Our Proposed contract
This Agreement made and entered into this xxxxxx day of xxxxxx, 2011 by and between the Fund for the Public Interest, hereinafter referred to as "the Employer” or "the Fund” and the Communication Workers of America, hereinafter referred to as the “Union."
Article One - Recognition, Responsibility and Respect
We recognize that:
a. The Fund is a nonprofit corporation with employees and volunteers, including the Board of Directors;
b. The Fund is dependent upon the quality and dedication of its employees to achieve its mission;
c. The Union is the exclusive representative of the TOP bargaining unit, which is all full-time and regular part-time staff (known as callers, administrative assistants, and probationary employees) for collective bargaining in respect to the rates of pay, wages, hours of employment and benefits. Excluded from the unit are the Board of Directors, volunteers, managers, supervisors and confidential employees as defined in the National Labor Relations Act; and
d. It is in the best interest of The Fund and the wider community that all dealings between The Fund and the bargaining unit continue to be characterized by mutual responsibility and respect.
Article Two - Categories
Non-management employees fall within the following categories:
a. Probationary Employees
A probationary employee is a new employee hired for a regular position who has not yet successfully passed a two month evaluation period. The probationary period can be extended by mutual agreement. Probationary employees are at-will.
b. Full Time and Part Time Employees
Regular employees are those that have successfully fulfilled their probationary evaluation period and are considered regular employees with just cause termination rights, subject to the Union grievance process. Full Time employees are those who are regularly scheduled to work 6 shifts per week or more. Part Time employees are those who are regularly scheduled to work less than 6 shifts per week.
c. Employees Duties
i. Callers
a. Work week and shift length
The TOP‘s work week is from Friday through Thursday. Saturdays are the normal non-work day. A shift is a minimum of 4 hours. The daily schedule is as follows:
4:50 - 9:05pm Sunday (with a 15 minute paid break)
12:50 - 4:50pm Monday-Thursday (with a 15 minute paid break)
4:50 - 5:20 pm Unpaid Meal Break
5:20 - 9:20pm Monday-Thursday (with a 15 minute paid break)
1 :50 - 6:05pm Friday (with a 15 minute paid break)
b. Rest periods and meal times
Employees are provided paid fifteen (15) minute rest breaks and a minimum of thirty minutes of unpaid meal time in accordance with wage and hour laws in the State of Oregon.
c. Schedule posting
The Employer maintains a schedule of work shifts which is made available to all employees. The schedule will be posted in the common work area for the relevant week no later than the end of the work day two weeks prior to the start of said schedule. All employees are expected to check the schedule for any changes in the upcoming week.
In the event that management chooses to close the office temporarily or end a shift early for reasons including but not limited to inclimate weather, technological breakdown or budgetary constraints the affected employees will be paid at their normal rate of pay for the duration of time scheduled.
Article Four – Transparency of Lists
We are proposing a responsible distribution of turf (or “lists”) that will protect both the Fund and the bargaining unit, but are unable to provide those until we receive the appropriate information to which we are entitled under the National Labor Relations Act.
Article Five – Wages
We are proposing a substantial increase in wages and a restructuring of wage decreases, but are unable to provide those until we receive the appropriate information to which we are entitled under the National Labor Relations Act.
Article Six – Performance Evaluation
We are proposing an equitable adjustment of performance evaluation based in part on the contents of Article Four and Article Five. We will be able to provide the contents of this once we receive the appropriate information regarding those articles.
Article Seven - Seniority
Seniority will be based on the number of accumulated hour worked by and paid to bargaining unit members for the first date of hire. Seniority lists will be maintained by management and a copy furnished to the union every quarter. Seniority is defined by length of service and based upon an employee‘s start date. If an employee ceases working at the TOP for a period of more than twenty four months, that employee loses seniority. Current employees will have their seniority calculated without prior leaves of absence considered. Seniority applies to Layoffs (Article Twenty)
Article Eight - Training
a. Scheduling Training
Training required by the Employer for employees generally shall be conducted during their regularly scheduled hours. Employees generally will be offered an opportunity to make up required trainings.
b. Training Costs
The Employer will pay for the cost of any training required by the Employer. The Employer will pay the employees the regular rate of pay during the required training.
c. Training Orientees
The Employer agrees to orient all new employees to elements like basic office procedures, an overview of the Employer and its departments, enrollment for benefits as well as job specific training.
