Supervisory Employees For the purposes of this Article, the parties agree that Supervisory positions are those that are not excluded under Article 2.0 above and that satisfy the following criteria:
a) Employees on Salary Schedule 01 who under Plan A "Nature of Supervision" have either Degree 3 (or higher) or its equivalent;
b) Employees on Schedules 02 or 03 on condition they normally supervise other employees.
Auxiliary Employees
(a) An auxiliary employee shall receive a letter of appointment clearly stating their employment status and expected duration of employment.
(b) Auxiliary employees who have worked 1827 hours in 33 pay periods and who are employed for work which is of a continuous full-time or continuous part-time nature, shall be converted to regular status effective the beginning of the month following the month in which they attain the required hours.
(c) For the purposes of (b) above and Clauses 31.6—Application of Agreement, 31.9—Medical, Dental and Group Life Insurance, 31.11—Annual Vacations and 31.12—Eligibility Requirements for Benefits, hours worked shall include:
(1) hours worked at the straight-time rate;
(2) hours compensated in accordance with Clause 31.10—Designated Paid Holidays;
(3) hours that a seniority rated auxiliary employee cannot work because they are on a recognized WCB claim arising from their employment with the government to a maximum of 420 hours of missed work opportunity within 14 calendar weeks from the beginning of the claim;
(4) annual vacation pursuant to Clause 31.11(d)—Annual Vacations;
(5) compensatory time off provided the employee has worked 1827 hours in 33 pay periods;
(6) missed work opportunities during leaves pursuant to Clause 2.10
(a) Time Off for Union Business—Without pay, except that during the first 33 pay periods of employment such credit shall be limited to 105 hours;
(7) leaves pursuant to Clause 2.10(b)—Time Off for Union Business—With pay; Notwithstanding (3) above, an auxiliary employee eligible for conversion to regular status shall not be converted until the employee has returned to active employment for 140 hours. The effective date of such conversion shall be the first of the month following the date on which eligibility for conversion occurs.
(d) For the purposes of (b) above and Clauses 31.6—Application of Agreement, 31.9—Medical, Dental and Group Life Insurance, 31.11—Annual Vacations and 31.12—Eligibility Requirements for Benefits, hours beyond the 420 hours in (c)(3) above, that an auxiliary employee cannot work because they are on a recognized WCB claim arising from their employment with the government are not added to the 1827 or 1200 hours nor are the days charged against the 33 or 26 pay periods.
LABOR/MANAGEMENT COMMITTEES A. Statewide
TRAINING AND EMPLOYEE DEVELOPMENT 9.1 The Employer and the Union recognize the value and benefit of education and training designed to enhance an employee’s ability to perform their job duties. Training and employee development opportunities will be provided to employees in accordance with Employer policies and available resources.
9.2 Attendance at employer-required training will be considered time worked. The Employer will make reasonable attempts to schedule employer-required training during an employee’s regular work shift. The Employer will pay the registration and associated travel costs in accordance with Article 23, Travel, for employer-required training.
Labour Management Relations Committee In recognition of the mutual benefits of open communications and on-going consultation between the faculty and the employer, the Labour/Management Relations Committee will meet on a regular basis and have equal representation for the Union and the Employer. The LMRC will serve as an open forum for the free and candid discussion of matters of mutual concern to faculty members and management.
Probationary Employees 10.01 A new employee shall not be regarded as a permanent employee until completion of a probationary period of six (6) months consisting of a minimum of one hundred and twenty-six (126) days worked. The probationary period may be extended by mutual agreement between the Union and the Company.
10.02 In addition to the right of the Company to discharge a probationary employee for just cause the Company may discharge such employee at any time during the probationary period for failing to meet the standards set by the Company. An employee may be considered to have failed to meet such standards if the employee:
(a) has been interviewed by the Supervisor/Manager and been told that the work performance is unsatisfactory, and
(b) has been given notice in writing that within a specified and reasonable period of time work performance must show improvement, and
(c) work performance continues to be unsatisfactory after such specified time. A copy of the notice referred to in (b) above shall be given to the Union. A probationary employee who has been discharged for failing to meet the standards shall be advised in writing by the Department Supervisor or Manager, the reasons for such dismissal and the Union shall be copied.
(a) A probationary employee shall not accrue seniority until the probationary period has been completed, at which time seniority shall be back dated to the commencement of the probationary period.
(b) Notwithstanding the provisions of Clause 10.02, in the event a probationary employee has been displaced by a permanent employee exercising her bumping rights or in the event a probationary employee's position is declared redundant prior to such probationary employee establishing seniority pursuant to Clause 10.03
(a) the probationary employee shall be terminated. In such event the provisions of Article 17 of this Agreement shall not be applicable to the termination of the probationary employee.
10.04 Except as provided in Clause 10.03(b) the provisions of Article 17 shall be applicable to an employee during her probationary period.
