Staff Resources - Classified Contract

2004-2008

COLLECTIVE BARGAINING AGREEMENT

This contract is made and entered into by and between the Lane Community College Employees Federation, hereinafter called the " Union " and the Board of Education of Lane Community College, hereinafter called the "College," and supersedes all previous agreements between the parties .

In witness whereof the parties affix their signatures below:

Mary Spilde, College President

Paul Holman, Chairperson
Board of Education

Bob Baldwin, LCCEF President 
Alen Bahret, LCCEF Vice-President 

ARTICLE ONE - AGREEMENT

1.1. Agreement between LANE COMMUNITY COLLEGE EMPLOYEES FEDERATION LOCAL 2417 AFT/AFL-CIO (hereinafter called THE UNION) and THE BOARD OF EDUCATION LANE COMMUNITY COLLEGE DISTRICT (hereinafter called THE COLLEGE).

1.1.1  Changes in affiliation of the Union shall not affect any portion of this contract.

1.2. The purpose of the Agreement is to set forth the sole and entire agreement between the parties on matters relating to employment relations. Division of material in this agreement into "Articles" and "Appendices" is for organizational purposes only, and does not imply any hierarchy of enforcement or interpretation .

1.3. Captions used in this agreement to identify articles are for information only and are not intended to modify the interpretation of the specific articles.

ARTICLE TWO - STATUS OF AGREEMENT/MAINTENANCE OF BENEFITS

2.1. This Agreement shall supersede any policies or practices which are in conflict with its provisions. This contract shall be effective upon signing by both parties, except for those provisions of the contract which have been assigned other specific effective dates as herein set forth, and shall remain in full force and effect to and including June 30, 2008, and continue thereafter from year to year unless during February 2008, or in February of any subsequent year, either party shall file written notice with the other of its desire to amend, modify, or terminate this contract. The other party agrees to meet with the opening party within ten (10) days following receipt of such notice to receive the written proposals. This ten (10) day requirement may be extended by mutual agreement.

ARTICLE THREE - RECOGNITION/EXCLUSIVE BARGAINING AGENT

3.1. The College recognizes the Union as the sole and exclusive representative for all bargaining unit members with respect to all matters arising as a result of the member's status as an employee of the College, including all matters bargainable by law.

3.2. The following definitions shall apply:

3.2.1. Confidential/Supervisory:  As defined by the Oregon Revised Statutes.

3.2.2. Personal Services Contract: As defined by the Oregon Revised Statues. This person has special skills that are not needed by the College on a permanent basis, but that are required on a short-term or sporadic basis.

3.2.3. Temporary Agency Employee: A temporary short-term source for emergency work when a substitute or on-call person is not available. The purchasing director contracting a temporary agency employee through a purchase order will send a copy of the document to the appropriate vice president, the executive director for human resources and the Union president. No purchase order may include payment of any economic benefit other than compensation for hours worked. The intent of the use of a temporary agency employee is on an emergency basis until a substitute, on-call, or regularly hired person may be secured or the emergency ends.

3.2.4. Apprenticeship: An employee working under a bona fide apprentice program. Apprentices will not be used as a replacement for bargaining unit members.

3.2.5.  Project Employee: A classified employee with specialized skills working on a defined task with a definite starting and projected ending date. At the end of the project, the job, and the need for the employee on that defined task, ends. Prior to any person being contracted to do project work, the project must be pre-authorized by the appropriate vice president and by Human Resources. Within seven working days of the authorization, the Union president must be notified of the project and the person contracted to complete the project. If the person is employed to do multiple projects, each project must be pre-authorized and the person's employment must not exceed two years. If this condition is violated, the person becomes eligible for bargaining unit status. A person hired to complete designated projects for the College shall not have worked for the College in any other capacity for 12 months prior to being hired for the project, during the project period, or for 12 months after the project work is completed.

3.2.6. Authorized Leave: Leave approved by the contract or the department chair/manager granted to a bargaining unit member. Authorized leave is granted for a specific period of time for reasons which may include use of granted leave such as vacation, sick leave, personal leave, leave without pay, medical leave due to on-the-job injuries or other doctor-approved leave.

3.2.7. Student Worker: Employees of the College who are in positions that are declared "Student Worker" or "Student Employee" can be declared exempt from the bargaining unit under the following conditions:

1) "Student" is defined as a Lane Community College credit student enrolled at or above the half-time level of 6 college credits each term he or she is employed. The one exception is for "Student Worker" positions in Food Services. Food Services Student Workers are not required to be in a culinary major or discipline to be employed.
2) The student is employed in a position that can be filled only by a qualified student. The position will provide a learning environment for students in their discipline and/or major area of study. The position may also be a position of a student mentor.
3) Only students who are currently enrolled can be exempted and the number of terms of eligibility is limited to 9 terms.
4) The student works under the direction of a permanent employee.
5) The student must obtain any state or local permits as required to work such as a Lane County Food Handlers Permit.
6) The student must provide proof of enrollment such as a printed schedule from a kiosk station or a billing statement.
7) The intent of these guidelines is for the College to distinguish between those individuals who are primarily students and those individuals who are primarily hourly classified employees.

Student workers are intended to augment contracted bargaining unit employees, not replace them. When a classified position is declared to be a "Student Worker" position, an explanation for the exemption from the bargaining unit will be written and placed on file in the department to be held for review upon request. The reviewing parties can include Human Resources, Affirmative Action/EEO, the Union , and any affected employees.

3.2.8.  Retirees: For employees who have retired from LCC and are re-hired on a part-time basis, the hours worked in a 12-month period as a permanent LCC employee shall be excluded from the 1040 hour limitation. This agreement shall be retroactive to include employees who have retired since June 30, 1995 .

3.3. The classified bargaining unit is defined as follows:

3.3.1. Classified employees hired into a budgeted position of .500 FTE, or over, will be in the bargaining unit and will receive all benefits associated with being bargaining unit members. Supervisors, confidential employees, persons working in a position of apprentice, and persons hired under a personal service contract or placed through a temporary agency shall not be members of the unit and shall not receive any type of benefit associated with being a bargaining unit member.

3.3.2. Any employee who is a classified bargaining unit member as of April 1, 1995, and who works less than .500 FTE will continue to receive contractual rights and privileges of those employees at .500 FTE or greater, so long as they continue to work in the same position.

3.3.3. All regular less than .500 FTE classified employees, excluding supervisory, confidential, apprenticeship, personal services contract, temporary agency and casual employees, and those employees included in other bargaining units, will be in the bargaining unit.

3.3.4. A documented and competitive hiring process shall be used for all hourly classified employees defined in Article Three. The limit for all non-competitive hires shall be 22 working days per employee per twelve month period, and no more than 1039 total aggregated hours per fiscal year for all such non-competitively hired employees who report to a single manager. Public posting of all classified assignments shall occur not less than five (5) working days prior to the deadline for applications to be submitted. All applicants shall be required to submit an LCC application for employment and the department's competitive hiring process must be documented.

3.3.4.1. When an employee who is not in a budgeted position works 1040 hours or greater than .500 FTE in any consecutive 12-month period, the college shall either establish a budgeted position as per Article 3.3.4.3 or discontinue the assignment and provide the employee with benefits as per Article 3.3.5. If the College maintains that assignment as a permanent budgeted position, then the employee who had been in that position shall be eligible to apply for that position as an Internal Candidate. This eligibility shall be limited to the specific assignment that is being made a permanent budgeted position.

3.3.4.2. Formal Medical Leave Backfill: An hourly classified employee may exceed the 1039 hour limitation to backfill a contracted position when a contracted classified employee is on specific forms of officially approved leave including formal medical leave or has been recalled to active military duty for a period on excess of fourteen days. Examples of officially approved leave include, but may not be limited to, medical, parental, family medical, political, jury duty, and military leave.  However, hours worked to cover for classified employees on vacation leave or personal leave are not exempt from the 1039 limitation.  This exemption is limited to 120 working days from the time the contracted classified employee begins the approved medical leave regardless of the hours that the hourly classified employee has worked for the collge.  If the officially approved leave including formal medical or military leave exceeds 120 days, the hourly classified employee is extended a temporary contract to fulfill the remaining medical  leave time or the position is vacated and filled through the hiring process.  The hours worked during the 120 working day exemption period in excess of 1039 hours will not count against the employee total hours limitation.  Backfill for leaves approved under article 15.1 shall require mutual agreement of the College and the Union.

3.3.4.3. If the college establishes a budgeted classified position based upon a violation of the 1039 rule in article 3.3.4, an internal hiring process shall be used to fill the position consistent with article 11.6. Notwithstanding any other contract provisions, the employee who was in the position when the 1039 hour violation occurred will be allowed to apply as an internal applicant.

3.3.5. If the position does not become an approved budgeted position, the employee will receive the following benefits even if employment is discontinued:

3.3.5.1. Six (6) months of employee-only insurance benefits;

3.3.5.2. Seniority, as defined in Article 11.3., holiday, pro-rated vacation, and sick leave benefits retroactive to the first month of the 12-month period in which 1040 hours was worked; and

3.3.5.3. Layoff/recall rights as defined in Article XI, Section 11.4.(Layoffs/Recall), excluding bumping rights.

3.3.5.3.1. If the employee is laid off but continues to work on a timesheet during the 12-month recall period, the layoff/recall period shall be reset for a new twelve-month period each time the hours worked in any consecutive 12-month period reach 1040 hours. (Hours worked will be monitored monthly during the 12-month recall period for this purpose.)

