Common use of CONTRACTING OUT Clause in Contracts

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 1. There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President Chairman of the NAGE Alliance and two four (4) persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2. In the event that the NAGE desires Principal(s) of the Alliance who represent(s) the affected employees, desire(s) to discuss the purchase of services which are of the type currently being provided by employees within a departmentDepartment/agency Agency covered by this agreementAgreement, the National President of the NAGE that Principal(s) shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE Alliance members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 3. When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 4. In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 5. The Employer shall notify employees in writing at their time of hire hire, on a form agreed-to by the parties, that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they he/she shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. (a) The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth Employer will make reasonable efforts, where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, to obtain jobs with the contractor for employees whose work is to be contracted out. The Employer will have made reasonable efforts where the Employer has: (1) consulted with the Union shall at least three (3) months before the proposed date of implementation of the contracting out to discuss placement options within the civil service for employees whose work is to be notified contracted out; (2) included the plans and capacity of bidders for the hiring of employees whose work is to be contracted out, and the intended salary and benefits levels, as criteria in the tendering process to be applied in the evaluation of bids; (3) consulted with the Union to give the Union an opportunity to put forward its views on how the Employer can try to obtain job opportunities for employees with the contractor; (4) met with the successful bidder and sought to make it a term of the contract that the contractor must: (i) interview employees for available job opportunities with the contractor to perform the contracted out work; (ii) where hiring to perform the contracted out work is subject to appropriate skills testing, offer to test employees; (iii) extend job offers to employees who are qualified for available job opportunities with the contractor to perform the contracted out work; and (iv) where there are more qualified employees than the contractor has opportunities due to the contracted out work, extend job offers on the basis of seniority. (b) If, despite the good faith efforts of the Employer, the Employer has been unable to reach agreement on the above with the contractor, the Employer can still proceed with the contracting out with the contractor. (c) Employees who accept job offers with the contractor will be deemed to have resigned their employment with the Employer. Such employees who subsequently are terminated or who resign employment with the contractor, within twelve (12) months of the commencement of their employment with the contractor shall, on application to the Employer and subject to verification of their employment status with the Union shall discuss contractor, be placed on the availability of similar positions within recall list for a twelve (12) month period. Employees placed on the Department/Agency for which the laid-off employee is determined recall list pursuant to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit have seniority re-instated and be otherwise treated as though there has been no employment break. For greater clarity such employees shall be eligible for a severance payment if they resign or if they are not recalled to employment during the authority twelve (12) month recall period. Employees whose work is contracted out and do not receive a job offer from the contractor or who turn down a job offer will be treated in accordance with the Collective Agreement. (d) In the event of a devolution of bargaining unit work to an employer in the broader public sector of the Secretary Province that would be considered a sale, lease, transfer, annexation or amalgamation under the Trade Union Act, the Employer will make reasonable efforts to accomplish the devolution as if Section 31 of A & F the Trade Union Act were applicable. Where compliance with Section 31 is not accomplished, the Employer will make reasonable efforts to promulgate rules obtain job offers with the new employer for employees whose work is devolved, in accordance with subsection 37.23(a)(1), (3), and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (074). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. (a) The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth Employer will make reasonable efforts, where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, to obtain jobs with the contractor for employees whose work is to be contracted out. The Employer will have made reasonable efforts where the Employer has: (1) consulted with the Union shall at least three (3) months before the proposed date of implementation of the contracting out to discuss placement options for employees whose work is to be notified contracted out; (2) included the plans and capacity of bidders for the hiring of employees whose work is to be contracted out, and the intended salary and benefits levels, as criteria in the tendering process to be applied in the evaluation of bids; (3) consulted with the Union to give the Union an opportunity to put forward its views on how the Employer can try to obtain job opportunities for employees with the contractor; (4) met with the successful bidder and sought to make it a term of the contract that the contractor must: (i) interview employees for available job opportunities with the contractor to perform the contracted out work; (ii) where hiring to perform the contracted out work is subject to appropriate skills testing, offer to test employees; (iii) extend job offers to employees who are qualified for available job opportunities with the contractor to perform the contracted out work; and (iv) where there are more qualified employees than the contractor has opportunities due to the contracted out work, extend job offers on the basis of seniority. (b) If, despite the good faith efforts of the Employer, the Employer has been unable to reach agreement on the above with the contractor, the Employer can still proceed with the contracting out with the contractor. (c) Employees who accept job offers with the contractor will be deemed to have resigned their employment with the Employer. Such employees, who subsequently are terminated or who resign employment with the contractor, within twelve (12) months of the commencement of their employment with the contractor shall, on application to the Employer and subject to verification of their employment status with the Union shall discuss contractor, be placed on the availability of similar positions within recall list for a twelve (12) month period. Employees placed on the Department/Agency for which the laid-off employee is determined recall list pursuant to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit have seniority re-instated and be otherwise treated as though there had been no employment break. For greater clarity such employees shall be eligible for a severance payment if they resign or if they are not recalled to employment during the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor twelve (0312) or vendor employee (07)month recall period. Employees shall have one (1) year whose work is contracted out and do not receive a job offer from the date of notification to file contractor or who turn down a request for such credit. If job offer will be treated in accordance with the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisCollective Agreement.