COLLECTIVE BARGAINING AGREEMENT

Alaska Public Employees Association/AFT Web Site

COLLECTIVE BARGAINING AGREEMENT

Between

The CONFIDENTIAL EMPLOYEES ASSOCIATION
and

The STATE OF ALASKA

July 1, 1999 – June 30, 2002

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Table of Contents

ARTICLE 1 – RECOGNITION........................................................................................................................... 1

1.01 General Recognition........................................................................................................................... 1

1.02 Negotiations...................................................................................................................................... 1

1.03 Nonpermanent Employees.................................................................................................................. 1

ARTICLE 2 – NONDISCRIMINATION................................................................................................................ 2

2.01 Noninterference.................................................................................................................................. 2

2.02 Equal Employment Opportunity and Affirmative Action........................................................................... 3

2.03 CEA Obligations................................................................................................................................ 3

2.04 Nondiscrimination............................................................................................................................... 3

ARTICLE 3 – CEA SECURITY......................................................................................................................... 3

3.01 Membership....................................................................................................................................... 3

3.02 Agency Shop..................................................................................................................................... 3

3.03 Maintenance of Membership................................................................................................................ 4

3.04 Checkoff and Deductions.................................................................................................................... 4

3.05 Payroll Files...................................................................................................................................... 4

3.06 Meetings........................................................................................................................................... 4

3.07 Representatives................................................................................................................................. 4

3.08 Super Seniority.................................................................................................................................. 4

3.09 E-Mail Communications...................................................................................................................... 4

ARTICLE 4 – MANAGEMENT RIGHTS............................................................................................................. 5

ARTICLE 5 – PARKING.................................................................................................................................. 5

ARTICLE 6 – LEGAL ASSISTANCE................................................................................................................. 6

ARTICLE 7 – WORKING RULES..................................................................................................................... 6

7.01 Workweek......................................................................................................................................... 6

7.02 Overtime............................................................................................................................................ 7

7.03 Compensatory Time........................................................................................................................... 7

7.04 Lunch Periods.................................................................................................................................... 7

7.05 Relief Breaks..................................................................................................................................... 7

7.06 Holidays............................................................................................................................................ 7

7.07 Distribution of Overtime....................................................................................................................... 8

7.08 Continuous Hours of Work................................................................................................................... 8

7.09 Termination Pay................................................................................................................................. 8

7.10 Frequency of Payday.......................................................................................................................... 8

7.11 Flexible Work Schedules.................................................................................................................... 8

7.12 Alternate Workweeks......................................................................................................................... 8

7.13 Shift Changes.................................................................................................................................... 9

7.14 Flexible Time Plan.............................................................................................................................. 9

ARTICLE 8 – LEAVE...................................................................................................................................... 9

8.01 Rate of Accrual.................................................................................................................................. 9

8.02 Changes of Accrual Rate.................................................................................................................... 9

8.03 Medical Leave Bank and Transfer of Accrued Sick Leave...................................................................... 10

8.04 Utilization and Disposal..................................................................................................................... 10

8.05 Separation....................................................................................................................................... 11

8.06 Funeral Leave................................................................................................................................... 11

8.07 Leave Cash-In.................................................................................................................................. 11

8.08 CEA Leave Bank.............................................................................................................................. 11

8.09 Donations of Personal Leave.............................................................................................................. 12

8.10 Court Leave...................................................................................................................................... 12

8.11 Military Leave................................................................................................................................... 12

8.12 Family Leave.................................................................................................................................... 13

8.13 Other Approved Absences................................................................................................................. 13

8.14 Leave Anniversary Date..................................................................................................................... 13

ARTICLE 9 – TIME OFF TO VOTE................................................................................................................. 13

ARTICLE 10 – SAFETY EQUIPMENT............................................................................................................ 13

ARTICLE 11 – LABOR-MANAGEMENT COMMITTEE...................................................................................... 13

11.01 Purpose........................................................................................................................................... 13

11.02 Committee Composition.................................................................................................................... 13

11.03 Meetings and Agenda....................................................................................................................... 14

11.04 Authority of Committee..................................................................................................................... 14

11.05 Committee Evaluation and Training..................................................................................................... 14