3.3.5.3.2. If the hours worked are less than 1040 hours for each consecutive 12-month period throughout the 12-month recall period, the employee's name will be removed from the recall list.

3.3.6. All hours worked by any classified employee, beginning January 1, 1995 , will count toward one total FTE with the exception of work completed in the following categories: project, apprentice, temporary agency or personal services contract. For example, if an employee is hired to fill a budgeted or non-budgeted position of 832 hours (.400 FTE) and works an additional 416 hours (.200 FTE) during the same 12-month period in any capacity as a classified employee (except as noted above), the FTE of the person will be considered .600 FTE for that 12-month period. The College will maintain a computer reporting system which will provide a list of hourly classified employees, first date of hire, their current department(s), pay level(s) and step(s) and the current number of total college hours worked on a monthly basis for the previous 12-month period.

3.3.6.1. Employees who are contracted for less than full time work, and work additional non-contracted hours in the same classification and the same department, shall have their contracted FTE reviewed each fiscal year for consideration to increase the contracted FTE.

3.3.6.2. Classified employees who work <.500 FTE, except as noted in Article 3.3.2, will not be assigned work in the same classification and department that could be assigned to increase the contracted FTE of an employee.

3.3.6.3. Employees in budgeted positions at or above .500 FTE and below 1.000 FTE who work additional hours in another classification and/or department, will have their total hours count toward Fringe Benefits as outlined in Article 13.1.1.

3.3.6.3.1. A review of the hours worked in the 12-month period beginning October 1 and ending September 30 will occur when the employee reaches 520 hours for consideration to increase the contracted FTE.

3.3.7. Projects. Project work is considered a specific, non-repetitive type of task which requires a person with special skills. Persons may be hired for specific projects for no longer than a consecutive 24-month period after which a 12-month break in service must occur. The employee may work multiple approved projects during the 24-month period. A person hired to complete designated projects for the College shall not have worked for the College in any other capacity for 12 months prior to being hired for the project, during the project period or for 12 months after the project work is completed. Employees working on specific approved projects shall not be bargaining unit members nor receive any benefits associated with bargaining unit status unless their employment exceeds a consecutive 24-month period. At such time, the employee will achieve bargaining status and will receive the associated benefits.

3.3.8. This Article in no way attempts to interfere with the Union 's ability to secure or retain bargaining unit members.

ARTICLE FOUR - UNION REPRESENTATION

4.1. Union representatives shall be allowed time away from their duty stations without loss of pay when required to attend meetings with the College. The College and the Union shall also meet from time to time if both parties agree that such meeting will serve constructive purposes. 

4.2. In addition, the Union President shall have up to twenty-five (25) hours release time per month, with a maximum of ten (10) per week, for conducting Union-initiated business. The Union Vice-President shall be granted up to ten (10) hours release time per month with a maximum of five (5) hours per week, and the Union Vice President may also be granted up to ten (10) hours additional release time (for a total of twenty hours of release per month) from the Union President's allocation of twenty-five (25) hours per month with a maximum of five (5) hours per week. The grievance chair shall have up to twenty (20) hours release time per month with a maximum of five (5) hours per week. 

4.3. Representatives shall notify supervisors in advance when they will be away from their work stations pursuant to this provision. Such notice will include the reason for such absence.

4.4. Office space on campus shall be available to the Union subject to the terms and conditions of the Rental Agreement provided by the College.

4.5. The Union will be allowed use of reasonable space on bulletin boards to post information regarding Union business. Specifically, such notices will include information about time and place of meetings, Union social and charitable activities, and posting of official Union publications. The Union will be allowed reasonable use of in-house mail and email facilities. The College reserves the right to restrict the use of bulletin board space and College mail facilities if such use becomes libelous or slanderous to the College or its agents.

4.6. The College shall, upon written request, provide to the Union any information reasonably necessary for its functioning as the exclusive representative. The Union shall reimburse the College for costs which it would not otherwise incur.

4.7. The College shall provide the Union notice of proposed changes in personnel policies. Any time the College determines that matters of employment relations not covered by this Agreement should be amended, or new policies affecting personnel adopted, the College will provide the Union fourteen (14) working days' notice and an opportunity to respond prior to the time the amendment or new personnel policy becomes effective. This provision is not subject to the grievance procedures of this Agreement.

4.8. No department or division charter, work team agreement or other such agreement regarding a bargainable issue shall be enacted by the College so as to have an impact on bargaining unit members without the express consent of the Union in the form of a Memorandum of Agreement.

ARTICLE FIVE - EMPLOYEE RIGHTS

5.1. Public employees have the right to self-organization, to form, join, or assist labor organizations, and to bargain collectively through representatives of their own choosing.

5.2. This Agreement shall apply equally to all members of the bargaining unit, regardless of race, sex, age, creed, national origin, disability, sexual orientation, or political affiliation. The Union and the College shall equally share the responsibility for upholding this provision of the Agreement and for ensuring compliance with the College's Affirmative Action Plan.

5.3. All references to employees in this Agreement designate both sexes, and wherever the male or female gender is used, it shall be construed to include male and female employees.

5.4. The provisions of this Agreement for which other remedies exist (EEOC - Department of Labor) shall not be subject to arbitration.

5.5. The College explicitly respects the privacy rights of all Union employees. Therefore, the College agrees to provide Union employees with prior notice when the College needs to investigate information contained in the employee's mailbox, office or work location, email, phone records, computer and network records and personal materials.

5.6. The College recognizes that the personal life of Union employees is not an appropriate concern of the College unless it affects the employee's job performance.

5.7. The College acknowledges that the privacy of an employee's mailbox, office, email, phones, computer, and personal materials shall be respected. No information from these sources shall be gathered, stored, or exchanged without explicit, timely, prior notice to the Union employee. Exceptions to such notice may be justified due to emergency situations and shall be limited as much as feasible and shall be reported as soon as possible to the employee and the Union . Any breach of normal privacy for "emergency situations" in these circumstances shall be done with the cooperation of a third party.

5.8. The College acknowledges the civic life of all Union employees. Each Union employee is a citizen of his or her nation, state and community. When a Union employee speaks, writes, or acts as such, he or she shall be free from institutional censorship.

ARTICLE SIX - SAVINGS CLAUSE

6.1. The provisions of this contract are declared to be severable, and if any section, subsection, sentence, clause, or phrase of this Agreement shall for any reason be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall stand, notwithstanding the invalidity of any part.

ARTICLE SEVEN - DUES AND FAIR SHARE DEDUCTIONS

7.1. Dues Deduction

7.1.1. The College shall deduct monthly Union dues from the paychecks of those employees who request in writing that such deductions be made. The amounts to be deducted shall be certified to the College by the Treasurer of the Union . The aggregate deductions, accompanied by a listing identifying the members for whom deductions are made, shall be remitted to the Union monthly.

7.2. Fair Share

7.2.1. The College shall deduct uniform monthly Fair Share fees in lieu of dues from the paychecks of those employees who have not authorized dues deductions per 7.1.1. The amounts to be deducted shall be certified to the College by the Treasurer of the Union , provided that Fair Share fees shall not exceed regular monthly Union dues. New employees, if dues deduction per 7.1.1. is not authorized, shall have Fair Share deducted, beginning with their first paycheck.

7.2.2. The College and the Union agree that the rights of non-association of any employee, based on bona fide religious objections, as specified in Subsection (l) of ORS 243.666 shall be safeguarded by that statute.

7.2.3. The aggregate deductions of Fair Share fees, together with a listing identifying the employees for whom deductions are made, shall be remitted to the Union monthly.

7.2.4. The Union shall indemnify and save the College harmless for College actions in compliance with this Article.

ARTICLE EIGHT - NO STRIKE/NO LOCK-OUT 

8.1. It is agreed there shall be no strike, walkout, refusal to report for work, or other interruption of work by the Union , or any employee during the period of the Agreement. It is agreed there shall be no lock-outs by the College during the period of this Agreement.

8.2. In the event that in violation of the provisions of the preceding paragraph a strike, walkout, refusal to report for work, or other interruption of work shall occur, the Union shall not be subject to liability for such violation provided that the Union, immediately after knowledge of, or should reasonably have received knowledge of, such violation, shall: (l) publicly declare such action a violation of the Agreement, and (2) in utmost good faith shall use its best efforts to terminate such violation; it being further agreed that any employee participating in such violation shall in the discretion of the College be subject to immediate discharge or other such disciplinary action without recourse to the grievance procedure.

8.3. A strike, walkout, refusal to report for work, or other interruption of work as used in this section applies only to violations arising out of, or related to, any labor dispute.

ARTICLE NINE - MANAGEMENT RIGHTS

9.1. The Union recognizes that the College retains all the customary, usual, and exclusive rights, decision making, prerogatives, functions, and authority connected with or in any way incident to its responsibility to manage the affairs of the College or any part of it.

9.2. Without limitation, but by way of illustration, the exclusive prerogatives, functions, and rights of the College shall include the following:

9.2.1. To direct and supervise all operations, functions, and policies of departments in which the employees in the bargaining unit are employed and operations, functions, and policies in the remainder of the College as they may affect employees in the bargaining unit.

9.2.2. To determine the need for a reduction or an increase in the work force and the implementation of any decision with regard thereto, subject to the layoff provisions of this Agreement.