d. Notice of Meetings
Employees generally will be given one (1) week/seven (7) days notice of mandatory meetings outside of standard briefings. Mandatory meetings shall be paid time.
e. Training required to perform work related duties
When knowledge of the working of a new system, program or procedure is required for the employee to perform job-related duties, employees will be trained after decisions to change or revise systems, etc. Supervisors will establish a training timeline and a monitoring schedule to insure employees receive the appropriate training and support. All employees are expected to complete training within the established timeline unless there are extenuating circumstances, as determined by the supervisor. No employee shall be disciplined for work performance related to a new system or program until after the employee has had the opportunity to complete the training related to the new system, program or procedure.
Article Nine - Holidays
a. Eligibility
All bargaining unit employees will receive prorated holiday pay based on their standard weekly hours as defined in Article xxxxxxxx of this Agreement.
b. Standard Holidays
The following are paid holidays at the TOP
The TOP is closed Thanksgiving day and the Friday and Saturday which directly follow.
The TOP provides a paid holiday on the first day of May providing that day falls on a day that the TOP would otherwise be open for business.
c. Additional Holidays
The Fund may elect to provide additional partial or full days as paid holidays during a year.
Article Ten - Paid Time Off (PTO)
a. Eligibility
All bargaining unit employees will accrue Paid Time Off following the completion of their probationary period figured from start date. Current bargaining unit employees shall accrue PTO from their anniversary date in 2010 or hire date thereafter. PTO increases go into effect at the first day of the pay period immediately following the employee's anniversary date. This is a straight fraction of every hour paid, listed below.
b. Length of Service/ Percentage PTO:
Though the employer may accept a shorter notification period on a case-by-case basis for emergency situations, employees must request scheduled paid time off per the following schedule:
Employees may request up to a month of unpaid time off per year which the Employer will consider on a case-by-case basis.
e. Illness
In the event that an employee is unwell and or unable to perform their duties they may call in to the office no later than one hour prior to the start of their assigned shift and request it off. It is the prerogative of the employee whether they wish to utilize PTO for the missed time, loose pay for the missed time, or make the missed time up by working another shift.
Article Eleven – Benefits
a. The Fund will provide fully paid medical, dental, and optical insurance to all bargaining unit employees.
b. Oregon Family Leave Act (OFLA)
The Employer agrees that the Oregon Family Leave Act applies to Bargaining Unit members, and includes their domestic partners regardless of gender or official status.
c. Retirement Benefits
The Fund will maintain its current 401K retirement plan.
Article Twelve - Discipline and Discharge
Disciplinary action, up to and including discharge, may be imposed on employees only for just and sufficient cause and shall be corrective where appropriate. if the Employer believes that there is just cause for discharge, the employee will be notified in writing of the reason(s) therefore, and the effective date of the discharge. The CWA shall have the right to take up a discharge at the Second step of the Grievance Procedure. An employee found to have been unjustly discharged shall be reinstated in accordance with the conditions agreed to between the parties or the decision of the Arbitrator. Discipline and/or dismissal regarding performance must refer back to Article xxx (Performance Evaluation) and Article xxxx (Wages)
Article Thirteen - Union Security
It shall be a condition of employment that all employees of The Fund covered by this Agreement, who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, not later than the 30th day following the beginning of such employment, become and remain members in good standing in the Union.
In the event the Union does not accept into membership any employee tendering the regular monthly Union fees the foregoing paragraph shall not be applicable, provided, however, that the Union may at any time thereafter decide to take such employee into membership, in which case said employee shall be required to tender the full regular monthly fees in effect in the Union eight (8) days following notification by the Union and shall thereafter be required to maintain his membership in accordance with the provision of the foregoing paragraph, In the even that such employee fails to comply with this paragraph, the Union shall notify the employer and the employer shall discharge said employee within forty—eight (48) hours.
Article Fourteen - Payment of Union Dues
The Fund agrees upon receipt of an acceptable union dues deduction authorization card signed voluntarily by an employee to deduct the amount of union dues (excluding initiation fees, fines and special assessments) certified to The Fund by the Union. Deductions shall continue until written cancellation is provided to the Employer.
The Fund will make deductions in such manner as is most convenient to the established payroll system and pay to the Union the amount of these deductions once per month. The Fund will supply the Union with an updated list of the employees in the bargained-for unit on a monthly basis. The list will include the employee's name, home address, social security number, and the term of employment.
