Common use of PRESERVATION OF BARGAINING UNIT WORK Clause in Contracts

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The Employer shall not assign bargaining unit work to independent contractors, consultants or other non-bargaining unit state employees where such assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 2. The Employer shall not assign bargaining unit work which becomes available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an employee to independent contractors, consultants or other non-bargaining unit state employees except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 3. This Agreement will not be construed so as to prevent managerial, supervisory or other non-LLEO bargaining unit state employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry out the functions and programs of the Employer or maintain the Employer's standard of service. Section 4. The Employer shall provide the Association with as much advance notice as possible of a proposed assignment of bargaining unit work outside the bargaining unit. Section 5. At each site where a proposed contract/assignment is to occur, a local labor/management committee shall meet and discuss over the reasons for the assignment. At this time the Employer shall provide to the Association all information it has to support a claim of reasonable cost saving or improved service. The Association shall have the opportunity to provide alternative methods to attaining the Employer's desired result. In the event that the parties at the local level are unable to resolve the issue, the contract or the assignment made may be implemented and the matter shall be referred to a committee comprised of the Association, the Agency and the Office of Administration. Should the parties be unable to resolve the issue, the Association shall notify the Office of Administration in writing of its intent to submit the matter to the grievance procedure.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The Employer shall may contract out such work as it deems necessary, provided the reasons are not assign bargaining unit work to independent contractorsarbitrary or capricious, consultants nor in conflict with existing statutes, rules or other non-bargaining unit state employees where such assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of serviceregulations. Section 2. The In those cases where the Employer shall not assign is considering entering into a new contract or renewing or modifying an existing contract which may have or which has had an adverse impact on bargaining unit work which becomes available as a result jobs, including limiting the growth of a retirement, resignation, termination, promotion, demotion or reassignment the number of an employee to independent contractors, consultants or other non-bargaining unit state employees except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 3. This Agreement will not be construed so as to prevent managerialjobs, supervisory or other non-LLEO bargaining unit state employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry out the functions and programs of the Employer or maintain the Employer's standard of service. Section 4. The Employer shall provide the Association with as much advance notice as possible possible. Prior to executing any such new contract or renewal or modification of a proposed assignment an existing contract as described above, the Employer, upon request of bargaining unit work outside the bargaining unit. Section 5. At each site where a proposed contract/assignment is Association, agrees to occur, a local labor/management committee shall meet and discuss over bargain with the Association concerning the reasons for such contract and concerning the assignment. At this time impact on the Employer shall provide bargaining unit of the proposed contract or renewal or modification of an existing contract, subject to the Association all information it has Association’s right to support a claim submit unresolved disputes to the grievance and arbitration procedures of reasonable cost saving or improved service. The Association shall have the opportunity to provide alternative methods to attaining the Employer's desired resultthis Agreement. In the event an agreement is not reached as a result of bargaining under this Article, the Employer shall be free to execute the proposed contract or to renew or modify an existing contract. Section 3. The parties agree that the parties at the local level are unable to resolve the issueBureau of Correction Education, the contract or the assignment made may be implemented and the matter Association will design a program to coordinate the use of volunteer teachers, inmate teachers and inmate tutors at each institution. The use of volunteer teachers, inmate teachers and inmate tutors to assist the work force will not cause the lay-off of an employee or prevent the filling of a budgeted, available, vacancy. Except for one on one inmate literacy tutoring programs, volunteer teachers, inmate teachers and inmate tutors shall be referred to work under the direction of a committee comprised of the Association, the Agency classroom teacher for instructional purposes. Section 4. The Employer and the Office Association acknowledge the above represents the results of Administration. Should negotiations conducted under and in accordance with the parties be unable to resolve Public Employe Relations Act and constitutes the issue, full and complete understanding regarding the Association shall notify the Office issues of Administration in writing of its intent to submit the matter to the grievance procedurecontracting out bargaining unit work.