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor special MOSES/Management Committee to advise the Secretary of A & F Administration and Finance on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President of the NAGE MOSES and two four (4) persons designated by the Chief Human Resources Officer. Said Committee committee shall develop and recommend to the Secretary of A & F Administration and Finance procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees.. The Committee shall examine both cost effectiveness of such contracts and their impact on the career development of MOSES members. In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature and whether it should more appropriately be performed by regular employees. If the Committee cannot reach an Agreement, the matter will be submitted to expedited fact-finding. Nothing in this Article shall limit the authority of the Secretary of Administration and Finance to promulgate rules and regulations covering contracting out of services pursuant to M.G.L. Chapter 29, Section 29A. Section 15.2 In the event that the NAGE MOSES desires to discuss the purchase of services which are of the type currently being provided by employees within a department/agency covered by this agreementAgreement, the National President of the NAGE MOSES shall request in writing a meeting of the Special Labor special MOSES/Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process15.1. Section 15.3 When a Departmentdepartment/Agency agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union MOSES shall be notified and the Employer and the Union MOSES shall discuss the availability of similar positions within the Departmentdepartment/Agency agency, for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. (a) The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth Employer will make reasonable efforts, where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, to obtain jobs with the contractor for employees whose work is to be contracted out. The Employer will have made reasonable efforts where the Employer has: (1) consulted with the Union shall at least three (3) months before the proposed date of implementation of the contracting out to discuss placement options with the Employer for employees whose work is to be notified contracted out; (2) included the plans and capacity of bidders for the hiring of employees whose work is to be contracted out, and the intended salary and benefits levels, as criteria in the tendering process to be applied in the evaluation of bids; (3) consulted with the Union to give the Union an opportunity to put forward its views on how the Employer can try to obtain job opportunities for employees with the contractor; (4) met with the successful bidder and sought to make it a term of the contract that the contractor must: (i) interview employees for available job opportunities with the contractor to perform the contracted out work; (ii) where hiring to perform the contracted out work is subject to appropriate skills testing, offer to test employees; (iii) extend job offers to employees who are qualified for available job opportunities with the contractor to perform the contracted out work; and (iv) where there are more qualified employees than the contractor has opportunities due to the contracted out work, extend job offers on the basis of seniority. (b) If, despite the good faith efforts of the Employer, the Employer has been unable to reach agreement on the above with the contractor, the Employer can still proceed with the contracting out with the contractor. (c) Employees who accept job offers with the contractor will be deemed to have resigned their employment with the Employer. Such employees who subsequently are terminated or who resign employment with the contractor, within twelve (12) months of the commencement of their employment with the contractor shall, on application to the Employer and subject to verification of their employment status with the Union shall discuss contractor, be placed on the availability of similar positions within recall list for a twelve (12) month period. Employees placed on the Department/Agency for which the laid-off employee is determined recall list pursuant to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit have seniority re-instated and be otherwise treated as though there has been no employment break. For greater clarity such employees shall be eligible for a severance payment if they resign or if they are not recalled to employment during the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor twelve (0312) or vendor employee (07)month recall period. Employees shall have one (1) year whose work is contracted out and do not receive a job offer from the date of notification to file contractor or who turn down a request for such credit. If job offer will be treated in accordance with the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisCollective Agreement.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. (a) The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth Employer will make reasonable efforts, where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, to obtain jobs with the contractor for employees whose work is to be contracted out. The Employer will have made reasonable efforts where the Employer has: (i) consulted with the Union shall at least three (3) months before the proposed date of implementation of the contracting out to discuss placement options for employees whose work is to be notified contracted out; (ii) included the plans and capacity of bidders for the hiring of employees whose work is to be contracted out, and the intended salary and benefits levels, as criteria in the tendering process to be applied in the evaluation of bids; (iii) consulted with the Union to give the Union an opportunity to put forward its views on how the Employer can try to obtain job opportunities for employees with the contractor; (iv) met with the successful bidder and sought to make it a term of the contract that the contractor must: (1) interview employees for available job opportunities with the contractor to perform the contracted out work; (2) where hiring to perform the contracted out work