10.05 Employees will not be able to bid within the same classification during their six (6) month probationary period. Should an employee be awarded a vacancy in a different classification during this probationary period, she may carry a maximum of three (3) months service credit toward the probationary period in the new classification.
10.06 The Company and the Union agree that the preparation and discussion of written progress reports during an employee's probationary period is essential.
10.07 New employees will only become eligible for benefits upon the successful completion of their probationary period and after having completed six (6) complete months of service.
Employees and Subcontractors It is understood that, from time to time, it may become necessary for the Contractor to replace an individual working as an employee or subcontractor of the Contractor. All such removals or replacements shall be subject to Owner’s prior approval. Owner reserves the right to approve a replacement, which approval shall not be unreasonably withheld, or terminate the Work, either partially or in its entirety without further obligation to the Contractor thereunder other than to remit payment for the Work rendered up to the termination date. Contractor agrees that Owner may, at any time, with cause, require Contractor to remove an individual from the performance of the Work. An election by Owner of any of its rights under this Section 19 shall not affect the Contractor’s responsibilities, liabilities or warranties under this Agreement.
Contractor’s Employees and Subcontractors (a) Contractor shall only disclose PII to Contractor’s employees and subcontractors who need to know the PII in order to provide the Services and the disclosure of PII shall be limited to the extent necessary to provide such Services. Contractor shall ensure that all such employees and subcontractors comply with the terms of this DPA.
(b) Contractor must ensure that each subcontractor performing functions pursuant to the Service Agreement where the subcontractor will receive or have access to PII is contractually bound by a written agreement that includes confidentiality and data security obligations equivalent to, consistent with, and no less protective than, those found in this DPA.
(c) Contractor shall examine the data security and privacy measures of its subcontractors prior to utilizing the subcontractor. If at any point a subcontractor fails to materially comply with the requirements of this DPA, Contractor shall: notify the EA and remove such subcontractor’s access to PII; and, as applicable, retrieve all PII received or stored by such subcontractor and/or ensure that PII has been securely deleted and destroyed in accordance with this DPA. In the event there is an incident in which the subcontractor compromises PII, Contractor shall follow the Data Breach reporting requirements set forth herein.
(d) Contractor shall take full responsibility for the acts and omissions of its employees and subcontractors.
(e) Contractor must not disclose PII to any other party unless such disclosure is required by statute, court order or subpoena, and the Contractor makes a reasonable effort to notify the EA of the court order or subpoena in advance of compliance but in any case, provides notice to the EA no later than the time the PII is disclosed, unless such disclosure to the EA is expressly prohibited by the statute, court order or subpoena.
Contractor’s Project Manager and Key Personnel Contractor shall appoint a Project Manager to direct the Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County’s Project Manager, which consent shall not be unreasonably withheld. The Contractor’s Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager from providing services to the County under this Contract. The County’s Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within five (5) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.
LABOR MANAGEMENT COMMITTEE Section 1. In order to facilitate communication between labor and management, a Labor Management Committee consisting of the Department Head and/or his designated alternate, the Assistant Chief of Police and two (2) Team Managers, and three (3) representatives of the Lincoln Police Union, along with at least one (1) Team Representative, will make up the Labor Management Committee. The Department Head will designate management personnel and the Union shall select Union representatives. Members will serve at the pleasure of the Department Head or Union President, depending upon who the member represents. Members will serve and be replaced on a staggered system (approximately three (3) year limit) depending upon the schedule agreed upon by the Department Head and the Union President.
Section 2. Each Team area will be represented by a member of any rank to serve as spokesperson for that area. They will meet at least one week prior to the monthly Labor Management Committee meeting to formulate the common areas of interest and to elect a spokesperson to present the items in writing to the Labor Management Committee. Payment for attending this meeting will be at the discretion of the Department Head. Spokesperson will be chosen on a rotating basis. Team representatives will be picked by a vote of the Team members that they are representing.
Section 3. The Labor Management Committee may discuss any area of the Department, with limitation only on those areas already under agreement between the City and the Union. The agenda will be based on the problem areas brought to the attention of the Committee by the Team Representatives and on any area representative members of Labor Management feel need to be discussed. Topics for discussion will be posted on the Union bulletin board and disseminated to Labor Management Committee members at least one (1) week prior to the monthly meeting.
Section 4. Membership is subject to change through attrition and elected office, however, a one (1) week notice must be given to the Committee to afford the new member(s) voting privileges.
Section 5. Realizing that communication is the key element to the smooth operation of any organization, the Labor Management Committee will xxxxxx an element of cooperation and unity of organizational members, be they labor or management.
Section 6. Meetings shall be held at least once per calendar month. Additional meetings may be scheduled by mutual agreement of the Committee and the Department Head.
Section 7. A quorum shall consist of two (2) members from labor and two (2) members from management.
