Common use of PRESERVATION OF BARGAINING UNIT WORK Clause in Contracts

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The provisions of Sections 1 through 6 of this Article shall apply only to bargaining unit work performed on July 1, 1996 by officers in the rank and file unit formerly represented by AFSCME and currently by the FOP in the Fish and Boat Commission. a. Except as provided in Section 7, the Employer shall not contract/assign bargaining unit work included in the scope of Section 1 to independent contractors, consultants or other non-bargaining unit state employees where (1) such contract/assignment would result in the layoff or downgrading of an officer 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. b. The Employer may contract/assign bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) or where there are insufficient numbers of available, competent officers on layoff on the applicable recall list within the commission to perform the required work. Section 3. a. Except as provided in Section 7, the Employer shall not contract/assign bargaining unit work included within the scope of Section 1 which becomes available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an officer to independent contractors, consultants or other non-bargaining unit state employees except for the reasons set forth in Subsection b.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The provisions of Sections 1 through 6 of this Article shall apply only to Master Agreement bargaining unit work performed on July 1, 1996 by officers employees in the rank and file unit formerly units represented by AFSCME and currently by the FOP in the Fish and Boat Commissionparticular agency affected. a. Except as provided in Section 78, the Employer shall not contract/assign Master Agreement bargaining unit work included in within the scope of Section 1 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 officer employee, or (2) such contract/assignment would prevent the return to work of an available, competent employee employee, or (3) the duration of the work to be performed under the contract/assignment is expected to be more than 12 consecutive months months, or (4) the work is performed on an annually recurring basis; except for the reasons set forth in Subsection b. b. The Employer may contract/assign Master Agreement bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) or where there are insufficient numbers of available, competent officers employees on layoff on the applicable recall list within the commission agency to perform the required work. Section 3. a. Except as provided in Section 78, the Employer shall not contract/assign Master Agreement bargaining unit work included within the scope of Section 1 which becomes available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an officer employee to independent contractors, consultants or other non-Master Agreement bargaining unit state employees employees, except for the reasons set forth in Subsection b. b. The Employer may contract/assign Master Agreement bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) or where there are insufficient numbers of available, competent employees on layoff on the applicable recall list within the agency to perform the required work. Section 4. The Employer shall provide the union with as much advanced notice as possible of a proposed contract/assignment of Master Agreement bargaining unit work included within the scope of Section 1 which meets the conditions set forth in Sections 2a. or 3a. Section 5. At each site where a proposed contract/assignment of Master Agreement bargaining unit work is to occur and provided the work is included within the scope of Section 1 and meets the conditions set forth in Sections 2a. and 3a., local labor/management committees shall meet and discuss over the reasons for the contract/assignment. At this meeting the Employer shall provide to the union all information it has to support a claim (a) of reasonable cost savings or improved service, (b) of legitimate operational reasons resulting from technological changes, (c) that there are insufficient numbers of available, competent employees on layoff on the applicable recall list within the agency to perform the required work, or (d) that the duration of the contract/assignment is not expected to exceed 12 consecutive months duration. The union 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 Council 13, the Agency and the Office of Administration. Should the parties be unable to resolve the issue, the union shall notify the Office of Administration in writing of its intent to submit the matter to the grievance procedure. Section 6. The Employer and the Union agree to meet and discuss, on an ongoing basis, at the statewide or agency level to develop a list of contract/assignment exemptions from the provisions of Sections 1 through 5 of this Article. Examples of criteria to be used by the parties for developing the list of exemptions are: duration of the project; total cost of the contract; availability of the necessary skills and/or equipment within the agency's existing resources; ability to complete the project with the Agency's workforce within the required time frames. Section 7. The Employer agrees to meet and discuss regarding any contract/assignment involving work of the type traditionally performed by employees covered by the Master Agreement, but excluded by Section 1 of this Article, upon request of the union and presentation by the Union of an alternative which may result in reasonable cost savings or improved delivery of service. Section 8. This agreement will not be construed so as to prevent other non-Master Agreement bargaining and first-level supervisory unit state employees who are in class titles represented by employee organizations other than AFSCME from performing Master Agreement 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.