SIGNATURE COPY
10/17/06
THE COUNTY OF INGHAM
THE PROSECUTING ATTORNEY OF THE COUNTY OF INGHAM
AND
THE INGHAM COUNTY EMPLOYEES' ASSOCIATION
ASSISTANT PROSECUTING ATTORNEY'S DIVISION
COLLECTIVE BARGAINING AGREEMENT
July 1, 2005 through June 30, 2009
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THIS AGREEMENT is entered into this first day of July, 2005, by the COUNTY OF INGHAM, a municipal body corporate of the State of Michigan, the INGHAM COUNTY PROSECUTING ATTORNEY (hereinafter referred to as the "Employer") and the INGHAM COUNTY EMPLOYEES' ASSOCIATION, ASSISTANT PROSECUTING ATTORNEY'S DIVISION (hereinafter referred to as the "Union" or "ICEA" or "Association").
This Agreement shall remain in full force and effect commencing July 1, 2005, through the 30th day of June, 2009.
THIS AGREEMENT, entered into by the parties, has as its purpose, the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, wages, hours of employment and other conditions of employment.
The parties encourage to the fullest degree, friendly and cooperative relations between the respective representatives at all levels.
The Co-Employers and the Association agree to abide by all applicable local, State and Federal laws with respect to age, sex, race, creed, color, handicap, sexual orientation, and national origin, in the hiring, placement, salary determination, or other terms or conditions of employment for Professional APA's employed or to become employed. The Co-Employers and the Association further agree that the Co-Employers shall be permitted to comply with State or Federal Civil Rights' requirements, including compliance with any accommodations' requirements under the Michigan Handicapper's Act or the Americans with Disabilities' Act; and/or any State or Federal judicial or administrative orders directing compliance with an applicable State or Federal civil rights' law or regulation. If such actions necessitate violation of a provision of the Agreement, then the parties agree to bargain with regard to the effect of implementing such action on other bargaining unit employees.
ARTICLE 1
Section 1. The Union, as the sole and exclusive bargaining representative of the employees, shall have the rights granted to them by Act 379 of the Michigan Public Acts of 1965, as amended, from time to time.
Section 2. The Employer recognizes that the Union representative and individual employees have all rights provided by law.
Section 3. Bulletin Boards. The Employer will provide bulletin boards at appropriate locations, which may be used by the Union for posting notices of the following types:
Meetings of the Union
Union Elections
Results of Union Elections
Union Recreational and Social Events
Section 4. Stewards. The Union shall designate a steward and two (2) alternate stewards: Assistant Prosecutor Steward, Assistant Prosecutor First Alternate Steward and Assistant Prosecutor Second Alternate Steward. The Steward(s), during his/her working hours, without loss of time or pay, may investigate and present grievances including attendance at Special Conferences, after notification to his/her Supervisor, provided that time off with pay to investigate grievances shall be limited to a reasonable length of time. The Steward(s) may represent an employee at all steps of the grievance procedure. The Employer shall be advised in writing as to who(m) represents the employees for notification and grievance processing purposes as to each grievance.
Section 5. Notice of Representatives. The Union shall furnish the Employer with a current written roster listing the names of its officers, steward and alternates. Such representatives shall not be recognized under the terms of this Agreement until such written notice is received by the Employer. When changes are made of the Union officers, steward or alternates, the Union shall, within ten (10) days thereof, notify the Employer of said changes in writing.
Section 6. Special Meetings.
A. Purposes and Procedures. The Employer and the Union agree to meet and confer on matters of clarification of the terms of this Agreement upon the written request of either party. The written request shall be made in advance and shall include an agenda stating the nature of the matters to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the agenda. It is agreed that these special meetings shall not be for the purpose of conducting continuing collective bargaining negotiations, nor to in any way modify, alter, change or detract from the provisions of this Agreement. Special meetings shall be held within ten (10) calendar days of the written request and shall be held between 8 a.m. and 5 p.m., at a time and place which is mutually agreeable to the parties. Each party shall be represented by not more than four (4) persons at such special meetings. The Union representative may meet at a place designated by the Employer, on the Employer's property, for a period not to exceed one-half (½) hour immediately preceding a special meeting.