ARTICLE 12 – SETTLEMENT OF DISPUTES.................................................................................................. 14

12.01 No Strike or Lockout, Picket Lines..................................................................................................... 14

12.02 Grievances....................................................................................................................................... 15

12.03 Arbitration........................................................................................................................................ 16

12.04 Complaints...................................................................................................................................... 16

12.05 Position Review................................................................................................................................ 17

ARTICLE 13 – WAGES................................................................................................................................. 19

13.01 Wages............................................................................................................................................ 19

13.02 Geographic Differentials.................................................................................................................... 20

13.03 Swing and Graveyard Shift Differentials............................................................................................... 20

13.04 Standby Pay.................................................................................................................................... 20

13.05 Reallocation of Position..................................................................................................................... 20

13.06 Anniversary Dates............................................................................................................................ 21

13.07 Rehire Employees............................................................................................................................ 21

13.08 Promoted Employees....................................................................................................................... 21

13.09 Acting in a Higher Range................................................................................................................... 21

13.10 Subfills............................................................................................................................................ 22

13.11 Penalty Pay..................................................................................................................................... 22

13.12 Demotions....................................................................................................................................... 22

13.13 Transfers......................................................................................................................................... 22

13.14 Dispatchers..................................................................................................................................... 22

ARTICLE 14 – INSURANCE.......................................................................................................................... 22

14.01 Employee Health Insurance Plan....................................................................................................... 22

14.02 Re-negotiation.................................................................................................................................. 23

14.03 Health Trust..................................................................................................................................... 23

ARTICLE 15 – TRAVEL AND PER DIEM........................................................................................................ 23

ARTICLE 16 – PERSONNEL FILES............................................................................................................... 23

16.01 Employee Access............................................................................................................................ 23

16.02 File Review Procedure....................................................................................................................... 24

ARTICLE 17 – UNIT RESPONSIBILITIES AND DISCIPLINARY ACTIONS.......................................................... 24

ARTICLE 18 – PERFORMANCE EVALUATIONS AND PROBATIONARY PERIODS........................................... 24

18.01 Frequency of Evaluation.................................................................................................................... 24

18.02 Review of Evaluations........................................................................................................................ 25

18.03 Performance Evaluation Disputes....................................................................................................... 25

18.04 Performance Incentive Appeals.......................................................................................................... 26

18.05 Probationary Periods........................................................................................................................ 26

18.06 Permanent Status............................................................................................................................ 27

ARTICLE 19 – TRAINING.............................................................................................................................. 28

ARTICLE 20 – RECRUITMENT AND APPOINTMENTS.................................................................................... 28

20.01 Merit Principles................................................................................................................................ 28

20.02 Applicant Pools................................................................................................................................ 28

20.03 Appointments................................................................................................................................... 29

20.04 Rehire............................................................................................................................................. 29

20.05 Transfer........................................................................................................................................... 29

20.06 Reclassification................................................................................................................................ 30

20.07 Notification of Vacancies................................................................................................................... 30

ARTICLE 21 – LAYOFF................................................................................................................................ 30

21.01 General Provisions............................................................................................................................ 30

21.02 Order of Layoff.................................................................................................................................. 30

21.03 Notification....................................................................................................................................... 31

21.04 Rights of Laid-Off Employees............................................................................................................. 31

21.05 Termination of Recall Rights.............................................................................................................. 32

21.06 Contracting Out................................................................................................................................ 32

ARTICLE 22 – SUPERSEDING EFFECT OF THIS AGREEMENT..................................................................... 32

ARTICLE 23 – SAVINGS CLAUSE................................................................................................................. 33

ARTICLE 24 – CONCLUSION OF COLLECTIVE BARGAINING......................................................................... 33

ARTICLE 25 – PRINTING OF THE AGREEMENT............................................................................................ 33

ARTICLE 26 – IMPLEMENTATION OF THE AGREEMENT............................................................................... 33

ARTICLE 27 – TERM OF THE AGREEMENT.................................................................................................. 34

Appendix A Geographic Differentials........................................................................................................ 35

Appendix B Alternate Workweek Agreement, LOA 2000-KK-001................................................................ 36

