an act of God. Nothing herein con tained is intended to deny the employer the right to require the employee to work during the period for which he is being paid. Call-in/call-back pay. More than half the contracts in the study, covering over three-fifths of the employees involved, guaranteed a minimum number of hours of pay when employees were called back to work out side of regularly scheduled work periods (table 27). Clauses only applied to time worked which was not continuous with the employee’s normal hours of work. The minimum hours requirement insured those em ployees called back that they would receive at least the specified amount of work, or pay in lieu thereof, in situations where little or no work actually de veloped during the call-back period. The agreement (170) 51 (171) All employees in the bargaining unit shall receive a fifteen minute rest period every four hours working time to be taken insofar as practicable in the middle of such working period. (172) All employees shall receive one fifteen minute rest period during each one-half shift except that those employees in positions which require the uninter rupted presence of an employee shall receive such rest period only when qualified relief is available and prac ticable. The employer retains the right to schedule employees’ rest periods to fulfill the operational needs ticipation as jurors or witnesses (table 27). Of the total, 76 contracts provided for jury-duty pay, 6 for courtwitness pay, and 58 for both. One additional agreement made reference to a local regulation covering jury duty. Selection for jury duty is usually made from voter registration lists and is considered a civic duty. The call as a court witness, on the other hand, may result from actions taken as a government employee. Agreements providing for jury-duty pay generally compensated em ployees for the difference between pay received as a juror and the amount they would receive if working full time. This could be achieved by paying the employee the cash difference or by paying the normal salary and requiring the employee to turn over any jury service fees to the employer. Payments for costs of travel, meals, and lodging could be retained by the employee: of the various work units. Rest periods may not be postponed or accumulated—if an employee does not receive a rest period because of operational require ments, such rest period may not be taken during a subsequent work period. (138) Coffee breaks and/or rest periods shall be allowed to continue but said coffee breaks and/or rest periods shall not exceed two per day and no period shall exceed ten minutes duration. The Department Head shall schedule coffee breaks and/or rest periods for all employees. Wash-up/clean-up time. Clauses setting aside time for washing up were present in 43 of the agreements studied (table 27), and were most often found among those involving blue-collar occupations. Paid time could apply to personal clean-up only, to cleaning of tools, or to both. Most provisions allowed employees a reasona ble amount of time to wash prior to the meal period and at the end of the shift. Time limits could be placed on such paid activity, and, in some instances, the employer determined those employees entitled to use the time. One provision stated that should clean-up time extend into a meal period or beyond the end of the shift, it would be counted as time worked and accordingly paid for at the employee’s overtime rate: (105) (35) (90) (169) Whenever the job being performed or the material or equipment being used has caused an employee to become dirty, the em ployee shall be allowed a reasonable amount of time without loss of pay prior to any meal period or prior to the completion of their work day to clean themselves. Cleamup time for equipment shall be considered as part of the em ployee’s work day. Employees shall be granted a reasonable personal clean-up period, not to exceed fifteen minutes, either immediately prior to the end of the day, or if the em ployee is held over beyond the regular work day, immediately prior to the end of such “ hold-over” period, whichever occurs later. Each regular or part-time employee will receive leave for jury duty. An employee on such leave will be paid the difference between the pay actually re ceived for such attendance, and the pay the employee would have received if not on such leave. A part-time employee will receive a proportionate benefit under this paragraph. (58) On proof of necessity of jury service, an employee shall be granted leave with pay without charge to leave credits, provided that he shall have agreed in writing prior to and as a condition of the granting of such leave to deliver to his appointing authority for transmittal to the Comptroller for deposit in the general fund of the State fees paid him for jury service. Leave with pay for jury service shall mean leave at the rate of pay the employee would have received had he not been on such leave. (173) . . . Expenses reimbursed by the court for travel, meals, room, hire, etc. shall be retained by the person and shall not be considered part of the jury fees . . . . Under a few provisions, employees could choose to use their vacation or overtime credits while on jury duty, thereby in effect receiving additional compensa tion: Employees shall receive reasonable and adequate wash-up time immediately prior to their meal break and immediately prior to the end of the shift. The em ployer shall determine those positions which shall qualify for wash-up time. (65) Employees shall be allowed a reasonable amount of time without loss of pay prior to any meal period and prior to the completion of their work day to clean them selves and their equipment. Clean-up time extending into a meal period or past the end of the work day shall be counted as time worked and the em ployee shall be compensated for such time at the overtime rate . . . . An employee serving on a jury shall remain on the payroll and receive the difference between his regular normal pay and the amount he receives for jury ser vice, or he may elect to use accumulated vacation, holidays, and overtime credits which may be due him and in which case he shall receive his pay for jury service plus full pay. Agreements providing for witness pay might stipulate that court appearances had to be job related and made pursuant to a subpoena. This requirement applied to all government workers called to testify concerning some aspect of their employment or department business, but especially to police: Jury-duty and court-witness pay. In the present study, 44 percent of the agreements, accounting for 57 percent of the employees, included provisions for protecting employees against loss of income while appearing in court as a juror or witness, and encouraging their par (21) (174) 52 Any employee called or who is served with a sum mons or subpoena as a witness for official business concerning the Department of Correction will be paid full pay while serving as such witness. (175) The County Engineer shall grant full pay when an employee is subpoenaed for any court or jury duty by the United States, the State of Ohio, or a political subdivision. All compensation received for court or jury duty shall be remitted by the employee to the Treasurer of the State of Ohio, unless such duty is performed outside of normal working hours. (170) An employee who loses time from work during his normal schedule of work because of jury duty service or to testify pursuant to a subpoena shall be paid for such time lost at his hourly rate. Jury duty and witness fees shall be offset against such pay. Except as other wise provided in this agreement, such jury duty and witness service shall be considered time worked. The employee shall furnish the Employee Relations Office a written statement from the court showing the days and the amount of jury duty or witness fees he was eligible to receive for each day. An employee tem porarily excused from attendance at court shall report for work during the excused period. Voting time. Eight agreements granted time off with pay to vote or to register to vote. As a rule, these matters are dealt with by statute or executive order, and election day, as noted previously, is observed as a holiday in many jurisdictions. As spelled out in a few agreements, considerations in scheduling time off in clude the location of the polling place, necessary travel time, the hours the polls were open, and the employee’s work schedule. Advance applications for paid voting time might be required: (134) (176) Employees with less than a full year’s service as of January 1 of any year accrue sick leave at the rate of one working day for each month of service. Em ployees with one year or more of continuous service as of January 1 of any year are eligible for up to twelve working days of sick leave on January 1 of each year. Such paid sick leave . . . may be used for absences due to illness and for non-emergency medical and dental care. ( I ll) All employees of the . . . Highway Department will be allowed one day of sick leave for each work month of 128 hours or more. No employee shall Jbe denied the accumulation of a day of sick leave because he failed to accumulate the minimum number of hours due sol ely to his having been injured on the job; or having exercised accumulated sick leave or accumulated va cation time. Sick leave shall be accumulated up to 120 days at the aforedescribed rate . . . (13) All employees, except part-time and temporary employees, shall earn paid sick leave credit at the rate of one and one-quarter work days for each completed calendar month of service. Unused sick leave credit may be accumulated to a maximum of 90 work days. Most provisions established rules designed to pre vent abuses of sick leave, including requirements to report illnesses and to provide medical certification: The County agrees to allow each employee, who is a registered voter, a reasonable amount of time off, with pay, to vote in each local and general election. Voting time will be scheduled in such a fashion as to not interfere with normal work production. The location of the employee’s precinct and the employee’s work schedule shall be considered in scheduling time off. Scheduling of such voting time may be posted as early as ten working days prior to the election. Subject to the operating needs of the Suffolk County Jail; as determined by the Sheriff, leave of absence without loss of pay will be permitted for the following reasons . . . (h) Voting time up to a maximum of 2 hours for voting in a state, municipal or other election, provided that the hour of opening and closing the polls in the city or town in which an employee is registered to vote would preclude him from voting outside regular work ing hours, taking into consideration travel time from the polls to his regular place of employment, or vice versa . . . . (177) . . . Whenever possible, employees must submit their request for sick leave in advance of the absence. When an employee cannot obtain advance approval of his absence, it shall be his responsibility to notify his work station by telephone or other means as soon as possible after his normal reporting time. Supervisors shall be required to answer requests for sick leave promptly. Employees utilizing leave under this sec tion shall furnish a statement from a medical prac titioner upon the request of the employer for absences in excess of three work days, or when the employer has reasonable reason to believe that an employee has abused or is abusing sick leave. (160) When an officer or employee is absent on sick leave for seven consecutive days, the department head may require him to furnish a certificate from the doctor attending him certifying to the nature of his illness, that he may return to work and perform his normal duties and that he will not jeopardize the health or safety of the other employees. Upon his failure to furnish such certificate, when requested, he shall be listed as absent without pay for the period involved . . . . While these requirements served to discourage abuse of sick leave, almost one-third of the provisions con tained positive incentives not to use sick leave unneces sarily by granting conversion rights. These allowed the exchange of unused days for other leave or pay. Con version generally occurred when employment was ter minated or the employee retired. Other agreements provided for cash payments to employees as a specified proportion of total accrued sick leave. Clauses, in addi tion, might provide that payments would be made to the employee’s estate in case of death: Sick leave. Eighty-four percent of the agreements in the study, covering 87 percent of the employees, provided for leave with pay for nonoccupational illness or injury (table 27). Clauses commonly set forth the number of leave days that employees earned per month or pay period, and established limits on the amount of leave that could be accrued: (40) 53 (145) Employees leaving the Macomb County Road Commission shall receive all pay which may be due them plus accrued vacation credit. In addition: An employee who leaves employment because of retirement shall be paid for fifty percent of his ac cumulated and unused sick leave at employee’s then current rate of pay. In case of death, payment upon the same basis shall be made to the deceased employee’s estate. An employee leaving county service after five years of continuous employment shall receive payment rep resenting twenty-five percent of his accumulated and unused sick leave, com puted on the basis of employee’s salary at termination of employment. An employee leaving county service after ten years of continuous service who is not eligible for retire ment, shall receive payment representing fifty percent of his accumulated and unused sick leave, computed on the basis of employee’s salary at termination of employment. (178) An employee will be paid fifty percent of his ac cumulated sick leave upon retirement, or in case of death to employee’s beneficiary. (143) Employees shall be compensated in cash for one hundred percent of any accumulated unused sick leave when they are permanently separated from employment. In the event of death, payment is to be made to the estate of the employee. The amount of payment for all unused sick leave is to be calculated at the employee’s rate of pay in effect on the payday immediately preceding the employee’s separation. Funeral leave. Funeral leave was granted to employees in 63 percent of the contracts (table 27). Almost threequarters of these specifically applied to paid funeral leave while the remainder allowed employees to use other accumulated leave for such purposes. Paid fun eral leave was generally restricted to deaths in the worker’s immediate family and limited to three days. However, the length of leave could be longer or shorter and the definition of “ immediate family’’ also varied: (179) In the event of the death of an employee’s spouse, or the son, daughter, parent, grandparent, brother, sister (or the spouse of any of them), of either the employee or his spouse, or of any other related person living in the employee’s household, an employee who attends the funeral shall be granted time off work with pay (maximum of eight hours a day at his hourly rate plus shift premium, if applicable). The amount of time off work with pay shall be only that which is required to attend the funeral and make necessary funeral arrangements, but in no event shall it exceed three work days. (180) Leave with pay up to the number of duty hours equal to the normal duty week . . . shall be granted by the department head in case of the death of a mother, father, spouse, sister, brother, son, or daughter. Be reavement leave in case of death of other persons may be granted only upon approval of the County Adminis trator. Bereavement leave shall be charged against accumulated sick leave. (6) Employee shall be allowed to charge absences from work in the event of death . . . in the employee’s im mediate family against accrued sick leave credits up to a maximum of 15 days in any one calendar year. For the purpose of defining eligibility for paid leave because of . . . death in the family, the term “family” shall be defined as the employee’s spouse, child, par ent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law or relative living in the employee’s household. Requests for bereavement leave shall be subject to approval of the appointing authority; such approval shall not be unreasonably denied. Agreements might also provide for conversion to other benefits, such as additional retirement service credit or credit for the purchase of health and accident insurance after retirement: (152) (65) At retirement after completion of 20 years of service or attainment of the mandatory retirement age an of ficer will be granted additional retirement service cre dit, on a day-for-day calendar day basis, equal to the amount of accumulated unused sick leave, up to a maximum of 165 days. No payment will be made for such leave nor will the value of accumulated sick leave be part of final average salary. In some instances, evidence of death was required: (118) All employees covered by this agreement who actu ally retire from County service and apply (within 60 days of last day paid) for a retirement annuity from the . . . Retirement Fund, which annuity must ex ceed $10 per month, shall have their sick leave credits (at the time of their retirement) converted to a mone tary value (days of credit times normal daily rate of pay received immediately prior to retirement) which total shall be available to pay such hospital, surgical and catastrophic insurance costs as may be charged such employees and their dependents by the company or companies carrying . . . Group Hospital, Surgical and Catastrophic insurance. In the event that the re tired employee shall precede his spouse in death and there remains at that time to his credit a balance, such balance shall be used to purchase health and accident insurance for the surviving spouse so long as the spouse is alive and there remains a balance in the fund. An employee covered under this agreement shall be granted up to a maximum of four working days with pay due to death in the family. Immediate family shall include parents, spouse, children, brother, sister, grandparents and grandchildren, persons occupying the position of parent of the employee or spouse or any relative who is an actual member of the employee’s household. This absence must be re ported to the Department Supervisor on the first day of absence. Upon reasonable doubt, the department head or his designee may request the employee to submit a notice of death or other evidence attesting to the validity of the absence. Military service leave. Paid leave for short tours of military duty was designed to insure a continued level of income for employees attending summer training camp 54 or called up for emergency duty. Military pay arrange ments were provided in over one-fourth of the agree ments studied (table 27).5 The amount of pay varied. Some agreements pro vided for the continuation of full pay while on active duty, and others made up the difference between the employee’s military pay and regular salary. Also, the method of payment could differ for emergency duty as against training sessions. Employees applying for mili tary service leave could be required to provide the em ployer with a copy of orders to report, a military pay voucher, or other proof of attendance. One provision stated that any time off requested in addition to that specified by military orders would be charged to leave without pay, vacation, or compensatory time: (181) Every employee of the Road Department who is a member of the . . . National Guard or of the regular or reserve armed services of the United States shall be granted leave of absence in order that the person may take part in active military duty in such manner and at such time as he may be ordered to active duty. Such military leave of absence shall be in addition to any vacation or sick leave the employee might otherwise be entitled, and shall not involve any loss of privileges or pay. During the period of military leave, the em ployee shall receive from the county his normal pay. (167) Employees who are affiliated with National Guard units and who may be called for active duty by official State or Federal declaration, under emergency condi tions, will continue to receive their regular salary or wages for a period up to five working days of service, with the provision that they remit to the University their military pay for those days which would have been their normal work days at the University. In those instances where an employee’s military pay ex ceeds his University pay, only the amount equivalent to the University pay for the days involved is to be reimbursed to the U niversity. For periods of emergency military service in excess of five days, separate decision will be rendered