B. Meeting Place. Meetings of the Union may be held at the Prosecutor's facilities with prior approval of the Prosecuting Attorney, provided the desired space is available. The Union shall not meet during working hours except as specifically provided under the terms of this Agreement.
C. Bargaining Committee. The Employer hereby recognizes a bargaining committee composed of four (4) Union members who are full-time employees. The Association may additionally have non-employee representative(s) as a part of the Committee. The bargaining committee's sole function shall be to meet with Employer representatives for the purpose of negotiating a new Agreement. Negotiation sessions which are held during working hours shall not result in a loss of pay for the bargaining committee members. It is understood that the Union and the Employer may bring in additional personnel to address certain areas of concern and/or expertise during the collective bargaining process, if it is mutually agreed upon.
ARTICLE 2
Section 1. The Union recognizes that the Employer hereby reserves and retains, solely and exclusively, all rights to manage and operate the Employer's affairs. All rights, functions, power and authority which the Employer has not expressly and specifically abridged, amended, delegated, or modified by this Agreement are recognized by the Union as being retained and reserved by the Employer. Neither the constitutional nor the statutory rights, duties and obligations of the Employer shall in any way whatsoever be abridged unless specifically provided for under the terms of this Agreement.
Section 2. Specifically, the Prosecuting Attorney retains all rights provided by law, including, but not limited to:
A. To manage and operate the office of Prosecuting Attorney and its business.
B. To maintain order and efficiency in its operation.
C. To make reasonable rules and regulations pertaining to employees consistent with this Agreement.
D. To install, modify or change methods of operations and work schedules consistent with this Agreement.
E-1. It is hereby agreed and understood by all parties to this contract that all Assistant Prosecuting Attorney positions are by appointment of the elected Prosecutor and that all such persons serve at the sole pleasure and discretion of the elected Prosecutor as provided in MCL 49.35; MSA 5.795, and that any disciplinary matter is not grievable nor subject to arbitration.
E-2. Subject to the provisions stated herein, if an employee is laid off due to elimination of his/her position, the Employer will continue that person's salary, health insurance, life insurance and dental insurance coverages for one month for each year of service to a maximum of six (6) months. The salary payments will be made on a bi-weekly basis, and continue for the period of time stated above provided the employee does not obtain other professional employment nor receive unemployment compensation during that time. This compensation may be extended, as well as the above fringe benefits, at the sole discretion of the Administrative Services/Personnel Committee up to an additional six (6) months for those employed ten (10) or more years. The above payments will be subject to normal tax withholdings.
E-3. If an Assistant Prosecuting Attorney that has completed more than one (1) year of continuous service is not re-appointed or has his/her appointment withdrawn by the Prosecutor, and his/her termination from employment is for other than death, retirement, or voluntary resignation, the employee shall be eligible for salary and health insurance continuation for a period not to exceed ninety (90) days, and life insurance continuation for a period not to exceed sixty (60) days. The payments will be made on a bi-weekly basis, subject to normal withholding of taxes and pension accrual and contributions will be made thereon. In addition, such salary and fringe benefit continuation is subject to and contingent upon the employee not being employed in a professional position elsewhere nor receiving unemployment compensation during that time.
E-4. In addition to sub-section E-3, if an Assistant Prosecuting Attorney that has completed four (4) or more years of continuous service is not re‑appointed or has his/her appointment withdrawn by the Prosecutor, and his/her termination from employment is for other than death, retirement, or voluntary resignation and the employee executes a waiver of any and all claims against the Employers, in a form approved by the Employer, the employee will be provided one month's continuation of salary, health, dental and life insurance for each year of service in excess of three (3) years to a maximum of nine (9) months of severance compensation. Payments will be made on a bi-weekly basis, subject to normal withholding of taxes. In addition, such salary and fringe benefit continuation is subject to and contingent upon the employee not being employed elsewhere in a professional position nor receiving unemployment compensation during that time. This compensation may be extended, as well as the above fringe benefits, at the sole discretion of the Administrative Services/Personnel Committee up to an additional three (3) months for those employed ten (10) or more years. The decision to grant or deny an extension of benefits is within the sole discretion of the Administrative Services/Personnel Committee.