Assignment to Alternate Workweek....................................................................................... 37

Appendix C Master Alternate Work Schedule for Overtime Exempt Employees, LOA 2000-KK-002............... 38

Assignment to Alternate Work Schedule................................................................................ 39

Appendix D Floating Holidays, LOA 2000-KK-003..................................................................................... 40

Designation of Floating Holiday.............................................................................................. 41

Appendix E Classification of Human Resources Positions, LOA 2000-KK-004............................................. 42

Appendix F APDI Reduction in Force & Contracting Out Provisions, LOU 2000-KK-116................................ 43

Whereas, the State of Alaska (Employer) and the Confidential Employees Association (CEA) have negotiated a collective bargaining agreement (Agreement) pursuant to AS 23.40.070-260 relating to employees performing personnel/payroll functions and services as defined in 2AAC10.220(b)(1) and designated by the Alaska Labor Relations Agency as members of the Confidential Unit, and

Whereas, that Agreement sets forth the salaries, wages, hours, and other terms and conditions of employment of such employees, and

Whereas, the parties have reduced that Agreement to writing, and

Whereas, the purpose of the Employer and CEA in entering into that Agreement is to promote orderly and peaceful relations, and to achieve the highest level of employee performance consistent with safety, good health, and sustained effort in the best interest of the State of Alaska and the CEA membership.

Therefore, in consideration of their mutual promises, the parties set forth the following Agreement.

ARTICLE 1

RECOGNITION

1.01 - General Recognition.The Employer recognizes CEA as the exclusive representative of all permanent, nonpermanent, probationary, and provisional employees engaged in performing personnel/payroll functions and services as defined in 8AAC97.990(1), in the Confidential Bargaining Unit and as the sole collective bargaining agent for the purpose of acting for the employees in negotiating salaries, wages, hours, and other terms and conditions of employment.

"Employee" in this Agreement shall mean a person in State service who is paid a salary or wage and holds probationary, permanent, nonpermanent, or provisional status working in a position that has been designated by the Alaska Labor Relations Agency (ALRA) as a Confidential Unit position.

Both parties recognize that the Alaska Labor Relations Agency (ALRA) retains its authority to determine bargaining unit assignments.New positions and classifications created by the Employer shall be placed in the appropriate bargaining unit consistent with prior ALRA rulings.The CEA shall be notified of all new job classifications created, or revisions to existing classifications, within ten (10) working days of such action.The notification shall include a copy of the job class specifications.Notification shall be via e-mail and job class specifications shall be online through Workplace Alaska.

No filled position shall be removed from this bargaining unit without written notification to CEA.If CEA does not file a written petition with the ALRA challenging the proposed bargaining unit transfer within fifteen (15) working days of receipt of the notice to CEA, the Employer is free to take the proposed action.

No filled position shall be changed to exempt or partially exempt status without at least thirty (30) calendar days notice to CEA prior to submitting the request to the Personnel Board.Concurrent with the notice, the Employer shall provide a written explanation of the transfer request to CEA.

The Employer will provide concurrent written notice to CEA when an unfilled position is removed from the bargaining unit.

1.02 - Negotiations.The Employer will not negotiate or handle grievances with any employee organization other than CEA with reference to terms and conditions of employment of employees in the Confidential Unit.When individuals or organizations other than CEA request negotiations or handling of grievances, they will be advised by the Employer to transmit their request to CEA.

1.03 - Nonpermanent Employees.It is recognized that the need exists to hire nonpermanent employees in positions similar in duties and requirements to permanent positions in the bargaining unit; therefore, notwithstanding as 39.25.195 the following provisions shall apply:

A. An individual hired as a nonpermanent covered by this agreement must perform the work of the assigned class and may not be paid less than the entry salary step of the range assigned to the class in which the nonpermanent is to work.

B. Short-term Nonpermanent Positions.Assignments of ninety (90) calendar days or less in any twelve (12) month period may be filled through the use of short-term nonpermanent appointments (casuals).The Employer may make such appointments without use of any eligible lists.Any individual hired as a short-term nonpermanent must be terminated following the ninetieth (90^th) day of employment.The Employer and the APEA/AFT agree that all determinations concerning the terms and conditions of casual employment shall be made independently by the Employer, except as provided for in this article or as specifically provided for in subsequent articles.