The Employer shall notify the Union of an employee that terminates employment with the Employer. An employee authorization shall be automatically canceled upon termination of employment. An employee's authorization shall be suspended upon a leave of absence in excess of thirty (30) calendar days. The employee's authorization shall be reinstated after a return from a leave of absence.
Any change in the amount of monthly Union dues will be certified to the Employer by the Secretary-Treasurer of the Communications Workers of America. A certification which changes the dues shall become effective the first day of the pay period following the date the Employer receives such notification.
Payment of Union Dues Authorization
Name Location
Print (Last) (First) (Middle Initial)
The undersigned hereby authorizes The Fund to deduct from pay an amount equal to the regular dues as certified to the Employer by the Secretary—Treasurer of the Communications Workers of America, Local 7901, and remit the same to the Secretary-Treasurer of the Communications Workers of America or their duly authorized agent. This authorization may be revoked by me at any time by written request to the Employer, or by written request by the Secretary-Treasurer of the Union or the Employer's appropriate representative.
Resident Address
Signature of Employee
City or Town ZIP Code State
Social Security Number
Date Received by Management
Date Effective Local Number
Article Fifteen - Union Representation
a. New Employees
As part of each bargaining unit employees orientation, the employee will be introduced by the Employer to a designated Union Steward. The employer will designate a one hour meeting between the new employee and two union stewards within the first week of employment. The meeting will be paid for all parties.
b. Steward System
A Steward system shall be established and serve as the first line of Union representation. Steward Functions which will be paid for by the Employer. The paid function of the stewards shall be to present any grievance arising under the terms and conditions of this Agreement that has been requested by an employee or employees and to attend any meetings with representatives of the Employer when such meetings are necessary to present any such grievances. Stewards will be given a reasonable amount of unpaid time on the job to investigate after notice is given and as long as it does not interfere with daily operations of the Employer.
c. Steward Business
The Employer agrees that the stewards shall be free to conduct their duties as long as such duties do not interfere with The Fund‘s normal conduct of business. One (1) steward will be on paid time when performing steward duties during regular working hours. Only one (1) steward shall be in pay status during the course of investigating a specific grievance or potential grievance. Up to two (2) stewards shall be in pay status during meetings with the Employer's representatives over a specific grievance when neither the grievant nor another member of the bargaining unit is present, and one (1) steward shall be in pay status if the grievant or another member of the bargaining unit is present.
d. Identification of Stewards
The Union shall notify the Employer of the names of stewards and officers of the local.
Article Sixteen - Right of Employee to Union Representation
Bargaining unit employees subject to discipline have the right to union representation in accordance with Weingarten Rights, including representation at investigatory and disciplinary meetings.
Article Seventeen - Grievance Procedure and Arbitration
a. Grievance Defined
A grievance is defined as a complaint, dispute, controversy, or difference between Bargaining Unit member(s) and the Employer, which arises during the term of the Agreement and involves an alleged violation of the terms and conditions of this Agreement. The Employer and the Union endorse the general proposition that, whenever possible, grievances, complaints and other disputes shall be resolved at the lowest possible level, and specifically between the employee and the manager. Both parties will extend efforts to establish a working relationship between the employees and managers. If any grievances arise, including but not limited to a grievance concerning a discharge or a substantially excessive continuous workload, or a dispute regarding the interpretation of language, it shall be submitted under the following grievance procedure. Time limits set forth in the following steps may only be extended by mutual consent of the parties hereto.
Step 1 - Manager
The employee or group of employees and the Union Steward if requested by the employee(s),shall present the grievance in writing to the manager no later than thirty (30) calendar days after the event giving rise to the grievance. The manager shall respond in writing to the grievance within ten (10) working days of receipt of the grievance.
Step 2 – National TOP Director
If the matter is not resolved at Step 1 to the employee's satisfaction, the grievance may be referred in writing to the National TOP Director or designee who has not previously met on the specific grievance within ten (10) working days of the Step 1 response. Within ten (10) working days of receipt of the Step 2 grievance, a meeting shall occur between the National TOP Director or designee, the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the National TOP Director or designee will provide a written response.
