21.12 Leave Required by Law or Negotiated Agreement- Contract Pages (Part 2 of 2)

Absence With Pay (Part 21)

Section 21.12 - Leaves Required by Law or Negotiated Agreement - (Part 2 of 2, C-15 through 28)

[Part 2, pages C-15 thru C-28]

C-15 Employee Organization Leave - PEF

Negotiating Unit:

Professional, Scientific and Technical Services Unit Article 4.7

Effect:

Employees in the Professional, Scientific and Technical Services Unit are eligible for leave with pay to attend PEF Statewide delegate meetings, meetings of PEF's Board of Directors and meetings of PEF's standing, ad hoc and special committees. They are also eligible for leave with pay to investigate and process grievances, to participate in Statewide negotiations and to attend joint labor/management meetings.

Procedures for Implementing Employee Organization Leave, Section 4.7,
Article 4 of Negotiated Agreement for the PS&T Unit

I. Administrator of Employee Organization Leave

The Governor's Office of Employee Relations administers employee organization leave for this bargaining unit.

II. General Considerations

Employee organization leave shall be leave with pay. Section 4.7 of the State-PEF agreement provides for employee organization leave for employees in the PS&T Unit.

Travel time shall mean actual and necessary travel time during the hours the employee would normally work, not to exceed five hours each way. The amount of travel time will be determined by each employing agency.

No overtime or compensatory time off may be approved for travel to or attendance at a meeting, or for investigating or processing a grievance. Employees who travel to or attend a meeting or who are investigating or processing a grievance on a regular day off or pass day or holiday shall not be granted any time off in lieu thereof.

Employee organization leave must be requested through and approved in advance by the employing agency and such approval is, in all cases, subject to reasonable operating needs.

Unless otherwise indicated herein, the term "year" shall mean the contract year beginning on April 1 and ending on March 31.

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III. Board of Directors and Committee Meetings, Section 4.7(a)

A. Authorization for Leave

Absences to attend Board and PEF committee meetings that are requested in advance by the employee and approved by the employing agency shall be initially charged to appropriate leave credits. The employing agency shall restore such leave credits to the employee immediately upon receipt of notification from the Governor's Office of Employee Relations verifying such employee's attendance at a Board or committee meeting.

B. Disputes

Employees who challenge the accuracy of authorizations and believe they are entitled to employee organization leave must refer such challenges through PEF. No additional employee organization leave may be approved by any agency except upon notice from the Governor's Office of Employee Relations.

IV. PEF Delegate Meetings. Section 4.7(b)

The State shall grant employee organization leave for one PEF delegate meeting in each year of the agreement.

A. Amount of Leave

The maximum employee organization leave permissible for a delegate sleeting shall be three days or such lesser amount as is actually used.

B. Authorization for Leave

Absences to attend delegate meetings that are requested in advance by the employee and approved by the employing agency shall be tentatively charged as employee organization leave. Following the meeting, the Governor's Office of Employee Relations will send notices to each agency verifying employees' eligibility for employee organization leave. This notification will serve as written authorization for final approval by the employing agencies.

Employees who may have received tentative approval for employee organization leave to attend the delegate meeting will be required by their agencies to charge their time off to appropriate leave credits if their names do not appear on the written authorization received from the Governor's Office of Employee Relations.

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C. Disputes

Employees who challenge the accuracy of the written authorizations and believe they are entitled to employee organization leave must refer challenges through PEF. Adjustments in written authorizations for employee organization leave may not be made by any agency except upon written notice from the Governor's Office of Employee Relations.

V. Statewide Negotiations, Section 4.7(c)

A. Eligible State Employees

The Governor's Office of Employee Relations will send notices to employing agencies prior to the start of negotiations including the names of employees and their eligibility to participate in the conduct of negotiations for a successor agreement.

B. Authorization for Leave

Eligible employees who absent themselves to attend negotiating sessions shall initially charge the absence to appropriate leave credits. The Governor's Office of Employee Relations will send notices monthly to the affected agencies giving the dates and amounts of employee organization leave approved for eligible employees to attend Statewide negotiating sessions. Such notice shall serve as written authorization for employee organization leave and agencies shall restore leave credits charged for the covered dates and times upon receipt of the notification.