for each individual concerned. Employees with ninety or more days of University service, who are members of the National Guard or Military Reserve units and required to attend annual reserve training periods or encampment programs shall receive make-up pay for a period not to exceed fourteen consecutive calendar days in any one calen dar year. The make-up pay shall be the difference between Government pay and the straight time base hourly rate of the employee multiplied by eight hours for each day of his normal work schedule. An em ployee must file a copy of his orders with the Person nel Department and will be placed on military leave of absence without pay. In order to receive make-up pay under this provision, each employee shall be respon sible for furnishing proof of attendance and a state ment of Government pay received. (172) have permanent status and who are members of either the national guard, state guard or any other reserve component of the military forces of the United States or the State of Wisconsin, now or hereafter organized or constituted under federal and state law, paid leave of absence which shall not exceed 15 work days in any calendar year. Such leave shall be provided without loss of time in service of the state to enable employees to attend military schools and annual field training or annual active duty for training and any other federal tours of active duty which have been duly ordered and held. Such paid leave shall not be granted to em ployees who are serving extended active duty or for service as a member of the active armed services of the United States, or for absences of less than three consecutive days. The actual number of work days granted an em ployee as military leave shall correspond to the number of work days he or she is absent from his or her work station. The period of authorized leave shall be determined by the starting and ending dates of the training period as determined by the pay voucher or other payroll document received by the employee at the conclusion of the training period. This document shows the number of days and inclusive dates for which military pay was received, including authorized travel time, if applicable. Military orders include ample travel time via the most rapid mode of transpor tation available and for which transportation or actual reimbursement is made by the military, therefore ad ditional travel time required by the employee to ac commodate a different mode of travel elected by the employee must be charged to leave without pay, vaca tion or compensatory time. Personal leave days. Paid personal leave provides em ployees with the opportunity, without sacrifice of sal ary or vacation time, to take care of business, family or other matters that can only be dealt with during normal working hours. Personal leave provisions were in cluded in approximately 16 percent of the agreements (not including personal leave days provided under holi day clauses). (See table 27.) Time off was generally limited to a total of 2 to 5 days per year, and could be taken either in units of entire days or in smaller incre ments of 1 to 4 hours. Most provisions stipulated that leave would not be cumulative. However, one ar rangement permitted the conversion of any unused per sonal leave into additional sick leave. Employees might be required to request leave in advance, might not be able to use personal leave for funerals and illness, and might find such leave cancelled during emergencies: (89) Two days of personal leave shall be granted to each employee during each calendar year. Personal leave days shall not be cumulative. A new employee shall be granted one day of per sonal leave on his first day of work and if this is during the months of January through June, a second day after six months of service. Thereafter, they shall be granted in accordance with Section 1. (156) All County em ployees shall be credited with twenty-four hours of personal leave each calendar The employer agrees to provide employees who 5Since the Universal Military Training Act requires reinstatement of employees who are drafted, or who enlist, for regular tours of duty, leaves of absenc-e for such military duty are not included in this study. 55 year. Said personal leave credit is nonaccumulative. Request for personal leave should be made at least twenty-four hours in advance from either an im mediate supervisor or the Department Head. The De partment Head shall honor such request to the fullest extent possible consistent with the effective conduct of County business. Personal leave credit shall be charged at the rate of eight hours including lunch period for any personal day used except during the months of July and August when such personal leave credit will be charged at the rate of seven hours per personal leave day used. No personal leave credit charge can be less than two hours. (20) (130) Every employee shall be entitled to five days on which he may absent himself from duty for the pur poses of taking care of and providing for his business affairs, family affairs and other personal problems which shall not, however, include absence for funer als or illness. Personal leave days shall not be pro-rated for por tions of a year worked, but the full entitlement shall be given to an employee who is employed at any time during the calendar year, except for the first year of employment, for which the employee shall be entitled to one day for each fifth of a year or part thereof. Unused personal leave days at the end of a calendar year shall not be lost but shall become part of the employee’s accumulated sick leave. An employee selecting a personal leave day shall be given preference over an employee selecting his com pensatory time. The County shall not cancel personal leave days except for public emergencies and the actual full mobilization of the department unless an employee is served with a subpoena at least two working tours before the commencement of the tour of the leave day or the time reporting, whichever is applicable. If per sonal leave is nevertheless cancelled, except as pro vided above, the employee shall not be charged for the use of a personal leave day and shall receive recall pay in accordance with Section 18 of the present agree ment. Upon separation from service, after twenty years, for any reason, other than cause, or upon the death in service of any employee or upon retirement qualifying for either ordinary or accidental disability under the Retirement and Social Security Law of New York State, such employee or his legal representative, shall be entitled to cash payment for accumulated terminal leave computed on an entitlement basis of four days for each year of completed service. A member’s enti tlement to termination pay shall be pro-rated on a portion of a completed year worked, pursuant to limi tation of Section 431 of the New York State Retire ment and Social Security Law. Year of completed service shall only include time served as a member of the Police Force of the County on a full pay status, while on a military leave of absence pursuant to Sec tion 243 of the Military Law of New York State and time actually credited toward retirement benefits for service during World War II as provided in Ordinance #298-1970. Under two agreements, employees could choose re tirement leave or a cash payment: (182) Upon retirement, nurses shall have the following option: (1) A retirement leave may be taken under the existing County plan, or (2) The nurse may elect to receive payment in a lump sum of retirement leave benefits, to which she is entitled on her last day of work, not exceeding thirty days of sick leave retirement allowance and twentyfive days of vacation leave. Under this option the payment to such nurse of her County pension and annuity benefits shall be post poned until the total number of retirement leave days for which she has been paid have expired; provided, however, that no nurse shall accrue additional bene fits during such period. Such retirement payments shall be calculated at the rate of pay in effect for such nurse on her last day of work. Unpaid leaves of absence Terminal leave. Terminal leave clauses, found in only 8 agreements, generally granted employees paid leave commensurate with their length of service at the time they left government employment. Provisions could make benefits available not only to retirees, but also to employees who resigned and to dependents of those who died. The amount of terminal leave was set forth, and eligibility restricted to those with long service with the State or county: (81) Leave fo r union business. Nearly one-third of the agreements, covering two-fifths of the workers in the study, granted unpaid leaves of absence for union busi ness (table 28). Employees elected or appointed to posi tions with the union were commonly allowed leaves for 1 year; however, provisions granted extensions or per mitted longer leave periods. A common stipulation lim ited leave to one person per work unit and established a minimum length of service requirement for any em ployee seeking a union leave of absence: In addition to regular vacations, when an employee leaves county service during the course of the year for reasons of retirement, resignation, or death, he shall receive a vacation credit of one day for each complete month worked during the year not to exceed ten days for an employee with under ten years service, and not to exceed eleven days for an employee with over ten years service. This does not apply to an employee with less than one year service nor an employee dis charged. (183) 56 [The union] may have not more than one employee in the unit on leave of absence to accept employment with [the union]. These leaves are subject to Civil Service Rule 17. The employee must have a minimum of one year’s continuous employment with the County. The re quested leave shall only be granted if the prime reasons for the leave shall be to conduct [union] busi recognized college or university to take a course that is allied to the duties of the employer. An employee on leave pursuant to this paragraph shall not earn sick leave, vacation or increment credits nor shall he be entitled to hospitalization benefits. He will return to work at the same grade and step as when he started his leave. ness as it is related to County functions. The leave shall be without County pay or benefits of any kind. In no case shall an individual employee’s leave extend beyond a year. Except by mutual agreement, no more than one employee shall be on such leave from any given department. (184) Any employee elected or appointed as an employee of the union shall be granted a leave of absence with out pay for a period not to exceed two years which may be extended by agreement of the parties. Such leaves shall not be granted in excess of one employee for Union Local No. 1607. One agreement continued an employee’s salary while on leave, but required the union to reimburse the em ployer: (6) A permanent employee or employees nominated by the union may be granted by the employer leave of absence with full salary from their regular position for the purpose of serving with the employee organization subject to the conditions of this section. Each such leave, its term and renewal, shall be subject to the discretionary approval of the Director of Employee Relations. The union shall periodically, as specified by the Director of Employee Relations by the em ployer during such leave of absence together with the cost of fringe benefits at the percentage of salary or wages as determined by the Comptroller. The union shall purchase an insurance policy in the form and amount satisfactory to the Director of Employee Rela tions to protect the State in the event the State is held liable for any damages or suffers any loss by reason of any act or omission by such employee during the period of such leave of absence with full salary. Leaves up to one academic year without pay shall be granted upon request to those persons who wish to advance their professional growth through such methods as industrial experience, travel, research, consulting, etc. after approval by the president of the college. (89) Any appointing authority with the advance ap proval of the Personnel Committee and the Depart ment Committee for his department, may grant a leave without pay to an employee of the county for a period not to exceed one year for the purpose of enrolling in a Educational leave without pay for a period not to exceed two consecutive years may be granted for the purposes of obtaining additional educational training. Such two-year consecutive educational leave shall depend upon an employee’s successfully completing the first year of educational training . . . . (151) An employee may apply for educational leave after 120 or more days of service with the County. He shall be reinstated with full seniority at the completion of his leave, provided: 1. He declares his intention at the time of applica tion to return to the County within nine months from the start of his leave. 2. He reaffirms this intention in writing every three months from the start of his leave. 3. He does so return to work at the County. 4. If educational leave is not granted, the reason for the denial shall be furnished the employee in writ ing. Such leave shall be without pay. Maternity leave. Maternity leaves of absence were found in two-fifths of the agreements studied (table 28), most frequently in contracts involving social welfare, education, and health and medical services, where employment of women is high. Clauses often required a minimum time in service for eligibility as well as a statement from an attending physician indicating the expected date of delivery so that State or county administrators could set the date leave had to start. The effective date for maternity leave often varied. One agreement did not permit employees to work past the third month of pregnancy without written consent and in no case beyond the fifth month. More commonly, maternity leave commenced in the seventh month; however, leave could start at a later date if approved by the employee’s physician. Agree ments could specify the maximum amount of leave, including regular leave and any extensions, that would be permitted. Failure to return to work on schedule could result in termination of employment. Employees on leave might be required to give advance notice of their return to work and to furnish a certificate declaring their ability to return. One agreement mentioned its com pliance with Equal Em ploym ent O pportunity Commission guidelines on maternity leave and also re quired that a request for an extension of leave to cover birth-related complications had to set a return date so that the employee’s substitute might be informed: Education leave. Ninety-one agreements permitted employees to take leaves of absence to further their education (table 28). While the length of such leaves varied, m ost allowed periods of one calendar or academic year. One agreement, which provided for up to two years of educational leave, made the second year’s grant contingent upon successful completion of the first year’s training. Provisions could specify that the course of study had to be work related, that advance approval had to be secured and written reasons of denial given, that the leave would not be disruptive to the work, that benefits would not continue during the employee’s absence, and that the employee had to register intent to return to work: (185) (118) (32) 57 Maternity leave, not to exceed twelve months, with a doctor’s certification . . . may be renewed or ex tended for six months. No employee will be continued abortions or premature births. Leave could be extended to mothers adopting children, and some provisions guaranteed that benefits would be the same as for other leaves of absence without pay. However, the employee might be allowed to use accumulated sick leave. One agreement included a penalty for falsifying the date of conception or the length of pregnancy to receive longer leave than justified: on the job beyond her third month of pregnancy with out the written consent of her personal physician and the approval of the Medical Director and in no case will such employee be allowed to work beyond the fifth month of pregnancy. (147) (184) Female employees with one year or more of senior ity may be granted a maternity leave of absence with out pay. Such leave shall normally be taken by the employee beginning in the seventh month of preg nancy. However, an employee in a job classification that does not involve vigorous physical activity may, at the option of the Commission, be permitted to work beyond the seventh month if she desires to do so and presents a doctor’s statement that further employ ment is medically approved. The employee must give the Commission at least two weeks’ advance notice of the date she intends to return to work, and must return to work within three months of the termination of the pregnancy, provided, however, that for good and suf ficient cause the date of return may be extended by the Commission to six months from the date of termina tion of the pregnancy. To return to work at any time after a pregnancy, an employee must provide a doctor’s statement that such employment is medically approved. Title 29, Chapter XIV, Part 1604 of the Code of Federal Regulations requires that . . . County com ply with the guidelines on employment policies relat ing to pregnancy and childbirth which have been set forth therein by the Equal Employment Opportunity Commission. In accordance with these guidelines, the County agrees to the following provisions: (a) An employee shall be permitted to continue working beyond the end of the seventh month of preg nancy, provided that a statement is furnished by her physician certifying that the employee is physically able to perform her regular job duties. (b) An employee may request a leave of absence without pay, as set forth in Paragraph 75. (d) to cover disabilities relating to pregnancy, childbirth and re covery therefrom. The leave must be for a definite period of time so that the substitute may know her status. The employee must return at the close of her leave or forfeit her position seniority. Mandatory leave dates may be affected by a recent United States Supreme Court ruling in which the court struck down requirements by two school boards which made maternity leave compulsory after the fourth and fifth months of pregnancy respectively.6 As a ru le , m ate rn ity leave sta rte d w hen the employee’s physician declared that the employee was unable to continue work. Provisions might also specify that the employee had to return to work within a stipu lated number of weeks following delivery; less fre quently, they might allow leave to continue until the employee’s doctor certified that she was medically cap able of performing her normal duties. Employees were generally required to give advance notice of maternity leave, which included the expected date of delivery. This notice requirement could be waived in the case of 64 14 U . S . 632. 