Step 3 — Grievance Designee(s)
If the matter is not resolved at Step 2 to the employee’s satisfaction, the grievance may be referred in writing to the Grievance Designee(s) (which will be selected by the Board of Directors and who has not previously met on the specific grievance) within ten (10) working days of the Step 2 response. Within ten (10) working days of receipt of the Step 3 grievance, a meeting shall occur between the Grievance Designee(s), the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the Grievance Designee(s) will provide a written response.
Step 4 - Arbitration
If the grievance is not settled on the basis of the foregoing procedures, either the Employer or the Union may notify the other party, in writing, of their intent to submit the issue for arbitration within twenty one (21) calendar days following the receipt of the response from the Grievance Designee(s). If the Employer and the Union fail to agree on an arbitrator within fourteen (14)days, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the arbitrator. The arbitrator‘s decision shall be final and binding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred incident to the arbitration hearing. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other party.
b. Suspension, Demotion and Discharge
Suspension, demotion or discharge grievances will be submitted initially at Step Two (2) and then proceed through the grievance/arbitration procedure.
Article Eighteen - Federal, State and Local Laws
ln the event any Federal, State or local law conflicts with the provisions of this Agreement, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Agreement shall continue in full force and effect.
Article Nineteen - Non-discrimination
a. Neither the Management nor the Union shall discriminate against any employee because of such employee's race, religion, sex, sexual orientation, gender identity, age, national origin or other status protected by applicable non-discrimination laws.
b. The Management shall not interfere with, restrain, coerce, intimidate, or otherwise discriminate against any employee because of membership or lawful activity in forwarding the interests or purposes of the Union.
Article Twenty - Layoffs
a. Layoff Defined
A layoff is defined as a separation of an employee from service due to downsizing or reorganization.
b. Layoff Notification
The Employer shall notify the Union and all employees at least thirty (30) days in advance, in writing, of potential or pending layoff of employees and the reasons for such actions. The Union shall have one week from receipt of notification to request a meeting to discuss the reasons for the layoff and engage in joint problem solving.
c. Layoff Process
In the event of a reduction in The Fund staff, the Employer has sole discretion to determine which work areas will be affected. An employee shall be laid off in order of reverse seniority in affected work areas. The Union and the Employer shall meet to discuss the effects of the layoffs.
d. Return From Layoff List
Prior to the effective date of a layoff, the employee(s) may choose to be placed on a return from layoff list. An employee on the list shall provide the Employer with a resume which may be updated while in layoff status if additional skills are attained through training, education, or work experience. It is also the responsibility of the employee on the list to provide the Employer with any changes in contact information.
e. Recall
Employees on the return from layoff list will be recalled by seniority for vacant positions for which they are qualified, until the available appropriate vacancies have been filled. Employees may be removed from the list if they decline two (2) recall offers or they cannot be contacted due to out of date contact information. Laid off employees will be provided, in writing, with the method for updating contact information before their lay-off date. The employer will not be required to maintain an employee on the return from layoff list for longer than twelve (12)months from the date of layoff.
Article Twenty-One - Amendments
All matters within the scope of bargaining have been negotiated and agreed upon. The terms and conditions set forth in this Agreement represent the sole and complete understanding and commitment between the Employer and the Employees for the duration of this Agreement. Both parties may agree to open negotiations on an Article before the expiration of this Agreement.
Article Twenty-Two - Workplace Safety Advisory Committee
The Fund will institute a workplace safety advisory committee to work with all staff and volunteers at The Fund to address safety issues. The committee may make recommendations for policies and procedures regarding issues such as, but not limited to building safety, first aid, , etc. The bargaining unit may select two representatives to this committee. The Employer will appoint one or two representatives to the committee, empowered to authorize actions recommended by the committee within boundaries set by law and current The Fund policies.
Article One - Recognition, Responsibility and Respect
We recognize that:
a. The Fund is a nonprofit corporation with employees and volunteers, including the Board of Directors;
b. The Fund is dependent upon the quality and dedication of its employees to achieve its mission;
c. The Union is the exclusive representative of the TOP bargaining unit, which is all full-time and regular part-time staff (known as callers, administrative assistants, and probationary employees) for collective bargaining in respect to the rates of pay, wages, hours of employment and benefits. Excluded from the unit are the Board of Directors, volunteers, managers, supervisors and confidential employees as defined in the National Labor Relations Act; and
d. It is in the best interest of The Fund and the wider community that all dealings between The Fund and the bargaining unit continue to be characterized by mutual responsibility and respect.