C. Long-term Nonpermanent Positions.Assignments described as substitute, normal, program, and project nonpermanents in division of personnel standard operating procedure (SOP) no. 09-VIII which are for periods of more than 90 days but less than twelve (12) months duration may be filled through the use of long-term nonpermanent appointments.Any individual hired pursuant to this provision shall meet the minimum qualifications as required of individuals seeking permanent employment in the class into which they are to be hired.The Employer agrees to hire individuals for these assignments through Workplace Alaska.In the event that an employee is worked for longer than twelve (12) months, except as provided in paragraph F of this section, the Employer will review the reasonableness of establishing a permanent position.The long-term nonpermanent employee shall become the incumbent of the permanent position.All long-term nonpermanent employees shall be entitled to personal leave accrual, health insurance, and holidays.Long-term nonpermanents shall have access to the complaint procedure outlined in Section 12.04 as the sole means for resolving disputes or controversies with respect to nonpermanent employment.

D. Time spent in nonpermanent status shall be credited toward probationary status as follows:

If the nonpermanent employee is converted to probationary status in the same classification, a successor classification, or a broadbanded class performing similar duties with no break in employment, the employee shall be credited with one (1) month toward the probationary period for every consecutive month of nonpermanent employment to a maximum of one-half (1/2) the required probationary period in the job class.

E. Extensions to the time limits established in B. and C. above may be accomplished with the written concurrence of the CEA.

F. It shall not be a violation of this agreement to employ JTPA or similar nonpermanent employees and such nonpermanent employees shall not be members of the bargaining unit.The Employer agrees to abide by the federal regulations governing such employment programs.

Any dispute arising between the parties under this paragraph concerning compliance with federal regulations shall not be subject to Article 12 of this agreement but may be referred by either party, after discussion, to the federal agency responsible for such program resolution.

Neither party waives its right to seek resolution of the matter, when appropriate, in court after exhaustion of administrative remedies as authorized in this paragraph.

G. It shall not be a violation of this agreement to employ trainees under the State’s temporary Assistance Program (welfare to work) and these employees shall not be members of the bargaining unit.

ARTICLE 2

NONDISCRIMINATION

2.01 - Noninterference.The Employer will not interfere with, restrain or coerce employees because of membership or lawful activity in CEA, nor for the purpose of discouraging membership in CEA will it discriminate in respect to hire, tenure of employment or any terms or conditions of employment.

2.02 - Equal Employment Opportunity and Affirmative Action.The Employer and CEA mutually agree to cooperate in establishing and/or maintaining Equal Employment Opportunity and Affirmative Action Programs consistent with statutory obligations applicable to employees to provide equal treatment with respect to rates of pay, benefits, and other terms and conditions of employment regardless of race, religion, color, national origin, age, sex, physical or mental disability, marital status, change in marital status, pregnancy, parenthood, political affiliation or belief.

2.03 - CEA Obligations.Nothing in this Article shall prevent CEA from its obligation to protect the rights of an employee.

2.04 - Nondiscrimination.The parties agree that they will not discriminate in any employment matter against any employee with regard to race, religion, color, national origin, age, sex, physical or mental disability, marital status, change in marital status, pregnancy, parenthood, political affiliation or political belief.Further, the parties agree to support appropriate action against any employee involved in sexual harassment.

Employees shall have the right to utilize the Employer's Internal Discrimination Complaint Procedure should a dispute involving the provisions of this section arise.This procedure shall be the sole method of resolution of disputes arising from this section.

ARTICLE 3

CEA SECURITY

3.01 - Membership.Employees covered under this Agreement will not be required to become a member of CEA as a condition of employment, and there shall be no discrimination against an employee because of membership or non-membership in CEA. Employees may or may not join CEA at their discretion.

3.02 - Agency Shop.All employees shall, as a condition of continued employment, either become a member of CEA and pay CEA dues or pay an agency fee to CEA in an amount certified by the CEA to be equal to the cost of collective bargaining representation for the life of this agreement.Payment of CEA dues or agency fees shall commence within thirty (30) days after the effective date of this Agreement or within thirty (30) days after the date of hire, whichever is later.