58 (142) Maternity leave shall be without pay and will be granted upon the application of the employee in writ ing and shall begin when the employee is no longer physically able to perform her job. Such application shall include a statement from the employee’s physi cian indicating the expected date of delivery. Em ployees who fail to apply for maternity leave and fail to report to work due to the delivery shall be termi nated. Maternity leave shall end and an employee must return to work not later than sixty calendar days following the date of delivery or the date on which the employee is no longer pregnant unless a doctor has certified in writing to the employer that the employee is unable to return to work at that time for medical reasons, and in that event she will be continued on maternity leave for not longer than an additional sixty calendar days. Employees on maternity leave shall receive the same benefits an employee would receive if she took a leave of absence without pay, as provided for in this agreement. This article shall apply to mothers adopting children under the age of six. (186) Employees who become pregnant shall be granted a maternity leave of absence during the period between the date the employee’s doctor certifies that the em ployee is medically incapable of performing her nor mal duties and the date the employee’s doctor certifies that she is medically capable of renewing normal working duties. Employees may be entitled to the use of accumu lated sick leave benefits during such maternity leave only on the actual working days missed. In order to be eligible for such maternity leave, the employee must notify her department head at least three months prior to her expected date of delivery of her wish to take a maternity leave of absence. Abor tions or short term pregnancies shall be exempted from the notice requirements in this paragraph . . . (10) Female employees shall be entitled to such neces sary leave prior to and following delivery as is recom mended by the employee’s physician without loss of seniority; however, it is further agreed that due to the nature of the work and the possibility of physical injury to the pregnant employee, leave of absence for pregnancy shall commence at the time indicated in writing by a physician. The employee shall submit a physician’s statement to the personnel office at the end of the fifth month of pregnancy and from time to time thereafter at the request of the employer. Said statement must include the estimated delivery date and a statement that the employee is able to perform her full duties and responsibilities without restric tions. The employee must return to work in her same classification within eight weeks after the week of birth; however, the time for return to work shall be extended by the em ployer upon receipt of a end of the leave period. Employees could return early with employer approval: physician’s written recommendation. Should any em ployee deliberately and intentionally falsify the date of conception or length of pregnancy in order to nullify the effect of the above requirements, said employee shall be suspended without pay for six months (the limit on suspension in Article VI notwithstanding). Several contracts contained procedures for resolving disputes concerning the start of maternity leave or re q u ests for leave e x ten sio n as c ertified by the employee’s physician. Resolution of the dispute usually involved submitting the issue to an impartial physician: (187) (125) Whenever a nurse shall become pregnant, she shall furnish the Department with a certificate from her physician stating the expected date on her delivery. She will be permitted to continue to work provided her physician certifies that she is able to continue working and provided further that if the Superintendent shall contend that the nurse is not able to continue working, the matter shall be submitted for decision to an impar tial physician jointly selected by the Department and the Association. If agreement cannot be reached upon the selection, the physician shall be selected by the Dean of the Harvard Medical School. The decision of the physician shall be binding upon all parties. Mater nity leave will be granted for a period up to three months after the termination of pregnancy, and the nurse will be reinstated to her former position at the expiration of said leave if she is physically qualified to perform the duties of such position. (107) Leaves of absence for reasonable periods not to exceed two years will be granted without loss of seniority for good cause, and such leave may be ex tended for like cause. (188) Leaves of absence up to three months without pay may be granted in cases of need for those employees who have acquired seniority under this agreement. Leaves may be granted for such reasons as settlement of an estate, serious illness of a member of the employee’s family, temporary termination of the employee’s work, or an extended trip but not for the purpose of obtaining employment elsewhere. Leaves of absence for like causes may be extended for addi tional three month periods, but the total leave time shall not exceed one year. (68) Written leave of absence, without pay, for periods not in excess of six months in any year may be granted by the employer to any full-time employee providing said employee does not accept employment elsewhere or become self-employed. The employee, to whom written leave of absence has been granted, shall be entitled, at the expiration of the time stated in such leave, to be reinstated to the position in which he was employed at the time the leave was granted. (178) A regular employee may be granted leave without pay by the County Road Commission for any of the following reasons: (a) By reason of physical disability. (b) Because of reasons sufficient in the opinion of the County Board of Road Commissioners to warrant such leave. Leaves for any of the reasons stated above will not be granted for more than six months but may be re viewed at the option of the Commission on written application by the employee on leave. An employee granted leave of absence hereunder shall be restored to his position on the expiration of his leave, or if approved by the Superintendent/Engineer before the expiration thereof. Female employees shall be entitled to a leave of absence of not more than three months prior to and six months following delivery subject to an extension for medical reasons as verified by a statement from the employee’s physician. The employer may, however, require such employee to submit to an examination by a doctor designated and paid for by the employer, and in the event the recommendations of the two doctors differ, such two doctors shall attempt to reconcile their recommendations. If unable to do so, the matter shall be submitted to the . . . County Medical Society for resolution. One agreement included a role for the union in pres enting personal leave req u ests, and allowed the employee’s department head to approve leaves of 30 days or less, but referred requests for longer periods to a personnel committee: Personal leave o f absence. Nearly one-fourth of the agreements included provisions for unpaid personal leave (table 28). Granted for a longer period than paid personal leave, unpaid leaves of absence for personal reasons generally ranged from 3 months to 1 year, al though leaves of 2 years were not uncommon. Provi sions could allow personal leave to be extended, if approved by the employer. Clauses afforded employees the opportunity to take care of private affairs without terminating their employment or losing their seniority rights. Among reasons stated for taking personal leave were physical disability, illness in the family, settle ment of an estate, an extended trip not completely covered by vacation, or layoff. However, it was more common for the provision to permit leave for any good cause. At the same time, however, most contracts pro hibited the use of leave to obtain employment else where. Employees usually were required to request leave in advance and were restored to their jobs at the (148) 59 Applications for leaves of absence without pay for personal reasons shall be made in writing to the de partment head and shall be presented to the union. A leave of absence may not be granted for the purpose of taking other employment; however, the term “ other employment” shall not include union duties. Union duties do not include the taking of a full-time position with the union as a representative. The granting of such leave and the length of time for such leave shall be contingent upon the reasons for the request. The department head may grant leaves of absence without pay for thirty calendar days or less without further authority of the Personnel Committee. Leaves of absence for more than thirty calendar days shall be referred to the Personnel Committee by the department head with a recommendation, and all such leaves, if granted, shall be for a specific period of time. Table 25. Maximum paid vacations in State and county collective bargaining agreements by level of government, 1972-73 Level of government Maximum paid vacation All agreements County Los Angeles Agreements All other counties Workers Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 106 151,257 41 61,312 171 127,878 Total with vacation provisio n s................... 2 V i weeks ............................................. 3 w eeks.................................................... 3 V z w e e k s ............................................... 4 w eeks.................................................... V w eeks................................................ 5 w eeks.................................................... 6 w eeks.................................................... Reference to vacations; no d etails given or no maximum s p e c ifie d ............................................. 252 1 8 6 106 1 44 2 266,657 1,200 3,684 7,545 112,075 180 42,093 2,715 97 1 — 129,655 1,200 14 19,928 141 — 117,074 — 4 20 1 14 5,917 39,063 180 15,807 8 2 82 3,684 1,628 60,130 30 2 26,286 2,715 84 97,165 57 67,488 10 7,046 17 22,631 No reference to v a c a tio n s .......................... 66 73,790 9 21,602 27 41,384 30 10,804 42 — — — — — — — 4 — — 12,882 — _ _ Table 26. Number of paid holidays in State and county collective bargaining agreements by level of government, 1972-73 Level of government Number of paid holidays All agreements County State Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 106 151,257 212 189,190 Total with holiday p ro v is io n s .................... 5 days ..................................................... 5 days + 1 or more half d a y s ............... 6 days ..................................................... 6 days + 1 or more half d a y s ............... 7 days ..................................................... 7 days + 1 or more half d a y s ............... 8 days ..................................................... 8 days + 1 or more half d a y s ............... 9 days ..................................................... 9 days + 1 or more half d a y s ............... 10 d a y s .................................................... 10 days + 1 or more half d a y s ............ 11 d a y s .................................................... 11 days + 1 or more half d a y s ............ 12 d a y s .................................................... 12 days + 1 or more half d a y s ............ 13 days or m ore...................................... Reference to adm inistrative regulations or State L a w ................... 199 1 1 1 7 4 7 9 3 16 13 36 12 36 9 20 4 7 228,579 600 3,200 95 695 318 1,301 1,876 266 6,652 3,715 47,738 19,637 21,709 14,592 44,991 2,380 7,876 56 1 1 — — — — 1 1 5 5 7 87,995 600 3,200 — — — — 600 92 3,449 1,353 23,048 143 — — 2 1,769 1 7 4 7 8 2 11 8 29 12 21 9 10 4 5 140,584 — — 95 695 318 1,301 1,276 174 3,203 2,362 24,690 19,637 17,641 14,592 13,576 2,380 6,107 13 50,938 8 18,401 5 32,537 60 — — 15 — 4,068 — 10 31,415 — — _ Table 27. Selected payments for time not worked in State and county collective bargaining agreements by level of government, 1972-73 Level of government Provision All agreements County State Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 106 151,257 212 189,190 Reporting pay............................................... C all-in/call-b ack p a y .................................. Rest p e rio d s ................................................ Wash-up/clean-up t im e .............................. Jury-duty and/or court-witness pay1 ......... Sick leave2 ................................................... Funeral leave3 ............................................. M ilitary leave............................................... Personal leave d a y s .................................... Terminal leave............................................. 44 167 23,308 216,027 100,821 34,978 194,774 296,218 220,675 78,242 77,915 12,578 17 56 54 35 53 89 73 44 9,828 77,218 59,202 28,621 79,804 120,263 91,507 58,571 11,937 57 27 13,480 138,809 41,619 6,357 114,970 175,955 129,168 19,671 65,978 12,521 100 43 141 266 200 82 51 8 in c lu d e s 6 agreements with court-witness pay only and 58 agreements with court-witness pay and jury-duty pay. in c lu d e s 85 agreements which permitted sick leave to be converted to other leave or to pay. in c lu d e s 58 agreements which provided that time taken 6 1 111 46 8 88 177 127 38 45 7 off for funeral leave would be charged to annual or sick leave. * NOTE-. Nonadditive. An agreement may contain more than one of the provisions listed. Table 28. Leave of absence provisions in State and county collective bargaining agreements by level of government, 1972-73 Level of government Reason for leave All agreements State Agreements County Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 106 151,257 212 189,190 Union b u s in e s s ............................................ Education..................................................... M atern ity..................................................... P e rso n a l....................................................... 102 138,174 120,306 187,886 56,310 48 37 48 35 81,749 71,988 75,430 28,658 54 54 78 39 56,425 48,318 112,456 27,652 91 126 74 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. 61 Chapter 7. Working Conditions Work assignments opportunity to request assignment change to the vac ant position. (2) Regular employees within the department, unit, or service where the vacancy occurs shall have first chance for assignment, provided that: (a) They hold the same job classification as the vacant position. (b) They are of the appropriate sex as re quired to fill the job requirements. (c) They are deemed qualified by experience and skills for the specific position. (d) Unless the senior employee has signifi cant deficiencies in reference to the specific job assignment, seniority shall determine the assignment. (e) Senior employees not receiving an as signment request will be notified of the reasons for disqualification. (f) An employee shall not exercise his rights to effect an assignment change through this requesting procedure more than once in nine months unless no other employee has bid for the assignment or unless by mutual agreement a more frequent as signment change is authorized. (3) Regular employees in other departments, units or services shall be considered next for vacancies under the same provisions as in Step 2 above. Provisions detailing how employees are selected for work assignments were included in 17 percent of the contracts, covering 22 percent of the employees in the study (table 29). These procedures are designed to meet both the need of the government employer to fill job vacancies with qualified workers and the desires of individual employees for worlc in different locations or on different shifts or jobs than where they are presently serving. Many of the provisions required vacancy notices to be posted for a number of days prior to selection, gener ally for a period of 2 weeks or less. In the event that more than one person applied for a particular job or assignment, seniority was the determining factor in nearly all cases; however, skill, ability, experience, and other requirements of the position also were frequently considered: (106) Seniority, as defined in the above paragraph, shall be the determining factor in all cases pertaining to the selection of assignments, work schedules and reas signments to any other location within the division other than the location where the employee is as signed at the time in question, (189) Management will maintain a central file in which permanent employees may indicate their first and second work location preferences. The County Librarian’s Personnel Newsletter, or special bulletins in case of emergency, will indicate positions open since the last notification. In cases in which failure to fill positions would result in diminishment of public service, the position will be filled on a temporary basis, otherwise the position will remain open for a two week period after notification. The seniority of the employees requesting such reassignment will be considered but the ultimate placement will be deter mined by the requirements of the position. (169) One contract made seniority the determining factor for lo wer paid positions and qualifications of employees the determining factor for higher paid positions, except where those qualifications were equal. Where em ployees with greater seniority were not selected, pro visions required State and county employers to notify them in writing of the reasons for nonselection. Em ployees might be limited in how many times they could transfer: (14) The following procedure will be used as a first step in filling vacancies in positions other than professional or administrative, as defined by the Fair Labor Stan dards Act. Trial service employees may make re quests under this procedure, but the Hospital and Training Center is not obligated to honor their re quest. (1) A notice of vacant positions to be filled in the department or unit, shall be posted on the department or unit bulletin board and on a central bulletin board. The vacancy notice and description shall remain (177) posted for at least four days. Employees shall have an 62 If a regular job opening is not filled from within a seniority group, and the University determines to fill the opening, the regular job opening, except for open ings in Pay Grade 1, will be posted throughout a post ing area as set forth in Appendix E for five calendar days. When the opening is filled, the employee with the most seniority among the bidders in the posting area who has the qualifications will be given the promotion or transfer when the classification is as signed to Pay Grade 2 through 6. When the classifica tion is assigned to Pay Grade 7 or above, qualifications shall be the determining factor, except that among those with relatively equal qualifications seniority shall control. Changes in work assignments (transfers from one work location to another) shall be offered to all em ployees whenever a vacancy occurs or a new position is established by an increase in the total legislatively authorized complement. Such openings shall be posted in each work location for a period of not less than seven calendar days before the vacancy is filled. Whenever possible such changes shall be granted on the basis of seniority should more than one employee desire the assignment. When an employee having greater seniority is passed over, he shall be noti fied in writing. Should it be necessary for any reason, to assign an employee to a new work location, whenever possible such assignments shall be made on the basis of inverse seniority. Changes in work assignment to fill posted vacancies shall be limited to no more than two per original vac ancy. Upon being granted a transfer, the employee shall not be eligible to exercise his transfer rights for two years. (161) such work within the required amount of time, during emergencies or when such work can be performed by bargaining unit employees on an efficient and econom ical basis. It is not the intent of the Commission to sub-contract work which would result in a layoff of the then present employees. In the event of a vacancy or a newly-created posi tion employees shall be given the opportunity to trans fer on the basis of seniority in the department if qual ified. In such cases all vacancies and newly-created positions shall be posted in a conspicuous place in each building in the Hospital at least four calendar days prior to filling such vacancy or newly-created position. Management will give the union a copy of all postings dated at time of posting. (94) The Commission will not sub-contract work nor mally performed by bargaining unit employees if and when in its judgment, it has the available manpower, proper equipment, capacity and ability to perform (190) . . .County shall have the sole right to contract for any work it chooses and to direct its employees to perform such work wherever located subject only to the restrictions imposed by this agreement and the Wisconsin Statutes. In the event the employer desires to subcontract any work which will result in the layoff of any county employees, said matter shall first be reviewed with the union. (144) The employer shall not farm out work that the bar gaining unit can perform with a reasonable amount of overtime and that can be done in the best interest of the employer. Another provision sought to protect negotiated stan dards by requiring that any subcontracted work be per formed by workers under union contract. First choice was to go to workers represented by the union signatory to the agreement; otherwise, employers under contract with other AFL-CIO affiliates were to be called in: Provisions limiting subcontracting were included in 36 of the agreements studied (table 29). Contracting-out provisions usually govern the circumstances under which subcontracting is permitted, thereby precluding unilateral decisions by the employer. The government administrator was permitted to subcontract work under a variety of conditions—in emergencies, when it was necessary to get a specific job completed, or when the bargaining unit did not have the requisite skills, equip ment, or number of employees necessary to complete a given task. If bargaining unit employees were capable of performing the work, subcontracting might be prohi bited. Some provisions also restricted subcontracting, or required consultation with the union, when em ployees would be laid off as a direct result: The parties recognize that the University may con tract out or sub-contract work in any department co vered by this agreement, in cases of emergency, or temporary em ploym ent, or in cases where specialized, professional or