9.2.3. To determine the need for and to establish, revise, and implement standards for hiring, classifications, promotion, transfer, quality of work, safety, materials, equipment, uniforms, methods, and procedures. Wage rates for revised job classifications or range adjustments shall be tentative, subject to consultation with the Union . Disputes regarding salary rates for revised classifications and decisions to adjust ranges for a classification shall be resolved through the grievance procedure beginning at Step 3.

9.2.4. To implement new, and to revise or discard wholly or in part, old methods, procedures, materials, equipment, and facilities.

9.2.5. To assign and distribute work within job classification.

9.2.6. To contract or sub-contract work. However, the College shall consult with the Union on the impact of employees in the unit of such subcontracting of work presently being performed. The consultation with the Union will provide an opportunity for discussion of alternatives and for the Union to be advised of the College's need to take such action. 

All College proposals to outsource services under the existing language (see above) of article 9.2.6 of the Union contract during the term of this agreement through June 30, 2008, shall be subject to the interim bargaining guidelines specified herein (see article nineteen). All College proposals to outsource bargaining unit services shall also require a majority vote of the College Board of Education.  

Copies of purchase orders for outside services will be timely provided to the appropriate Vice President, Executive Director for Human Resources, and the Union President. If, in the judgment of the Union, the cumulative effect of contracts/subcontracts has a negative impact on bargaining unit employees, the Union may request a meeting to discuss such concerns.

9.2.7. To determine the organizational structure of the College and each department.

9.2.8. To control the use of College property and facilities.

9.2.9. To enforce the rules and regulations now in effect and to establish new procedures not in conflict with the specific terms of this Agreement.

9.2.10. To assign work shifts, work days, and work locations subject to the specific limitations of other clauses of this Agreement.

9.2.11. To discipline an employee.

9.2.12. To determine the need for additional educational courses, training programs, on-the-job training and cross-training, and to assign employees to such duties for periods to be determined by the College.

9.3. The exercise of any of the aforementioned prerogatives shall be subject to the restrictions contained in other sections of this Agreement. The exercise of any management prerogative, function or right which is not specifically restricted by this Agreement is not subject to the grievance procedure or to bargaining during the term of this Agreement.

ARTICLE TEN - GRIEVANCE PROCEDURE

10.1. For the purpose of this Agreement, a grievance is defined as a dispute about the meaning or interpretation of a particular clause of this Agreement or about an alleged violation of the Agreement. This Agreement shall modify or replace policies, rules, regulations, or practices of the College which shall be contrary to the terms of this Agreement.

10.2. Grievances will be processed in the following manner and within the stated time limits. Grievances must have occurred within the past twenty (20) days or the Union must have had knowledge of them, or should reasonably have had knowledge of them, for no longer than the past twenty (20) days to be eligible for processing.

10.3. General

10.3.1. Any or all time limits specified in the grievance procedure may be waived or extended by mutual consent of the Union and the College. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. Failure by the College to submit a written reply within the specified time at any step shall permit the grievant to proceed to the next step.

10.3.2. A grievance may be initiated by the Union at Step 3 of the procedure if it involves an alleged violation of Union rights (i.e., Union security) or is a "class action" involving employees in several departments (e.g., personnel files or insurance eligibility). In such case, the grievance shall identify the category of affected employees so as to allow specific identification of each employee.

10.3.3. A grievance may be terminated at any time upon receipt of a signed statement from the Union or the employee that the matter has been resolved.

10.3.4. For the purposes of this Article, "days" shall mean College business days.

10.3.5. A representative of the Union shall be present at all steps of the procedure. The Union will be provided a copy of all College replies.

10.4. Step 1

10.4.1. The grievance shall be discussed with the employee's immediate supervisor outside the bargaining unit. The employee or Union representative shall advise the supervisor of the particular clause(s) of the Agreement in dispute and the facts upon which the alleged violation is based. If the grievance is not resolved within ten (10) days, then it proceeds to Step 2 of the procedure.

10.5. Step 2

10.5.1. The grievance shall be reduced to writing, signed by a representative of the Union, filed with the immediate supervisor and include the following information:

10.5.1.1. A statement of the grievance and the facts upon which it is based.

10.5.1.2. The remedial action requested.

10.5.1.3. The section of this Agreement to which the grievance relates.

10.5.2. If the grievance is not resolved within eight (8) days following, it shall proceed to Step 3.

10.6. Step 3

10.6.1. Within fourteen (14) days of the initial filing at Step 2, the grievance, along with all pertinent written information, may be submitted to the President or a designee. The President, or a designee, shall meet with the employee within ten (10) days and shall render a decision within seven (7) days of the meeting.

10.7. Step 4

10.7.1. If the grievance is still not resolved, the Union shall have ten (10) working days from the date the decision is rendered in Step 3, to demand arbitration of the grievance. Step 4 timelines, described below, will begin when the written Union demand is received by the College.

10.7.2. Within fifteen (15) working days of receipt of the demand to arbitrate: 1) the parties will select an arbitrator, using the process described in 10.7.2.1.; 2) the College will make all necessary scheduling arrangements with the arbitrator and affected parties; 3) the College will notify the Employment Relations Board of the arbitrator selected and 4) the College will explain to the arbitrator that an incentive payment will be made if the decision is rendered within twenty (20) working days of the close of oral and/or written arguments. The amount of the incentive payment will be mutually agreed upon in advance by the Union and the College. 

10.7.2.1. Selecting an Arbitrator

10.7.2.1.1. The parties shall alternately strike one name from the list of arbitrators, described in 10.7.2.2.1., until only one is left. The Union shall have the privilege of striking first. The one remaining shall be the arbitrator.

10.7.2.2. Creating the Arbitrator Lists

10.7.2.2.1. At the beginning of each fiscal year, a master list of all AAA certified arbitrators who reside in the State of Oregon will be obtained from the Employment Relations Board. The Union and the College will each use this master list to compile two (2) lists of ten (10) names. Names will be alternately struck from these lists until two (2) lists of five (5) names remain. Use of the lists will alternate.

10.7.3. The arbitrator shall render a decision within a reasonable time. The powers of the arbitrator shall be limited to interpreting this Agreement and/or determining if it has been violated. The decision of the arbitrator shall be binding on both parties.

10.7.4. The costs of the arbitrator shall be shared equally by the parties. Each party shall be responsible for all costs of presenting its own case in arbitration.

ARTICLE ELEVEN - PERSONNEL POLICIES

11.1. Personnel Files

11.1.1. Classified employees shall have the right, upon request, to review the contents of their own personnel files, exclusive of materials received prior to the date of employment by this College. One official personnel file shall be maintained by the College.

11.1.2. A representative of the Union or counsel for the employee may, at the employee's request, accompany the employee in this review.

11.1.3. All material in the file must be signed by the source of the material and dated.

11.1.4. The employee shall be provided a copy of any negative, evaluative or disciplinary material to be placed in the file. Should such negative material be in the form of an evaluation, specific written recommendations for improvement shall be included. The employee reserves the right to include in the file a written response to all materials placed in the file, and this response shall be filed with the material in question. In any event, it is agreed that the employee will sign the material to acknowledge having seen it.

11.1.5. The employee shall have the right to include in the file any material or information considered germane to that employee's career.

11.1.6. If no personnel action has evolved as a result of acknowledged negative material in the employee's personnel file by the end of one year, the employee shall have the right to consult with the Executive Director for Human Resources with respect to what materials shall be retained in or purged from the files.

11.2. Trial Service Period

11.2.1. The trial service period is an integral part of the employee selection process and provides the College with the opportunity to observe an employee's work, skills and compatibility with department employees, aid employees in adjustment to their positions, and provide the College with the opportunity to reject any employee who fails to meet required standards.

11.2.2. Except as noted in Article 11.2.4., the Union recognizes the right of the College to terminate employees on initial trial service status for any reason without recourse to appeal.

11.2.3. Initial Trial Service (New Employees Hired into budgeted positions of .500 FTE or greater).

11.2.3.1. Every new employee hired into the bargaining unit shall serve a trial service period of not more than six (6) months. The supervisor may move the employee to permanent status at any time within the six (6) months by completing the evaluation process.

11.2.3.2. A trial service employee with performance problems shall be given a written or verbal progress report and a minimum of ten (10) working days to improve the performance deficiencies. The ten (10) day performance improvement period will be waived in exigent circumstances. A trial service employee with behavioral problems may be terminated immediately. 

11.2.4. Current Employees in New Positions (For employees hired into budgeted positions of .500 FTE or greater)

11.2.4.1. Employees promoted or transferred into a position in a different classification shall serve a trial service period of three (3) months. If the College determines that an employee on trial service is unable to perform satisfactorily in the new position, such employee shall have the option of reverting to his/her previous position if that position exists. If the previous position no longer exists, the employee shall be subject to the provisions of Article XI, Section 11.4. (Layoffs/Recall).

11.2.5. Initial Trial Service (For less than .500 FTE bargaining unit employees)

11.2.5.1. For a less than .500 FTE bargaining unit employee, the trial service period will be 1040 hours. Classified hours worked beginning July 1, 1997 will count toward the trial service period.

11.3. Seniority
(For employees hired into budgeted positions of .500 FTE or greater)

11.3.1. Seniority, as used in this Agreement, means a permanent employee's length of continuous full-time service with the College since the employee's last date of hire. An employee who has not completed the trial service period shall not be considered to have seniority. An employee shall lose all seniority credit in the event of termination or failure to return from an authorized leave of absence within the specified time.  