VI. Joint Labor/Management Committees. Section 4.7(c)

A. Statewide Committees

Absences to attend Statewide joint labor/management committee meetings that are requested in advance by the employee and approved by the employing agency shall be initially charged to appropriate leave credits. The Governor's Office of Employee Relations will send notices monthly to employing agencies including names of eligible employees, dates of meetings and amounts of employee organization leave to be granted. These notices shall serve as written authorization for employee organization leave and agencies shall restore leave credits charged for the covered dates and times upon receipt of the notification.

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B. Agency/Institution/Local Joint Labor/Management Committees

Reasonable numbers of PEF designees will be granted reasonable amounts of employee organization leave to participate in meetings of joint labor/management committees which are established at the facility or the department/agency level. Such employee organization leave is subject to advance approval by the employing agency based on operating needs.

VII. Investigation and Processing of Grievances, Section 4.7(c)

PEF will notify the Director of Employee Relations in writing of the names of employees who are authorized by PEF to investigate and process grievances. The Governor's Office of Employee Relations will provide such list to employing agencies quarterly.

Use of employee organization leave for investigation of claimed grievances and processing of grievances is not subject to verification or final authorization by the Governor's Office of Employee Relations. Agencies are authorized to approve use of such leave and may refer questions or problems to their designated agency liaison in the Governor's Office of Employee Relations.

Certain conditions and limitations which apply to the use of employee organization leave, as outlined in the Governor's Office of Employee Relations November 1979 memorandum to State agencies, continue during the duration of the 1988-91 State-PEF Agreement. Agencies should refer to the side letter on this subject, dated October 6, 1988, which is found in Appendix III of the Agreement.

TM-6 - No Substantive Changes - January 1991

C-19 Employee Organization Leave - Council 82

Negotiating units:

Security Services Unit Article 5.3 and 25.3
Security Supervisors Unit Article 5.3 and 25.3

Effect:

I. Administration of Employee Organization Leave

Responsibility for administration of employee organization leave for these units has been delegated by the Governor's Office of Employee Relations to the Director of Work Force Planning Services, Department of Civil Service, and by Council 82 to the Council's Executive Director.

Unless otherwise noted, the following procedures regarding the administration of employee organization leave apply to both the Security Services Unit and the Security Supervisors Unit.

II. General Considerations

Employee organization leave is leave with pay. Section 3 of Article 5 and Section 3 of Article 25 of the State-Security Services Unit Agreement and the State-Security Supervisors Unit Agreement provide for employee organization leave for employees in these units.

No overtime or compensatory time off may be approved for travel to or attendance at a meeting, or for investigating or processing a grievance. However, when an employee was relieved from a previously scheduled overtime assignment on his/her regular day off for the purpose of attending a disciplinary grievance review meeting which had been scheduled on that regular day off before the overtime assignment was accepted, an arbitrator awarded overtime. Therefore, consistent with administrative regulations regarding the assignment of overtime, the investigation or processing of a grievance should not be scheduled at a time which would conflict with an overtime work assignment on a day which is otherwise scheduled as the employee's regular day off. Employees who travel to or attend a meeting or who are investigating or processing a grievance on a regular day off, vacation, pass day, holiday or on sick leave shall not be granted any time off in lieu thereof.

Employee organization leave should be requested through and approved in advance by the employing agency. Such approval is, in all cases, subject to reasonable operating needs.

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Approval of requests to reschedule shifts or pass days so that employees can attend internal union functions during their working hours need not be granted. However, in the case of negotiations and labor/management committee meetings, every effort should be made to arrange such rescheduling.

Unless otherwise indicated, the term "year" shall mean the contract year beginning on April 1 and ending on March 31.

It must be understood that employees may attend conventions, board meetings and policy committee meetings on their own time or by charging their time to personal accruals subject to management's ability to release then from duty. The limits specified herein apply solely to time charged to employee organization leave; i.e., release time without charge to personal accruals.