Employees shall be notified at the time of hire that an agency shop obligation exists under this Agreement.Employees shall contact the CEA on their own time.

Upon written request by the CEA, an employee who has been employed for more than thirty (30) days and who is not complying with the agency shop provisions of this Agreement shall be terminated by the Employer, provided that the following actions have occurred:

1. The CEA shall notify the employee of the amount of money that is in arrears.The notice shall inform the employee of impending discharge if the full amount owed is not paid to the CEA within thirty (30) days after receipt of the notification.A copy of the notification shall be mailed simultaneously to the Director of the Division of Personnel.

2. The CEA shall tender to the Director of the Division of Personnel a written request for termination of the employee for failure to comply with the agency shop provisions of the Agreement within the time period specified in 1, in that the employee has not paid the arrearage and has not documented that the money is not owed.A copy of the notification shall be mailed simultaneously to the employee.

The CEA shall defend, indemnify, and save the Employer harmless against any and all claims, demands, suits, grievances, or other liability (including attorneys' fees incurred by the Employer) that arise out of or by reason of actions taken by the Employer pursuant to this article, except those actions caused by the Employer's negligence.

3.03 - Maintenance of Membership.Each employee who, on the effective date of this Agreement, is a member of CEA or who thereafter becomes a member may continue such arrangement for the duration of this Agreement.However, such an employee may withdraw from CEA membership by giving CEA written notice of intention to withdraw.If a payroll deduction for CEA dues is affected, written notice of withdrawal shall also be given to the Employer.Such withdrawal shall remain effective until the employee voluntarily renews CEA membership.Employees who withdraw under this provision shall suffer no discrimination by CEA or the Employer.Withdrawal from CEA membership does not eliminate the agency shop obligations of Section 2.

3.04 - Checkoff and Deductions.Employees who desire to have dues or fees deducted from their pay and paid to CEA shall authorize such payroll deductions by executing checkoff on a form supplied by CEA.The President of CEA shall notify the Director of the Division of Personnel in writing of any change in the amount, frequency, or method of calculating authorized dues or fees deductions at least sixty (60) days prior to the effective date of the change.The Employer shall then make appropriate changes in payroll deductions without further notice, provided that any change does not conflict with the amount authorized by the employee.The Employer shall remit the authorized deductions to the Treasurer of CEA by the thirtieth (30th) of the month following issuance of the payroll warrant, together with a list of the names of the employees from whose pay the deductions were made.

3.05 - Payroll Files.CEA shall receive each pay period, without charge, a computer report via electronic files by use of diskette or other common media mutually agreeable to the parties which lists each bargaining unit member’s name, social security number, position control number, range, step, classification title, status, hire date, department, merit anniversary date, mailing address, and termination date or last date in pay status, if applicable.The report will also itemize and show any regular deductions made and forwarded to CEA.CEA specifically agrees that all information provided shall be used only for purposes related to the execution of the Agreement; that CEA shall be responsible for the protection and security of information provided; and that CEA shall assume all liability which may result from any improper disclosure or use by CEA of information provided.

3.06 - Meetings.Where there is appropriate available meeting space in buildings owned or leased by the Employer, this space may be used for meetings by CEA, provided that a request is approved in advance pursuant to the rules of the department or agency concerned.Posting notification of CEA meetings will be permitted in office areas and on the State’s e-mail system.

3.07 - Representatives.CEA shall be allowed up to five (5) employee representatives in addition to the five (5) Executive Board members.The CEA shall inform the Director of the Division of Personnel in writing of the names of its employee representatives and board members.

With the prior approval of the first level supervisor outside the bargaining unit, these designees shall be allowed to handle complaints and grievances under this Agreement during working hours and shall suffer no loss in compensation for time spent handling complaints or grievances.Approval will not be unreasonably denied.All time spent in such activities during work hours shall be recorded on the employee's time sheet.Time spent performing these activities shall not be counted in the calculation of hours worked.However, time compensated pursuant to this section shall be counted for the purpose of fulfilling any applicable guaranteed workweek.