is subject to appropriate skills testing, offer to test employees; (3) extend job offers to employees who are qualified for available job opportunities with the contractor to perform the contracted out work; and (4) where there are more qualified employees than the contractor has opportunities due to the contracted out work, extend job offers on the basis of seniority. (b) If, despite the good faith efforts of the Employer, the Employer has been unable to reach agreement on the above with the contractor, the Employer can still proceed with the contracting out with the contractor. (c) Employees who accept job offers with the contractor will be deemed to have resigned their employment with the Employer. Such employees who subsequently are terminated or who resign employment with the contractor, within twelve (12) months of the commencement of their employment with the contractor shall, on application to the Employer and subject to verification of their employment status with the Union shall discuss contractor, be placed on the availability of similar positions within recall list for a twelve (12) month period. Employees placed on the Department/Agency for which the laid-off employee is determined recall list pursuant to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit have seniority re-instated and be otherwise treated as though there has been no employment break. For greater clarity such employees shall be eligible for a severance payment if they resign or if they are not recalled to employment during the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor twelve (0312) or vendor employee (07)month recall period. Employees shall have one (1) year whose work is contracted out and do not receive a job offer from the date of notification to file contractor or who turn down a request for such credit. If job offer will be treated in accordance with the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisCollective Agreement.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency Division covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency Division contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency Division for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis. Section 15.6 The parties agree to modify the below provision of the Master Labor Integration Agreement, page five

CONTRACTING OUT. Section 15.1 1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President of SEIU Local 509/Secretary of the NAGE Alliance and two four (4) persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2 In the event that the NAGE desires President of SEIU Local 509/Secretary of the Alliance who represent(s) the affected employees, desire(s) to discuss the purchase of services which are of the type currently being provided by employees within a departmentDepartment/agency Agency covered by this agreementAgreement, the National President of the NAGE that Principal(s) shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE SEIU Local 509 members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding fact -finding process. Section 15.3 3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. The Commonwealth will at all times comply with the provisions of Chapter 296 of the Acts of 1993. Section 15.4 4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided employees. To this end, the Commonwealth will provide to the union every six (6) months a report containing the name of each 03 contractor, the state agency that retains them, their work location, their pay levels and their work address. When the Commonwealth determines that the work performed by any 03 contractor is more properly the work of a state employee, it shall work with the affected state agency to resolve the situation. However, nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A.29A of the General Laws. Section 15.5 The Employer 5 Persons who, prior to appointment to a state position as a regular "employee" (01 or 02) had rendered service under the direct control of the Commonwealth under the same or similar conditions of employment as 01 or 02 employees and who had been paid out of the 03 or 07 subsidiary accounts shall, upon becoming an "employee", be entitled to have the time worked under said 03 or 07 account considered subject to existing rules only for the following purposes: A. for placement on the step system under Article 12 of the collective bargaining agreement; B. for determining "continuous service" solely as it relates to "vacation status" under Article 9; C. for determining the seniority of said person(s) for the purposes of Articles 14 and 18. Nothing herein shall notify be construed as authorizing or approving retroactive wages or other benefits prior to the date such persons are appointed to official state positions (01 or 02) as employees in writing at their time of hire bargaining units 8 and 10. It is agreed that they may request credit for prior employees wishing to have such service as a personal service contractor (03) or vendor employee (07). Employees counted shall have one (1) year from the date of notification to file submit a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisform supplied by the Commonwealth for that purpose and that subject to verification adjustments shall be made to salary and benefits.

CONTRACTING OUT. Section 15.1 There shall be (1) In keeping with a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President joint commitment of the NAGE Company and two persons designated by the Chief Human Resources Officer. Said Committee shall develop Union to provide as much maintenance and recommend repair work as possible to the Secretary regular maintenance work force and to minimize the use of A & F procedures and criteria governing contractors, the purchase Company will notify the Union of contracted services by the Commonwealth where such services are of a type traditionally its intention to have maintenance or repair work performed by bargaining unit employeescon tractors in the plant and will, emergencies excepted, afford the Union the opportunity to review it with the Company in Standing Committee prior to a final decision being made. Section 15.2 In (2) The Company will not bring a contractor into the event that the NAGE desires to discuss the purchase of services plant: (a) which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result directly results in the layoff of an employees; (b) to do the job of employees on layoff; or, (c) to do the job of a displaced employee who performs working outside his or her job category. (3) It is not the function that intent of the Company to replace its regular workforce through the use of contract firms. (1) The purpose of the program is contracted outto provided Tradesmen of the highest calibre from members within Local #16. (2) The program will cover training for Mechanics and Electricians as outlined in Section 9 of the current labour Agreement between Smurfit - MBI and the Pulp, Paper and Woodworkers of Canada Local 16. (3) The period of apprenticeship will be determined by the Apprenticeship Branch for each trade. (4) The