III. Union Executive Board--Security Services Unit and Security Supervisors Unit

Members of the Union Executive Board shall be granted employee organization leave for the purpose of attending Executive Board meetings.

A. Eligible State Employees

Members of the Executive Board, Security Services Unit, Council 82 and Security Supervisors Unit, Council 82 are eligible.

B. Amount of Leave

1. Security Services Unit -- For any contract year, members of the Executive Board are provided a cumulative total of 224 days of employee organization leave for attendance at and travel to and from Board meetings.

2. Security Supervisors Unit -- For any contract year, one member of the Executive Board is provided a cumulative total of 12 days of employee organization leave for attendance at and travel to and from Board meetings.

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C. Approval and Recording of Employee Organization Leave

For purposes of approving and recording employee organization leave used for Board meetings, one day is equal to one full shift (duty tour); leave cannot be charged in units of less than one day. Any and all time absent from work as a result of attendance at Board meetings for which employee organization leave is authorized is charged to the "bank" of 224 days, or 12 days, as appropriate, or to the employee's leave accruals.

D. Procedure for Requesting Leave, Notification of Meetings and Authorization for Leave

1. Requests for employee organization leave to attend meetings of the Union Executive Board shall be made by the employee to his/her supervisor at least five (5) days in advance of the meetings, and shall specify the total amount of leave requested including actual and necessary travel time not to exceed eight (8) hours each way. Upon receipt of such requests, agencies will grant tentative approval of employee organization leave, subject to the need to maintain essential services.

2. The Executive Director will inform the Director of Work Force Planning Services of all meetings of the Executive Board at least five (5) days in advance and the Director of Work Force Planning Services shall notify the appropriate agencies. Such notice will include the member's name, agency, official work station (e.g., main office, district office or geographic location, institution, facility). Employee organization leave will not be approved unless the five-day advance notice is given.

3. Following each meeting, the Executive Director will forward to the Director of Work Force Planning Services the names of those members who attended the meeting.

4. The listing of those who were in attendance at each meeting will be forwarded to the agencies by the Director of Work Force Planning Services.

5. The Director of Work Force Planning Services will maintain a record of employee organization leave used for attendance at Board meetings and will not authorize any employee organization leave in excess of the limits specified in the agreements.

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6. Employees who challenge the accuracy of authorizations and believe they are entitled to employee organization leave must refer such challenges through their local presidents or directly to the Executive Director. No additional employee organization leave may be approved by any agency except upon notice from the Director of Work Force Planning Services.

IV. Union Policy Committee Meetings--Security Services Unit and Security Supervisors Unit

Members of the Correction, Uniformed Supervisors, Safety, Conservation, Rangers, Campus Public Safety Officers, Parks and Recreation, OGS, Hospital Treatment Assistants, Security Services Assistants and Security Supervisors policy committees shall be granted employee organization leave for the purpose of attending such policy committee meetings.

A. Eligible State Employees

Members of the Policy Committees, Security Services Unit, Council 82, and Security Supervisors Unit, Council 82 are eligible. The committees and maximum number of employees eligible for employee organization leave for each such meeting are as follows: For members of the Security Services Unit -- Correction (56); Uniformed Supervisors (10); Safety (11); Conservation (12); Rangers (9); Campus Public Safety Officers (9); Parks and Recreation (9); OGS (3); Hospital Treatment Assistants (4); Security Service Assistants (3); and for members of the Security Supervisors Unit -- Correction (16); Rangers (3); and Campus Public Safety Supervisors (7).

B. Amount of Leave

1. Security Services Unit

For any contract year, members of the nine policy committees are provided a cumulative total of 504 days of employee organization leave for attendance at and travel to and from committee meetings. Such leave is available for the designated number of members of each committee for up to two meetings of no more than two days' duration each during each contract year for each of the nine committees.

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2. Security Supervisors Unit

For any contract year, members of the three policy committees are provided a cumulative total of 104 days of employee organization leave for attendance at and travel to and from meetings of committee meetings. Such leave is available for the designated number of members of each committee for up to two meetings of no more than two days' duration each during each contract year for each of the three committees.