Article Two - Categories
Non-management employees fall within the following categories:
a. Probationary Employees
A probationary employee is a new employee hired for a regular position who has not yet successfully passed a two month evaluation period. The probationary period can be extended by mutual agreement. Probationary employees are at-will.
b. Full Time and Part Time Employees
Regular employees are those that have successfully fulfilled their probationary evaluation period and are considered regular employees with just cause termination rights, subject to the Union grievance process. Full Time employees are those who are regularly scheduled to work 6 shifts per week or more. Part Time employees are those who are regularly scheduled to work less than 6 shifts per week.
c. Employees Duties
i. Callers
- Raise money on the phone from our members or from prospects.
- Work at least 3 four-hour shifts a week.
- Conduct campaign work: Collect e-mail addresses, and ask members if
we can use their name on a postcard or petition, or to call a campaign
target in support of some campaign activity. - Callers may be invited by partner groups to participate in unpaid campaign
trainings that are unrelated to their day-to-day job duties, - Some callers train other callers: One-on-one training of observers,
conducting retrains, and running group role plays.
- Look up missing and wrong phone numbers
- Packets prep: Pre-stuff inserts into envelopes for callers
- Calling shift set up: Print out pledge cards and distribute to callers and assist with station set up of materials
- Assist with distribution of stamps at end of evening
- Run errands (to bank, to post office).
- Assist with monitoring materials inventory
a. Work week and shift length
The TOP‘s work week is from Friday through Thursday. Saturdays are the normal non-work day. A shift is a minimum of 4 hours. The daily schedule is as follows:
4:50 - 9:05pm Sunday (with a 15 minute paid break)
12:50 - 4:50pm Monday-Thursday (with a 15 minute paid break)
4:50 - 5:20 pm Unpaid Meal Break
5:20 - 9:20pm Monday-Thursday (with a 15 minute paid break)
1 :50 - 6:05pm Friday (with a 15 minute paid break)
b. Rest periods and meal times
Employees are provided paid fifteen (15) minute rest breaks and a minimum of thirty minutes of unpaid meal time in accordance with wage and hour laws in the State of Oregon.
c. Schedule posting
The Employer maintains a schedule of work shifts which is made available to all employees. The schedule will be posted in the common work area for the relevant week no later than the end of the work day two weeks prior to the start of said schedule. All employees are expected to check the schedule for any changes in the upcoming week.
In the event that management chooses to close the office temporarily or end a shift early for reasons including but not limited to inclimate weather, technological breakdown or budgetary constraints the affected employees will be paid at their normal rate of pay for the duration of time scheduled.
Article Four – Transparency of Lists
We are proposing a responsible distribution of turf (or “lists”) that will protect both the Fund and the bargaining unit, but are unable to provide those until we receive the appropriate information to which we are entitled under the National Labor Relations Act.
Article Five – Wages
We are proposing a substantial increase in wages and a restructuring of wage decreases, but are unable to provide those until we receive the appropriate information to which we are entitled under the National Labor Relations Act.
Article Six – Performance Evaluation
We are proposing an equitable adjustment of performance evaluation based in part on the contents of Article Four and Article Five. We will be able to provide the contents of this once we receive the appropriate information regarding those articles.
Article Seven - Seniority
Seniority will be based on the number of accumulated hour worked by and paid to bargaining unit members for the first date of hire. Seniority lists will be maintained by management and a copy furnished to the union every quarter. Seniority is defined by length of service and based upon an employee‘s start date. If an employee ceases working at the TOP for a period of more than twenty four months, that employee loses seniority. Current employees will have their seniority calculated without prior leaves of absence considered. Seniority applies to Layoffs (Article Twenty)
Article Eight - Training
a. Scheduling Training
Training required by the Employer for employees generally shall be conducted during their regularly scheduled hours. Employees generally will be offered an opportunity to make up required trainings.
b. Training Costs
The Employer will pay for the cost of any training required by the Employer. The Employer will pay the employees the regular rate of pay during the required training.
c. Training Orientees
The Employer agrees to orient all new employees to elements like basic office procedures, an overview of the Employer and its departments, enrollment for benefits as well as job specific training.
d. Notice of Meetings
Employees generally will be given one (1) week/seven (7) days notice of mandatory meetings outside of standard briefings. Mandatory meetings shall be paid time.
e. Training required to perform work related duties
When knowledge of the working of a new system, program or procedure is required for the employee to perform job-related duties, employees will be trained after decisions to change or revise systems, etc. Supervisors will establish a training timeline and a monitoring schedule to insure employees receive the appropriate training and support. All employees are expected to complete training within the established timeline unless there are extenuating circumstances, as determined by the supervisor. No employee shall be disciplined for work performance related to a new system or program until after the employee has had the opportunity to complete the training related to the new system, program or procedure.