first 6 months in the Maintenance Department shall be a probationary period. At any time during this period, the Union person may be removed from the department if considered not suitable. The Standing Committee may take exception to the management's action in this regard and shall be notified and privileged to present recommendations which will be considered by the Employer and management prior to final action by the Union management. In case of dispute, the action may be processed through the procedure laid out in Section 16 of the Labour Agreement. (5) Apprentices hired with previous training may be placed into the Training Program at a level deter mined by the Joint Apprenticeship Committee, with advice from the Apprenticeship Branch. (6) Under the Program, Apprentices will receive rates as per Section 9 of the Labour Agreement. The appren xxxx will receive the Journeyman's rate on successful completion of his apprenticeship or after successful completion of four (4) years, whichever happens sooner, only on the understanding that he completes his full term of training. If the Apprentice refuses to continue his training, he will be removed from the program with no standing as a Journeyman in his trade. (7) All provisions of the Labour Agreement shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to Apprentices in the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positionsprogram. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President of SEIU Local 509/Secretary of the NAGE Alliance and two four (4) persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2 In the event that the NAGE desires President of SEIU Local 509/Secretary of the Alliance who represent(s) the affected employees, desire(s) to discuss the purchase of services which are of the type currently being provided by employees within a departmentDepartment/agency Agency covered by this agreementAgreement, the National President of the NAGE that Principal(s) shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE SEIU Local 509 members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. The Commonwealth will at all times comply with the provisions of Chapter 296 of the Acts of 1993. Section 15.4 In 4 The parties agree that payroll arrangements such as the case use of 03 contracts with individualspersonal service contractors (“03”), the Committee shall review them to determine whether the work to be performed is long term in naturevendor employees (“07”), and whether it should temporary employees have appropriate uses in the Commonwealth’s total personnel management plan but that such arrangements are not appropriate for use as substitutes for regular state employees. The parties agree to work together during the life of this Agreement to more appropriately be performed by regular employees provided nothing in this Article shall limit the authority clearly identify those situations where such arrangements are being utilized inappropriately and to correct them, and to discuss other of the Secretary Union’s related interest in the vendor contracting system. Section 5 Persons who, prior to appointment to a state position as a regular "employee" (01 or 02) had rendered service under the direct control of A & F to promulgate rules the Commonwealth under the same or similar conditions of employment as 01 or 02 employees and regulations covering contracting who had been paid out of services pursuant the 03 or 07 subsidiary accounts shall, upon becoming an "employee", be entitled to Chapter 29, Section 29A.have the time worked under said 03 or 07 account considered subject to existing rules only for the following purposes: Section 15.5 A. for placement on the step system under Article 12 of the collective bargaining agreement; for determining "continuous service" solely as it relates to "vacation status" under Article 9; for determining the seniority of said person(s) for the purposes of Articles 14 and 18. Nothing herein shall be construed as authorizing or approving retroactive wages or other benefits prior to the date such persons are appointed to official state positions (01 or 02) as employees in bargaining units 8 and 10. It is agreed that employees wishing to have such service counted shall submit a request on a form supplied by the Commonwealth for that purpose and that subject to verification adjustments shall be made to salary and benefits. The Employer shall notify employees in writing at their time of hire hire, on a form agreed-to by the parties, that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There 37.1 The Employer reserves the right to contract out. 37.2 The Employer shall endeavour in all instances to do work with its own Employees and equipment. 37.3 Prior to contracting out work or services which are part of the core duties or responsibilities of any Employee (as stated in the job evaluation questionnaire) and subject to Article 37.5 (Emergency Situations), the Employer shall provide the Union with a minimum of forty-five (45) working days written notice and this notice shall include the true motivations for contracting out the work or services, the name and contact information of the decision maker, and all background information including an estimate of the cost of providing the work or service by its own workforce and the cost of contracting out such work or services (recognizing that the cost factor may not be a Special Labor the sole determinant in the decision to contract out). 37.3.1 Within two weeks of providing written notice, the Labour Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of convene a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires meeting to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President issue. The CAO shall be in attendance. 37.3.2 Within two weeks of the NAGE shall request meeting identified in writing Article 37.3.1, a second meeting of the Special Labor Labour Management Committee established in Section 1. The Committee shall examine both will be held with the cost effectiveness of such contracts relevant Managers/Directors and their impact on the career development of NAGE members. In Employee(s) who may be affected to discuss the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding processEmployer’s rationale for contracting out. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out37.4 At its option, the Union shall be notified given the opportunity to discuss the decision to contract out with the decision maker including the opportunity to speak on the matter at an open Council meeting. 37.5 The Union recognizes that in an emergency situation where it is impossible to give forty-five (45) working days written notice per Article 37.3, the President of the Local or designate and affected Employees shall be consulted as soon as possible. In an emergency situation the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positionsutilize its Employees where possible. Section 15.4 In 37.6 The Union agrees that the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering current contracting out of any work or services pursuant which are part of the core duties or responsibilities of any Employee may be continued to Chapter 29be contracted out until those third party contracts expire. 