C. Approval and Recording of Employee Organization Leave

For purposes of approving and recording employee organization leave used for policy committee meetings, one day is equal to one full shift (duty tour) and leave cannot be charged in units of less than one day. All time absent from work as a result of attendance at policy committee meetings for which employee organization leave is authorized is charged to the "bank" of 504 days or 104 days, as appropriate, or to the employee's leave accruals.

D. Procedure for Requesting Leave, Notification of Meetings and Authorization for Leave

1. Requests for employee organization leave to attend meetings of the Union Policy Committees shall be made by the employees to their supervisors at least five (5) days in advance of the meeting, and shall specify the total amount of leave requested, including actual and necessary travel time not to exceed eight (8) hours each way. Upon receipt of these requests, agencies will grant tentative approval of employee organization leave, subject to the need to maintain essential services.

2. The Executive Director will inform the Director of Work Force Planning Services of all meetings of the Union Policy Committees at least five (5) days in advance and the Director of Work Force Planning Services will notify the appropriate agencies. Notice will include the member's name, agency, and official work station (e.g., main office, district office or geographic location, institution, facility). Employee organization leave will not be approved unless the five (5) day advance notice is given.

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3. Following each meeting, the Executive Director will forward to the Director of Work Force Planning Services the names of those members who attended the meeting. Employee organization leave will not be approved unless the five-day advance notice is given.

4. The listing of those who were in attendance at each meeting will be forwarded to the agencies by the Director of Work Force Planning Services.

5. The Director of Work Force Planning Services will maintain a record of employee organization leave used for attendance at policy committee meetings and will not authorize any employee organization leave in excess of the limits specified in the agreements.

V. Statewide Negotiations

A. Eligible State Employees

The Governor's Office of Employee Relations will grant employee organization leave to a reasonable number of employees for the Union Negotiating Committee with the understanding that there shall be no more than one Union committee member from any one facility eligible to receive leave for this purpose, except that this restriction shall not apply to the Council President, Correction Officers Policy Committee Chairperson and the President of the Uniformed Supervisors Local.

B. Amount of Leave

Employee organization leave is subject to reasonable operating needs. Leave may be granted for time actually and reasonably spent for such negotiations, including travel time and time approved for preparation meetings. A day prior to the commencement of each negotiating session or series of sessions will normally be approved for preparation and travel. Because team members are released for the full day for a negotiating session, no additional travel time is normally provided following sessions. Special arrangements for...

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...travel time made following late sessions will be communicated to agencies. When authorized, travel time shall mean actual and necessary time, not to exceed eight (8) hours each way.

C. Requests for Leave

Requests for leave shall be filed in advance in writing by the eligible employee with the official the agency designates. Every effort should be made to schedule Council 82 negotiating team members to the day shift, Monday through Friday, during negotiations. Agencies will grant tentative approval for the employee organization leave, including travel time.

D. Verification

1. List of Eligibles

Prior to the commencement of negotiations, Council 82 will submit to the Governor's Office of Employee Relations a list of all members of the Council 82 negotiating teams, including title, agency and official work station; the list shall be revised by Council 82 as necessary.

2. Record of Attendance

The Chief State Negotiator will forward authorization for employee organization leave to the affected agencies. A copy of such authorization will be forwarded to the Director of Work Force Planning Services for record keeping purposes.

VI. Investigating and Processing of Grievances, Article 7 and Article 8

An aggrieved employee, his/her representatives and necessary witnesses shall not suffer any loss of earnings, or be required to charge leave credits, as a result of processing or investigating a grievance during scheduled working hours. Reasonable and necessary time spent in processing and investigating grievances, including travel time, shall neither be charged to leave credits nor considered overtime worked. However, be advised that, in an instance when an employee was relieved from a previously scheduled overtime assignment on his/her regular day off for the purpose of attending a disciplinary grievance review meeting which had been scheduled on that regular day off before the overtime assignment was accepted, an arbitrator awarded overtime. Therefore, consistent with administrative regulations regarding the assignment of overtime, the investigation or processing of a grievance should not be scheduled at a time which would conflict with an overtime...