3.08 - Super Seniority.For the purpose of layoff or transfer of positions in the bargaining unit, the five (5) CEA Executive Board members, the five (5) employee representatives and CEA negotiators shall head the seniority list of State service from the date of notice to the Employer of their designated status.

3.09 - E-mail Communications.The employer recognizes the association’s right to communicate with its members through the internet.Bargaining unit members may use their state computers to communicate with each other and/or the association, provided such use does not interfere with official state use, or the performance of the bargaining unit member’s job duties.

ARTICLE 4

MANAGEMENT RIGHTS

It is recognized that the Employer retains the right, except as otherwise provided in this Agreement, to manage the affairs of the State and to direct its workforce.Such functions of the Employer include, but are not limited to:

A. recruit, examine, select, promote, transfer, and train employees of its choosing, and to determine the methods of such actions;

B. develop and modify class specifications as well as assignment of the salary range for each classification, and allocate positions to those classifications;

C. assign and direct the work; determine the methods, materials, and tools to accomplish the work; designate duty stations and assign employees to those duty stations;

D. reduce the work force due to lack of work, funding, or other cause consistent with efficient management;

E. discipline, suspend, demote, or dismiss employees for just cause;

F. establish reasonable work rules; assign the hours of work and assign employees to shifts of its designation.

All of the functions, rights, powers, and authority of the Employer not specifically abridged, delegated, or modified by this Agreement are recognized by CEA as being retained by the Employer.

ARTICLE 5

PARKING

Every effort will be made to provide reserved parking spaces for employees who are handicapped with respect to walking capability.If spaces are available, they will be assigned as near as practical within close proximity to the employee's working area.In those areas where the parking spaces are assigned specifically to the bargaining unit employees with disabilities, the number and location of bargaining unit spaces will not be modified or changed before consulting with CEA.

The Employer will make available parking passes to State parking facilities for employees covered by this Agreement who are required to perform work outside their regular work areas.When an employee is required to work away from the normal work site, the Employer may provide a State-owned vehicle if available, upon the supervisor's or designee's approval.

Where head bolt heater outlets are provided by the Employer, all employees shall be permitted to use such outlets at no cost and under the conditions as designated by the Employer, consistent with specific Environmental Protection Agency (EPA) or local jurisdiction standards, where existing.

The State shall provide not less than ninety (90) days notice of any change in the number of parking spaces available to employees and visitors.In the event the State becomes aware of a change that does not allow for ninety (90) days notice, the State will notify CEA within five (5) days of the time the State becomes aware of the change. The parties will meet and confer regarding any significant change in the number and location of parking spaces provided for employees.

The State will make a good faith effort to make parking available to employees.The state will make a good faith effort to make designated parking facilities available to employees, wherever practicable.

ARTICLE 6

LEGAL ASSISTANCE

If the Employer determines that an employee did not engage in conduct beyond the scope of the employee's authority or which constituted willful misconduct or gross negligence in the performance of the employee's duties, upon request, the Employer agrees to provide for the legal defense of the employee in any civil action brought against the employee as a result of the performance of the employee's duties.

The employee must request in writing that the Employer provide the legal defense services available under this Article within ten (10) working days of service of summons and complaint on the employee.The summons and complaint shall accompany the request.The postmark on the employee's request shall be accepted as the date of request by the Employer.Failure to submit a written request within the required ten (10) working days may relieve the Employer of any obligation under this Article.

The Employer shall have the right to determine which attorney shall represent the employee.If the employee objects to the attorney provided by the Employer, the employee may request the Employer to appoint another attorney.The employee may make only one (1) such request.

If the Employer determines that the employee did not engage in conduct beyond the scope of the employee's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the employee at the employee's normal rate of pay including per diem, without loss of any benefits or seniority to the employee.Upon a reasonable showing by the employee of need, an absence from work will be allowed to prepare the employee's case for negotiation or trial.The Employer also agrees to pay any judgment (including punitive damages) rendered against the employee if the Employer has provided legal services to the employee pursuant to this Article.

