Common use of PRESERVATION OF BARGAINING UNIT WORK Clause in Contracts

PRESERVATION OF BARGAINING UNIT WORK. Section 1. It is the Commonwealth’s intent to utilize Master Agreement employees to perform bargaining unit work to the fullest extent feasible, subject to the criteria of Sections 3.b and 4.b. Section 2. The provisions of Sections 2 through 7 of this Article shall apply only to Master Agreement bargaining unit work performed on July 1, 1996 by employees in rank and file units represented by AFSCME in the particular agency affected. Section 3. a. Except as provided in Section 9, the Employer shall not contract/assign Master Agreement bargaining unit work included within the scope of Section 2 to independent contractors, consultants or other non-Master Agreement bargaining unit state employees where (1) such contract/assignment would result in the layoff or downgrading of an employee, or (2) such contract/assignment would prevent the return to work of an available, competent employee, or (3) the duration of the work to be performed under the contract/assignment is expected to be more than 12 consecutive months, or (4) the work is performed on an annually recurring basis; except for the reasons set forth in Subsection b.