Article Nine - Holidays
a. Eligibility
All bargaining unit employees will receive prorated holiday pay based on their standard weekly hours as defined in Article xxxxxxxx of this Agreement.
b. Standard Holidays
The following are paid holidays at the TOP
- New Year‘s Day (January 1)
- Memorial Day (last Monday in May)
- Independence Day (July 4)
- Labor Day (first Monday in September)
- Thanksgiving (fourth Thursday in November, 3 days)
- Christmas Day (December 25)
- Martin Luther King Jr. Day (January 16)
- May Day (May 1)
The TOP is closed Thanksgiving day and the Friday and Saturday which directly follow.
The TOP provides a paid holiday on the first day of May providing that day falls on a day that the TOP would otherwise be open for business.
c. Additional Holidays
The Fund may elect to provide additional partial or full days as paid holidays during a year.
Article Ten - Paid Time Off (PTO)
a. Eligibility
All bargaining unit employees will accrue Paid Time Off following the completion of their probationary period figured from start date. Current bargaining unit employees shall accrue PTO from their anniversary date in 2010 or hire date thereafter. PTO increases go into effect at the first day of the pay period immediately following the employee's anniversary date. This is a straight fraction of every hour paid, listed below.
b. Length of Service/ Percentage PTO:
- at hire 2.8% 1.5 week per year
- after 1 year 3.85% 2 weeks per year
- after 2 years 4.81% 2.5 weeks per year
- after 3 years 5.77% 3 weeks per year
- after 4 years 6.73% 3.5 weeks per year
- after 5 years 7.69% 4 weeks per year
Though the employer may accept a shorter notification period on a case-by-case basis for emergency situations, employees must request scheduled paid time off per the following schedule:
- 0-16 hours leave 48 hours in advance
- 16-40 hours leave 1 week in advance
- 40+ hours leave 2 weeks in advance
Employees may request up to a month of unpaid time off per year which the Employer will consider on a case-by-case basis.
e. Illness
In the event that an employee is unwell and or unable to perform their duties they may call in to the office no later than one hour prior to the start of their assigned shift and request it off. It is the prerogative of the employee whether they wish to utilize PTO for the missed time, loose pay for the missed time, or make the missed time up by working another shift.
Article Eleven – Benefits
a. The Fund will provide fully paid medical, dental, and optical insurance to all bargaining unit employees.
b. Oregon Family Leave Act (OFLA)
The Employer agrees that the Oregon Family Leave Act applies to Bargaining Unit members, and includes their domestic partners regardless of gender or official status.
c. Retirement Benefits
The Fund will maintain its current 401K retirement plan.
Article Twelve - Discipline and Discharge
Disciplinary action, up to and including discharge, may be imposed on employees only for just and sufficient cause and shall be corrective where appropriate. if the Employer believes that there is just cause for discharge, the employee will be notified in writing of the reason(s) therefore, and the effective date of the discharge. The CWA shall have the right to take up a discharge at the Second step of the Grievance Procedure. An employee found to have been unjustly discharged shall be reinstated in accordance with the conditions agreed to between the parties or the decision of the Arbitrator. Discipline and/or dismissal regarding performance must refer back to Article xxx (Performance Evaluation) and Article xxxx (Wages)
Article Thirteen - Union Security
It shall be a condition of employment that all employees of The Fund covered by this Agreement, who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, not later than the 30th day following the beginning of such employment, become and remain members in good standing in the Union.
In the event the Union does not accept into membership any employee tendering the regular monthly Union fees the foregoing paragraph shall not be applicable, provided, however, that the Union may at any time thereafter decide to take such employee into membership, in which case said employee shall be required to tender the full regular monthly fees in effect in the Union eight (8) days following notification by the Union and shall thereafter be required to maintain his membership in accordance with the provision of the foregoing paragraph, In the even that such employee fails to comply with this paragraph, the Union shall notify the employer and the employer shall discharge said employee within forty—eight (48) hours.