11.3.2. If a less than .500 FTE bargaining unit employee receives a permanent assignment in the same department and classification, without a break in service exceeding 120 calendar days, he/she will be placed on probation as a new hire.

11.3.2.1. At such time that the probationary period is satisfactorily completed, the employee's bargaining unit effective date will be the date of hire into the bargaining unit position. Seniority will be calculated from the original hire date but shall not exceed 24 months.

11.3.3. A bargaining unit employee's seniority shall be based on a ratio of the past continuous work schedule or total hours worked to the full-time standard. (Example: 4 continuous years of half-time - 20 hours per week - equals 2 years of seniority.)

11.4. Layoffs/Recall (For employees hired into budgeted positions of .500 FTE or greater)

11.4.1. Layoffs

11.4.1.1. Human Resources shall provide the Union with notice of the College's intent to lay off unit employees as soon as Human Resources becomes aware of such intent.

11.4.1.2. Employees who are targeted for layoff or reduction shall receive at least twenty-one (21) working days advance notice of implementation.

11.4.1.2.1. Such advance notice may be reduced as a result of efforts to implement the procedures required by 11.4.1.8.1. through 11.4.1.8.4. by mutual agreement between the College and the Union .

11.4.1.2.2. the targeted employee's position is funded by by grant funded monies, such advance notice may be reduced.

11.4.1.3.  Employees shall be terminated or laid off in the following order:

11.4.1.3.1 non-bargaining unit employees by job family college-wide.

11.4.1.3.2 less than .500 FTE bargaining unit employees by job family college-wide.

11.4.1.3.3 .500 FTE or greater employees on trial service by job classification college wide

11.4.1.3.4 permanent .500 FTE or greater employees by job classification college wide.

11.4.1.3.5 Job Families shall be as defined in Appendix C.

11.4.1.4. Within classifications, any reduction in the work force of .500 FTE or greater employees shall be made in inverse order of seniority. 

11.4.1.5. However, employees being retained must be qualified for the job to which they are assigned. Disputes regarding such qualifications shall be resolved through the grievance procedure.

11.4.1.6. No employee shall be required to "bump" or accept recall to a position of lesser FTE or salary unless he/she desires to do so. Refusal of such a position shall not affect an employees right to recall. Employees shall be offered jobs outside their campus group except that employees have the right of refusal of the job offer without losing recall rights. An employee will be offered one bona fide bumping opportunity (see 11.4.2.1.3.1.). The campus groups are defined as:

1) Main - Downtown Center and associated downtown locations
2) Flight Technology Center and Aviation Maintenance
3) Cottage Grove and annex
4) Florence and Siltcoos Station
5) Community learning centers

11.4.1.7. An employee who replaces a .500 FTE or greater bargaining unit employee on an approved leave of absence and becomes a .500 FTE or greater bargaining unit employee as a result, will, upon termination, have benefits as described in 3.3.4. 

11.4.1.8. A more senior employee whose regular position is reduced or eliminated by the College may "bump" a less senior employee or be transferred by the following procedure:

11.4.1.8.1. If a vacancy exists within a targeted job family and there is no employee on the recall list in the same job classification, any person who is to be laid off, reduced, or is on the recall list, who is or was employed in a position within that job family, will be considered. Any other person on the recall list or any current LCC employee may apply. If no candidate is selected from one of the categories described above, the most senior qualified employee on the recall list, who was laid off or is to be laid off from a position in the job family at a pay level greater than or equal to that of the vacant position, shall be offered the position so long as the employee meets the minimum qualification for the posted job . If the employee rejects the position of equal or greater FTE at an equal or greater salary level than that formerly held by the employee, the employee will no longer have recall rights.

11.4.1.8.2. If no appropriate vacancy exists, the employee shall be permitted to "bump" the least senior employee, college wide, in his/her job classification. Employees working less than 1.00 FTE may not "bump" employees working 1.00 FTE.  

11.4.1.8.3. If there is no employee in the job classification with less seniority, the employee shall be permitted to "bump" the least senior employee within his/her job family at the same pay level in a position for which the employee is qualified. If there is no employee with less seniority in the job classification in the same job family at the same pay level, the employee shall be permitted to "bump" the least senior employee in the next job classification at the next lowest pay level in the same job family, successively, through the job classifications in that family.

11.4.1.8.4. Employees who "bump" into positions of a different job classification shall serve a three (3) month probationary period in the new classification unless the "bumping" employee has served at least ninety (90) days service in that job classification previously . The parties agree that orientation will be provided to the individual job assignment. The employee and his/her supervisor may identify specific training needs. During this period, either the employee or his/her supervisor may terminate the placement. The employee will again proceed through the layoff procedure described in 11.4.1.8.1. above. If no placement is possible, the employee will return to the recall list for the remainder of their recall time (i.e. time spent in the probationary status shall not be deducted from the employee's available recall time).

11.4.2. Recall

11.4.2.1. Employees who are laid off shall be recalled, in order of seniority, as positions become available in the classification from which they were laid off. Employees who were laid off from positions at a FTE of less than 1.00 shall not be placed in 1.00 FTE positions. (See also 11.4.1.8.1.)

11.4.2.1.1. No new employees shall be hired into a classification in a position for which a qualified laid-off employee has the right of recall.

11.4.2.1.2. Laid-off employees shall retain the right of recall for eighteen (18) months from the date of layoff.

11.4.2.1.3. Upon refusal of a bona fide written job offer from the College, a laid-off employee who refuses a non-grant funded position of equal or greater FTE at an equal or greater salary level than that formerly held by the employee shall be removed from the recall list.

11.4.2.1.3.1. A bona fide offer is an offer for a job in the same classification, equal or greater FTE and equal or greater salary at a job site that is within a campus group (see 11.4.1.6.).

11.4.2.1.4. The Union shall receive copies of recall notices.

11.4.2.1.5. Employees on the recall list shall retain previously earned seniority but shall not accrue seniority while on lay off. They shall receive any cost-of-living adjustment which the employee would have otherwise received. They shall retain the benefit of tuition-free class attendance as stated in Article 13.2. No other benefits shall accrue during the period of layoff. Employees on the recall list shall have rights to any job posting for which they meet the minimum qualifications for the job description and are able to perform the essential functions before that position is posted for internal applicants. 

11.4.2.1.6. Employees who are recalled into positions of a different job classification shall serve a three (3) month probationary period in the new classification unless the recalled employee has served at least ninety (90) days service in that job classification previously . The parties agree that orientation will be provided to the individual job assignment. The employee and his/her supervisor may identify specific training needs. During this period, either the employee or his/her supervisor may terminate the placement. The employee will again proceed through the layoff procedure described in 11.4.1.8.1. above. If no placement is possible, the employee will return to the recall list for the remainder of their recall time (i.e. time spent in the probationary status shall not be deducted from the employee's available recall time).

11.4.2.2. The laid off employee may continue to be covered by contractual insurance programs during the layoff period by reimbursing the College in advance for applicable premiums as provided by the College's master insurance contracts.

11.4.2.3. For the purpose of layoff and recall, an employee who is hired into a grant-funded position on or after August 1, 1994 , shall be considered to have seniority only for grant-funded positions funded by that program or department. A grant-funded employee shall be considered to have seniority for the purposes of layoff-recall after that employee has thirty-six (36) months of seniority in a position(s) funded by that program or department. After this date, and after the recall or offer of recall to laid off contracted non-grant employees, the employee will have the same recall and layoff rights as laid off contracted non-grant employees . Employees in these two categories shall be advised of grant termination as soon as such notice is provided to the College. An employee who is funded by a grant and who was hired into the bargaining unit prior to August 1, 1994 , shall retain all recall and layoff rights guaranteed under this contract.

11.4.2.4. An employee who is funded jointly by grant and non-grant monies must be funded at .500 FTE or greater from the non-grant monies to attain all layoff and recall rights. Layoff and recall rights apply only to the non-grant portion of the employee's jointly funded position.

11.4.2.5. If the College chooses to transfer an employee to grant-funded resources, the employee shall not lose rights designated in this article for layoff and recall. If an employee transfers from a position funded by grant resources to a position that is not grant-funded, the employee's seniority shall be calculated from the original date of hire into the grant-funded position provided there is no break in service.

11.5. Reassignments  (For employees hired into budgeted positions of .500 FTE or greater)

11.5.1. In the event it becomes necessary for the College to assign an employee to a different position, such reassignment shall not be made for disciplinary reasons.

11.5.2. No such reassignment shall be made for performance reasons unless and until the employee has been evaluated in writing and placed on a plan of assistance which provides at least sixty (60) calendar days for correction of noted deficiencies. The employee who is to be reassigned shall be given at least thirty (30) calendar days prior notice of such action. If the reassignment is to a lower classification, the employee shall continue to be paid at their former rate for thirty (30) calendar days.

11.5.3. The new salary schedule placement for an employee being reassigned to a position in a lower level due to inability to perform shall be his/her same step in the lower range.

11.5.4. Any other reassignment shall not result in a loss of wages.

11.6. Notice of Vacancies

11.6.1. When a vacancy occurs, the posting will first be made available to internal candidates for a period of not less than five (5) working days . An internal candidate is defined as a current .500 FTE or greater unit employee or an hourly classified employee who was hired by means of a documented competitive process, has completed 1040-hour trial service, and has worked at least 520 hours in the preceding twelve (12) months. 