In granting or denying the additional three (3) months of salary and health insurance continuation, the Administrative Services/Personnel Committee may consider:
(a) Whether the Assistant Prosecuting Attorney has obtained other employment;
(b) Whether the Assistant Prosecuting Attorney is immediately eligible for retirement benefits under the MERS plan;
(c) The recommendations of the Human Resources Director, the Prosecuting Attorney, and the Union;
(d) The Assistant Prosecuting Attorney's total length of service with the County;
(e) The Assistant Prosecuting Attorney's disciplinary record;
(f) Any medical issues involving the Assistant Prosecuting Attorney or his/her family; and
(g) Any other reasons that justify granting or denial of the request.
The Administrative Services/Personnel Committee shall include in the resolution granting or denying an extension request the reasons for the Committee's decision.
E-5. Notwithstanding the foregoing, no salary continuation shall be paid to employees whose separation from employment is related to his/her conviction of a felony, high misdemeanor, or misdemeanor connected with his/her employment, or in any case in which an employee's license to practice law within Michigan is suspended or revoked.
Section 3. The Employer shall have, within its discretion, the right to make, amend, supplement or delete reasonable rules and regulations. However, the Union shall receive a copy of any new or modified rule or regulation ten (10) days prior to its effective date, unless conditions warrant necessary immediate implementation. If there is concern regarding the fairness of the rules or rule change, the Union may request a special conference between the Union, a representative of the Human Resources Department, the Prosecutor, or his/her representative, to discuss the reasonableness of the rule.
In no case will the rule change or new rule become subject to the grievance procedure unless that rule, as applied, violates a provision of the collective bargaining agreement.
If the employees do not receive a copy of the new work rule or modification thereof as required above, the same shall not be binding upon the Union, the Employees and the County.
Due to the unique nature of the positions covered under this Agreement, it is expressly understood that the Prosecuting Attorney may adopt rules requiring employees under this Agreement to cooperate with other law enforcement agencies, so long as doing so does not require waiver of the employees’ state or federal constitutional rights.
ARTICLE 3
Section 1. The parties hereto mutually recognize that the services performed by the employees covered by this Agreement are essential to the public health, safety and welfare.
Section 2. The Union agrees that no employees holding a position in this unit shall strike.
Section 3. "Strike" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges or obligations of employment.
ARTICLE 4
Section 1. Employer. For the purpose of the Agreement, the word "Employer" means the Prosecuting Attorney and the Ingham County Board of Commissioners.
Section 2.
A. Full-time Employees. Employees regularly scheduled to work forty (40) hours per week shall be considered as regular full-time employees. A regular full-time employee shall be entitled to the benefits under this Agreement except where otherwise indicated.
B. Part-time Employees. Employees who are regularly scheduled to work less than full-time, but at least half-time (20 hours per week) shall be classified as regular, part-time employees. They shall be paid for their hours worked at the regular rate of their salary grade; shall receive overtime pay on the same basis as full-time employees; shall receive vacation, sick leave, and holiday pay at one-half the rate that regular full-time employees are eligible to receive the same; shall receive health insurance at the single subscriber rate, including vision coverage; shall receive retirement benefits where eligible on a pro-rated basis in proportion to their work schedule, and shall receive dental insurance as provided in Article 24, Section 1.
C. Special Part-Time Employees. An employee regularly scheduled to work less than half-time shall be considered a special part-time employee. Such employee shall be eligible for compensation by wages only, and shall not be covered by provisions of this Agreement.