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The provisions of Sections 1 through 6 of this Article shall apply only to Employer may contract/assign bargaining unit work performed on July 1work, 1996 by officers subject to the limitations set forth in the rank and file unit formerly represented by AFSCME and currently by the FOP in the Fish and Boat Commissionthis Article. a. Except as provided in Section 7, the 2. The Employer shall not contract/assign bargaining unit work included in the scope of Section 1 to independent contractors, consultants or other non-bargaining unit state employees where (1) such contract/assignment would result in the layoff or downgrading of an officer 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. b. The Employer may contract/assign bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) service or where there are insufficient numbers of available, competent officers employees on layoff on the applicable recall list within the commission agency to perform the required work. Section 3. a. Except as provided in Section 7, the The Employer shall not contract/assign bargaining unit work included within the scope of Section 1 which becomes available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an officer 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 or Section 4. The Employer shall provide the Union with as much advance notice as possible of a proposed contract/assignment of bargaining unit work outside the bargaining unit either when the contract/assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee or when the work has become available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an employee. Section 5. At each site where a proposed contract/assignment of bargaining unit work is to occur and provided either: that the contract/assignment would result in the layoff or downgrading of an employee or prevent the return to work of an available, competent employee; or, that the work has become available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an employee, local labor/management committees shall meet and discuss over the reasons for the assignment. At this meeting the Employer shall provide to the Union all information it has to support a claim of reasonable cost saving or improved service or insufficient numbers of available, competent employees on layoff on the applicable recall list within the agency to perform the work. The Union 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 PSSU, the Agency and the Office of Administration. Should the parties be unable to resolve the issue, the Union shall notify the Office of Administration in writing of its intent to submit the matter to the grievance procedure. Section 6. The Employer and the Union agree to meet and discuss, on an ongoing basis, at the statewide or agency level to develop a list of contract/assignment exemptions from the limitations of Sections 2 through 5 of this Article. Examples of criteria to be used by the parties for developing the list of exemptions are: total cost of the contract; availability of the necessary skills and/or equipment within the agency's existing resources; ability to complete the project with the Agency's workforce within the required time frames. Section 7. The Employer agrees to meet and discuss regarding any contract/assignment involving work performed by employees covered by this Agreement in the affected Agency that does not result in the layoff or downgrading of an employee or prevent the return to work of an available competent employee upon request of the Statewide Union and presentation by the Statewide Union of an alternative which may result in reasonable cost savings or improved delivery of service. Section 8. The limitations set forth in Subsection b.Sections 2, 3, 4 and 5 will not be construed so as to prevent managerial or supervisory employees from performing bargaining unit work consistent with operational or organizational requirements. Other non-bargaining unit state employees may perform 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 9. This Article is applicable only to agencies under the jurisdiction of the Governor. Section 10. The work performed by UC Claims Intermittent Intake Interviewers or Energy Assistance Workers may be contracted/assigned at any time. Section 11. The Employer and the Union acknowledge the above represents the results of negotiations conducted under and in accordance with the Public Employe Relations Act and constitutes the full and complete understanding regarding the issues of contracting out and transfer of bargaining unit work.

PRESERVATION OF BARGAINING UNIT WORK. Section 1. The provisions of Sections 1 through 6 of this Article shall apply only to bargaining unit work performed on July 1, 1996 by officers employees in the rank and file unit formerly represented by AFSCME and currently by the FOP Federation in the Fish and Boat Commissionparticular agency affected. a. Except as provided in Section 7, the Employer shall not contract/assign bargaining unit work included in the scope of Section 1 to independent contractors, consultants or other non-non- bargaining unit state employees where (1) such contract/assignment would result in the layoff or downgrading of an officer 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. b. The Employer may contract/assign bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) or where there are insufficient numbers of available, competent officers employees on layoff on the applicable recall list within the commission agency to perform the required work. Section 3. a. Except as provided in Section 7, the Employer shall not contract/assign bargaining unit work included within the scope of Section 1 which becomes available as a result of a retirement, resignation, termination, promotion, demotion or reassignment of an officer employee to independent contractors, consultants or other non-bargaining unit state employees except for the reasons set forth in Subsection b. b. The Employer may contract/assign bargaining unit work described in Subsection a. for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost savings or improved delivery of service, (2) legitimate operational reasons resulting from technological changes, (3) or where there are insufficient numbers of available, competent employees on layoff on the applicable recall list within the agency to perform the required work.