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The Employer shall may contract out such work as it deems necessary, provided the reasons are not assign bargaining unit work to independent contractorsarbitrary or capricious, consultants nor in conflict with existing statutes, rules or other non-bargaining unit state employees where such assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of serviceregulations. Section 2. The In those cases where the Employer is considering entering into a new contract or renewing or modifying an existing contract which may have or which has had an adverse impact on bargaining unit jobs, including limiting the growth of the number of bargaining unit jobs, the Employer shall not assign provide the Association with as much advance notice as possible. Prior to executing any such new contract or renewal or modification of an existing contract as described above, the Employer, upon request of the Association, agrees to bargain with the Association concerning the reasons for such contract and concerning the impact on the bargaining unit work which becomes available of the proposed contract or renewal or modification of an existing contract, subject to the Association's right to submit unresolved disputes to the grievance and arbitration procedures of this Agreement. In the event an agreement is not reached as a result of a retirementbargaining under this Article, resignation, termination, promotion, demotion the Employer shall be free to execute the proposed contract or reassignment to renew or modify an existing contract pending the decision of an employee to independent contractors, consultants or other non-bargaining unit state employees except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of servicethe arbitrator which shall be final and binding on the parties. Section 3. This Agreement will not be construed so as to prevent managerial, supervisory the Vocational Rehabilitation Education Director or other non-LLEO bargaining unit state employees Vocational Rehabilitation Instructor Supervisors from performing bargaining unit work for provided the purpose employee is qualified to perform the work and provided that the assignment is consistent with organizational and operational requirements and provided that the assignment does not result in the layoff or prevent the return to work of instructionan available, illustration, lending an occasional hand or in emergency situations to carry out the functions and programs of the Employer or maintain the Employer's standard of servicecompetent bargaining unit employee. Section 4. The Employer shall provide and the Association acknowledge the above represents the results of negotiations conducted under and in accordance with as much advance notice as possible the Public Employe Relations Act and constitutes the full and complete understanding regarding the issues of a proposed assignment of contracting out bargaining unit work outside the bargaining unitwork. Section 5. At each site where a proposed contract/assignment is to occur, a local labor/management committee shall meet and discuss over the reasons for the assignment. At this time the Employer shall provide to the Association all information it has to support a claim of reasonable cost saving or improved service. The Association shall have the opportunity to provide alternative methods to attaining the Employer's desired result. In the event that the parties at the local level are unable to resolve the issue, the contract or the assignment made may be implemented and the matter shall be referred to a committee comprised of the Association, the Agency and the Office of Administration. Should the parties be unable to resolve the issue, the Association shall notify the Office of Administration in writing of its intent to submit the matter to the grievance procedure.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The Employer shall not assign bargaining unit may contract out such work to independent contractorsas it deems necessary, consultants or other non-bargaining unit state employees where such assignment would result in provided the layoff or downgrading of an employee or prevent the return to work of an available, competent employee except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service.reasons Section 2. The In those cases where the Employer is considering entering into a new contract or renewing or modifying an existing contract which may have or which has had an adverse impact on bargaining unit jobs, including limiting the growth of the number of bargaining unit jobs, the Employer shall not assign provide the Association with as much advance notice as possible. Prior to executing any such new contract or renewal or modification of an existing contract as described above, the Employer, upon request of the Association, agrees to bargain with the Association concerning the reasons for such contract and concerning the impact on the bargaining unit work which becomes available of the proposed contract or renewal or modification of an existing contract, subject to the Association's right to submit unresolved disputes to the grievance and arbitration procedures of this Agreement. In the event an agreement is not reached as a result of a retirementbargaining under this Article, resignation, termination, promotion, demotion the Employer shall be free to execute the proposed contract or reassignment to renew or modify an existing contract pending the decision of an employee to independent contractors, consultants or other non-bargaining unit state employees except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of servicethe arbitrator which shall be final and binding on theparties. Section 3. This Agreement will not be construed so