Section Two. The Union but not any employee shall have the right to appeal in writing by submitting data, views, arguments, or a request for a hearing relative to reevaluation of a class or classes of positions allocated to the State Compensation Plan. Within sixty (60) days after the receipt of such written data or holding the requested hearing, the Commissioner of Administrative Services or his/her designee shall answer the appeal.
Section Two. The Department will attempt to correct deficiencies or inadequacies with respect to equipment, supplies and materials provided to shops or academic or related classes to the extent that such matters are called to the Department’s attention by bargaining unit employees. Said deficiencies or inadequacies shall not by themselves be used against employees in the performance evaluation process.
Section Two. Employees with less than two (2) years of service may grieve discipline under Article 21 based on a claim of inequitable treatment. Any such grievance shall not be arbitrable.
Section Two. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions herein. Section Three If any Article or Section of this Agreement or any supplements thereto should be held invalid by operation of law or by any competent jurisdiction or tribunal, or if compliance with or enforcement of any Article or Section of this Agreement should be restrained by such tribunal, the remainder of this Agreement shall not be effected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.
Section Two. (a) There shall be no annual increment or top step bonus paid for the 2016-2017 contract year.
Section Two. (a) For the purpose of this article, the definition of seniority in Article 16 shall apply. No employee shall be laid off if any employee in the same agency in the same class and with comparable qualifications, with less seniority, is retained. For employees in the Bureau of Rehabilitation Services, seniority shall include continuous service with the Department of Education at the time the Division/Bureau of Rehabilitation Services was transferred to DHR. For employees of the Department of Construction Services, seniority shall include continuous service with the Department of Education at the time the Bureau of School Facilities was transferred to the Department of Construction Services and any successor entity.
Section Two. The State shall provide counsel to an employee who is sued for malpractice, provided that the employee was acting within the scope of his/her employment and was not acting in a willful or wanton manner. Disputes over the State’s obligations to provide counsel under this Section shall be subject to expedited arbitration. In deciding questions of whether an employee was acting within the scope of his/her employment or in a willful or wanton manner, the arbitrator shall give due weight to the remedial purpose of the indemnification statutes.
Section Two. (a) The contract of a non-tenured employee shall be renewed for a second, third or fourth year unless such employee has been notified in writing that such contract will not be renewed for the following year. Such notification shall be in writing at least 120 days prior to the end of the school year or for non-school year based employees, 120 days prior to the anniversary date of hire. Upon the employee’s written request, such notice shall be supplemented within five (5) days after receipt of such request by a statement of the reason(s) for such failure to renew. A non-tenured employee who has been notified that his/her contract will not be renewed may, upon written request filed with the agency head within ten (10) days after the receipt of such notice, be entitled to a hearing to be conducted by the agency head or his/her designated representative and to be held within fifteen (15) days of the receipt of such request.
Section Two. Disabilities resulting from or contributed to by pregnancy, miscarriage, abortion, childbirth or maternity, defined as the hospital stay and any period before or after the hospital stay certified by the attending physician as that period of time when an employee is unable to perform the requirements of her job, may be charged to any accrued paid leaves. Upon expiration of paid leave, the employee may request, and shall be granted, a medical leave of absence without pay, position held. The total period of medical leave of absence without pay with position being held shall not exceed six (6) months following the date of termination of the pregnancy. A request to continue on a medical leave of absence beyond this period must be in writing, if granted, the position may or may not be held for this extended period, subject to the appointing authority’s decision. Up to ten (10) days of paid leave, deducted from sick leave, will be provided to a spouse in connection with the birth, adoption or taking custody of a child, or the prenatal or postnatal care of a spouse. Vacation or personal leave may also be used for such purposes, subject to the approval of the appropriate agency official.
Section Two. The State shall provide counsel to an employee who is sued for malpractice, provided that the employee was acting within the scope of his/her employment and was not acting in a willful or wanton manner. In cases where the State is also a defendant and where there is a potential conflict of interest on the part of attorneys for the State, the employee may request that the State provide reasonable attorney's fees for private counsel. Disputes over the State's obligations to provide counsel under this Section shall be subject to expedited arbitration. In deciding questions of whether an employee was acting within the scope of his/her employment or in a willful or wanton manner, the arbitrator shall give due weight to the remedial purpose of the indemnification statutes.
