MASTER AGREEMENT BETWEEN COMMONWEALTH OF …

MASTER AGREEMENT BETWEEN

COMMONWEALTH OF PENNSYLVANIA AND

COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO

July 1, 2019 to June 30, 2023

TABLE OF CONTENTS

PREAMBLE ARTICLE 1, RECOGNITION ARTICLE 2, MANAGEMENT RIGHTS ARTICLE 3, MEMBERSHIP AND EMPLOYEE ORIENTATION ARTICLE 4, DUES DEDUCTION ARTICLE 5, CREDIT UNION ARTICLE 6, HOURS OF WORK ARTICLE 7, REST PERIODS ARTICLE 8, MEAL PERIODS ARTICLE 9, EATING AND SANITARY FACILITIES ARTICLE 10, HOLIDAYS ARTICLE 11, PERSONAL LEAVE DAYS (VACATED) ARTICLE 12, LEAVES OF ABSENCE ARTICLE 13, VACATIONS ARTICLE 14, SICK LEAVE AND BEREAVEMENT LEAVE ARTICLE 15, CIVIL LEAVE ARTICLE 16, MILITARY LEAVE ARTICLE 17, LEAVES OF ABSENCE WITHOUT PAY ARTICLE 18, FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE ARTICLE 19, SALARIES AND WAGES ARTICLE 20, OVERTIME ARTICLE 21, SHIFT DIFFERENTIAL ARTICLE 22, CALL TIME ARTICLE 23, STANDBY TIME ARTICLE 24, LIFE INSURANCE ARTICLE 25, HEALTH BENEFITS ARTICLE 26, WORK-RELATED INJURIES ARTICLE 27, CLASSIFICATION ARTICLE 28, DISCHARGE, DEMOTION, SUSPENSION, AND DISCIPLINE ARTICLE 29, SENIORITY ARTICLE 30, UNIFORMS, CLOTHING AND EQUIPMENT ARTICLE 31, DISCRIMINATION/EMPLOYEE TREATMENT ARTICLE 32, UNION BUSINESS ARTICLE 33, SPECIAL AND PART-TIME EMPLOYEES ARTICLE 34, PEACE AND STABILITY ARTICLE 35, MISCELLANEOUS PROVISIONS ARTICLE 36, EQUAL EMPLOYMENT OPPORTUNITY ARTICLE 37, GRIEVANCE AND ARBITRATION/STANDARD GRIEVANCE

PROCEDURE ARTICLE 38, GRIEVANCE AND ARBITRATION/ACCELERATED

GRIEVANCE PROCEDURE ARTICLE 39, SAFETY AND HEALTH

Page 4 4 4 5 6 7 8 10 11 11 12 16 16 17 21 24 26 29 30 34 37 41 41 42 42 43 51 55 58 60 70 71 71 72 72 73 76

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79 84

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ARTICLE 40, SUCCESSORS

85

ARTICLE 41, LABOR MANAGEMENT COOPERATION AND TRAINING

COMMITTEE

85

ARTICLE 42, POLITICAL ACTION COMMITTEE DEDUCTIONS

85

ARTICLE 43, PRESERVATION OF BARGAINING UNIT WORK

86

ARTICLE 44, TEMPORARY POOL EMPLOYEES

88

ARTICLE 45, LEAVE DONATION PROGRAM

88

ARTICLE 46, TERMINATION

91

SIGNATURE PAGES

APPENDIX A, STANDARD PAY SCHEDULE, EFFECTIVE JULY 1, 2019

92

APPENDIX B, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2020

96

APPENDIX C, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2021

100

APPENDIX D, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2022

104

APPENDIX E, JOB TITLES BY BARGAINING UNIT

108

APPENDIX F, ORGANIZATIONAL SENIORITY UNITS BY AGENCY

141

APPENDIX G, RULES OF THE ACCELERATED GRIEVANCE PROCEDURE

172

APPENDIX H, MAINTENANCE AND TRADES UNIT

177

APPENDIX I, CLERICAL, ADMINISTRATIVE AND FISCAL UNIT

198

APPENDIX J, HUMAN SERVICES UNIT

201

APPENDIX K, TECHNICAL SERVICES UNIT

212

APPENDIX L, INSPECTION, INVESTIGATION AND SAFETY UNIT

216

APPENDIX M, PROFESSIONAL, ADMINISTRATIVE AND FISCAL UNIT

222

APPENDIX N, ENGINEERING AND SCIENTIFIC UNIT

228

APPENDIX O, OFFICE OF ATTORNEY GENERAL UNITS

235

APPENDIX P, STATE PUBLIC SCHOOL BUILDING AUTHORITY UNITS

244

APPENDIX Q, AUDITOR GENERAL UNITS

245

APPENDIX R, PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION

UNITS

252

APPENDIX S, PENNSYLVANIA HIGHER EDUCATION ASSISTANCE

AGENCY UNITS

266

APPENDIX T, TREASURY UNITS

272

APPENDIX U, PENNSYLVANIA GAMING CONTROL BOARD UNITS

276

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PREAMBLE

This Agreement entered into by Council 13 American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the Union, and the Commonwealth of Pennsylvania, hereinafter referred to as the Employer, has as its purpose the promotion of harmonious relations between the Union and the Employer; the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment.