as to prevent managerial, supervisory the Vocational Rehabilitation Education Director or other non-LLEO bargaining unit state employees Vocational Rehabilitation Instructor Supervisors from performing bargaining unit work for provided the purpose employee is qualified to perform the work and provided that the assignment is consistent with organizational and operational requirements and provided that the assignment does not result in the layoff or prevent the return to work of instructionan available, illustration, lending an occasional hand or in emergency situations to carry out the functions and programs of the Employer or maintain the Employer's standard of servicecompetent bargaining unit employee. Section 4. The Employer shall provide and the Association acknowledge the above represents the results of negotiations conducted under and in accordance with as much advance notice as possible the Public Employe Relations Act and constitutes the full and complete understanding regarding the issues of a proposed assignment of contracting out bargaining unit work outside the bargaining unitwork. Section 5. At each site where a proposed contract/assignment is to occur, a local labor/management committee shall meet and discuss over the reasons for the assignment. At this time the Employer shall provide to the Association all information it has to support a claim of reasonable cost saving or improved service. The Association shall have the opportunity to provide alternative methods to attaining the Employer's desired result. In the event that the parties at the local level are unable to resolve the issue, the contract or the assignment made may be implemented and the matter shall be referred to a committee comprised of the Association, the Agency and the Office of Administration. Should the parties be unable to resolve the issue, the Association shall notify the Office of Administration in writing of its intent to submit the matter to the grievance procedure.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The Employer shall may contract out such work as it deems necessary, provided the reasons are not assign bargaining unit work to independent contractorsarbitrary or capricious, consultants nor in conflict with existing statutes, rules or other non-bargaining unit state employees where such assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of serviceregulations. Section 2. The In those cases where the Employer shall not assign is considering entering into a new contract or renewing or modifying an existing contract which may have or which has had an adverse impact on bargaining unit work which becomes available as a result jobs, including limiting the growth of a retirement, resignation, termination, promotion, demotion or reassignment the number of an employee to independent contractors, consultants or other non-bargaining unit state employees except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 3. This Agreement will not be construed so as to prevent managerialjobs, supervisory or other non-LLEO bargaining unit state employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry out the functions and programs of the Employer or maintain the Employer's standard of service. Section 4. The Employer shall provide the Association with as much advance notice as possible possible. Prior to executing any such new contract or renewal or modification of a proposed assignment an existing contract as described above, the Employer, upon request of bargaining unit work outside the bargaining unit. Section 5. At each site where a proposed contract/assignment is Association, agrees to occur, a local labor/management committee shall meet and discuss over bargain with the Association concerning the reasons for such contract and concerning the assignment. At this time impact on the Employer shall provide bargaining unit of the proposed contract or renewal or modification of an existing contract, subject to the Association all information it has Association’s right to support a claim submit unresolved disputes to the grievance and arbitration procedures of reasonable cost saving or improved service. The Association shall have the opportunity to provide alternative methods to attaining the Employer's desired resultthis Agreement. In the event an agreement is not reached as a result of bargaining under this Article, the Employer shall be free to execute the proposed contract or to renew or modify an existing contract. Section 3. The parties agree that the parties at the local level are unable to resolve the issueDivision of Correction Education, the contract or the assignment made may be implemented and the matter Association will design a program to coordinate the use of volunteer teachers, inmate teachers and inmate tutors at each institution. The use of volunteer teachers, inmate teachers and inmate tutors to assist the work force will not cause the lay-off of an employee or prevent the filling of a budgeted, available, vacancy. Except for one on one inmate literacy tutoring programs, volunteer teachers, inmate teachers and inmate tutors shall be referred to work under the direction of a committee comprised of the Association, the Agency classroom teacher for instructional purposes. Section 4. The Employer and the Office Association acknowledge the above represents the results of Administration. Should negotiations conducted under and in accordance with the parties be unable to resolve Public Employe Relations Act and constitutes the issue, full and complete understanding regarding the Association shall notify the Office issues of Administration in writing of its intent to submit the matter to the grievance procedurecontracting out bargaining unit work.