technical services are re quired and where present employees do not possess the skill in sufficient number to perform the required work. In the event of such contracting out or subcontract ing, no employee shall be laid off or take a reduction in pay as a direct result thereof. The State shall not contract out for goods and ser vices performed by members which will result in any member being reduced or laid off without prior con sultation with the PBA concerning any possible effect on the terms and conditions of employment of mem bers covered by this agreement. One agreement barred subcontracting even though the job required overtime to complete: Restrictions on subcontracting (104) (103) (13) In the event any work normally performed by the employees covered by this agreement is let to a con tractor, said contractor shall be one having an agree ment with the International Brotherhood of Electrical Workers. Other work normally performed by emp loyees covered by this agreement shall be let to con tractors who are affiliated with AFL-CIO. Non electrical worker contractors are permitted to install non-metallic conduit under roadways. Restrictions on work by supervisors Supervisors were restricted from performing duties of bargaining unit employees in 24 agreements (table 29). These provisions were generally included as a form of job security, retaining work for employees in the bargaining unit. In most cases the restriction was not absolute, since supervisors were allowed to perform bargaining unit work during periods of emergency or for such purposes as testing or instructing employees in the use of new materials or methods of operation, or when operational difficulties were encountered. Work by supervisors was also permitted if an adequate number of employees was not available. In some contracts em ployees designated as “ working foremen” were ex cluded from these restrictions: 63 (127) Supervisors apd foremen shall not perform work of any job classification of the bargaining unit. It is, however, understood that under emergency condi tions when regular employees are not immediately available, supervisors and foremen may perform bar gaining unit work. Also it is understood when it is necessary to test, demonstrate, or instruct employees in the use of new materials, or new methods of operation, or when op erational difficulties are encountered, supervisors and foremen may perform bargaining unit work. (88) No supervisory employee, excluded from the terms of this agreement, shall perform the work of any em ployee or employees covered by this agreement ex cept for the purpose of instruction or in an emergency; provided, however, that this paragraph shall not apply to so-called “ working foreman” whose duties have been established by custom heretofore followed. The provisions of this article shall apply to any employee temporarily acting in a supervisory capacity. mingling of Liquor Store Manager and retail clerk duties in order to operate and provide adequate ser vices to the public. F. The authority of an arbitrator under this article shall be limited to awards only in accordance with the language hereinbefore set forth. The arbitrator shall not be permitted to make back pay awards under this article except pursuant to the provision of Section C above. Grievances under this article shall begin at the third step of the grievance procedure and proceed in the usual course thereafter. The permanent arbitrator for purposes of the article shall be J. Perry Horlacher. Training Many agencies conduct training programs for their employees. By keeping their labor force up-to-date in a time of rapidly changing technology, employers de velop more efficient personnel to provide better service to the public. Employees, in turn, benefit from training programs by enhancing their job security and increasing their earnings potential. Three training or training-related provisions were ex amined in this study. The most common was in-service training, but a significant number of tuition aid provi sions was also found along with several clauses provid ing educational incentive pay (table 30). Some provisions stated that any work performed by supervisors was not to result in any employees being laid off or removed from a job classification. One provi sion permitted any employee so affected to be compen sated for loss of pay and another granted an arbitrator authority to award back pay should layoff result: (14) (154) Work regylarly and customarily performed by an employee shall not be performed by a supervisor to the extent that it results in his layoff or removal from a classification. If any such incident occurs the em ployee shall be compensated for any loss in hourly rate, plus shift or special schedule premium, if appli cable. In-service training. Twenty-nine percent of the em ployees in this study were provided with some form of in-service training, which was generally available to all interested employees. In-service training usually in volved agency-sponsored classes during working hours, but could also include on-the-job training. While training programs usually were initiated by manage ment, the employee organization often was informed or consulted. Being notified allowed the union to monitor programs and to ensure that all employees were aware of such opportunities: A. Definition of Bargaining Unit Work: The fol lowing definition specifically excludes all matters set forth in the “ Management Rights Article” of this agreement. All work and services connected with or incidental to the handling or selling of merchandise offered for sale to the public in the employer’s retail or wholesale establishments covered by this agreement shall be performed by employees within the bargaining unit for which the union is recognized as the exclusive bar gaining agent by the employer. B. Except as hereinafter provided, the purposes of this article is to phase out the “ past practice” which permitted Liquor Store Managers to perform as clerks during substantial periods of their work day. C. Liquor Store Managers shall not perform bar gaining unit work so as to cause the layoff or prevent the return to work of an available competent em ployee. During the term of this agreement, the employer shall not layoff for lack of work any full-time clerk who was in compensatory status on June 30, 1973. D. Nothing in this article shall be construed to prevent Liquor Store Managers from performing clerk work for the purpose of investigation, research, in struction, training or provide customer service in emergencies. E. The provisions of this article shall not apply to any store or situation where it is impractical because operational requirements demand that there be a co 64 (42) The employer and the Association recognize the need for in-service educational programs for most unit employees and the need for expansion and improve ment in many existing programs. Where programs are implemented, improved or expanded, the Association will be consulted on the quantity, quality and subject matter. (191) Management and Local 602 recognize the impor tance of appropriate training for employees within the unit. Departmental management will continue inservice training programs to meet this mutually desir able objective. Management will make information concerning new in-service training programs available to Local 602 prior to implementation. (192) The County shall provide relevant training for each new , reassigned or promoted em ployee. At a minimum, training shall consist of on-the-job training by the immediate supervision in addition to the de partmental orientation program in existence. Each employee within the bargaining unit shall be entitled to up to one hour of individual supervision each week, if needed. The County shall provide relevant and on-going training for any employee deemed not to be perform ing adequately in a giveri area. Training is to be carried out by the immediate supervisor in groups, if there is a group need, or individually, if there is an individual need . . . . b. The proposal shall initially be submitted to the appropriate administrator for approval with a copy to the Central Training Unit. If funding is necessary, it shall be sought and, failing the availability of funds alternate methods of implementation shall be consi dered. (129) Several agreements provided for greater union par ticipation by establishing joint training committees. The union’s role varied from making suggestions to actual participation in the planning and implementation of training programs. One contract required, in addition, a minimum amount of training monthly; another set forth procedures for the formulation of a training proposal by interested employees, subject to approval and available funding: (84) a) There will be formed a Food Service Manpower Development Committee. b) The Manpower Development Committee shall be composed of five members. Two of them shall be named by Local 119, and three shall be designated by the Director of Personnel Services. Of these three, one shall come from Auxiliary Services, one from Personnel Services and one from elsewhere on the Urbana Campus. The designee from the Personnel Services Office shall act as chairman of the group. c) The Manpower Development Committee shall review—or cause to be reviewed— the work experi ence, the training, and the vocational interests of em ployees in classes represented by the union and shall identify University jobs that represent feasible ambi tions for employees who seek advancement outside of their present assignments. d) The Manpower Development Committee shall obtain projections of job openings in the jobs iden tified in paragraph (c) above and develop procedures whereby a reasonable number of employees will be offered opportunity for training or experience needed for advancement to such jobs. In developing such procedures, consideration will be given to the use of the trainee approach authorized in Rule 7.6 of the System Rules, as well as to other approaches, includ ing, but not limited to, consideration of the possible waiver of any second probationary period otherwise required after the completion of the traineeship and Civil Service Examination. . . . Training Committee: There shall be a training committee consisting of 3 union representatives and 3 representatives of the Department. This committee shall continue to meet and have input into developing new training programs and input into improving train ing programs, and will meet at least bi-weekly, until it is satisfied that a suitable program has been de veloped. Subsequently, this committee will meet every three months for review of training programs, except that if one half of the committee calls for addi tional meetings these will be held. 2. b. This committee shall function as a sub committee of the Labor Management Committee and deal with matters of training. Any matters which can not be resolved by this committee shall be referred to and reviewed by the Labor Management Committee. 3. The Department realizes that no employee, (187) The Nurse s Committee shall participate in the plan upon the completion of orientation, is prepared to ning and implementation of a post orientation program assume a full workload on a proportionate basis. In organized for the specific purpose of promoting con light of this, it recognizes its responsibility to gradu tinuous learning experiences necessary for the per ally introduce a new worker to his workload. This formance of assigned duties. It shall involve continu gradual introduction should, at minimum, be two ing guidance and stimulation of the staff and may stem months . . . from activities within the agency or within the com 5.a. Any group of at least 15 workers can formu munity. The activities may be both planned and spon late a proposal for their own in-service training group. taneous that effect the growth of the staff individually Training specialists will be a resource to the group. and collectively result in the improvement of service (1) The group as part of their proposal shall and in increased job satisfaction. There shall be no seek out a group leader as well as guest speak less than two programs monthly (each of at least one ers for an initial program. hour’s duration). (2) The planned program shall have a specific duration and regularly scheduled ses Tuition aid. One-fifth of the agreements studied pro sions. vided for reimbursement of tuition to employees who (3) The selection of topics to be discussed took courses at an educational institution (table 30). and issues to be raised shall be decided by the A minimum length of government service and ad group itself in their proposal. (4) The group may propose meeting during vance approval were common prerequisites for the re office hours and may schedule Department ceipt of tuition aid. The request for approval might facilities for that purpose in their proposal. include a statement of the benefits to be derived by the (5) The Department shall make available employer as well as the employee. If an employee’s to new groups evaluations from previous ones request was denied, he or she often had to be notified of including their recommendations of resources for speakers and the group leader. Each inthe reasons for denial. In a few instances, the decision service training group shall be responsible for was subject to the grievance procedure. In addition to evaluating their own group as well as providing providing tuition reimbursement, payments could also their recommendations for group leaders and be made for traveling expenses, books and registration, speakers. 65 and laboratory and other required fees. Payment could be limited to a certain percentage of the tuition costs, or a maximum dollar amount; it could be applied to a maximum number of credit hours or to approved jobrelated subjects. Courses were usually taken on the employees’ own time; however, paid time during work ing hours was granted in a few contracts. Payment generally depended on the successful completion of the course by obtaining a grade of “ C” or better. The employer could make the payment directly to the edu cational institution or to the employee: (193) After one year employment and upon prior ap proval of the County Department Head, an employee will be entitled to tuition reimbursement of up to six credits upon presentation of a certificate of successful completion and voucher evidencing the cost of such credits. If the employee’s application is denied, he shall receive a written statement of explanation for such denial. This shall be subject to the grievance procedure. (141) . . . Employees in this bargaining unit who are employees of the Board of Wayne County Commis sioners and desire to continue their education and have Tuition Reimbursement should do the following: (14) 1. Submit their request to the Appointing Author ity at least one month before such course or courses are to begin. 2. Outline in the request what benefit the course will be to the employee and the employer. 3. The Appointing Authority will notify the em ployee if such request for tuition reimbursement is to be approved or denied. If request is denied, the rea sons for the denial will be sent to the employee. 4. Employees applying for tuition reimbursement shall receive the tuition monies only after the em ployee has submitted documentation as to the amount of the tuition and successful completion of the course. 5. All continuing education will be done on the employee’s time, after the employee’s normal work hours. 6. For employees of the general fund, the refund will be 100% of actual tuition but will not exceed a total of $400.00 for any one employee during any one fiscal year. (194) Management agrees to recommend to the Board of Supervisors that an employee be reimbursed for the cost of required book(s) used under provisions of the Tuition Refund Program. (195) With the approval of the county the costs involved in out-service training pursued by employees on a part-time basis, including tuition and registration, laboratory, and other required fees, but not including books, instruments, or other materials retained by the employees, may be paid for by county departments either by making direct payment to the institutions or other organizations providing the training or by reim bursing the employees. If the part-time out-service training occurs during the employees’ regular working hours, the employees may be granted leave with full pay. Employees may be reimbursed for traveling ex penses incurred during such leave and in connection with such training in accordance with the existing traveling expense regulations. A full-time employee will be eligible to receive a tuition refund. . .if (1) he has more than six month’s seniority at the time of enrollment in an educational course approved by the University at, or through, an educational or training institution approved by the University and (2) he has successfully completed the educational course and (3) he was on the active em ployment rolls throughout this entire period. Approv als must be authorized prior to enrollment. “ Success ful completion’’ means a final transcript grade of “ C” or better for credit courses and a certificate of satis factory completion for a non-credit course. An “ educational course,’’ within the meaning of this article, is one which either (1) is job-related or (2) prepares the employee to enroll in one that is jobrelated. The term “job-related” includes preparation for potential promotion as well as improvement in currently utilized skills and knowledge. An eligible employee will receive a tuition refund of not more than seventy-five percent or one hundred dollars per term, whichever amount is less, for the cost of tuition paid by the employee. In no case shall an employee receive a tuition refund in excess of two hundred dollars for courses taken in any twelve month period. Educational courses under this program are to be taken during non-working hours. Some contracts for college and university personnel call for tuition waivers for eligible employees, and this may be extended to the employee’s spouse and chil dren: 66 (188) All regular full-time employees who are otherwise qualified to take college level courses may take such course offerings of State College, without cost. This applies only to regular fees charged all students for enrollment for a specific number of term hours. All other special or incidental fees such as music fees, special course fees, parking, etc., are the employee’s responsibility. To be eligible to enroll in college courses, an em ployee must: (a) Prepare and submit the information requested on the “ Request to Enroll in College Courses Offered by Ferris State College” form provided by the Col lege. (b) Take not more than two courses per quarter. One course may be taken during working hours sub ject to the approval of the immediate supervisor con cerned. Release time will be considered time without pay. However, arrangements should be made with the supervisor for makeup of such time to provide for eight hours of work per workday. (c) Complete course and return duplicate copy with copy of grade slip for filing in the employee’s personnel jacket. (185) Tuition waivers shall be requested for any em ployee at Community College taking any courses at State University of New York member colleges. Re quests for tuition waivers for educational purposes at S .U .N .Y . colleges shall be consonant with the S.U .N .Y . policy. Faculty members, their spouses and children shall be allowed to take courses at the College for credit or audit, without tuition cost, on a space available basis. Among related provisions were some which granted employees full or partial pay while taking work-related courses and others which provided employees with paid time to attend professional conferences, seminars, or other programs: (102) (196) treated as part of a bargaining unit member’s base salary. (136) A full-time permanent police officer may be given educational leave with full or partial pay, for the pur pose of taking courses directly related to his work as determined by the Director of Police and the Director of Personnel. Requests for such leave must be approved in advance by the Personnel Board and the County Executive, and may not exceed a total of twenty days or one hundred and sixty hours in any one calendar year. Educational leave for a longer priod may be granted in special cases of unusual merit and of great benefit to the County government. In such cases, the employee must agree in writing to return to work for a minimum period of one year after expiration of the educational leave. Less frequently, educational incentives were paid on a continuing basis rather than upon completion of a degree. In this case, extra compensation would be re ceived only as long as the employee completed a minimum amount of training during each qualifying period: With the prior approval of the employer, every at torney