D. Temporary Employees. An employee who is hired for a period of six (6) months or less to augment the work force will be considered a temporary employee and shall not attain seniority in the bargaining unit and shall be compensated by wages only.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a temporary employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
E. Substitute Employees. An employee who is hired to replace an employee on a leave of absence or on workers' compensation shall be considered a substitute employee and shall not attain seniority in the Unit and shall be compensated by wages only. These employees may be retained for the duration of the regular employee's absence.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a substitute employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
F. Shared Time Employees.
1. Definition. A full-time/shared time position is a position in which two employees share one (1) full-time job.
2. Creation of a Full-Time/Shared Position.
(a) The employee in the full-time position may request that the position become a shared position by making the request of his/her supervisor and notifying the appropriate bargaining unit representative.
(b) Approval of the Prosecuting Attorney must be obtained before a position can be converted to a shared position.
(c) Authority for shared positions originates from the Ingham County Administrative Services/Personnel Committee per Resolution #80-355.
(d) The creation of a full-time/shared position to replace a vacant full-time position must be agreed upon by the bargaining unit involved and the Prosecuting Attorney.
3. Continuation and Review of Full-Time/Shared Positions.
(a) The Prosecuting Attorney will determine the duration of the shared position based on departmental needs.
(b) A review of the shared positions will be conducted by the Employer and the bargaining unit at the time of the expiration of the current collective bargaining agreement to determine if it is feasible to create alternative shared positions.
4. Shared Work Schedule. The work schedule will be determined by the supervisor for the shared positions in a manner to attempt to accommodate the employees, as well as the needs of the department.
5. Reversibility.
(a) The Prosecuting Attorney may convert, at his/her discretion, the previously designated shared position back to a full-time position which would be filled through regular County employment procedures.
(b) In the event that one of the partners in a shared position leaves the position, one of the following options may occur:
(1) The remaining employee may continue to share the position and the other half would be filled through regular County employment procedures.
(2) Should it be determined by the Prosecuting Attorney that the position will be converted to full-time, it will be filled through regular County employment procedures.
6. Limits. There will be a limit of one (1) full-time/shared position under the ICEA Assistant Prosecuting Attorney Unit.
7. Longevity.
(a) Full-time employees who are placed in shared positions are eligible for a pro rata share of longevity, provided they meet the other longevity requirements as outlined in the collective bargaining agreement.
(b) Payment of longevity to two (2) shared-time employees will not exceed the total amount which otherwise would have been paid to a full-time employee in that position.
8. Fringe Benefits. Full-time/shared time employees shall receive the same fringe benefits as part-time employees except longevity, which shall be paid as above, based upon the number of hours they work, as stated in Article 4, Section 2(B).
9. Layoff and Bumping. In case of a reduction in force, employees in a full-time/shared position will not be eligible to bump an employee in a full-time position, regardless of seniority.
10. Term. The Shared Time Employee Program shall remain in force and effect for the duration of this contract.
ARTICLE 5
The Employer, a public employer under the Public Employment Relations Act, being 1947 PA 336, as amended, and herein referred to as PERA, hereby recognizes the Union as the exclusive representative, for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for all Assistant Prosecuting Attorneys with the County of Ingham, including duly appointed Assistant Prosecutors and law school graduates in a full-time Assistant Prosecuting Attorney position who are awaiting admission to the Bar, but excluding the elected prosecuting Attorney and Chief Assistant Prosecuting Attorney and all other employees working in the Prosecutor's Office.
ARTICLE 6
Section 1. The Employer will not discriminate against any employee because of membership in the Union.
Section 2. Union Security. As a condition of continued employment, all employees in the bargaining unit shall either become and remain members in good standing of the Union or pay a representation fee to the Union which shall be less than one hundred percent (100%) of the regular monthly dues paid by Union members and which sum shall accurately represent the amount for said employees due the Union as their fair share of costs attributable to negotiating and administering the terms of the Agreement, which shall not include, by way of example, but not by way of limitation, other dues and assessments or other amounts for Union activities.
The requirements set forth above shall become effective thirty (30) days after an Assistant Prosecuting Attorney's date of hire.