37.7 Where the Employer intends to renew or replace those third party contracts referred to in Article 37.6, Section 29A. Section 15.5 The Employer Articles 37.2, 37.3, and 37.4 shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisapply.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons pers ons designated by the National President of the NAGE and two persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding fact -finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being (a) Except as provided by employees within a department/agency covered by this agreementbelow, the National President of the NAGE Employer shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts not contract out work which will is normally and regularly performed by members of the bargaining unit when it could result in the layoff of an employee who performs the regular employees; or the failure, under Article 12.5(f) to offer such work on a casual basis to laid-off regular employees possessing the required skills, knowledge and ability. (b) The Employer shall have the right to contract out work when: (1) it has provided the Union representatives on the Contracting-Out Committee with not less than thirty (30) calendar days’ notice to allow for the discussion under Article 26(c)(4) to take place, in cases where the PNE Tech Services function or the Playland Tech Services function intends to contract out work, in non-emergency situations, that is not on the Historical Contracting-Out List; (2) it does not have the necessary equipment or facilities to perform the work; or (3) it does not have employees with the required skills, knowledge and ability to perform the work; or (4) an emergency occurs. (1) The above notwithstanding, the Employer may continue to contract out work which it has historically contracted out, the Union shall be notified and the . (2) The Employer and the Union shall discuss form a standing Contracting-Out Committee comprising up to three (3) representatives appointed by each side. It is understood that the availability of similar positions within the Department/Agency for which the laid-off employee is determined Committee may, from time to time by consensus agreement, involve other people to assist it in its deliberations. Committee meetings shall be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positionsheld at mutually agreeable times. Section 15.4 In the case (3) As its first order of 03 contracts with individualsbusiness, the Contracting-Out Committee shall review them all work (by nature and type – not necessarily by particular contracts), of the same nature and type that the Employer has historically contracted-out by the PNE Tech Services function and the Playland Tech Services function, in order to establish a comprehensive list of all such contracted work. This Historical List of contracts will serve as the basis for the administer Section 26(c)(1) going forward. (4) The Committee shall then discuss the intended contracting out to determine whether there are alternatives to contracting out the work in question and/or whether Article 26(b) would be violated, if the Employer proceeds with the contract. (i) When the Committee cannot agree whether the intended contract will violate Article 26(b) or whether the work in question should be put on the Historical List, the matter shall be referred, on an expedited basis to Xxxxx Xxxxxxxx, who shall serve as the parties’ Contracting-Out Referee (or, at the request of either party, to an alternate mutually agreeable Contracting-Out Referee agreed to by the parties). The Contracting- Out Referee shall make a without prejudice determination, on a case-by-case basis, as to whether 26(b) would be violated were the intended contract to proceed, or whether the work in question is to be performed placed on the Historical Contracting-Out List. (ii) If the Contracting-Out Committee or the Contracting-Out Referee determines that the intended contract would violate Article 26(b), the intended contract may not proceed. If that question is long term answered in naturethe negative, the Employer is free to proceed with the contract and whether in such eventuality the contract shall be added to the Historical List. (iii) If the Contracting-Out Referee determines that the work in question should be placed on the Historical Contracting-Out List, it should shall be added to the Historical List. (iv) In emergency situations, the Employer may proceed with the contract before notifying the Contracting-Out Committee, provided it does so as soon as possible after the fact, but not more appropriately be performed by regular employees provided nothing in this Article shall limit than five (5) calendar days. In such cases, the authority work of the Secretary of A & F Committee (including the Contracting-Out Referee process, if necessary) shall take place retrospectively in order to promulgate rules and regulations covering contracting out of services pursuant establish whether an emergency situation existed and/or whether Article 26(b) was violated. In such cases, the Contracting-Out Referee has jurisdiction to Chapter 29award such non-punitive damages as the Referee believes is appropriate in the circumstances, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire when the Referee finds that they may request credit for prior service as a personal service contractor (03) no emergency existed or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.that Article 26

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire hire, on a form agreed-to by the parties, that they may request credit for prior service as a personal service contractor (“03”) or vendor employee (“07”). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they he/she shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be Notwithstanding the foregoing, the hospital may contract out work usually performed by members of the bargaining unit without such contracting-out constituting a Special Labor Management Committee to advise breach of this provision if the Secretary of A & F on hospital provides in its commercial arrangement contracting out the work that the contractor to whom the work is being contracted, and any subsequent such contractor, agrees: (1) to employ the employees thus displaced from the hospital; and (2) in doing so to stand, with respect to that work, in place of personnel the hospital for the purposes of the hospital’s collective agreement with the Union, and to execute into an agreement with the Union to that effect. In order to ensure compliance with this provision, the hospital agrees that it will withdraw the work from any contractor who has failed to meet the aforesaid terms of the contracting-out agreement. This change ensured that should a hospital chose to contract out dietary services, for example, no employee could be laid off as a result and the employees affected would continue to enjoy the same terms and conditions of