11.6.2. The maximum number of internal applicants that may be required is three (3) per internal posted vacancy. Any unit employee who meets minimum qualifications will be interviewed as part of the internal process. When there are a minimum of three (3) internal applicants and at least one (1) internal applicant meets the minimum qualifications for the posted job vacancy all internal applicants who meet the minimum qualifications will be interviewed. The internal interview shall be conducted based upon objective criteria including the essential job functions and the employee's prior performance. All internal candidates who meet the minimum qualifications , whether or not selected, will be provided the reasons in writing and developmental feedback. The College will provide timely notice, including developmental feedback, to all internal applicants before vacancies are posted externally.  

11.6.3. If no internal candidate is selected for the position, or if fewer than the minimum number of internal applicants applies for the opening, the posting will be extended to external applicants, with the internal applicants remaining in the application pool.

11.6.4. Bargaining unit applicants shall be given preferential consideration, if, in the College's judgment, their qualifications are equal to those of outside applicants.

11.6.5. When two or more employee applicants are considered equal, College seniority shall be the determining factor regarding which candidate gets the job offer .

11.7. Requests for Reclassification Review 
(For employees hired into budgeted positions of .500 FTE or greater)

11.7.1. Application:

11.7.1.1. An employee who believes that his/her job is improperly classified may submit a completed classification review form and job description questionnaire to the Human Resources Department with a copy provided to his/her supervisor . The reclassification applications must be submitted by July 1, November 1, and March 1, of each academic year and these dates shall be considered the effective dates of the reclassification request. An employee may submit a reclassification request only once every twenty-four (24) months, or whenever they are temporarily assigned by their immediate supervisor to a higher classification for more than ninety (90) calendar days (see article 16.6.2). Beginning thirty (30) calendar days after ratification of this agreement (on or about October 1, 2004 ) and extending through June 30, 2005 , there shall be a moratorium on reclassification requests. No reclassification requests shall be accepted or processed during the moratorium (see article 18: classification and compensation study).

11.7.1.1.1. Human Resources will verify receipt of the completed classification review form and job description questionnaire by the immediate supervisor and will obtain statements of agreement and/or disagreement. The immediate supervisor has ten (10) working days to return the completed review form and questionnaire to Human Resources. The immediate supervisor shall consult with the respective AVP or VP and the Human Resource Director during the ten (10) working days. The Director of Human Resources and the Union President, or designee, shall be ex-officio members of each reclassification team.  

1) The employee and the immediate supervisor will be advised of the progress of the reclassification request at seven (7) key points: (1) Initial receipt by Human Resources ;
2) The date of a scheduled desk audit;
3) The employee will be notified of the allocation decision within forty-five (45) working days of the initial receipt of the completed request. The LCCEF President shall also receive a copy of this notification. The allocation decision will include an explanation of the decision and a copy of the supervisor's comments;
4) Extension of an additional twenty (20) working days if a new or revised classification is written;
5) The receipt of the appeal form;
6) The date of a scheduled appeal hearing;
7) The appeal decision from the Joint Review Committee in writing within twenty (20) working days from the date of receipt of the appeal form, including a reason for upholding or overturning the initial classification allocation decision.

11.7.2. Appeal:

11.7.2.1. The employee, the immediate supervisor , or the Union may appeal the Human Resources classification allocation decision.

11.7.2.1.1. Written appeal must be submitted to Human Resources within ten ( 10 ) working days after the employee is in receipt of the written notification of the classification allocation decision. Human Resources will verify with the employee that he or she is in receipt of the allocation decision. An extension may be provided for an employee who is on approved leave.  

11.7.2.1.2. The appeal will be considered by the Joint Review Committee (JRC).

11.7.2.1.2.1. The permanent JRC will consist of three (3) managers, from three different departments, who are appointed by the President, and three (3) classified employees, from three different departments, who are appointed by the Union . Human Resources staff may not be appointed to the permanent JRC. Four members, two (2) from the above-designated management group and two (2) from the above-designated Union, will become the appeal committee with one alternate from each group. Alternates will be non-voting members of the JRC unless seated to fill a permanent vacancy or a temporary vacancy resulting from a conflict of interest. A conflict of interest will exist when any of the four (4) appeal committee members are from the same department as the appealing employee.

11.7.2.1.2.2. Each appeal will be heard by the four (4) voting members of the JRC and all voting members need to be present in order for the appeal to be heard. 

11.7.2.1.2.3. The JRC appeal hearing will be considered exclusionary unless the appealing employee declares an open hearing on the appeal request form. Witnesses may include a representative from the Human Resources classification team, the immediate supervisor, the reporting vice president, the Director of Human Resources, the appealing employee and a union representative . Additional witnesses may be called with approval of the JRC, as needed.

11.7.2.1.2.4.  A Human Resources classification allocation decision can be reversed by a majority vote of the JRC or returned to Human Resources for reconsideration in light of new information. A reevaluation will occur within ten (10) working days at which time the process returns to step 3 of Article 11.7.1.1.2. A written copy of the JRC's action will also be sent to Human Resources and the Union.

11.7.2.1.2.4.1.   Upon initial JRC review, tie votes of the JRC shall automatically result in a reconsideration by the HR reclassification team and a return to article 11.7.2.1.2 of the process. A second tie vote of the JRC after a second appeal process shall be resolved by means of a random determination (e.g., flipping a coin or drawing of lots).

11.7.2.1.2.5. Decisions made according to this procedure are final and are not subject to the grievance procedure.

11.8. Outside Employment

11.8.1 Outside employment must be compatible with the College employment. It is understood by employees that the College may, upon reasonable grounds, revoke permission to hold outside employment.

11.9. Discipline 

11.9.1. No employee (this includes all bargaining unit members not in a trial service status, extended trial service status, or a temporary employee status) shall be reprimanded in writing, suspended without pay, or discharged without just cause.

11.9.2. An employee shall, upon request, be entitled to have a Union representative present in any investigatory meeting which the employee reasonably believes could result in disciplinary action.

11.10.  Evaluations

11.10.1. When an employee is evaluated, such evaluation will be in writing and will be discussed with the employee.

11.10.1.1. Performance evaluations shall include a review of the employee's current job description and job classification description. A copy of the employee's job description shall be attached to the evaluation when it is entered into the permanent personnel file. The evaluation shall include confirmation by the employee and the manager that they agree the job description and job classification accurately describes the duties being performed by the employee. This portion of the evaluation, and only this portion of the evaluation, shall be included in an assessment of any subsequent reclassification request (see article 11.7).

11.10.2. Reports of deficiencies shall include recommendations for remediation, time-lines, and a follow-up date for review.

11.10.3. See Article XI, Section 11.1.4. for rebuttal and inclusion in Personnel file.

11.10.4. The evaluation shall include a review of the employee's job description.

11.11.  Classification System

11.11.1. The College shall maintain a system which includes class descriptions for all employees hired through a competitive process and job descriptions for each position which is .5 FTE or greater.

11.11.2. The Union shall be provided forty-two (42) working days prior notice of changes in any class descriptions.

11.11.3. Employees shall be provided a copy of their job description at the time of hire and at any time there is a significant change in the employee's "core" duties.

11.11.4. In addition to its other contractual responsibilities, the Joint Review Committee may make recommendations to Human Resources regarding the classification system or perceived problems with recruitment, hiring, and retention as they relate to the job classification system.

11.12 Administrative Transfer

11.12.1 Employees who have passed the initial trial service period may request an administrative transfer to another position in the same or different classification within the College. Such a transfer request will be subject to joint approval by the College and the Union.

11.12.1.1 The administrative transfer process will not result in the employee being promoted to a higher level of pay. The employee must be qualified for the position under transfer consideration.

11.12.1.2 If an administrative transfer is approved, the employee will serve a 3-month trial service period. If the employee is unable to perform satisfactorily in the new position, such employee shall be subject to the provisions of Article 11.4.2. Such employee may not return to his/her previous position.

ARTICLE TWELVE - WORKING HOURS

12.1. Rest Period

12.1.1. All employees shall be granted a fifteen (15) minute rest period each four (4) hours of continuous work. Rest periods shall be utilized as feasible with the operational needs of the College as determined by its supervisors.

12.2. Lunch Period

12.2.1. Employees shall be granted a lunch period of not less than one-half (1/2) hour during each five (5) hour or longer work shift.
Such lunch period shall be without pay and utilized as feasible with the operational needs of the College.

12.2.2. Full-time employees regularly assigned an eight-hour shift beginning after 1:59 p.m. and before 2:59 a.m. shall be allowed a thirty-minute meal period with pay.

12.3. Hours/Overtime

12.3.1. Eligible employees required by the College to work beyond their eight (8) or ten (10) hours, exclusive of lunch breaks, in any twenty-four (24) hour period, or more than forty (40) hours, including paid holidays, in any 168-hour period beginning at 12:01 a.m., Sunday, shall receive overtime payment, except when such time is a result of scheduled shift changes. The daily hour limitation shall not apply to security employees assigned to work 12-hour shifts.

12.3.2. Overtime shall be computed to the nearest half hour. Overtime pay shall be based on the actual number of hours worked per day and not on hours compensated for as paid or unpaid leave (example: vacation, sick leave, personal, etc.) except that two (2) hours of overtime will be guaranteed in the instances of emergency call back to a physical campus location. College designated technical employees who are called for emergency assistance and do not return to a physical campus location, will be compensated at straight time, with a one (1) hour minimum, or flexible time at the employee option. Emergency call backs must be authorized by a supervisor or authorized designee.