within the bargaining unit shall be entitled to attend professional conferences, seminars or pro grams which are designed to contribute to the ad vancement of his professional competence in an area relating to his work assignment. The selection of the conference, seminar or program shall be made by the employee, and the required travel time and atten dance to and from the conference shall be considered as time worked and paid at the employee’s regular salary rate . . . . (159) E ducational incentive pay. E ighteen agreem ents granted additional pay to those employees who com pleted an advanced course or degree. Most provisions were found in agreements covering professional and technical personnel, or police and fire employees (table 30). Educational incentive provisions represent a delib erate effort by government administrators to improve the quality of service provided to the public, first, by encouraging present employees to upgrade skills and abilities, and second, by attracting new employees who already possess desirable qualifications. The differential was usually paid upon completion of a degree related to the field of work in which the em ployee was engaged. The amount could be graduated according to the degree earned, with higher salary levels for more advanced degrees. Some provisions stated that payments would be prorated if the degree was earned during the year: (150) County agrees to continue in force during the term of this agreement the educational incentive compen sation program for law enforcement personnel of the Sheriff’s Department. This program includes the fol lowing features: a minimum of $25.00 per month for each eligible officer com pleting the specified minimum educational requirements during the specified calendar period with the extra compensation to continue no more than twelve months after the period during which the education was received. Extra compensation will be continued only if the minimum training continues during each qualifying period. Moonlighting Provisions referring to outside em ploym ent or “ moonlighting” by members of the bargaining unit were included in only 10 agreements, covering 7,770 workers. Perhaps one reason for the relative infre quency of these provisions is that State laws, local ordinances, personnel regulations, or civil service rules often cover outside employment. Another factor is that moonlighting is mentioned only when the employer wishes to control such activity. While none of the contracts in the study prohibited moonlighting, they did require advance approval or stipulated that such employment could be performed only outside of regularly scheduled work periods and would not be allowed to conflict with the performance of the employee’s government duties: Bargaining unit members who meet the require ments for a Ph.D. or Ed.D. (or equivalent degree), as certified by the granting institution, and who have not previously held such a degree shall have added to their ten month salary the sum of $1,000. If such a degree is received during the term of a ten month contract, the $1,000 shall be prorated according to relationship of the time remaining on the bargaining unit member’s ten month contract to their total contract. For deter mination of increases in salary, the $1,000 shall be An annual Educational Differential Premium shall be paid to all regularly scheduled full time employees who possess the following academic degrees in the field of nursing from an accredited educational institu tion: 1. Baccalaureate Degree $150.00 2. Masters Degree 350.00 3. Doctorate Degree 500.00 Such differential shall not be compounded and shall only be paid to an employee who possesses such de gree which is beyond the qualification of the position the employee holds. Only one such educational dif ferential premium shall be applicable in any given year. (32) 67 No employee shall hold a full-time job, or its equi valent, in addition to his regular full-time County employment. Supplementary employment is not encouraged but is permitted under the following conditions: activity shall not be engaged in during an employee’s regularly scheduled or assigned working hours. (a) That the additional employment must in no way conflict with the em p loyee’s hours of County employment, or in quantity or interest conflict in any way with the satisfactory and impartial performance of his County duties. (b) Employees shall notify in writing the facility administrator of supplementary employment. (c) Employees shall keep the facility informed of contemplated changes in supplementary employ ment. (d) In the event such administrator concludes that such supplementary employment conflicts with the County employment as in (a) above, the administrator shall then direct the employee to discontinue the sup plementary employment which order shall then be subject to the grievance procedure. In January each year the employer shall post a notice requiring each employee engaged in supple mental employment to renew, in writing, his/her re quest to hold such outside employment. (196) Of the 10 agreements mentioning outside employ ment, 7 were found in law enforcement. Police depart ments often want to have a voice in what kind of outside employment, if any, officers will have. In addition, the nature of police work, where employees are usually required to be available for emergency duty and may occasionally be rotated from shift to shift, explains the prevalence of such clauses in this government activity7: Employees within this bargaining unit may engage in any employment or activity which is not in conflict with the present policy of the separate employers or regular or assigned duties as a County, Road Commis sion, or Court employee. Such outside employment or (31) No employee covered by this agreement shall work for another security unit or another law enforcement agency without oral or written consent of the Sheriff. (103) The Division shall continue its policy of permitting outside employment of members by one or more em ployers and will consider all requests submitted, sub ject to such limitations and requirements as the Divi sion may deem necessary for the best interests of the Division and the State. 7For a fuller discussion of moonlighting, see Collective Bargaining Agreements for Police and Firefighters, BLS Bulletin 1885, pp. -44-45. 68 Table 29. Selection of work assignments and restrictions on subcontracting and work by supervisors in State and county collective bargaining agreements by occupational group, 1972-73 Occupational group Selection of work assignm ents All agreements Restrictions on work by supervisors R estrictions on subcontracting Agreements Workers Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 54 76,251 36 23,303 24 17,487 B lue-collar or m a n u a l................................. Professional or te c h n ic a l........................... C le r ic a l........................................................ Police and fir e ............................................. Blue-collar and c le r ic a l.............................. Professional, technical, and c le r ic a l........ Blue-collar and p rofession al...................... Police, fire, and te c h n ic a l......................... O ther............................................................ 73 67 4 31 30,021 68,974 2,739 31,750 5,830 21,032 10,051 12,911 157,139 15 11,471 19,848 17 15 7,308 — 3,547 700 — 3 3 — 4,543 2,676 — — 2 1,087 — — 10 6 14 5 108 10 — — 3 8,782 3,766 2 — — 3 — 703 — 21 31,681 1 — 10 — — 1 2 2 2,500 668 3,766 — 1 3 10,750 55 — 3,190 NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. Table 30. 1972-73 Training provisions in State and county collective bargaining agreements by occupational group, Occupational group In-service training All agreements Educational incentive pay Tuition aid Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 72 100,337 62 56,889 B lue-collar or m a n u a l................................. Professional or te c h n ic a l........................... C le r ic a l........................................................ Police and fir e ............................................. Blue-collar and c le r ic a l.............................. Professional, technical, and c le r ic a l........ Blue-collar and p ro fessio n al...................... Police, fire, and c le ric a l............................. O ther............................................................ 73 67 4 31 30,021 68,974 2,739 31,750 5,830 21,032 10,051 12,911 157,139 13 29 11,232 25,889 11 3,442 14,927 10 6 14 5 108 — — 3 — — — 17 31,000 19 2 69 5 1 2 Workers 18 12,439 _ _ 8 3,603 — 5,367 2,466 317 — — 5 — — — 1,755 2 30,370 3 2,856 4,225 — 6,932 4,266 16,253 4,765 — NOTE: Nonadditive. An agreement may contain more than one of the provisions listed. — 5 3 24 Agreements — — — — Chapter 8. Grievance and Impasse Procedures A means for resolving disputes before employees reso rt to a w alkout is fundam ental to the labormanagement relationship in government as well as in private operations. Even before the advent of collective bargaining in State and county governments, employers had recognized the right of an employee to appeal ac tions taken (or not taken) by supervisors, and, there fore, had unilaterally established grievance procedures in agency regulations. In addition, procedures were set up by law or civil service rules. Collective bargaining brought the development of jointly negotiated grievance systems. Of the 318 agree ments studied, 285, or 9 out of 10, had grievance proce dures (table 31). More than four-fifths of these were jointly negotiated; only 29 contained contractual refer ences to unilaterally established grievance systems. An additional 22 agreements included a combination of negotiated and mandated procedures for the handling of grievances. In many of these, the method of resolution varied with the step of the procedure, generally with the negotiated procedure available in the early steps and government procedures at the later stages. A few al lowed employees to select the procedure, usually with the understanding that the choice, once^made, would be final and that recourse to other remedies was thereby waived: (38) arrange a hearing with the Civil Service Commission or Public Employee Relation Commission pursuant to rules and regulations established by P.E.R.C., under provision of Chapter 303, Laws of 1968. (63) Scope of the grievance procedure Ninety-three percent of the agreements with griev ance procedures included a definition of a grievance (see table 31). These were about evenly divided be tween definitions which permitted any and all matters to be “ grieved” and those which limited use of the procedure to complaints involving the interpretation and application of the contract. Definitions applying only to the application and in terpretation of the contract were generally concise statements: Any grievance or dispute which may arise between the parties, including the application, meaning or in terpretation of this agreement, shall be settled in the following manner: Step 1. The employee shall take up grievance or dis pute with the appointed Committee representatives and state in writing the text of the grievance. Step 2. The Committee representative will take up grievance with employee’s immediate Supervisor and Department Head within five working days. Step 3. If grievance has not been settled, the Commit tee representative turns grievance over to the Civil Service Committee, who will then set up meeting with Clerk/Administrator. Step 4. If grievance is not settled, the Committee representative will make arrangements to meet with Freeholder in charge of Department within fifteen working days. Step 5. Civil Service Committee requests to meet with the full Board of Chosen Freeholders in order to arbitrate the unsettled grievance within thirty working days. Step 6. If the grievance still remains unsettled, the employee or the Civil Service Committee will then A Civil Service employee may process his grie vance through either the Civil Service appeal proce dure or the grievance procedure set forth in this re commendation. If an appeal is filed under the Civil Service appeal procedure, while proceedings are tak ing place under the memorandum procedure, then this grievance procedure shall cease and shall not be per mitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under this grie vance procedure, all rights to do so being waived by the exercise of an option by the employee to utilize the Civil Service procedure. (197) The parties agree that the prompt and just settle ment of grievances is of mutual interest and concern. Only matters involving the interpretation, application or enforcement of the terms of this agreement shall constitute a grievance under the provisions as set forth below. Arrangements which provided employees with an avenue of appeal for any complaint could take the form of brief general statements that the procedure could be used for “ any and all disputes” or they could specify the subjects such as existing law s, rules, procedures, regulations, administrative orders, or work rules which were included in addition to the interpretation and application of the contract. In one agreement, items that would be excluded from the pro cedure as well as those that would be included were set forth: (43) 70 All issues and disputes arising from the terms and conditions of employment will be resolved in accor having differences, as soon as is practicable, to visit the location of such differences and to advise the respective parties what, if anything, ought to be done or submitted to by both to adjust said dispute. The advice of the mediator shall be advisory only and not binding on the Board of Pierce County Commission ers or the union unless agreed to prior to a specific mediation request. dance with the grievance provisions of this agree ment. (121) A “ grievance” shall mean any violation, misin terpretation or inequitable application of this agree ment, existing laws, rules, procedures, regulations, administrative order’s or work rules of the County of Rensselaer or a department thereof or any other con dition of employment which relates to or involves the employee or employees. (198) Should any difference arise between the employer and the union as to the meaning and application of this agreement, or as to any question relating to wages, hours, and working conditions, they shall be settled under the provisions of this article. (146) “ Grievance” shall mean any claimed violation, misinterpretation or inequitable application of this contract, or of applicable existing laws, rules, proce dures regulations, administrative orders or work rules which relate to or involve employee health or safety, physical facilities, materials, or equipment furnished to employees or supervision of employees; provided, however, that such term shall not include any matter involving an employee’s rate of compensation, re tirement benefits, disciplinary proceeding or any mat ter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law, or as to any matter as to which the County is without authority to act. Arbitration was by far the most prevalent of the griev ance impasse procedures. It was included in 85 per cent of the agreements with grievance procedures (table 31). Clauses provided for a final and binding decision by either a single arbitrator or a panel composed of rep resentatives of the employer and the employee organi zation and a neutral third party. Provisions often set forth the basis for selecting an arbitrator and time limits were created for requesting arbitration, holding a hear ing, and submitting a decision: (156) The grievance committee shall consist of 3 mem bers: 1. One member shall be appointed by the employer for an indefinite term to serve at their pleasure. 2. One member shall be appointed by the employee’s association for an indefinite term to serve at their pleasure. 3. These members so appointed shall attempt to set tle the grievance at issue. If they cannot agree, then these members so appointed shall select a third member as an impartial arbitrator . . . The duly selected arbitrator shall serve only for the period of time needed to adjudicate a specific grie vance. A quorum of the committee shall consist of the full committee—two concurring votes shall prevail in all matters before the committee . . . (200) In the event the Association or the Board is not satisfied with the statement of the other with respect to the grievance, it may, within fifteen days after receiving the statement, refer the grievance to arbitra tion by requesting that the American Arbitration As sociation propose the names of seven arbitrators. A copy of such request shall be forwarded to the Chair man of the Board of Supervisors or the President of the Association Chapter. Upon receipt of the names of the proposed arbi trators, a designee of the Board and the Association shall strike names from the list until one ultimately is designated as the arbitrator. A coin flip shall deter mine the party who begins striking such names. The arbitrator’s decision will be in writing and will set forth his findings, reasonings and conclusions on the issues submitted and be binding on both parties. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. The arbitrator shall have no power to alter, add to or detract from the provisions of the agreement. (192) The request for arbitration shall be submitted to the New York State Public Employment Relations Board requesting a panel of five names to be submitted to both parties to the dispute. The parties shall select an arbitrator from the panel submitted by alternately Grievance settlement While the emphasis in grievance procedures is on early settlement, inevitably some grievances are not easily resolved. When settlement is stalemated, fact finding, mediation, and arbitration may be used to re solve the issue. Factfinding in grievance cases was found in only 5 agreements, 3 of which allowed the factfinder to make recommendations for settling the dispute. The cost of the factfinder would be shared by the parties: (141) . . . If the grievance is still unresolved after the above step, either party may submit the grievance within 30 days to factfinding under the rules of the American Arbitration Association which shall act as administrator of the proceedings. The factfinder shall have no power or authority to add to, detract from, alter, or modify the terms of this agreement. Each party will bear the full costs for its side of factfinding and will pay one-half of the cost of the factfinder. As with factfinding, mediation to settle grievances was only rarely resorted to and was provided for in 7 agreements: (199) In the event the Board of Pierce County Commis sioners cannot agree with the union as to a disposition of the grievance, the dispute may be referred to a neutral pursuant to RCW 49.08.010, which provides that it shall be the duty of the Director of Labor and Industries, upon application of the union or employer 71 striking the names from the panel until one name remains. The remaining person shall be the arbitrator in the dispute. The arbitrator shall conduct a hearing within ten business days of the request for hearing. The arbitrator, after reviewing oral and written statements presented at such hearings, shall respond in writing to both parties to the dispute within thirty days following the close of such hearing. The decision of the arbitrator shall be final and binding upon both parties to the dispute. Such appeal to the Attorney General shall be based solely on the transcript and either party shall have the right to deliver a written argument supporting his ap peal and the other party shall have a right to reply to such argument in writing. The Attorney General’s decision in the matter shall be final and binding on all parties. (78) In one instance, a limitation was placed on the use of binding decisions where the enactment of legislation was necessary: (154) Because of the expense involved in grievance arbitra tion proceedings, most of the agreements with proce dures stipulated that costs would be shared by the par ties to the dispute (table 31). Costs were shared equally in nearly all cases; however, in a few instances the losing party had to pay for the single arbitrator or for the neutral member of a tripartite arbitration panel: The decision of the arbitrator shall be final and binding in all cases submitted to him except where the decision would require an enactment of legislation in which case it shall be binding only if such legislation is enacted. Advisory rather than binding arbitration of disputes was provided in only one-fifth of the agreements with grievance provisions. Under these provisions, the em ployer could accept, reject, or modify the decision of the arbitrator. Agreements often designated the official who had the power to make this decision. Some Los Angeles County agreements, while providing for