Article Fourteen - Payment of Union Dues
The Fund agrees upon receipt of an acceptable union dues deduction authorization card signed voluntarily by an employee to deduct the amount of union dues (excluding initiation fees, fines and special assessments) certified to The Fund by the Union. Deductions shall continue until written cancellation is provided to the Employer.
The Fund will make deductions in such manner as is most convenient to the established payroll system and pay to the Union the amount of these deductions once per month. The Fund will supply the Union with an updated list of the employees in the bargained-for unit on a monthly basis. The list will include the employee's name, home address, social security number, and the term of employment.
The Employer shall notify the Union of an employee that terminates employment with the Employer. An employee authorization shall be automatically canceled upon termination of employment. An employee's authorization shall be suspended upon a leave of absence in excess of thirty (30) calendar days. The employee's authorization shall be reinstated after a return from a leave of absence.
Any change in the amount of monthly Union dues will be certified to the Employer by the Secretary-Treasurer of the Communications Workers of America. A certification which changes the dues shall become effective the first day of the pay period following the date the Employer receives such notification.
Payment of Union Dues Authorization
Name Location
Print (Last) (First) (Middle Initial)
The undersigned hereby authorizes The Fund to deduct from pay an amount equal to the regular dues as certified to the Employer by the Secretary—Treasurer of the Communications Workers of America, Local 7901, and remit the same to the Secretary-Treasurer of the Communications Workers of America or their duly authorized agent. This authorization may be revoked by me at any time by written request to the Employer, or by written request by the Secretary-Treasurer of the Union or the Employer's appropriate representative.
Resident Address
Signature of Employee
City or Town ZIP Code State
Social Security Number
Date Received by Management
Date Effective Local Number
Article Fifteen - Union Representation
a. New Employees
As part of each bargaining unit employees orientation, the employee will be introduced by the Employer to a designated Union Steward. The employer will designate a one hour meeting between the new employee and two union stewards within the first week of employment. The meeting will be paid for all parties.
b. Steward System
A Steward system shall be established and serve as the first line of Union representation. Steward Functions which will be paid for by the Employer. The paid function of the stewards shall be to present any grievance arising under the terms and conditions of this Agreement that has been requested by an employee or employees and to attend any meetings with representatives of the Employer when such meetings are necessary to present any such grievances. Stewards will be given a reasonable amount of unpaid time on the job to investigate after notice is given and as long as it does not interfere with daily operations of the Employer.
c. Steward Business
The Employer agrees that the stewards shall be free to conduct their duties as long as such duties do not interfere with The Fund‘s normal conduct of business. One (1) steward will be on paid time when performing steward duties during regular working hours. Only one (1) steward shall be in pay status during the course of investigating a specific grievance or potential grievance. Up to two (2) stewards shall be in pay status during meetings with the Employer's representatives over a specific grievance when neither the grievant nor another member of the bargaining unit is present, and one (1) steward shall be in pay status if the grievant or another member of the bargaining unit is present.
d. Identification of Stewards
The Union shall notify the Employer of the names of stewards and officers of the local.
Article Sixteen - Right of Employee to Union Representation
Bargaining unit employees subject to discipline have the right to union representation in accordance with Weingarten Rights, including representation at investigatory and disciplinary meetings.
Article Seventeen - Grievance Procedure and Arbitration
a. Grievance Defined
A grievance is defined as a complaint, dispute, controversy, or difference between Bargaining Unit member(s) and the Employer, which arises during the term of the Agreement and involves an alleged violation of the terms and conditions of this Agreement. The Employer and the Union endorse the general proposition that, whenever possible, grievances, complaints and other disputes shall be resolved at the lowest possible level, and specifically between the employee and the manager. Both parties will extend efforts to establish a working relationship between the employees and managers. If any grievances arise, including but not limited to a grievance concerning a discharge or a substantially excessive continuous workload, or a dispute regarding the interpretation of language, it shall be submitted under the following grievance procedure. Time limits set forth in the following steps may only be extended by mutual consent of the parties hereto.