ARTICLE 1 RECOGNITION

Section 1. Council 13 of the American Federation of State, County, and Municipal Employees, AFL-CIO, is recognized as the exclusive representative for collective bargaining purposes for employees within the classifications included under the following certifications of the Pennsylvania Labor Relations Board: PERA-R-13-C, Units I and III, Maintenance and Trades; PERA-R-1205-C and R-1207-C, Human Services; PERA-R-1413-C, Clerical, Administrative and Fiscal; PERA-R-2180-C, Technical Services; PERA-R-777-C, Inspection, Investigation and Safety; PERA-R-2687-C, Professional, Administrative and Fiscal; PERA-R-3294-C, Engineering and Scientific; PERA-R-l329-C, R-1330-C, R-1331-C and R-1879-C, Auditor General Department; PERA-R-1468-C, R-1469-C, R-1470-C, and R-2495-C, Treasury Department; PERA-R-2598-C, Pennsylvania Higher Education Assistance Agency; PERA-R-2566-C and PERA-R-2567-C, Public School Building Authority; PERA-U-81-351-E, U-81-352-E and U-353-E, Attorney General; Pennsylvania State System of Higher Education; and PERA-R-09-54-E and PERA-R-09-57-E, Pennsylvania Gaming Control Board.

Section 2. The term employee when used in this Agreement is defined as those persons in the classifications covered by the certifications referred to in Section 1 of this Article.

ARTICLE 2 MANAGEMENT RIGHTS

Section 1. It is understood and agreed that the Employer, at its sound discretion, possesses the right, in accordance with applicable laws, to manage all operations, including the direction of the working force and the right to plan, direct, and control the operation of all equipment and other property of the Employer, except as modified by this or unit agreements.

Matters of inherent managerial policy are reserved exclusively to the Employer. These include but shall not be limited to such areas of discretion or policy as the functions and programs of the Employer, standards of service, its overall budget, utilization of technology, the organizational structure, and selection and direction of personnel.

Section 2. The listing of specific rights in this Article is not intended to be nor should be considered restrictive or as waiver of any of the rights of management not listed and not specifically

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surrendered herein whether or not such rights have been exercised by the Employer in the past.

ARTICLE 3 MEMBERSHIP AND EMPLOYEE ORIENTATION

Section 1. The Employer shall inform new, transferred, promoted or demoted employees in the bargaining unit that the Union is the exclusive representative.

Section 2. The Employer, using Employee Self Service (ESS), or alternative methods, shall provide employees with Union membership and dues deduction materials. In instances where Employee Self Service is not available, the Union shall furnish the Employer with sufficient copies of membership and dues deduction materials. Further the Employer shall include a link to a Unionprovided website in any electronic onboarding that is utilized to orient new employees.

Section 3. a. The Union shall be given the opportunity to access new employees during the agency orientation process.

b. The Union shall provide a single point of contact to which the Employer will provide a timely copy of the written notice confirming an employee's hire or transfer into a position represented by the Union.

c. The Union shall be given up to one (1) hour during new employee orientation to address bargaining unit members and distribute materials. The Employer will provide reasonable written notice of such orientation and will provide the Union with an electronic list of expected participants in advance of the orientation. The Union may select a reasonable number of employee representatives from within its bargaining units to attend the orientation during paid work time to participate in the Union's presentation to new employees, subject to management's responsibility to maintain efficient operations.

d. The Employer shall include a link to a Union-provided website in any electronic onboarding that is utilized to orient new employees. Additionally, where the employees' only orientation is the electronic onboarding process, the Union shall be given up to one (1) hour during working hours to provide an in-person presentation comparable to that provided at in-person orientations under paragraph b, above. The scheduling of this presentation and release of employees for their voluntary attendance shall be subject to management's responsibility to maintain efficient operations.

e. The Union may conduct a meeting of no more than one (1) hour in length with bargaining unit employees at each worksite, during the workday, on an annual basis for the purpose of training/discussion to familiarize employees with the terms of applicable labor agreement and to discuss other labor relations issues. The Union shall not communicate and/or distribute information of a partisan political nature or that which is detrimental to the labor-management relationship. The scheduling of the meeting and release of employees for their voluntary attendance shall be subject to management's responsibility to maintain efficient operations.

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