12.3.2.1. Technology employees who are placed "on call" by the College on weekends (Friday - Sunday) shall be compensated with four (4) hours of "comp time" for such "on call" status. Such "comp time" shall be entered in the "1 for 1" category on the employees leave report for the appropriate pay period. Employees who are required to report during their "on call" shift shall be compensated for the actual hours worked if the hours exceed four (4) hours. Such employees shall inform their College supervisor in advance whenever it is expected that the actual hours worked will exceed the four (4) hours for "on call" status.

12.3.3. Whenever possible, notice will be given within the department when opportunities for overtime arise.

12.3.4.1. In the event that sufficient personnel do not accept overtime on a voluntary basis or in the event of an emergency, such additional personnel as are deemed necessary by the College may be required to work overtime. These employees shall be paid overtime based on their regular rate of pay. 

12.3.4.2. The employee shall receive overtime payment at the rate of one and one-half (1-1/2) times regular pay or shall have the option of taking compensatory time at a one and one-half (1-1/2) time rate. Not more than twenty-four (24) hours of compensatory time can be carried forward from one month to the next. Employees will be paid monthly for any accrued compensatory time over 24 hours not permitted to be carried forward.

12.3.6. Flexible work hours and shifts are specifically permitted: By mutual agreement between employees and their manager, employees may "flex" their daily schedule up to the ten (10) hour per day limit from one shift to another within the same forty (40) hour work week. See article 12.3.1 for definition of the work week. Employees may agree to work a flexible schedule up to a ten (10) hour work day and a forty (40) hour work week on a routine basis or on a case-by-case basis. Nothing in this section covering flexible work shifts shall be interpreted to conflict with or mitigate the hours and overtime requirements in article 12.3.1, or the shift change requirements in article 12.4.

12.4. Shift Changes  (For employees hired into budgeted positions of .500 FTE or greater)

12.4.1. Except in cases of emergency, employees will be given a minimum of ten (10) working days notice of shift changes.

12.4.2. Shift changes can be made with less than ten (10) working days notice by mutual agreement of the supervisor and employee. Overtime rules will apply for any hours worked in excess of 40 hours in that work week, even if the shift change is mutually agreed upon. 

12.4.3  An opening in a classification on a specific shift will be offered to employees on other shifts in the same classification and department, based on seniority.
A specific shift is defined as one that is college-assigned and not a shift using flexible work hours by employee and supervisor agreement.
Employees may be assigned any shift for training purposes during the trial service period (See also Article 16.9).

12.5. Virtual Work Sites 

12.5.1. The College is supportive of opportunities for work to be accomplished at virtual work sites. Agreements to accomplish the employee's assignment are between the individual and the department administrator and at the discretion of the College. This preauthorized agreement must be in compliance with the terms of the contract.

12.6. Communications about Workload

12.6.1. The College encourages each manager and employee to be responsible for clear and open communication with the other party about workload issues, including the discussion of priorities, expectations, timelines and workload volume.

12.7. Health and Safety

12.7.1. The Union and College agree that a safe and healthy work environment contributes to the prevention of injuries, accidents, and loss due to recognized hazards in the workplace. The parties will strive to maintain a safe and healthy work environment and will attempt to reduce risk and danger for all employees. An employee has the right to raise health and safety issues with the supervisor and/or the LCC Safety Committee. This partnership shall provide a channel for reporting and resolving safety concerns and issues in a timely manner. 

12.7.2. The Union and the College agree that the maintenance of a safe and healthy work environment includes the expectation that all interactions among employees, and employees and managers, will be conducted with respect and courtesy.

ARTICLE THIRTEEN - FRINGE BENEFITS

13.1. Part-time Employee Benefits (For employees hired into budgeted positions of .500 FTE or greater)

13.1.1. Part-time employees covered by this Agreement shall earn economic benefits on a prorated basis according to the percentage of normal hours regularly worked except as otherwise provided in this Agreement. Leave and seniority accruals will be accumulated for all college hours worked as a classified bargaining unit employee up to the maximum provided for full-time equivalency hours.

13.2. Class Attendance

13.2.1. Classified employees hired into budgeted .500 FTE or greater positions may register for and attend any classes offered by the College tuition free, as long as attendance by the employees does not conflict with the employees' regular working hours, except as approved by the employees' supervisor.

13.2.2. The College will attempt to accommodate requests for flexible scheduling when extra time is needed for class attendance. The employee will remain responsible for working a full work day when a flexible schedule is approved.

13.2.3. Less than .500 FTE employees may register for one class per term tuition free, as long as attendance by the employee does not conflict with the employees' regular working hours, except as approved by the employees' supervisor. In addition, less than .500 FTE employees may register for and attend any classes if the employee has worked 700 hours or more in the past twelve (12) months.

13.2.4. Family/Partner Tuition Waiver
Family/Partner tuition waiver benefits are extended to qualified dependents defined as a qualified spouse, same-sex domestic partner, persons for whom the employee is a legal guardian, or an IRS dependent.

13.2.5. Classified employees working .500 FTE or more and those covered by Article 3.3.2 will have unlimited tuition waivers for each qualified family member or partner. Classified employees working from .200 to .499 FTE will have one tuition waiver per eligible family member or partner.

13.2.5.1. Classified employees will be responsible for submitting to the College the certification of persons qualifying before their registration of classes.

13.2.5.2. Tuition waivers available to each qualified family member or partner are subject to the maximum enrollment limits in a class and are subject to adequate enrollment of the other students in the class. A tuition waiver student will not be counted toward minimum enrollment in a class without an approved exception from the College.

13.2.5.3. Tuition waivers shall cover only tuition and shall not include class fees, project-material costs, or other related costs. Tuition waivers shall include an exception from the transportation fee for specific classes related to the College Wellness Program or classified professional development. There shall be a minimum of six classes exempted from the transportation fee for 2004/2005, and the classes exempted from the transportation fee shall include registration for the College Fitness Center . These classes shall be identified prior to each academic term by mutual agreement between the College and the Union . The College shall clearly communicate with employees concerning the classes that are exempt from the transportation fee and it is the employee's responsibility to correctly register for such classes using a prescribed process. In any event, fees charged to members of the classified bargaining unit shall not exceed fees charged to members of the faculty bargaining unit or to managers taking the same class by using their respective tuition waiver.

13.3. Insurance
(For employees hired into budgeted positions of .500 FTE or greater)

13.3.1. All  employees shall receive the following college-paid insurance benefits :

13.3.1.1. Employee health insurance, with major medical;

13.3.1.2. Employee dental insurance;

13.3.1.3. Employee vision insurance;

13.3.1.4. Employee term life insurance in the amount of $ 50,000 ;

13.3.1.5. Employee paid long-term disability insurance to provide 66 2/3% of gross income after ninety (90) calendar days, not to exceed the limits of the plan.

13.3.1.6. Effective 1/1/04, and on each "renewal date", the payroll deductions for Employee + 1 and Full Family coverage may be increased as specified below. Permitted renewal dates are : October 1, 2004 ; July 1, 2005 and each July 1 thereafter.

13.3.1.7. College Contribution "Base":
The rate of College contributions for medical, dental and vision health insurance rates effective January 1, 2004 (2003/2004) shall become the "base" for future College contributions. College contributions shall increase by no more than 15% annually during the term of this agreement effective with the October, 2004 or July 1, 2005 renewal (depending upon the 9 or 18 month renewal). When insurance renewal rates exceed 15%, the difference in excess above the 15% shall be the responsibility of the employee, except that such responsibility shall be limited by the "cost neutrality" and "stop loss" provisions specified herein.

13.3.1.8. Employee contribution "Stop-loss":
If as a result of the above "base" formula, the aggregate ratio between the College contributions and the Federation active employee out-of-paycheck contributions for medical, dental and vision insurance premiums reaches an 80/20 contribution split, this 80/20 ratio shall then determine the amount of College contributions and employee out-of-paycheck contributions for the duration of this agreement, except that this determination shall be subject to the limitations of the "cost neutrality" provision specified herein.

13.3.1.9. Employee Contribution "Cost Neutrality":
Irrespective of the insurance renewal rates or other factors in the cost-sharing formula, there shall be a cap on the amount by which the full family and employee + one out-of-paycheck contributions may increase in any one year. That amount shall be 100% of the COLA applied at Level 2, step #8, of the LCCEF classified compensation schedule. In the event that the "cost neutrality" cap applies, the employee + one out-of-paycheck contribution shall be increased by a percentage equal to the percentage increase for the full family increase.

13.3.1.10. There shall be no out-of-paycheck insurance premium contribution for employee only coverage during the term of this agreement. For each permitted Renewal Date, the effective date for the COLA increase is provided:

Insurance Renewal:	COLA Adjustment:
10/01/2004	07/01/04
07/01/05	07/01/05
07/01/06	07/01/06
07/01/07	07/01/07

13.3.4. The College may solicit for a new insurance carrier medical, dental and vision) twice during the term of this agreement. Such solicitation shall not cause changes in the level of benefits provided to employees except as mutually agreed to under the terms of the "interim bargaining" provision specified in the 2004/2008 LCC/LCCEF Economic Agreement.