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...work assignment on a day which is otherwise scheduled as the employee's regular day off. Travel time shall mean actual and necessary travel time, not to exceed eight (8) hours each way.

On the employee's prior written request at least 48 hours in advance, the employer will make every effort to reschedule shift assignments so that meetings fall during working hours of union representatives.

Employees should not leave their jobs to investigate or process grievances without first requesting and obtaining approval from their supervisors. Requests shall be approved providing the resulting absence will not interfere with the proper conduct of governmental functions. These requests are not subject to verification or final authorization by the Director of Work Force Planning Services.

Questions concerning absences from work to investigate or process grievances should be referred by agencies directly to the Governor's Office of Employee Relations.

VII. Joint Labor/Management Committees

A. Statewide Committees

1. Amount of Leave

Time spent in labor/management committee meetings pursuant to Article 25 is not charged against any "bank" of time but is subject to reasonable operating needs. Leave may be granted for time actually and reasonably spent in participating in mutually scheduled meetings of joint labor/management committees plus travel time. Travel time shall mean actual and necessary travel time, not to exceed eight (8) hours each way.

2. Requests for Leave

Requests for employee organization leave should be made by eligible employees in writing in advance to such official as the agency may designate. Agencies will grant tentative approval for employee organization leave, including travel time, subject to the need to maintain essential services.

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3. Verification

a. List of Eligibles

Council 82 will submit to the Governor's Office of Employee Relations a list of all Council 82 members of such committees, including title, agency and official work station; such list shall be revised by Council 82 as necessary.

b. Authorizations

The agencies may approve use of employee organization leave on the basis of authorization by the Governor's Office of Employee Relations. A copy of such authorization will be forwarded to the Director of Work Force Planning Services for record keeping purposes.

c. Notification of Meetings and Record of Attendance

Immediately following each meeting, the State Chairperson will notify the Director of Work Force Planning Services of the date, starting and ending times, and record of attendance.

B. Departmental Committees

1. Amount of Leave

Employees may be released from duty without charge to leave credits for departmental committee meetings subject to reasonable operating needs. Time approved for such meetings shall be authorized only for employees of the department or agency for which the meeting is held except that the President and five regional Vice-Presidents of a statewide local can be granted time for departmental level labor/management committee meetings in agencies other than their own. The five (5) Regional Vice-Presidents will be authorized to attend agency level labor/management meetings only in the Office of Mental Health and the Office of Mental Retardation and Developmental Disabilities. Release from duty may be approved for travel time and for time actually and reasonably spent in participating in mutually scheduled meetings of joint labor/management committees which are established on a departmental basis. Travel time shall mean actual and necessary travel time not to exceed eight (8) hours each way.

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2. Requests for Leave

3. Authorization

The chairperson of each agency committee may approve the authorization of employee organization leave on the basis of the record of attendance.

4. Records

The chairperson of each agency committee will submit to the Director of Work Force Planning Services a record of the total amount of leave used for meetings of departmental committees after each meeting.

VIII. List of Employees Eligible for Employee Organization Leave

The Union shall supply to the Director of Work Force Planning Services 30 days after the execution of this Agreement and quarterly thereafter a list of Union officers, Executive Board members, members of policy committees and other employees eligible for employee organization leave together with the official work stations, departments and agencies of such employees.

State agencies having questions concerning the identity of Council 82 representatives or the authority of such persons to speak or act on contract administration or other matters should refer such questions to the Director of Work Force Planning Services. As required, the Executive Director of Council 82 will provide the Director of Work Force Planning Services with appropriate written certification of the authority and status of such representatives.

IX. Statement of Employee Organization Leave

The Director of Work Force Planning Services shall forward to the Executive Director at the end of each quarter a statement showing the total amount of employee organization leave used to date in the contract year for Union Executive Board meetings, conventions and policy committee meetings. The statement shall be considered an accurate accounting of leave used unless challenged by the Union within 30 days of receipt.

TM-6 - No Substantive Changes - January 1991

Revision History	TM-6 - January 1991
C-2 thru 13, 15 thru 21, 24 thru 28	No Substantive Changes
C-1, 14, 22-23	New or Revised Material

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