employment as if they were still governed by the relevant collective agreement. Therefore the lay of the land was clear for “post-1996" contracting-out situations but what about “pre-1996" contracting-out arrangements? We are dealing with the latter situation in the case before us, as the contracting-out arrangements with Aramark began in the 1980's. Counsel for the union pointed out that the largest grouping of pre-1996 contracts of the sort before us existed in the Ottawa area. The Committee shall consist terms and conditions of two persons designated employment of employees at these facilities were the subject of interest arbitration awards in which the common issue was whether the appropriate comparator for the employees of contractors was the terms and conditions negotiated centrally throughout the province or some lesser standard that would benefit the contractor at the expense of the employees. Counsel for the union walked us through these awards. The first was an award, Aramark at Xxxxxxxxx Xxxxxxx Health Centre and Cupe Local 4266U (December 20, 2001), which was issued by a Board chaired by Xxxxxx Xxxxx. Arbitrator Xxxxx in that award rejected the request by the National President union to elevate the terms and conditions of employment to a standard comparable to the hospital sector standard as a result of the NAGE Mitchnik award and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event concluded that the NAGE desires purpose of contracting out was to discuss reduce costs to hospitals by providing lesser terms and conditions of employment to employees. Counsel asked that we decline to follow this reasoning. Union counsel urged us to accept and adopt the purchase reasoning found in four awards that rejected the approach of services which are the type currently being provided by Foisy board to employees within a department/agency covered by this pre-1996 contracting out situations: Aramark Canada Facility Services Limited and Service Employees Union, Local 1, Runnymede Hospital (2004) Xxxxxxx, Aramark Canada Ltd. and CUPE, Montfort Hospital (2004) Xxxxxx, Aramark Canada Ltd. and CUPE, Local 4266-04, Xxxxxxxxx Xxxxxxx Health Centre of Sisters of Charity of Ottawa Health Services Inc. (2005) Xxxxxxxxxx and Aramark Canada Ltd. and CUPE, Xxxxx 0000, Xxxxxx Civic Hospital (2005) Xxxxx. In those decisions, it was concluded that the appropriate comparator group for the employees who were contract employees was directly employed hospital employees throughout the province performing like duties and receiving centrally negotiated wages and benefits. In response, counsel for the employer pointed out that Compass is not a publicly funded Hospital but a private-sector employer that must make a profit if it is to continue to exist. If Compass cannot provide an effective service, the Hospital can terminate the contract and look elsewhere. Counsel suggested that although Compass was under no obligation to recognize Cupe as the bargaining agent for the group of employees or to agree to adopt significant portions of the existing collective agreement, it has done so. Employer counsel questioned how the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their Mitchnik award could impact on the career development of NAGE memberssituation before us as the initial contracting out occurred long before the central language changed. In It was suggested by counsel for the event employer that there are fundamental principles which can be taken from the arbitration precedents which govern interest arbitration. These are: a) The Replication Principle Arbitrators strive to replicate the result that would have otherwise been achieved by the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding processthemselves. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 (a) In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within Company grants a department/agency covered by this agreementcontract and thereby creates a surplus situation, the National President of employees affected shall be subject to the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement procedures provided for surplus employees in the Committeepresent Article as well as Priority Placement under Article 38.06. Notwithstanding any restrictions under the present Article or Article 38.06 - Priority Placements, in assigning surplus employees to available positions, the parties agree to submit surplus employees, regardless of level or location, shall be offered any available positions at the matter to an expedited fact-finding processsame or lower level either locally, regionally or nationally. Authorized relocation expenses shall be borne by the Company under the NAV CANADA Joint Council Travel and Relocation Programs. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar (b) If no positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with are available, comparable positions. Section 15.4 In or if any employee refuses an assignment, he or she, regardless of length of service, shall remain eligible for the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such creditNAV CANADA Departure Incentive Program. If the employee fails refuses the program, he or she shall be laid off. (c) In the event the Company grants a contract and thereby directly causes a surplus situation, any affected employee with seven or more years’ seniority shall be offered the choice of one of the following two options: (i) The employee may elect to file a request within obtain the allotted one protections outlined in Article 42.16 (1a) yearand (b) of the collective agreement, they or (ii) When an Air Traffic Control (ATC) training opportunity is available, the employee may elect to pursue ATC training. In such event, the employee shall only be eligible granted an opportunity to receive creditable service undertake the normal pre-screening testing/interviews. If the employee is not successful, he or she shall be entitled to the protections outlined in article 42.16 of the collective agreement. If the employee successfully passes the pre-screening testing/interviews, he or she will be granted an opportunity to train for ATC positions at NAV CANADA’s expense. While in training, the employee shall retain his/her FSS rate of pay or the applicable CAW Local 5454/AI training rate, whichever is greater. An employee who opts for ATC training and who is unsuccessful in training shall have their employment terminated, effective the date the employee is “ceased trained” or withdraws from training. Any such unsuccessful employee shall have no recall rights and will be paid, on a prospective basisaccount of the NAV CANADA Departure Incentive, the amount (if any) by which the departure incentive that would otherwise have been payable to the employee exceeds the amount of salary paid to the employee while in training for ATC positions.