Section 3. Dues Checkoff. The Employer agrees to deduct the monthly Union dues or the representation fee from the pay of employees subject to and contingent upon the following:
A. The Union shall obtain from the employee a complete checkoff authorization form which shall conform to the respective state and federal laws concerning that subject or any interpretations made thereof. The checkoff authorization form shall be filed with the County Human Resources Director, who may return an incomplete or incorrectly completed form to the Union's Treasurer and no checkoff shall be made until such deficiency is corrected.
B. The Employer shall only deduct obligations which are due at the time of checkoff and will make checkoff deductions only if the employee has enough pay due to cover such obligations, and will not be responsible to the employee if he has duplicated a checkoff deduction by direct payment to the Union.
C. The Employer's remittance will be deemed correct if the Union does not give notice, in writing, to the County Human Resources Director within two (2) weeks after a remittance is sent, of its belief, with reasons stated therefore, that the remittance is incorrect.
D. Any employee may terminate his/her checkoff authorization by written notice to the County Human Resources Director.
E. The Union shall provide at least thirty (30) days' prior written notice to the County Human Resources Director of the amount of Union dues or representation fee to be deducted from the wage of employees in accordance with this Article. Any changes in the amounts shall be provided to the County Human Resources Director at least thirty (30) days prior to the effective date.
Section 4. Indemnity Provision. The Union agrees to defend, indemnify and save the Employer harmless against any and all claims, lawsuits or other forms of liability arising out of its deduction from an employee's pay of Union dues or representation fees, or reliance on any list, notice, certification or authorization furnished under this Article. The Union assumes full responsibility for the disposition of the deductions so made once they have been sent to the Union.
The terminology within the dues authorization forms does not bind the Employer to anything other than what is specified in Article 6 and that which is consistent with the law.
ARTICLE 7
Section 1. Definition.
A. "Service," for economic and fringe benefit purposes, shall mean the status attained by continuous length of service as an employee within Ingham County employment. Continuous service is defined as that time actually spent on the active payroll of the Employer plus approved leaves of absence period, unless otherwise provided in this Agreement.
B. "Seniority" for purposes of layoff and recall shall mean the length of time within the bargaining unit.
C. The application of seniority shall be limited as applied to the terms and conditions contained in this Agreement. Employees who are hired on the same date shall be placed on the seniority list in alphabetical order of surnames.
Section 2. Seniority List. The Employer shall prepare a seniority list and submit it to the Union on a quarterly basis.
Section 3. Loss of Seniority/Employment. An employee shall lose his/her seniority and job for any of the following reasons:
A. He/she voluntarily resigns;
B. He/she is discharged and not reinstated;
C. He/she retires;
D. He/she is laid off for a period greater than their seniority or thirty (30) months, whichever is less;
E. He/she is absent from work for three (3) consecutive working days without notification to the Employer and without acceptable excuse for not notifying the Employer;
F. He/she fails to return to work upon recall from layoff;
G. He/she fails to return to work after expiration of leave of absence; and
H. He/she makes an intentionally false statement on his/her employment application or on an application for leave of absence or any other employment record or form.
ARTICLE 8
Section 1. To the extent required by Michigan law, the Employer provides, at its sole expense, workers' compensation coverage for each employee covered by this Agreement.
Section 2. Use of Accumulated Sick Leave When on Workers' Compensation. Employees in the bargaining unit are permitted to use accumulated sick leave while on workers' compensation as provided below:
A. The maximum time an employee may use accumulated sick leave while on workers' compensation is twelve (12) weeks.
B. Employees shall not accumulate sick leave or vacation time while off work on workers' compensation. All other fringe benefits shall terminate after an employee is not at work and on workers' compensation for ninety (90) days.
C. Employees who have accumulated one hundred sixty (160) hours of sick leave and up to four hundred (400) hours are permitted to use their accumulated sick leave as a supplement to workers' compensation so that they will receive approximately eighty (80%) of their normal straight time pay.
D. Employees who have one hundred fifty-nine (159) hours accumulated sick leave or less shall not be entitled to utilize this Section.
E. Employees who have accumulated sick leave of four hundred one (401) hours or more may use their accumulated sick leave so as to receive one hundred per cent (100%) of their actual net pay of their normal straight time pay.
