Common use of Emergency or Special Observations Clause in Contracts

Emergency or Special Observations. 1. Whenever the Governor may declare a special emergency or observation of an event of State or national concern and authorizes time off to employees of the State for the observation of such event, those employees covered by this Agreement who are required to work during the period of the authorized time off shall be compensated for such hours worked as outlined in this Agreement, or as otherwise authorized by the Governor. 2. Procedure for Challenging Designation of Employees as Essential at 24/7 and non-24/7 facilities a. Each department and agency shall annually review its designation of essential employees and update its roster of such employees. Within sixty (60) days of ratification and on or before October 1 of each year thereafter, employees who have a change of designation of their essential status will receive notice of such designation and the Union shall receive a list of all unit employees designated as essential, broken out by department and division, and a copy of the department or agency Essential Employee Attendance Plan. The Essential Employee Attendance Plan shall include the responsibilities, requirements, and expectations of such employees in the event that a period of inclement weather or other adverse situation requires the curtailment of State operations or services. The parties agree that the Essential Employee Attendance Plan’s designation of responsibilities, requirements and expectations is not subject to binding arbitration. b. Employees who are designated essential will have an indication of such status on their ID card. c. Within sixty (60) days of receiving a list of essential employees, the Union may file a written challenge to the designation of an employee as essential, stating the reasons for the challenge. The Union’s dispute shall initially be heard by the department under Step 2 of the grievance article of this Agreement. This does not preclude the parties from attempting to resolve the matter informally. d. In the event that the matter has not been satisfactorily resolved at the departmental level, the Union may, within thirty (30) days of the department’s decision, appeal the disputed issue as a non-arbitrable grievance for determination by the Director of the Office of Employee Relations (OER), or his/her designee. Within thirty (30) days of OER receiving a challenge from the Union, the Union and OER shall meet to resolve the dispute. If not resolved, the Director of OER or designee shall render a determination within thirty (30) days of the meeting. e. Within thirty (30) days from ratification of the MOA, the parties shall agree to a third party neutral to hear an appeal by CWA from the OER Director’s decision. The third party neutral may be a State administrative agency, such as the Civil Service Commission, or another third party neutral agreed to by the parties.

Emergency or Special Observations. 1. Whenever the Governor may declare a special emergency or observation of an event of State or national concern and authorizes time off to employees of the State for the observation of such event, those employees covered by this Agreement who are required to work during the period of the authorized time off shall be compensated for such hours worked as outlined in this Agreement, or as otherwise authorized by the Governor. 2. Procedure for Challenging Designation of Employees as Essential at 24/7 and non-24/7 facilities a. Each department and agency shall annually review its designation of essential employees and update its roster of such employees. Within sixty (60) days of ratification and on or before October 1 of each year thereafter, employees who have a change of designation of their essential status will receive notice of such designation and the Union shall receive a list of all unit employees designated as essential, broken out by department and division, and a copy of the department or agency Essential Employee Attendance Plan. The Essential Employee Attendance Plan shall include the responsibilities, requirements, and expectations of such employees in the event that a period of inclement weather or other adverse situation requires the curtailment of State operations or services. The parties agree that the Essential Employee Attendance Plan’s designation of responsibilities, requirements and expectations is not subject to binding arbitration. b. Employees who are designated essential will have an indication of such status on their ID card. c. Within sixty (60) days of receiving a list of essential employees, the Union may file a written challenge to the designation of an employee as essential, stating the reasons for the challenge. The Union’s dispute shall initially be heard by the department under Step 2 of the grievance article of this Agreement. This does not preclude the parties from attempting to resolve the matter informally. d. In the event that the matter has not been satisfactorily resolved at the departmental level, the Union may, within thirty (30) days of the department’s decision, appeal the disputed issue as a non-arbitrable grievance for determination by the Director of the Office of Employee Relations (OER), or his/her designee. Within thirty (30) days of OER receiving a challenge from the Union, the Union and OER shall meet to resolve the dispute. If not resolved, the Director of OER or designee shall render a determination within thirty (30) days of the meeting. e. Within thirty (30) days from ratification of the MOA, the parties shall agree to a third party neutral to hear an appeal by CWA from the OER Director’s decision. The third third-party neutral may be a State administrative agency, such as the Civil Service Commission, or another third party neutral agreed to by the parties.