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor special MOSES/Management Committee to advise the Secretary of A & F Administration and Finance on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President of the NAGE XXXXX and two four (4) persons designated by the Chief Human Resources Officer. Said Committee committee shall develop and recommend to the Secretary of A & F Administration and Finance procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees.. The Committee shall examine both cost effectiveness of such contracts and their impact on the career development of XXXXX members. In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature and whether it should more appropriately be performed by regular employees. If the Committee cannot reach an Agreement, the matter will be submitted to expedited fact-finding. Nothing in this Article shall limit the authority of the Secretary of Administration and Finance to promulgate rules and regulations covering contracting out of services pursuant to M.G.L. Chapter 29, Section 29A. Section 15.2 In the event that the NAGE XXXXX desires to discuss the purchase of services which are of the type currently being provided by employees within a department/agency covered by this agreementAgreement, the National President of the NAGE XXXXX shall request in writing a meeting of the Special Labor special MOSES/Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process15.1. Section 15.3 When a Departmentdepartment/Agency agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union XXXXX shall be notified and the Employer and the Union XXXXX shall discuss the availability of similar positions within the Departmentdepartment/Agency agency, for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Credit granted will be for vacation and longevity status determination only. Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis. See attached “03” Contract Time Form for employees to complete if they wish to file a request for such credit.

CONTRACTING OUT. Section 15.1 There shall be 1 Should it become necessary, a Special Labor Management Committee may be formed to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE NEPBA and two persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2 In the event that the NAGE NEPBA desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency the Department covered by this agreement, the National President of the NAGE NEPBA shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE NEPBA members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 3 When a Department/Agency the Department contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency Department for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long long-term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.29A. CLASSIFICATION AND RE-CLASSIFICATION

CONTRACTING OUT. Section 15.1 1. There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President Chairman of the NAGE Alliance and two four (4) persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2. In the event that the NAGE desires Principal(s) of the Alliance who represent(s) the affected employees, desire(s) to discuss the purchase of services which are of the type currently being provided by employees within a departmentDepartment/agency Agency covered by this agreementAgreement, the National President of the NAGE that Principal(s) shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE Alliance members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 3. When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions.which Section 15.4 4. In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 5. The Employer shall notify employees in writing at their time of hire hire, on a form agreed-to by the parties, that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they he/she shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall The Employer’s interest is to use members of the bargaining unit to perform its work where they are able to perform it well and effectively. 33.1 The Union acknowledges that the Employer, in the ordinary course of its work, has been able to and must continue to be a Special Labor Management Committee able to advise retain consultants and other professionals to support its work and the Secretary effective discharge of A & F on contracting out of personnel servicesits legislated mandate. The Committee shall consist of two persons designated Union acknowledges that the Employer may continue to do this based on the following criteria: 1. for contracts which are less than one year in duration; and 2. when work to be done by the National President of the NAGE and two persons designated by the Chief Human Resources Officer. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type contractor(s) • has not been traditionally performed done by bargaining unit employees. Section 15.2 In Employees OR, • has traditionally been done by both bargaining unit Employees and external contractors. (examples include speech writing, IT services) and, • is not of an ongoing nature The Employer agrees to provide the event that Union with a list of all contracts which meet the NAGE desires to discuss above criteria. This list will be produced at the purchase end of services which are each quarter. If the type currently being provided by employees within Union has a department/agency covered by this agreement, the National President concern with one or more of the NAGE shall contracts they may request in writing a additional information from the Employer. The Employer will meet with and provide the relevant information within one week. If the Union is not satisfied with the information and rationale provided they may table the issue at the next meeting of the Special Labor Joint Union-Management Committee established Committee. 33.2 For all contracts that do not meet the above criteria, the Employer will meet with and consult with the Union prior to contracting work out or in Section 1and will provide the Union with its rationale and business case for doing so. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event Contracts which are extended so that the parties fail total period exceeds one year will be treated as contracts of greater than one year as below. All decisions to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 When a Department/Agency contracts contract out work which will result be made in accordance with a balance of the layoff following criteria as applicable to the work: • reliability of an employee who performs service to the function that is contracted outstakeholder, • employment continuity, • career opportunities, • ability to perform work, • availability of resources, • cost, • timeliness, • quality, • need for control over results, • health and safety. If after this meeting the Union wishes to challenge the Employer’s decision, the Union must, within one week, refer the issue to mediation/arbitration before Xxxxxxx Xxxxxx on an expedited basis. The Arbitrator shall be notified assist the parties to resolve all issues of application and the Employer and the Union shall discuss the availability interpretation of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit with the power and authority of an arbitrator under the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basisOntario Labour Relations Act.