13.3.4.1. The LCC/LCCEF Economic Agreement for 2004/2008 is referenced in Appendix G.

13.3.5. Section 125 Plan: The College agrees to sponsor a flexible spending section 125 medical plan for employees. For the 2005 plan year, the College shall contribute an "employer match" of $150.00/year for employee only, $250.00/year for employee + one, and $300.00/year for full family. This is a dollar-for-dollar match. The employee must self-pay the required minimum/year contribution for section 125 plan participation. The College agrees to equal employer matching contributions for all employee groups including faculty and management.

13.3.6. An open enrollment period will be provided prior to any rate adjustments taking effect after October 1, 2004 for employees to change their dependent coverage.

13.3.7. In the event that premium rates decrease the decrease is applied to the amount of individual insurance payroll deductions within that plan. If the decrease exceeds the amount of payroll deduction, that dollar amount will be added to the Insurance Premium Assistance Program.

13.4. Benefit stipend in lieu of insurance (For less than .500 FTE employees)

13.4.1. After the completion of 700 hours of classified employment in any consecutive twelve-(12) month period, employees shall receive a benefit stipend of $75 per month. Hours worked will be monitored on a monthly basis to establish eligibility. This stipend shall be added to the employee's salary and shall be paid so long as the employee maintains an employment level of 700 hours in a twelve-(12) month period. Once initial eligibility is established, cumulative hours worked will be monitored on April 1 and October 1 each year. In order to maintain eligibility for the stipend for another six-month period, the employee must have worked at least 700 hours in the twelve-month period prior to these review dates. The stipend will not be paid in any pay period in which the employee does not work.

13.4.2. The College will make information about insurance plan options available to employees who wish to purchase major medical insurance for themselves. 

13.5. Uniforms

13.5.1. The College will provide any uniform or other protective clothing which it requires its employees to wear.

13.6. Insurance Premium Assistance Program  (For employees hired into budgeted positions of .500 FTE or greater)

13.6.1. The Insurance Premium Assistance Program (IPAP) is designed to assist with insurance premiums for those employees who have exhausted all available leave accounts. Employees qualify for the program using the following criteria:

13.6.1.1. All accumulated leave hours have been exhausted (sick, vacation, personal).

13.6.1.2. College-paid insurance benefits have been exhausted.

13.6.1.3. Employee has one full year of employment with the College (12 months of seniority). .

13.6.1.4. Physician's statement certifying employee's inability to work has been received.

13.6.2. The IPAP will provide insurance premiums for coverage at existing levels for up to three (3) months.

13.6.3. One representative appointed by the Union and one representative from the College will review all requests and approve disbursements with funds being transferred to cover the premium expense.

13.6.4. In September 2000, July 2001, July 2002, and July 2003, $7,500 shall be budgeted to this fund. Any funds remaining from the previous year shall carry over into the new year.

ARTICLE FOURTEEN - LEAVES WITH PAY

14.1. Compassionate Leave 
(For employees hired into budgeted positions of .500 FTE or greater)

14.1.1. In the event of a death in the immediate family, the College shall grant up to seven (7) calendar days per occurrence, with no change in regularly scheduled pay, if warranted by the situation. Up to five (5) additional scheduled work days may be granted for which the employee will be paid at one-half salary for any time not worked. Personal Leave or Vacation accruals may be used in lieu of salary loss. For the purpose of this article, the immediate family members include:

parents (including step)
children (including foster and step)
brothers
sisters
spouse
grandparents
grandchildren
mother-in-law
father-in-law
son-in-law
daughter-in-law
same sex domestic partner
other persons who reside in the same household and who are dependent on the employee for care

14.2. Family Illness Leave 
(For employees hired into budgeted positions of .500 FTE or greater)

14.2.1. In the event of a critical illness in the immediate family (as described in Article 14.1, Compassionate Leave) the College may grant time off to attend to the individual or make arrangements for care and treatment if necessary. A total of sixteen (16) hours per year may be granted if warranted by the situation. Three (3) additional scheduled work days may be granted for which the employee will be paid at one-half salary for any time not worked. Personal Leave or Vacation Accruals may be used in lieu of salary loss.

14.3. Personal Leave 
(For employees hired into budgeted positions of .500 FTE or greater)

14.3.1. Effective January 1, 2005 , twenty-four (24) hours of personal leave (not to be pre-rated for .50 - 1.0 FTE employees) will be granted per year. In the event of a bona fide personal obligation, the College may grant time off with regular pay to attend to the justified obligation, if necessary. Such leave shall not be charged to the employee's sick leave account and shall meet all the following conditions:

14.3.1.1. Twenty-four (24) hours of personal leave shall be awarded January 1, annually. Personal leave shall not accumulate, or roll-over, from one calendar year to the next calendar year. In the event of an employee's resignation or termination, personal leave hours shall not be subject to final pay-off.

14.3.1.2. Such leave shall be used only to attend to the personal obligations of the employee and the total usage for each instance is limited to eight (8) hours.

14.3.1.3. Personal leave must be requested forty-eight (48) hours in advance or as soon as possible after the need is identified. Managers have the right to clarify the nature or urgency of the employee's bona fide personal obligation.

14.3.1.4. Personal leave shall not be used with the intention of extending vacation leave, or before or after Holidays, or of extending academic breaks (fall, winter, spring).

14.4. Sick Leave

14.4.1. To reduce the cost of non-occupational illnesses and disabilities, full?time employees shall accrue sick leave at the rate of one day for each full month of completed service. Part-time employees who work .500 - .999 FTE shall earn sick leave on a prorated basis.  Employees who work less than .500 FTE and are in a PERS qualifying position (generally 600 hours in a 12-month period), shall earn sick leave on a pro-rated basis.  An employee shall notify the supervisor prior to the need for sick leave or as soon as possible after knowledge of such need. Accumulation of sick leave shall be unlimited. New staff members may transfer to Lane Community College the allowable sick leave limit accumulated in any Oregon School District. Sick leave will be allowed when an employee is unable to work previously scheduled hours because of illness, injury or medical treatment. Upon termination, the employee’s sick leave balance will be reported to PERS.  An employee who at the time of termination has taken more sick leave than has been accrued shall reimburse the College for the value of the difference.

14.4.2. Donations of sick leave hours must be in writing and signed by the contributing employee. All requests for donations of sick leave hours from the College Sick Leave Bank to an eligible employee must be in writing and signed by the employee or their designee. The mandatory contribution levels shall be the same for employees from all three groups including classified, faculty and managers. The College Sick Leave Bank MOA is in Appendix F.

14.4.3. Effective upon ratification of this Agreement, Union employees who work 700 hours or more per fiscal year shall be eligible to access primary health care services through the College Employee Health Clinic. Effective with the first payroll period after ratification of this Agreement, all eligible Union employees (those working 700 or more hours per fiscal year) shall be assessed $1.00 per semi-monthly payroll period (up to $24.00/fiscal year) via payroll deduction as a mandatory contribution for access to the College Employee Health Clinic. Eligible Union employees who access primary health care services through the Employee Health Clinic shall not be required to use their accrued sick leave unless the absence from their work assignment is two (2) hours or more. Whenever possible, Union employees shall consult with their College supervisor in advance before leaving their work assignment to go to the Employee Health Clinic. See the Employee Health Clinic MOA in Appendix P.

14.4. Vacation  (For employees hired into budgeted positions of .500 FTE or greater)

14.5.1. Vacation is credited to an employee after the six (6) month initial employment period is successfully completed. Employees with less than five (5) years of continuous service shall accrue vacation credits at the rate of 7.50 hours per full calendar month of service completed. Employees with five (5) or more full years of continuous service accrue vacation credits at the rate of 15.0 hours per full calendar month of service completed. Employees who work less than full-time on an annual basis (1.00 FTE) accrue vacation monthly on a pro-rated FTE basis.

14.5.2. Vacation computing and accounting shall be on a calendar year basis as provided for in article 14.5.1. (January 1 - December 31). The roll-over date shall be adjusted to January 1, annually. Effective January 1, 2004, the maximum number of accrued vacation credits that employees may carry over shall be no more than eighty (80) hours for employees with less than five (5) years of continuous service, and no more than one-hundred sixty (160) hours for employees with five (5) or more years of continuous service. In no case will employees be compensated for vacation credits not used and subsequently lost. Vacation credits above the 80 and 160 hour limits may carried over to the next calendar year only when a scheduled vacation is canceled by the College and cannot be rescheduled by the College prior to December 31, annually.

14.5.3. Vacation will be taken at a time mutually convenient for the College and the employee and/or work team. If an employee's request for vacation is denied, the reasons for such denial shall be given in writing to the employee.

14.5.4.   Employees in certain part-time positions, such as instructional support and child care positions, who are not allowed to use vacation during the academic year will be paid for their accumulated vacation at the end of the fiscal year. These positions will be designated in advance by the College.

14.5.5. Upon termination, a permanent employee shall be paid for current earned but unused vacation at the wage rate at the time the vacation was earned. In case of death, compensation for accrued vacation leave shall be paid in the same manner that salary due the decedent is paid.

14.6. Holidays  (For employees hired into budgeted positions of .500 FTE or greater)

14.6.1. Paid Holidays shall be awarded to eligible LCCEF bargaining unit employees consistent with the twelve (12) designated Holidays listed below. Holiday compensation shall be pro-rated for part-time employees working .500 - .999 FTE. When less than full time (.500 - .999 FTE) employees are not scheduled to work on designated Holidays, such employees shall be paid for Holiday leave in the final June payroll annually (example: academic year employees who are not assigned to work in July or early September shall be paid consistent with their annualized FTE for July 4, and Labor Day). Employees other than continuous-operations personnel shall receive the following recognized paid holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day (last Monday in May), Independence Day, Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Day*, the (last working) day before Christmas Day, the (first working) day after Christmas Day.