Step 1 - Manager
The employee or group of employees and the Union Steward if requested by the employee(s),shall present the grievance in writing to the manager no later than thirty (30) calendar days after the event giving rise to the grievance. The manager shall respond in writing to the grievance within ten (10) working days of receipt of the grievance.
Step 2 – National TOP Director
If the matter is not resolved at Step 1 to the employee's satisfaction, the grievance may be referred in writing to the National TOP Director or designee who has not previously met on the specific grievance within ten (10) working days of the Step 1 response. Within ten (10) working days of receipt of the Step 2 grievance, a meeting shall occur between the National TOP Director or designee, the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the National TOP Director or designee will provide a written response.
Step 3 — Grievance Designee(s)
If the matter is not resolved at Step 2 to the employee’s satisfaction, the grievance may be referred in writing to the Grievance Designee(s) (which will be selected by the Board of Directors and who has not previously met on the specific grievance) within ten (10) working days of the Step 2 response. Within ten (10) working days of receipt of the Step 3 grievance, a meeting shall occur between the Grievance Designee(s), the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the Grievance Designee(s) will provide a written response.
Step 4 - Arbitration
If the grievance is not settled on the basis of the foregoing procedures, either the Employer or the Union may notify the other party, in writing, of their intent to submit the issue for arbitration within twenty one (21) calendar days following the receipt of the response from the Grievance Designee(s). If the Employer and the Union fail to agree on an arbitrator within fourteen (14)days, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the arbitrator. The arbitrator‘s decision shall be final and binding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred incident to the arbitration hearing. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other party.
b. Suspension, Demotion and Discharge
Suspension, demotion or discharge grievances will be submitted initially at Step Two (2) and then proceed through the grievance/arbitration procedure.
Article Eighteen - Federal, State and Local Laws
ln the event any Federal, State or local law conflicts with the provisions of this Agreement, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Agreement shall continue in full force and effect.
Article Nineteen - Non-discrimination
a. Neither the Management nor the Union shall discriminate against any employee because of such employee's race, religion, sex, sexual orientation, gender identity, age, national origin or other status protected by applicable non-discrimination laws.
b. The Management shall not interfere with, restrain, coerce, intimidate, or otherwise discriminate against any employee because of membership or lawful activity in forwarding the interests or purposes of the Union.
Article Twenty - Layoffs
a. Layoff Defined
A layoff is defined as a separation of an employee from service due to downsizing or reorganization.
b. Layoff Notification
The Employer shall notify the Union and all employees at least thirty (30) days in advance, in writing, of potential or pending layoff of employees and the reasons for such actions. The Union shall have one week from receipt of notification to request a meeting to discuss the reasons for the layoff and engage in joint problem solving.
c. Layoff Process
In the event of a reduction in The Fund staff, the Employer has sole discretion to determine which work areas will be affected. An employee shall be laid off in order of reverse seniority in affected work areas. The Union and the Employer shall meet to discuss the effects of the layoffs.
d. Return From Layoff List
Prior to the effective date of a layoff, the employee(s) may choose to be placed on a return from layoff list. An employee on the list shall provide the Employer with a resume which may be updated while in layoff status if additional skills are attained through training, education, or work experience. It is also the responsibility of the employee on the list to provide the Employer with any changes in contact information.
e. Recall
Employees on the return from layoff list will be recalled by seniority for vacant positions for which they are qualified, until the available appropriate vacancies have been filled. Employees may be removed from the list if they decline two (2) recall offers or they cannot be contacted due to out of date contact information. Laid off employees will be provided, in writing, with the method for updating contact information before their lay-off date. The employer will not be required to maintain an employee on the return from layoff list for longer than twelve (12)months from the date of layoff.
Article Twenty-One - Amendments
All matters within the scope of bargaining have been negotiated and agreed upon. The terms and conditions set forth in this Agreement represent the sole and complete understanding and commitment between the Employer and the Employees for the duration of this Agreement. Both parties may agree to open negotiations on an Article before the expiration of this Agreement.
Article Twenty-Two - Workplace Safety Advisory Committee
The Fund will institute a workplace safety advisory committee to work with all staff and volunteers at The Fund to address safety issues. The committee may make recommendations for policies and procedures regarding issues such as, but not limited to building safety, first aid, , etc. The bargaining unit may select two representatives to this committee. The Employer will appoint one or two representatives to the committee, empowered to authorize actions recommended by the committee within boundaries set by law and current The Fund policies.