CONTRACTING OUT. Section 15.1 1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two four (4) persons designated by the National President of SEIU Local 509/Secretary of the NAGE Alliance and two four (4) persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 2 In the event that the NAGE desires President of SEIU Local 509/Secretary of the Alliance who represent(s) the affected employees, desire(s) to discuss the purchase of services which are of the type currently being provided by employees within a departmentDepartment/agency Agency covered by this agreementAgreement, the National President of the NAGE that Principal(s) shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE SEIU Local 509 members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding process. Section 15.3 3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. The Commonwealth will at all times comply with the provisions of Chapter 296 of the Acts of 1993. Section 15.4 In 4 The parties agree that payroll arrangements such as the case use of 03 contracts with individualspersonal service contractors (“03”), the Committee shall review them to determine whether the work to be performed is long term in naturevendor employees (“07”), and whether it should temporary employees have appropriate uses in the Commonwealth’s total personnel management plan but that such arrangements are not appropriate for use as substitutes for regular state employees. The parties agree to work together during the life of this Agreement to more appropriately be performed by regular employees provided nothing in this Article shall limit the authority clearly identify those situations where such arrangements are being utilized inappropriately and to correct them, and to discuss other of the Secretary Union’s related interest in the vendor contracting system. Section 5 Persons who, prior to appointment to a state position as a regular "employee" (01 or 02) had rendered service under the direct control of A & F to promulgate rules the Commonwealth under the same or similar conditions of employment as 01 or 02 employees and regulations covering contracting who had been paid out of services pursuant the 03 or 07 subsidiary accounts shall, upon becoming an "employee", be entitled to Chapter 29, Section 29A.have the time worked under said 03 or 07 account considered subject to existing rules only for the following purposes: Section 15.5 A. for placement on the step system under Article 12 of the collective bargaining agreement; for determining "continuous service" solely as it relates to "vacation status" under Article 9; for determining the seniority of said person(s) for the purposes of Articles 14 and 18. Nothing herein shall be construed as authorizing or approving retroactive wages or other benefits prior to the date such persons are appointed to official state positions (01 or 02) as employees in bargaining units 8 and 10. It is agreed that employees wishing to have such service counted shall submit a request on a form supplied by the Commonwealth for that purpose and that subject to verification adjustments shall be made to salary and benefits. The Employer shall notify employees in writing at their time of hire hire, on a form agreed-to by the parties, that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.

CONTRACTING OUT. Section 15.1 There shall be a Special Labor Management Committee to advise the Secretary of A & F on contracting out of personnel services. The Committee shall consist of two persons designated by the National President of the NAGE and two persons designated by the Chief Human Resources OfficerPersonnel Administrator. Said Committee shall develop and recommend to the Secretary of A & F procedures and criteria governing the purchase of contracted services by the Commonwealth where such services are of a type traditionally performed by bargaining unit employees. Section 15.2 In the event that the NAGE desires to discuss the purchase of services which are the type currently being provided by employees within a department/agency covered by this agreement, the National President of the NAGE shall request in writing a meeting of the Special Labor Management Committee established in Section 1. The Committee shall examine both the cost effectiveness of such contracts and their impact on the career development of NAGE members. In the event that the parties fail to reach an agreement in the Committee, the parties agree to submit the matter to an expedited fact-finding fact -finding process. Section 15.3 When a Department/Agency contracts out work which will result in the layoff of an employee who performs the function that is contracted out, the Union shall be notified and the Employer and the Union shall discuss the availability of similar positions within the Department/Agency for which the laid-off employee is determined to be qualified and the availability of any training programs which may be applicable to the employee. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available, comparable positions. Section 15.4 In the case of 03 contracts with individuals, the Committee shall review them to determine whether the work to be performed is long term in nature, and whether it should more appropriately be performed by regular employees provided nothing in this Article shall limit the authority of the Secretary of A & F to promulgate rules and regulations covering contracting out of services pursuant to Chapter 29, Section 29A. Section 15.5 The Employer shall notify employees in writing at their time of hire that they may request credit for prior service as a personal service contractor (03) or vendor employee (07). Employees shall have one (1) year from the date of notification to file a request for such credit. If the employee fails to file a request within the allotted one (1) year, they shall only be eligible to receive creditable service on a prospective basis.