advis ory arbitration, permitted the parties to agree to a final and binding decision: (201) (8) A written decision of an arbitrator resulting from the arbitration of a grievance under the following arti cles shall be entirely advisory in nature and shall not be binding upon any of the parties: Recognition Purpose Implementation Term Renegotiation Non-Discrimination Safety and Health Payroll Deductions and Dues Leaves of Absence/Employee Organization Leave Authorized Agents Provisions of Law Posting of Vacancies (202) Any necessary expenses for the services of arbi trators shall be borne equally between the parties. If either party desires an official verbatim record of an arbitration proceeding, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator or team of arbitrators. Each party shall be responsible for com pensating its own representatives or witnesses. (150) The fees and approved expenses of an arbitrator shall be paid by the party who does not prevail before the arbitrator. (198) Each party shall bear the costs of its chosen arbi trator and possible attorney’s fees. The party against whom the decision is rendered shall bear the full cost, if any, of the selected third arbitrator. Either party may request a transcript, however, no party shall be required to order or pay for a copy of the transcript. INo-strike provisions Provisions which prohibited strikes or required em ployee organizations to assist in ending a strike were contained in 55 percent of the State and county agree ments studied (table 32). The relatively low prevalence of such provisions may be due, in part, to the fact that in many States, strikes by public employees are prohi bited by law. Many of the provisions which prohibited strikes also stipulated that the employer would not lock out employees. No-strike provisions generally included prohibitions against “ slowdowns” or similar job actions. Nearly one-half of these provisions also included a stipulation that the union had to work actively to end any “ wild cat” or unauthorized strikes. One agreement permitted either party to use an injunction against the other if there were violations of the no-strike clause: Should the union or the Chief, Registrar’s Bureau, consider the decision of the Board of Arbitration un satisfactory, appeal to the Attorney General as head of the Department of Justice for a final and binding determination of the grievance shall be perfected as follows: The appealing party shall within ten working days after receiving the findings and order of the Board of Arbitration give notice of appeal, by filing the same with the Attorney General and serving a copy of the appeal on the other party. The party filing the appeal shall within twenty working days of filing the appeal, and at its own expense cause a verbatim transcript of all matters which transpired at the hearing together with findings, conclusions, order and minority deci sion, if any, to be prepared and filed with the Attorney General and shall serve a copy on the other party. The arbitrator’s decision shall be entirely advisory in nature, except that by mutual agreement the parties may stipulate that the arbitrator’s decision shall be final and binding upon the parties involved. (9) 72 The union agrees that it will refrain from any strike, work stoppage, slowdown, or other job action and will not support or condone any such job action. The State agrees that it will refrain from locking out its em ployees or from any threat thereof. (171) The Association agrees not to participate in or sanc tion any strike, slowdown, walkout, refusal to report to work, or interruptions of work or picketing during the term of this agreement. (203) The County Chapter of C.S.E.A., Inc. affirms that it will not assist or participate in any strike and it will not impose an obligation upon its members to con duct, assist or participate in such a strike. Should any of the preceding occur, including any form of “job action,” the C.S.E.A. and its officers will publicly instruct its member to carry out the terms of the agreement and to perform their duties in the usual manner. (159) representatives of each negotiation’s team and set aside. There shall be no publicity releases except those actually agreed to by the parties. This is not to pre clude keeping the Association membership and the Board members informed of the progress of negotia tions. Negotiating sessions between the Board and the Association shall be closed to the press and the public . . . It is nev erth eless difficult to negotiate a firm agreem ent if the legislature might overthrow the accord or if the comptroller or other budgetary official might subsequently announce his inability to find suffi cient funds to meet contractual obligations. Where re venues are insufficient for planned expenditures, negotiations are vulnerable and indeed may become a futile exercise as agencies are forced to cut back and layoffs become a reality. A climate of budgetary re trenchment, from the employee or organization’s point of view, might put in jeopardy past collective bargaining gains and future negotiating goals. In even the best of times, labor and management differences may cause a negotiating stalemate; in times of financial malaise, the chances are even greater for a deadlock to occur. During the term of this agreement, County agrees that it will not lock out employees and Association agrees that it will not agree in, encourage or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agree ment. Association will take whatever lawful steps are necessary to prevent any interruption of work in viola tion of this agreement, recognizing, with County, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedure. Each party consents to, and waives any defenses against, an injunction action by the other party to restrain any violation of this section. Impasse procedures Unless there are impasse procedures to overcome negotiating stalemates, the only alternative may be a strike, unwanted by either side and, in many instances, illegal. Negotiation impasse procedures, therefore, are designed to resolve deadlocks during bargaining before work stoppages develop. Only 10 percent of the agreements studied contained provisions referring to means of resolving deadlocks (table 33). H ow ever, this low prevalence must be viewed in conjunction with the availability of legis lated impasse procedures, which are found in about three-quarters of the States.8 In fact, three-fourths of the agreements referring to impasse procedures, largely those from Los Angeles County, cited county or State boards, established by law, which could render final decisions or assistance in the form of mediation or factfinding. However, these methods of resolving negotiating disputes were not al ways spelled out in the agreement: Negotiations Negotiations involving State and county govern ments operate under a number of constraints, including the public’s interest in the terms of settlement and the limits that State and local laws, administrative rules, and budgetary procedures may place on what can be bargained. Citizens of the county and State are con cerned about two matters: First, the effect that contract terms will have on taxes; and second, the consequences that a possible work stoppage will have for the commun ity. To some degree, therefore, government negotiators find th em selv es bargaining in a goldfish bow l. Negotiators on either side may play to the audience and attempt to bring undue public pressure on the other party. Compromise, which is the essence of collective bargaining, may evaporate as both parties are encour aged to adopt rigid positions by disparate public voices. As a consequence, negotiators may agree in advance to avoid open negotiations: (204) (205) . . . During such negotiations, the Board and the Association will present relevant data, exchange points of view and make proposals and counter prop osals. All public records will be made available to the Association upon reasonable request, in writing, dur ing normal business hours. During the course of negotiations, items tentatively agreed to shall be reduced to writing and initialed by If the parties are in disagreement as to whether any proposed change is within the scope of nego tiations, such disagreement may be submitted as an impasse to the Employee Relations Commission for resolution. In the event negotiations on the pro posed change are undertaken, any impasse which 8Summary of State Policy Regulations for Public Sector Labor Relations, (U.S. Department of Labor, Labor-Management Services Administration, 1975). 73 arises may be submitted as an impasse to the Em ployee Relations Commission. (71) . . . The parties hereby agree that an impasse in such negotiations shall be identified by the failure of the parties to have achieved an understanding or agreement sixty days prior to the date of budget submission. In the event of an impasse, the parties agree to submit the unresolved issues to the Public Employ ment Relations Board as provided herein under this agreement. (117) No later than July 1 of each year the parties will enter into good faith negotiations over a suc cessor agreement. If such agreement is not con cluded by September 2nd, either party may request the State Public Employment Relations Board (PERB) to provide mediation to assist the parties in reaching an agreement. If the parties do not reach agree ment by October 1st, either party may request the State Public Employment Relations Board (PERB) to assign a fact-finder to further assist the parties in reaching agreement. Such mediation and fact-finding will be governed by the provisions of Section 209 of the Civil Service Law. by the tossing of a coin, who shall have the right to remove the first name from such list and the parties shall alternately remove names from such list until one name is left. This remaining person shall be the mediator. If the mediator does not effect a settlement within ten days of his appointment, the dispute shall be sub mitted to a Fact-Finding Board of three members. One member shall be chosen by the County, one member by the Association and one member by mutual agree ment of the first two fact-finders chosen. If the first two fact-finders cannot mutually agree to the third fact-finder within three days after their selection, then the PERB shall submit to these two members a list of seven qualified persons who are County residents, and the two members shall, by the toss of a coin, determine who shall remove the first name from such list; and the parties shall alternately remove names from such list until one name is left. Such last remain ing named person shall be the third member and chairman of the Fact-Finding Board. If the dispute is not resolved at least fifteen days prior to the budget submission date, the Fact-Finding Board, acting by a majority of its members, shall immediately transmit its findings of fact and recom mendations for resolving the dispute to the County Executive and to the President and shall simultane ously make public such findings and recommenda tions. If the dispute reaches a point where findings of fact and recommendations are made public by the FactFinding Board established pursuant to these proce dures and the impasse continues, the PERB shall take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of the Fact-Finding Board, submit to the County Board of Supervisors a copy of the findings of fact and recommendations of the Fact-Finding Board together with his recommenda tions for settling the dispute, and the Association may submit to such legislative body its recommendations for settling the dispute. Factfinding, mediation, and arbitration were specified in few agreements. Factfinding and mediation were both found in nine agreements and were used in combi nation in eight. Only two clauses mentioned arbitration, and in both instances, it was used in conjunction with other procedures. Used thus in combination, it placed progressively more pressure on the parties to reach settlement: (206) (130) . . . If such an agreement is not concluded by September 15, 1974, either party may request the County Public Employment Relations Board to desig nate a mediator to assist the parties to reach agreement. If the parties have not reached an agree ment by November 1, 1974, either party may re quest the County Public Employment Relations Board to appoint a factfinding board. Said media tion and factfinding will be governed by the pro visions of Act number 84-1967 of the Board of Super visors. (11) The parties hereto wish to avail themselves of the right to agree to their own procedures as permitted under the law and, therefore, mutually agree upon the impasse procedures set forth herein. The parties agree to share the cost of any mediators or fact-finders chosen to aid in the resolving of any impasse that may arise in future negotiations. An impasse shall not be deemed to exist because the parties fail to achieve an agreement sixty days prior to the budget submission date. The parties hereby agree to continue with the negotiations into the sixty days period before the budget submission date. If one of the parties believes an impasse has occurred, it shall re quest the other to join in choosing a mediator by mutual agreement. If the parties cannot agree on a mediator within two days after such request, then upon notification by either party, the PERB shall submit to the parties a list of seven persons who are residents of the County. The parties shall determine . . . The parties agree, finally, that, notwithstand ing the cutoff date agreed to above, if factfinding or arbitration, as per 3 V.S.A. par 925, is in progress, the agreement shall be extended not more than 10 calen dar days beyond the date on which the factfinder or arbitrator submits his recommendation to the parties. Approval by higher authority In two-fifths of the agreem ents (135), covering 195,200 government employees, a negotiated contract was not binding until approved by higher authority. Although the employing agency might have the power to bargain with employee organizations, the legislature or other elected bodies might have the final word. Reg ulatory agencies also might have approval authority to ensure that no laws or regulations were inadvertently violated. Most requirements for contract approval were found in county agreements, especially those in Los Angeles County where an ordinance requires approval 74 memorandum which do not require specific approval by the Board of Supervisors. If the parties do not mutually agree to implement appropriate provisions of this memorandum not requiring approval by the Board, then negotiations shall resume upon request of either party. by the County Board of Supervisors of certain provi sions of labor contracts: (207) (153) (120) It is understood between the parties that no provi sions contained within this agreement are binding upon either party until this agreement has been re duced to writing, ratified by the Association duly ap proved, ratified and executed by the . . . County Ex ecutive and the County Legislature. It is further un derstood between the parties that the Onondaga County Legislature reserves the right to approve or reject any provisions of this agreement together with the whole thereof, and that if the Legislature does not approve certain provisions contained within the agreement, the whole agreement as approved or mod ified by the Legislature shall be effective and binding upon the parties. All negotiations with respect to wages, hours, and working conditions and other conditions of employ ment, shall be conducted by the Wage and Salary Committee in conjunction with the Highway Commit tee and Commissioner, representing the County Board and the Negotiating Committee and/or rep resentatives appointed by the highway employees, to represent them. Results of such negotiations must be ratified by the Oneida County Board and shall then become effective when signed by representatives of the County Board and representatives of the employee’s union. Savings clauses Once the agreement is ratified and signed, conditions are set for the duration of the contract, unless a clause is subsequently declared to be invalid or illegal. To permit the rest of the agreement to remain in effect, threequarters of the contracts (241), covering 271,996 em ployees, incorporated a savings clause. These provided that invalid clauses would not harm the rest of the contract. Some permitted the reopening of negotiations on provisions declared to be invalid: This memorandum of understanding constitutes a mutual recommendation to be jointly submitted to County’s Board of Supervisors. It is agreed that this memorandum of understanding shall not be binding upon the parties either in whole or in part unless and until said Board of Supervisors: A. Acts, by majority vote, formally to approve said memorandum of understanding. B. Enacts necessary amendments to all county or dinances, including the county’s salary ordi nance, Ordinance No. 6222, and C. Acts to appropriate the necessary funds re quired to implement the full provisions of this memorandum of understanding which require funding. Notwithstanding the foregoing, in the event the Board of Supervisors fails to take all actions necessary to timely implement said memorandum of understand ing, it is understood that the parties may mutually agree to implement appropriate provisions of said 75 (186) Should any of the provisions of this agreement be found to be in violation of any law of the above listed governing bodies, all other provisions of this agree ment shall remain in full force and effect for the dura tion of this agreement. (158) In the event that any provision of this agreement shall at any time be declared invalid by a final judg ment of any court of competent jurisdiction or through a final decree of a government, State or Local body, such decision shall not invalidate the entire agree ment, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect. The parties agree that any invalid provisions of this agreement shall be modified to comply with the existing regulations or laws. (208) If any article or section of this agreement should be held invalid by operation of law or by a tribunal of competent jurisdiction, or if compliance with or en forcement of any article or section should be re strained by such tribunal, the remainder of this agreement shall not be affected thereby, and the par ties shall, if possible, enter into collective bargaining negotiations for the sole purpose of arriving at a mutu ally satisfactory replacement for such article or sec tion. Table 31. 1972-73 Grievance machinery in State and county collective bargaining agreements by level of government, Level of government County Provision All agreements State All other counties Los Angeles Agreements Workers Agreements Workers Agreements Workers Agreements Workers 318 340,447 106 151,257 41 61,312 171 127,878 Total ............................................ 285 313,159 98 132,386 37 60,680 150 120,093 Negotiated procedure.................................. State or agency procedure.......................... Negotiated and State or agency proce d ures............................................... 234 29 267,092 28,940 84 3 118,342 2,893 23 9 47,926 9,469 127 17 100,824 16,578 22 17,127 11 11,151 5 3,285 6 2,691 Total ................................................ 264 302,482 96 131,895 36 59,080 132 111,507 Interpretation and application of c o n tra c t................................................... Any c o m p la in t............................................. 139 125 171,338 131,144 61 35 81,202 50,693 16 20 19,813 39,267 62 70 70,323 41,184 Factfin d in g ................................................... M e d ia tio n .................................................... Arbitration, t o t a l ........................................ Advisory.................................................... B in d in g .................................................... Other1....................................................... Reference to arbitration; no d etails g iv e n .......................... ......................... 5 7 242 52 179 1 4 3 1,212 74 2,400 6,496 117,690 9,526 100,838 2 3,612 7,279 283,379 90,474 176,477 6,109 1 6,000 9 10,319 3 1,326 2 Cost of arbitration shared.......................... 218 262,026 78 110,103 36 Total ................................................ GRIEVANCE PROCEDURES GRIEVANCE DEFINITION IMPASSE PROCEDURES 4 84 6 in c lu d e s 1 agreement, covering 6,000 workers, in which the status of arbitration was governed by merit system rules; and 1 agreement, covering 109 _ _ — — 36 34 1 783 105,309 25,297 75,639 109 4,729 4 4,264 60,380 104 91,543 122 12 60,380 55,651 — — — — 105 workers, where arbitration was binding except for selected matters, Table 32. No-strike provisions in State and county collective bargaining agreements by level of government, 1972-73 All agreements State County Provision Agreements Workers Agreements Workers Agreements Workers Total ................................................ 