F. The eighty percent (80%) and one hundred percent (100%) wages noted above shall be gross wages minus normal tax deductions and other deductions.
EXAMPLE: If an employee's gross paycheck is One Hundred Fifty ($150.00) Dollars and their net paycheck is One Hundred ($100.00) Dollars, and workers' compensation payments are Sixty ($60.00) Dollars, the Employer's obligation is to pay Twenty ($20.00) Dollars, provided the employee meets the above requirements.
Section 3. Seniority shall continue to accumulate while employees are receiving workers' compensation benefits for a maximum of one (1) year.
Section 4. Employees on workers' compensation from the County may continue their hospitalization insurance coverage on the group plan for up to one (1) year from their date of injury, provided they pay the premium.
ARTICLE 9
Section 1. In the event that a reduction in personnel and/or positions is necessary, as determined by the Ingham County Board of Commissioners, layoffs will be by seniority, as defined in Article 7 (Service/Seniority), beginning with the least senior person. It is recognized that the Employers have the right to determine which functions and position numbers are to be eliminated which may necessitate the layoff.
Section 2. In the event that an employee is originally hired into a grant funded position and thereafter laid off or terminated due to lack of funds or termination of the grant, said person may notify, in writing, the Human Resources Department of his/her desire for regularly funded County employment. The Human Resources Department shall, for up to twelve (12) months, refer that laid off or terminated person to a department head for consideration of employment if said employee informs the Human Resources Department of his/her previous status with the County. This provision shall only apply to the classification to which the employee was previously working within the County.
Section 3. When employees in a regular County funded position transfer to a grant funded position, seniority for the purposes of layoff, as provided in Section 1, shall be computed from the date of hire in the regular County funded position. Seniority time shall be continued while the employee is funded by the grant.
An employee in a grant funded position, originally hired in a regular funded County position, shall, in the event of termination or exhaustion of the grant, be retained at his or her current classification level, provided however, in the event of a reduction of personnel due to termination or exhaustion of a grant, layoffs shall occur as provided in Section 1 of this Article.
Section 4. The Human Resources Director shall notify the Union as soon as possible of any pending layoff. An employee shall be given written notice from the Employer at least thirty (30) days prior to his/her scheduled layoff date. Said written notice will be given to the employee personally or by certified mail deliverable only to him/her as addressee, with return receipt requested. In the event certified mail is used to accomplish notice, the time of this notice shall commence to run from the date of the affected employee's signature on the certified mail receipt.
Any employee who will be absent from work for a period of time to exceed one (1) week shall inform the Prosecuting Attorney of his/her whereabouts. In the event the employee fails to do so, then notice may be sent to the last known address in the employee's personnel file by certified mail and will not require the Employer to obtain the employee's signature on the receipt for said certified mail.
The Prosecuting Attorney shall send written notice to the Human Resources Director and all employees who may be affected by the termination of a grant forty-five (45) days before the same is to expire.
Section 5. When positions become available in a classification level from which employees have been laid off, or in a lower classification level, those laid off employees shall be notified of said openings and recalled.
Notice shall be by certified mail to their last known address contained in their personnel file in order of their seniority within their classification level. An employee receiving such notice must, within seven (7) working days thereafter, state in writing his/her availability to return to employment within fourteen (14) days unless extended by the Prosecuting Attorney, or shall forfeit any recall rights.
Section 6. Notwithstanding anything in this Agreement to the contrary, an employee originally hired into a position which is funded in total or in part by either a State or Federal grant may retain employment for the duration of the grant. However, if a grant funded position is eliminated due to termination or lack of funds in said grant, the following shall occur:
A. In the case of employees originally hired into the grant position, the employee's employment will terminate, unless the Ingham County Board of Commissioners, within its sole discretion, decides to continue funding said position.
B. In the case of employees that were originally hired into a regularly funded position and transferred to the grant position; the employee's grant funded position shall be eliminated and the employee shall exercise any applicable layoff seniority or bumping rights under Section 1 herein; unless the Ingham County Board of Commissioners, within its sole discretion, decides to continue funding the former grant position.