14.6.2. *(When Christmas Day falls on a Wednesday, the following Thursday and Friday are observed as holidays instead of the last working day before and the first working day after Christmas Day.)

14.6.3. Employees required to work on designated holidays shall be compensated at a rate of one and one-half (1-1/2) times their regular rate of pay for all hours worked in addition to holiday pay. When one of the recognized holidays falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, either the preceding Friday or the following Monday shall be observed, as determined by the College.

14.6.4. Employees who work less than full-time on an annual basis (1.00 FTE) will receive a pro-rated portion of the twelve (12) designated holidays. This pro-rated amount will be divided into equal payments and distributed to the employee each pay period. 

14.7. Court and Jury Duty

14.7.1. An employee called for jury duty or as a witness in a case in which the employee is not personally involved, shall be paid the regular salary for each of the days the employee was previously scheduled to work, provided that all monies received as jury duty pay or witness fees are turned over to the College. Employees shall return to work immediately when less than a normal work day is required by such duty.

14.8. Military Leave With Pay 
(For employees hired into budgeted positions of .500 FTE or greater)

14.8.1. An employee who has served with the College for six (6) months or more immediately preceding an application for military leave, and who is a member of the National Guard or any reserve components of the armed forces of the United States, is entitled to a leave of absence from College duties for a period not exceeding fifteen (15) calendar days in any calendar year. Such leave shall be granted without loss of time, pay, or other leave. Military leave with pay will be granted only when an employee receives bona fide orders to active or training duty for a temporary period. Such leave shall not be paid if the employees do not return to work immediately following the expiration of the period for which they were ordered to duty. Leave with pay shall not be granted to employees entering the military service for extended and indefinite periods of active duty.

ARTICLE FIFTEEN - LEAVES WITHOUT PAY

15.1. Leave Without Pay 
(For employees hired into budgeted positions of .500 FTE or greater)

15.1.1. A permanent employee may be granted a leave of absence without pay for up to one (l) year when, in the College's judgment, the department can accommodate the absence. Requests for such leave must be in writing and must establish sufficient justification for approval. Such requests will be submitted to the College to allow an adequate time for review. Responses to such requests will be given to employees in time to allow sufficient opportunity for planning.

15.1.2. An employee desiring to return from such approved leave of absence of up to four (4) months shall notify the College in writing at least fourteen (14) calendar days prior to the date of intended return. Employees desiring to return from leaves of absence of four (4) months or more shall notify the College in writing at least sixty (60) calendar days prior to the date of intended return. The College shall return the employee to the employee's former position if that position exists, or to a comparable position in the occupational category for which the employee qualifies.

15.2. Parental Leave 
(For employees hired into budgeted positions of .500 FTE or greater)

15.2.1. Maternity disability will be considered just as any other valid temporary disability. The actual length of such leave shall be determined by the employee's doctor, except that in no case shall such leave be granted or extended beyond a total of one (l) year. Utilization of accrued sick leave with pay shall be limited to only the period of actual disability as verified in writing to the College by the employee's physician. Parental leave up to one (l) year shall be allowed, upon request, for the care of infant children.

15.2.2. An employee returning immediately following the period of actual disability shall be returned to the same position that he/she held at the time the leave was granted. An employee granted parental leave or maternity leave beyond the period of actual disability shall be returned in accordance with the provisions outlined in 15.1, Leaves Without Pay.

15.3. Military Leave of Absence Without Pay

15.3.1. An employee shall be entitled to a military leave of absence without pay during a period of service with the armed forces of the United States . The employee shall, upon honorable discharge from such service, be returned to a position in the same class as his/her last held position at the salary rate prevailing for such class. Such employee shall make application for reinstatement within ninety (90) days and shall report for duty within six (6) months following separation from active duty. Failure to comply will terminate military leave. When an employee voluntarily reenlists or extends the period of military service, the military leave shall be deemed canceled.

15.4. Family Medical Leave

15.4.1 Family medical leave shall be allowed in accordance with State and Federal statutes and relevant Oregon Bureau of Labor administrative regulations. The College shall comply with state and federal family medical leave guidelines concurrently in a manner that affords employees the maximum allowable benefit of accrued leave and family medical leave.

15.5  Political Leave

15.5.1.  A Union employee at .500 FTE or greater who is elected or appointed to a public office which requires her/his absence from their College assignment for an extended period of time shall be granted a political leave of absence for the duration of such public service. Such leaves of absence shall be unpaid.

15.5.2.  Upon her/his return, she/he shall be placed at the same level and step on the Union compensation schedule as she/he was at the time that the political leave of absence was granted.

15.5.3.  An unpaid leave of absence for up to ninety (90) days shall be granted to any contracted employee upon application to Human Resources for the purpose of running for political office.

ARTICLE SIXTEEN - PAY POLICIES

16.0. Payroll Procedures

16.1. The College shall pay employees on a semi-monthly basis.

16.2. Check-Off/Payroll Deductions

16.2.1. The College, when so authorized and directed in writing by an employee on the authorization form provided by the College, will deduct Union dues and insurance premiums from the wages of such employee. The amount of Union dues to be deducted shall be certified in writing to the College by the Union . The aggregate deductions shall be remitted to the Union monthly.

16.2.2. Except as provided in Article VII, any authorization for payroll deductions may be canceled by an employee upon written notice to the College and the Union prior to the 15th day of each month, to be effective on the first day of the following month. Arrangements can also be made by the individual staff member for deductions for credit unions, mutually agreed upon charitable contributions, health insurance, and tax sheltered annuities.

16.2.3. The College will not be held liable for check-off errors, but will make proper adjustments with the Union for errors as soon as is practicable, and no later than the following pay period.

16.3. On-the-Job-Injury Insurance

16.3.1. Employees who sustain an injury or illness compensable by Workers' Compensation and who are unable to perform their normal duties on their previously scheduled work days will be paid their regular salary for lost time not to exceed paid leave time available. Whenever an employee receives a check from Workers' Compensation, the employee shall submit the check to the College, if during the period it represents, paid sick leave was used. Medical progress reports from the employee's doctor may be required by the College prior to approval of such payments.

16.3.2. Accrued sick leave shall be deducted as an offset to the salary paid. The College will use the compensation received from Workers' Compensation to reduce the number of hours of sick leave deducted. The amount of Workers' Compensation received will be divided by the hourly rate of pay of the staff member, and the result is the number of hours of sick leave to be reinstated.

16.4. Reimbursement for Personal Expenses

16.4.1. Classified personnel shall be reimbursed for authorized personal expenses occurring while on official College business at the current established College rate. Official trips shall be those approved by the President or a designated representative. When a College-owned vehicle is not available, the employee shall be reimbursed at the current established College rate per mile when required to use a private automobile on College business.

16.5. Public Employees Retirement System

16.5.1. The College will continue to pay the 6% employee contribution to PERS. The College agrees to continue to pay the PERS employee (6%) "pick-up" through June 30, 2008 . Under article 16.5.1, the language is broadened to include the new state employee retirement programs. The College and the Union shall negotiate any area of the PERS agreement declared to be invalid by a court of competent jurisdiction.

16.6. Temporary Assignment to Higher Classification  (For employees hired into budgeted positions of .500 FTE or greater)

16.6.1. Employees assigned by the College to assume the "core" duties and responsibilities of a higher, existing job classification, for ten (10) or more consecutive work days, shall be placed at the first step on the higher level which represents a wage increase, plus one additional step on that level. This increase shall be retroactive to day one (1) of the temporary assignment. No temporary assignment shall be made in excess of 120 calendar days, during a twelve month period, without the specific consent of the Union and the employee. If a temporary assignment results in an increase in pay level that extends beyond 120 calendar days within a twelve month period, except as agreed by the Union and the employee as noted above, then the pay level and the assignment of duties shall be deemed to have been made permanent by the College. Exceptions to the 120 calendar day limit shall be limited to employees assigned to assume the duties of other employees who are not available to work because they are out on any type of approved leave of absence covered by this contract, including leaves covered by FMLA/OFLA and active military duty. This exception does not include temporary assignments to cover for employees who are out on approved vacation or personal leaves, or employees out on unpaid leaves under article 15.1 except by mutual agreement between the College and the Union .

16.6.2.1. Any .500 - 1.0 FTE employee who, on April 1, 2004 , was being paid at a temporary assignment level and had, as of 04/01/2004 , served in excess of 120 consecutive calendar days in the temporary assignment shall have the temporary level made permanent.

16.6.2. Employees temporarily assigned to assume a higher level of duties and responsibilities which do not match any existing job classification, for more than ten (10) working days but less than ninety (90) calendar days, shall be placed at the same step on the next higher level. If the temporary assignment exceeds eighty-nine (89) calendar days, a two-member team will be appointed by the Joint Review Committee to assign a salary range placement based on actual duties assigned. The employee will move to the same step on the new level. Any wage increase resulting from this review will be made retroactive to day one (1) of the temporary assignment. 

16.7. New Hires  (For employees hired into budgeted positions of .500 FTE or greater)

16.7.1. Placement of employees new to the College o