318 340,447 106 151,257 212 189,190 Total with no-strike p ro v is io n s .................. Union must work to end strik e ............... Union role not sta te d .............................. No reference to no-strike p ro v is io n ........... 176 84 92 142 189,526 96,820 92,706 150,921 75 46 29 31 97,054 63,745 33,309 54,203 101 92,472 33,075 59,397 96,718 38 63 111 Table 33. Negotiation impasse procedures in State and county collective bargaining agreements by level of government, 1972-73 Level of government Provision A ll agreements State Agreements Workers Agreements Total ................................................ 318 340,447 Total with im passe procedures.................. F a ctfin d in g ............................................... M e d ia tio n ................................................ A rb itra tio n ............................................... State or county labor relations board ... 32 9 9 84,695 28,423 28,473 5,200 57,393 2 24 106 2 1 1 1 1 NOTE: Nonadditive. An agreement may contain more than one impasse procedure. 76 County Workers Agreements Workers 151,257 212 189,190 15,000 5,000 5,000 5,000 30 69,695 23,423 23,423 10,000 23 8 8 1 200 47,393 Appendix. Identification of Clauses Employee organization affiliated with the AFL-CIO unless otherwise indicated as independent union or association Employer and union 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 New Jersey; State Troopers, State Troopers Fraternal Association (In d .).. Wayne County, Mich.; county and court unit, State, County and Munici pal Employees (A FSC M E)................................................................................ Michigan; Oakland University, State, County and Municipal Employees (A FSC M E)............................................................................................................ Erie County, Pa.; white collar unit, Civil Service Employees’ Association (Ind.)....................................................................................................................... Wisconsin, Department of Natural Resources, State County and Municipal Employees (A FSC M E)....................................................................................... N ew Y ork; security unit, S tate, C ounty and M unicipal E m ployees (A FSC M E)............................................................................................................ Allegheny County, Pa.; clerical and technical employees unit, Service Employees (S E IU ).............................................................................................. Montana; Motor Vehicle Division, Registrar’s Bureau, State, County and Municipal Employees (AFSCM E).................................................................... New Jersey; State colleges, Teachers (AFT)..................................................... Winnebago County, Wise.; ParkView Rehabilitation Pavilion and Pleasant Acres, State, County and Municipal Employees (AFSCM E)..................... Vermont; Statewide unit, Vermont State Employee Association (In d .)....... Illinois; University of Illinois, State, County and Municipal Employees (A FSC M E)............................................................................................................ Delaware; State Department of Highways and Transportation, State, County and Municipal Employees (A FSC M E)............................................................ Michigan; University of Michigan, State, County and Municipal Employees (A FSC M E)............................................................................................................ Bergen County, N .J.; Probation Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Clark County, Wash.; Public Utility District No. 1, Electrical Workers; Brotherhood (IB EW )........................................................................................... St. Croix County, Wise.; Highway Department, State, County and Munici pal Employees (A FSC M E)................................................................................ Delaware; Department of Health and Social Services, Emily P. Bissell Hospital, State, County and Municipal Employees (A FSC M E)................ Oakland County, Mich.; Sheriffs Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Suffolk County, N .Y .; Police Department, Suffolk County Patrolmen’s Benevolent Association (In d .)........................................................................... Greene County, N.Y.; nurses unit, New York State Nurses Association (In d .)...................................................................................................................... 77 Employer and union 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Los Angeles County; child welfare w orkers unit, Service Em ployees (SEIU ).................................................................................................................... Wayne County, Mich.; Food Service Employees, Unit No. 1, Hotel and Restaurant Employees (H REIU )..... ................................................................. Suffolk County, Mass.; Superior Court officers, State, County and Munici pal Employees (A FSC M E)................................................................................ Houghton County, Mich.; medical care facility, State, County and Munici pal Employees (A FSC M E)................................................................................ Delaware; Department of Health and Social Services, Division of Social Services, State County and Municipal Employees (A FSC M E)................. Whatcom County, Wash.; Park Department, Teamsters (IBT) (Ind.)........... Delaware; Department of Finance, Division of Revenue, State, County and Municipal Employees (AFSCM E).................................................................... Michigan; Ferris State College, Ferris State College Clerical and Tech nical Association (In d .)....................................................................................... Pennsylvania; m ultidepartment unit, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Gratiot County, Mich.; Sheriff’s Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Muskegon County, Mich.; Board of Social Services, medical care facility, State, County and Municipal Employees (A FSC M E )................................. Jefferson County, Wise.; Countryside Home, State, County and Municipal Employees (A FSC M E)....................................................................................... Milwaukee County, Wise.; technical employees unit, Technicians, Engineers and Architects Association (Ind.)...................................................................... Fairfax County, Va.; County and School Board blue-collar occupations, State, County and Municipal Employees (A FSC M E )................................. Dade County, Fla.; Fire Department, Firefighters (IA F F )............................. Wisconsin; Department of Veterans Affairs, State, County and Munici pal Employees (A FSC M E)................................................................................ Burlington County, N .J.; County, Library Commission and M osquito Extermination Commission, New Jersey Civil Service Association (Ind.). South Dakota; Board of Charities and Corrections, State, County and Muni cipal Employees (AFSCM E)............................................................................. Los Angeles County, Calif.; Deputy probation officers unit, State, County and Municipal Employees (A FSC M E)............................................................ Pennsylvania; Human services unit, State, County and Municipal Employees (A FSC M E)............................................................................................................ Pennsylvania; Medical and supportive job classifications, Unit I, Pennsyl vania Nurses Association (Ind.)........................................................................ Putnam County, N.Y.; countywide unit, Civil Service Em ployee’s Associa tion (Ind.)............................................................................................................... M assachusetts; Southeastern M assachusetts University, Teachers (AFT) .. Wisconsin; University of Wisconsin, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Oakland County, Mich.; maintenance, custodial and grounds employees unit, State, County and Municipal Employees (A FSC M E)........................ Middlesex County, Mass.; Registry of Deeds, State, County and Munici pal Employees (A FSC M E)................................................................................ Dade County, Fla.; multidepartment unit, State, County and Municipal Employees (A FSC M E)....................................................................................... New Jersey; Rutgers, the State University, American Association of Uni versity Professors (AAUP) (Ind.)...................................................................... 78 Employer and union 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 M assachusetts, Department of Corporations and Taxation, State, County and Municipal Employees (A FSC M E)............................................................ Wisconsin; Department of Transportation, State, County and Municipal Employees (A FSC M E)....................................................................................... Los Angeles County, Calif.; supervisory professional engineers unit, Marine Engineers (MEBA)............................................................................................... Broome County, N .Y .; Department of Public Works and Parks and Recrea tion, nonsupervisory employees unit, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Tioga County, N.Y.; countywide unit, Civil Service Em ployees’ Associa tion (Ind.)............................................................................................................... Rockland County, N.Y .; Highway Department, Division of Construction and Maintenance, State, County and Municipal Employees (AFSCME) . Los Angeles County, Calif.; clerical and office service employees unit, Service Employees (SE IU )................................................................................ Oneida County, N.Y .; countywide unit, Civil Service Employees’ Asso ciation (Ind.)......................................................................................................... New York; State University of New York, professional services nego tiating unit, United University Professions (Ind.)......................................... M assachusetts; Metropolitan District Commission, Police Lieutenants and Sergeants, M assachusetts State Employees’ Association (In d .)................ M assachusetts; Metropolitan District Commission, Police Patrolmen, State, County and Municipal Employees (A FSC M E)............................................. Greene County, N.Y .; Highway Department, unit of blue-collar employees, State, County and Municipal Employees (A FSC M E )................................. Michigan; Northern Michigan University, unit of blue-collar personnel, State, County and Municipal Employees (A FSC M E )................................. Pennsylvania; Medical and supportive job classifications, Unit III, Pennsyl vania Nurses Association (Ind.)........................................................................ Montana; Department of Institutions, Boulder River School and Hospital, Galen State Hospital, Montana State Prison, State, County and Munici pal Employees (A FSC M E)................................................................................ Dane County, Wise.; countywide nonprofessional unit and police, State, County and Municipal Employees (A FSC M E)............................................. Winnebago County, Wise.; most nonsupervisory employees, Winnebago County Courthouse Employees’ Association (In d .)..................................... Cuyahoga County, Ohio; County hospitals, State, County and Municipal Employees (A FSC M E)....................................................................................... Langlade County, Wise.; Highway employees, State, County and Munici pal Employees (A FSC M E)............................................................. .................. Pennsylvania; Liquor Control Board, Liquor Store Managers, Independent Association of Pennsylvania Liquor Control Board Employees (Ind.)..... Ingham County, Mich.; Board of Road Commissioners, Garage and Road Employees unit, State, County and Municipal Employees (AFSCME) .. Schenectady County, N.Y.; Glendale Hoipe, Glendale Infirmary and Glenridge Hospital, Service Employees (S E IU ).................................................... M assachusetts; University of M assachusetts, administrative services, office clerical and technical employees unit, Massachusetts State Employees’ Association (In d .)................................................................................................ Suffolk County, M ass.; countywide, clerical employees unit, Service Em ployees (SEIU )..................................................................................................... Wisconsin; Department of Health and Social Services, State, County and Municipal Employees (AFSCM E).................................................................... 79 Employer and union 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Oakland County, M ich.; Probate Court, non-caseworkers unit, State, County and Municipal Employees (AFSCME) ........................................................... Dane County, W ise.; nonsupervisory law enforcement unit, Teamsters (IBT) (Ind.)............................................................................................................ Marin County, Calif.; multioccupational unit, Marin Association of Public Employees (In d .)................................................................................................. Los Angeles County, Calif.; automotive and equipment maintenance unit, State, County and Municipal Employees (A FSC M E ).................................. Ottawa County, Mich.; Board of County Road Commissioners, State, County and Municipal Employees (A FSC M E).............................................. Oakland County, Mich.; Probate Court, caseworkers unit, State, County and Municipal Employees (A FSC M E)............................................................ Niagara County, N.Y .; blue-collar employees unit, State, County and Muni cipal Employees (AFSCM E)............................................................................. Summit County, Ohio; Commissioners’ employees, State, County and Muni cipal Employees (AFSCM E)............................................................................. Wisconsin; Department of Administration, professional engineering bargain ing unit, State Highway Engineers Association (Ind.)................................. M a ssa c h u setts; D epartm ent of Public W elfare, S ervice E m ployees (SEIU) ................................................................................................................. Orange County, Calif.; general county and supervisory management units, Orange County Employees Association (In d .)............................................... Hawaii; Board and Department of Education, educational officers, State, County and Municipal Employees (A FSC M E)............................................. Pueblo County, Colo.; Highway Department, State,County and Municipal Employees (A FSC M E)....................................................................................... Lapeer County, Mich.; Road Commission, State, County and Municipal Employees (A FSC M E)....................................................................................... Chautauqua County, N .Y .; countywide unit, Civil Service Em ployees’ Association (In d .),............................................................................................... W isconsin; Departm ent of Adm inistration, security and public safety, blue-collar (except building trades), and technical units, State, County and Municipal Employees (AFSCM E).................................................................... Tompkins County, N.Y.; countywide unit, Civil Service Em ployees’ Asso ciation (Ind.) ........................................................................................................ Chenango County, N .Y .; countywide unit, Civil Service Employees’ Asso ciation (Ind.) ........................................................................................................ Columbia County, Wise.; Highway Department, State, County and Munici pal Employees (A FSC M E)................................................................................ Kalamazoo County, Mich.; Road Commission, Teamsters (IBT) (In d .)..... Portage County, Wise.; County Courthouse and Home employees, State, County and Municipal Employees (A FSC M E).............................................. Itasca County, M inn.; Welfare and H ospital Com m ission, M innesota Nurses Association (Ind.)................................................................................... King County, W7ash.; Departments of Public Safety and Rehabilitative Ser vices and the Cedar Hills Alcoholic Treatment Center, Service Employees (SEIU ).................................................................................................................... St. Louis County, Minn.; Welfare Department, State, County and Muni cipal Employees (AFSCM E)............................................................................. San Diego County, Calif.; countywide unit, San Diego County Employees Association (In d .)................................................................................................ Cortland County, N.Y.; countywide unit, Civil Service Employees’ Asso ciation (In d .).......................................................................................................... 80 Employer and union 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 W aukesha County, Wise.; Sheriffs Department, Teamsters (IBT) (Ind.) ... New Castle County, Del.; police officers unit, Fraternal Order of Police (FOP) (Ind.)............................................................................................................... New York; Division of State Police, noncommissioned officers, investiga tors and troopers unit, Police Benevolent Association of the New York State Police (In d .)................................................................................................ O hio; Ohio U n iv e rsity , S ta te , C ounty and M unicipal E m ployees (A FSC M E)............................................................................................................ Oregon; Eastern Oregon State College, classified employees, Oregon State Employees Association (In d .)................................................. ......................... M assachusetts; Metropolitan District Commission, engineering technicians unit, State, County and Municipal Employees (A FSC M E)........................ Oakland County, Mich.; Road Commission, hourly rated, nonsupervisory employees unit, State, County and Municipal Employees (A FSC M E).... Delaware; Department of Health and Social Services, Division of Mental Retardation, Hospital for the Mentally Retarded, Laborers (LIU N A )..... M innesota; Statew ide unit, State, County and M unicipal Em ployees (A FSC M E)........ ....................................................................................... ........... Erie County, N .Y .; blue-collar employees unit, State, County and Munici pal Employees (A FSC M E).................................................... ........................... Coos County, Ore.; Highway Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Niagara County, N .Y .; white-collar employees unit, Civil Service Em ployees’ Association (In d .)................................................................................ Cuyahoga County, Ohio; Hospitals, nonsupervisory and nonprofessional employees, State, County and Municipal Employees (A FSC M E )............ New Jersey; Rutgers, the State University, maintenance and service em ployees unit, State, County and Municipal Employees (A FSC M E)..... . Illinois; Southern Illinois University, Edwardsville Campus, nonacademic employees unit, Service Employees (SEIU )................................................... Onondaga County, N. Y .; Sheriffs Department, The Deputy Sheriffs’ Benev olent Association of Onondaga County (Ind.)................................................ Essex County, N.Y. ; countywide unit, Civil Service Employees’ Association (In d .)