Section 7. Laid off employees may continue their hospitalization and dental coverage to the extent required by Federal law.
Section 8. Laid off employees may continue their life insurance up to sixty (60) days provided they pay the premium.
ARTICLE 10
Section 1. Work Breaks. Each employee shall be allowed to have two (2) work breaks during the work day. Said work breaks will not be taken at the beginning or ending of the work day. No more than one (1) work break may be taken before lunch. No more than one (1) work break may be taken after lunch on any one day. The duration of said break shall not exceed fifteen (15) minutes in length. Each employee shall be allowed one (1) hour lunch break between the hours of 11:30 a.m. and 1:30 p.m., unless another arrangement is agreed upon by the employee and the department head, or the immediate supervisor if the department head is not available. Work breaks do not accumulate if not taken.
Section 2. Special Exemptions. On each and every nationwide or statewide election day, excluding primaries and school elections, all employees over eighteen (18) years of age, shall be allowed one (1) hour off from their normal duties for the purpose of casting their vote in said election. The decision as to which hour an employee shall be entitled to take off for the above stated exemption shall be made by the department head or the immediate supervisor if the department head is not available. Necessary travel time may be included in the approved time off for voting if the employee is prevented by his/her supervisor from voting either at the start or end of the shift on that particular day.
Section 3. When an off duty Assistant Prosecuting Attorney is required to spend time in court, he/she shall receive the witness fee, if one is payable, plus the difference between such witness fee and pay at time and one-half for the time actually spent on the assignment, with a minimum of two (2) hours of premium pay. If no witness fee is payable, he/she shall receive pay at time and one-half for the time spent on the assignment, with a minimum of two (2) hours of premium pay. Mileage that may be paid by the court will be considered separate payment and will not be included in the above premium pay. Said payment shall be made only when an employee is required to attend court as a witness arising out of a work related incident. Said employee shall not be paid mileage by the Employer if paid by the court. Such time spent in court shall include time excused for lunch if the employee is required to return to court.
Section 4. Overtime.
A. The normal business day is 8 a.m. to 5 p.m., Monday through Friday. The normal working schedule of forty (40) hours weekly can be arranged to best accommodate individual job responsibilities, provided the employee is at work the majority of the hours designated as the normal business day, and that the appropriate staff is aware of the schedule. If the Employer believes the employee's work hours are an abuse of this Section, the employee will receive a written warning from the Employer and will not be subject to any disciplinary action until the employee has a reasonable opportunity to address the Employer's concerns. This Section does not modify the employee's at-will employment status.
B. Positions of employment covered by this Agreement are professional and are recognized as exempt from overtime except as provided in Section C below and Section 5. Work performed in preparation for subsequent activities, beyond eight (8) hours per day shall not be compensated for, such as but not limited to, preparation for the next day's activities. Some cases are by necessity outside an employee's normal working schedule, and the employee is required to attend. This may include court sessions held after 5 p.m. including being held over for jury verdicts.
C. If the Prosecutor or Chief Assistant Prosecutor require an employee to attend any meetings beyond the normal business day as provided in Section "A," the employee shall be compensated at overtime rates or compensatory time (calculated at time and one-half), as mutually agreed between the employee and the Prosecutor.
Section 5. A bargaining unit employee who is designated by the Prosecutor as being "on-call" for a specific week shall be compensated for such duty as follows:
A. Effective the first full pay period following ratification of this Agreement by both parties, for up four (4) hours per day for Saturday, Sunday or holiday warrant duty, the designated employee shall receive the following amounts:
|
Year |
Daily On-Call Pay |
|
2005/2006 |
$191 |
|
2006/2007 |
$196 |
|
2007/2008 |
$201 |
|
2008/2009 |
$207 |
B. Effective the first full pay period after ratification of this Agreement by both parties, for all times spent on warrant duty, phone calls and other on-call duties during a specific week on "on-call" assignment, the designated employee shall receive:
|
Year |