................................................................................................ ...................... Monroe County, N.Y .; countywide unit, Civil Service Em ployees’ Asso ciation (Ind.).......................................................................................................... Waukesha County, Wise.; multidepartment unit, State, County and Muni cipal Employees (AFSCM E)................................ ............................................. Los Angeles County, Calif.; social services investigators unit, Service Employees (S E IU )............................................................................................... Rensselaer County, N .Y .; countywide unit, Civil Service Em ployees’ Association (In d .)................................................................................................ Los Angeles County, Calif.; dental professionals unit, Association of Los Angeles County Dental Personnel (Ind.) ................................... ..................... Washington; Department of Revenue, Washington State Employees Asso ciation (In d .)................................................................................. ....................... Calhoun County, Mich.; Board of Social Services, Kimball Medical Care Facility, Service Employees (SE IU )................................................................ Fond du Lac County, Wise.; Mental Health Center, State, County and Municipal Employees (AFSCM E)............................................................. . Broome County, N .Y .; white-collar employees, Civil Service Em ployees’ Association (In d .)..................................................................... .......................... Michigan; Eastern Michigan University, nonacademic employees, State, County and Municipal Employees (A FSC M E)............................................. 81 Employer and union 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Los Angeles County, Calif.; firefighters unit, Firefighters (IA FF)................ Illinois; University of Illinois, food service employees unit, Service Em ployees (SEIU )...................................................................................................... Nassau County, N .Y .; Police Department, Patrolmen’s Benevolent Associa tion of the Police, Department of the County of Nassau (Ind.)................. M assachusetts; Department of Mental Health, State, County and Municipal Employees (A FSC M E)....................................................................................... New Castle County, Del.; countyw ide, hourly employees unit, State, County and Municipal Employees (A FSC M E ).............................................. Delaware; Department of Highways and Transportation, nonprofessional employees unit, State, County and Municipal Employees (A FSC M E).... Dade County, Fla.; Department of Public Works, Waste Division, State, County and Municipal Employees (A FSC M E).............................................. Michigan; W estern Michigan University, service staff, State, County and Municipal Employees (AFSCM E).................................................................... Onondaga County, N .Y .; registered nurses unit, New York State Nurses Association (In d .)................................................................................................ Michigan; Grand Valley State College, custodial and maintenance unit, State, County and Municipal Employees (A FSC M E ).................................. Saratoga County, N.Y .; countywide unit, Civil Service Em ployees’ Asso ciation (In d .).......................................................................................................... Warren County, N.Y.; countywide, nonsupervisory employees unit, Civil Service Em ployees’ Association (In d .)........................................................... Los Angeles County, Calif.; paramedical technical employees unit, Service Employees (S E IU )............................................................................................... Wayne County, Mich.; Road Commission, Society of County Engineers (In d .)......................... ............................................................................................. Ontario County, N.Y .; countywide unit, Civil Service Em ployees’ Associa tion (Ind.)............................................................................................................... Ontonagon County, Mich.; Road Commission, State, County and Municipal Employees (A FSC M E)....................................................................................... Bay County, Mich.; Road Commission, State, County and Municipal Em ployees (AFSCM E)..................................... ........................................................ Macomb County, Mich.; Road Commission, State, County and Municipal Employees (A FSC M E)....................................................................................... W estchester County, N.Y.; countywide, nonprofessional and nonsuper visory employees, Civil Service Em ployees’ Association (Ind.)................ Cook County, 111.; Cook County Hospital, service employees, Service Employees (S E IU )............................................................................................... Marathon County, Wise.; Highway Department, State, County and Munici pal Employees (A FSC M E)................................................................................ Sauk County, Wise.; Highway Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Michigan; Central Michigan University, Central Michigan University Faculty Association (In d .)................................................................................................ Montgomery County, Ohio; multidepartment unit, State, County and Muni cipal Employees (AFSCM E).............................................................................. New York; Division of State Police, captains and lieutenants unit, Civil Service Em ployees’ Association (In d .)........................................................ . Oneida County, Wise.; Highway Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Pennsylvania; Liquor Control Board, retail stores and subwarehouse, unit of clerks, cashiers, and subwarehousemen, Retail Clerks (R C IA )............ 82 Employer and union 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Kitsap County, W ash.; countywide unit, State, County and Municipal Employees (A FSC M E)....................................................................................... St. Lawrence County, N.Y .; countywide unit, Civil Service Employees’ Association (In d .)................................................................................................ Cook County, 111.; Health and Hospitals Governing Commission, unit of Security Officers I, Teamsters (IBT) (Ind.).................................................... Clark County, W ash.; Public Utility District No. 1, Office and Profes sional Employees (O PEIU )................................................................................ Marin County, Calif.; Sheriffs Department, Marin County Deputy Sheriffs Association (In d .)................................................................................................ Nassau County, N.Y .; countywide unit, Civil Service Employees’ Associa tion (Ind.)............................................................................................................... Jackson County, Mich.; Medical Care Facility, State, County and Munici pal Employees (A FSC M E)................................................................................ Los Angeles County, Calif.; Institutional Support Services, Service Em ployees (SEIU )..................................................................................................... Orange County, N.Y .; countywide unit, Civil Service Employees’ Asso ciation (In d .)......................................................................................................... Erie County, N.Y.; Sheriffs Department, State, County and Municipal Employees (A FSC M E)....................................................................................... Ramsey County, Minn.; Hospital Administration, State, County and Muni cipal Employees (AFSCM E)............................................................................. Pennsylvania; maintenance and trades unit, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Delaware; University of Delaware, physical plant, food service and dormi tories, State, County and Municipal Employees (AFSCM E)..................... Pierce County, W ash.; Hospital Council, Lakewood General Hospital, Washington State Nurses Association (In d .)................................................. Oregon; Eastern Oregon Hospital and Training Center, Oregon State Em ployees Association (In d .)................................................................................. Michigan; Michigan Technological University, State, County and Munici pal Employees (A FSC M E)................................................................................ Oregon; Portland State University, Oregon State Employees Association (In d .)....................................................................................................................... W isconsin; professional patient care unit, W isconsin N urses Associa tion (Ind.)............................................................................................................... M assachusetts; Division of Civil Service, Massachusetts State Employees Association (In d .)................................................................................................ Delaware; Department of Correction, New Castle, Kent and Sussex Cor rec tio n a l In stitu tio n s , S ta te , C ounty and M unicipal E m ployees (AFSCME) ........................................................................................................... Lucas County, Ohio; Road Maintenance Department, State, County and Municipal Employees (AFSCM E).................................................................... Suffolk County, M ass.; County Jail, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Minnesota; Department of Public Safety, radio communications operators, State, County and Municipal Employees (A FSC M E )................................. Dickinson County, Mich.; Road Commission, State, County and Munici pal Employees (A FSC M E)................................................................................ Michigan; University of Michigan, W ashtenaw County Local Building Trades C ouncil..................................................................................................... Marin County, Calif.; firefighters unit, Marin Association of Public Em ployees (Ind.)........................................................................................................ 83 Employer and union 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Grays Harbor County, Wash.; Road Department, Engineer’s Office and Equipment Pool, State, County and Municipal Employees (AFSCM E)... Milwaukee County, Wise.; nurses unit, Staff Nurses Council of Milwaukee (In d .)...................................................................................................................... Los Angeles County, Calif.; supervisory administrative and technical staff unit, Service Employees (SEIU )........ .............................................................. New Castle County, Del.; countywide, salaried employees unit, State, County and Municipal Employees (A FSC M E).............................................. Onondaga County, N.Y .; Community College, Teachers (A F T )................... Manitowoc County, W ise.; Health Care Center, nonprofessional staff, State, County and Municipal Employees (A FSC M E )................................. M assachusetts; Department of Mental Health, M assachusetts Nurses Asso ciation (In d .)......................................................................................................... Michigan; Ferris State College, unit of nonsupervisory, nonacademic per sonnel, State, County and Municipal Employees (AFSCM E).................... Los Angeles County, Calif.; librarians unit, Service Employees (SEIU) .... Manitowoc County, Wise.; county offices and courthouse, mental health center and unionized departments, State, County and Municipal Em ployees (AFSCM E)............................................................................................. Los Angeles County, Calif.; security guards unit, Service Employees (SEIU ).................................................................................................................... Monroe County, N.Y .; Department of Social Services, Electrical Workers (IU E)....................................................................................................................... Greene County, N.Y .; countywide except those represented by other or ganizations, Civil Service Employees’ Association (In d .)........................... Los Angeles County, Calif.; supervisory engineering technicians unit, Marine Engineers (M EBA )................................................................................ Westmoreland County, Pa.; Administrative Units I, II, III, and IV, Service Employees (SEIU) ............................................................................................. Wayne County, Mich.; attorneys unit, Wayne County Government Bar Association (In d .)................................................................................................ Winnebago County, Wise.; Highway Department, State, County and Muni cipal Employees (AFSCM E).............................................................................. Manitowoc County, Wise.; highway employees, State, County and Munici pal Employees (A FSC M E)................................................................................ Pierce County, Wash.; multidepartment, Machinists (IAM), State, County and Municipal Employees (AFSCME), Operating Engineers (IUOE), Electrical, Brotherhood (IBEW), Professional and Technical Engineers (AFPTE), and Teamsters (IBT) (In d .)............................................................ Columbia County, N.Y.; countywide unit, Civil Service Em ployees’ Asso ciation (In d .).......................................................................................................... Los Angeles County, Calif.; medical social workers unit, Service Employees (SEIU ).................................................................................................................... Oregon; Department of Agriculture, Grain Division, Oregon State Employees Association (In d .)................................................................................................ Fulton County, N.Y.; countywide unit, Civil Service Employees’ Associa tion (C SE A ).......................................................................................................... Cuyahoga County, Ohio; Board of Mental Retardation, Association of Cuya hoga County Teachers of Trainable Retarded (In d .).................................... Los Angeles County, Calif.; supervisory paramedical-health employees unit, Service Employees (SEIU )....................................................................... W estchester County, N .Y .; Parkway Police, sergeants and patrolmen, W estchester County Parkw ay Patrolm en’s B enevolent A ssociation (In d .)................................ ...................................................................................... 84 Clause num ber 207 208 Employer and union Expiration date Onondaga County, N.Y .; licensed practical nurses unit, Licensed Practical Nurses of New York (Ind.)................................................................................ Marin County, Calif.; Probation Department, Service Employees (SEIU ).. December 1976 June 1977 85 | ]< ^ ^ P A basic reference source showing how negotiators in different industries handle ' specific problems, complete with illustrative clauses identified by the company and union signatories, and detailed tabulations on prevalence of clauses. Based on an analysis of about 1800 major agreements, 15 bulletins dealing with key issues in collective bargaining have been completed by the Bureau of Labor Statistics. ORDER FORM Check the Publication Desired B ulletin Num ber T itle Date o f P ublication Price Major Collective Bargaining Agreements: __ __ ___ __ — __ ___ ___ ___ __ __ __ ___ ___ — Grievance P rocedures.................................................................. . . . Severance Pay and Layoff Benefit Plans..................................... .. . Supplemental Unemployment Benefit Plans and Wage-Employment Guarantees................................................ . . . Deferred Wage Increase and Escalator C lauses....................... . . . Management Rights and Union-Management Cooperation.. . . . . . Arbitration P rocedures.................................................................. . . . Training and Retraining P ro visio n s............................................. . . . Subcontracting............................................................................... . . . Paid Vacation and Holiday Provisions......................................... . . . Plant Movement, Transfer, and Relocation A llo w a n ce s........... . . . Seniority in Promotion and Transfer Provisions......................... . . . Administration of Negotiated Pension, Health, and Insurance P la n s .......................................................................... . . . Layoff, Recall, and Worksharing P rocedures............................. . . . Administration of Seniority............................................................ . . . Hours, Overtime and Weekend Work ......................................... . . 1425-1............. ............1964 ........................... . . .$ 1.45 1.80 1425-2............. ............1965 ........................... . . . 1425-3............. 1425-4............. 1425-5............. 1425-6.............. 1425-7.............. 1425-8............. 1425-9............. 1425-10........... 1425-11........... ............1965 ........................... ............1966 ........................... ........... 1966 ........................... ........... 1966 ........................... ........... 1969 ........................... ........... 1969 ........................... ........... 1969 ........................... ........... 1969 ........................... ........... 1970 ......................... 1425-12............ 1425-13........... 1425-14............ 1425-15 .......... ........... 1970 ........... 1972 ........... 1972 ........... 1974 . .. ... ... ... . .. ... ... ... 1.80 1.10 1.35 2.40 1.05 1.10 1.90 1.55 1.25 ......................... ......................... . . . ......................... . . . .......................... 1.00 1.75 1.25 1.45 . . . $22.20 Total for all 15 Bulletins ................................................................ Regional Office Bureau of Labor Statistics U.S. Department of Labor To order, check the bulletins wanted above, and mail with payment, to your nearest Bureau of Labor Statistics regional office. MAKE CHECK PAYABLE TO SUPERINTENDENT OF DOCUMENTS. Prices of Government publications are subject to change. 1603 Federal Building, Boston, Mass. 02203 1515 Broadway, New York, N.Y. 10036 P.O. Box 13309, Philadelphia, Pa. 19101 1371 Peachtree Street, N.E., Atlanta, Ga. 30309 230 S. Dearborn Street, Chicago, III. 60604 911 Walnut Street, Kansas City, Mo. 64106 555 Griffin Square Building, Dallas, Texas 75202 450 Golden Gate Ave., San Francisco, Calif. 94102 ☆ U. S. G O V E R N M E N T P R IN T IN G O F F I C E : 1976 O - 210-882 (192) BUREAU OF LABOR STATISTICS REGIONAL OFFICES Region V Region I 1603 J F K Federal Building Government Center Boston, Mass. 02203 Phone: (617) 223-6761 9th Floor Federal Office Building 230 S. Dearborn Street Chicago, III. 60604 Phone: (312) 353-1880 Region II Suite 3400 1515 Broadway New York, N.Y. 10036 Phone: (212) 399-5405 Region III 555 Griffin Square Building Dallas, Tex. 75202 Phone: (214) 749-3516 Regions V II and V I I I * 911 Walnut Street Kansas City. Mo. 64106 Phone: (816) 374-2481 3535 Market Street P.O. Box 13309 Philadelphia, Pa. 19101 Phone: (215) 596-1154 Regions IX and X * * Region IV 1371 Peachtree Street, NE. Atlanta, Ga. 30309 Phone: (404) 526-5418 Region V I Second Floor 450 Golden Gate Avenue Box 36017 San Francisco, Calif. 94102 Phone: (415) 556-4678 * Regions VII and VIII are serviced by Kansas City ** Regions IX and X are serviced by San Francisco Rev. 8/76 U. S. Department of Labor Bureau of Labor Statistics Washington, D.C. 20212 Postage and Fees Paid U.S. Department of Labor Third Class Mail Official Business Penalty for private use, $300 Lab-441
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