The Employer may undertake the defense of an employee pursuant to this Article with written reservation.If the Employer has provided legal services under reservation, the obligation to pay a judgment (including punitive damages) against the employee is not operative until final determination is made by the Employer of the employee's eligibility for legal services under this Article. If the Employer has undertaken the defense of an employee with reservation, and if a court of competent jurisdiction deems that the employee acted beyond the scope of the employee's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the employee or any other person as a result of such determination.In such cases as this, the judgment (including punitive damages), costs and fees will be borne by the employee as in any other instance where the court determines that the employee acted beyond the scope of the employee's authority or with willful misconduct or gross negligence.

For purposes of this Article, Employer means State of Alaska or designated representative of the State or an agency of the State.

ARTICLE 7

WORKING RULES

7.01 - Workweek.The normal workweek for overtime eligible employees shall consist of thirty-seven and one-half (37.5) hours in work or pay status from Sunday midnight to Sunday midnight within a maximum of five (5) consecutive days.All full-time employees shall be guaranteed a full workweek.Hours worked in excess of thirty-seven and one-half (37.5) hours, but less than forty (40) hours shall be paid at the straight time rate.

Overtime exempt employees shall normally work thirty-seven and one-half (37.5) hours per week. The normal workweek shall consist of five (5), seven and one-half (7.5) hour days; however, with the mutual agreement of the employee and supervisor, the individual daily work schedule may be adjusted to meet the needs of the agency and the desires of the employee.Hours worked in excess of thirty-seven and one-half (37.5) hours are not compensable except as otherwise provided in this agreement.

7.02 - Overtime.All work performed by overtime eligible members of the bargaining unit in excess of forty (40) hours of work in a workweek is overtime and shall be paid in accordance with the Fair Labor Standards Act.

7.03 - Compensatory Time.Compensatory time off for overtime eligible employees shall be in accordance with the Fair Labor Standards Act.Overtime shall be paid in cash except where an overtime eligible employee requests in writing compensatory time off and the supervisor approves the request.The decision to grant or deny compensatory time off is left to the sole discretion of management and shall be consistent with the Fair Labor Standards Act guidelines.An employee may accrue not more than 240 hours of compensatory time. Compensatory time off will normally be used during the pay period in which the overtime is worked.However, compensatory time not used between December 16 and December 15 of the following calendar year shall be cashed out to the employee at the employee's annualized hourly wage notwithstanding the initial request to have it accrue as compensatory time.

Compensatory time arrangements may be established by mutual agreement of the parties to compensate overtime ineligible employees for situations requiring inordinate amounts of work in excess of the normal workweek.

7.04 - Lunch Periods.A lunch period of not less than thirty (30) minutes nor more than one (1) hour shall be allowed, at the discretion of management, approximately midway of each shift.

7.05 - Relief Breaks.All full-time employees shall be allowed one (1) relief break of fifteen (15) minutes in duration during the first (1st) half of the shift and another relief break of fifteen (15) minutes in duration during the second (2nd) half of the shift.Past practice shall continue regarding relief breaks for part-time employees.

7.06 - Holidays.

A. Subject to the provisions of B below, holidays shall be:

The first of January - New Year's Day

The third Monday of January -Martin Luther King, Jr. Day

The third Monday in February - President's Day

The last Monday in March - Seward's Day

The last Monday in May - Memorial Day

The Fourth of July - Independence Day

The first Monday in September - Labor Day

The 18th of October - Alaska Day

The 11th of November - Veterans Day

The fourth Thursday in November - Thanksgiving Day

The 25th of December - Christmas Day

Every day designated by public proclamation by the Governor of the State as a legal holiday.

The holiday formerly known as Lincoln's Birthday shall be treated as a floating holiday.On the date of the holiday (February 12) the personal leave account of probationary/permanent employees in pay status on that date shall be credited with one (1) additional day of personal leave.

B. The Employer may direct all employees to work on a day designated to be observed as a holiday, except for New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.If all employees are directed to work on a day designated to be observed as a holiday, the employee's personal leave account shall be credited with an additional day of leave.For purposes of this section, observed means a day off work with pay.

C. If a recognized holiday falls on Sunday then the following Monday shall be a holiday, and if the recognized holiday falls on Saturday then the preceding Friday shall be a holiday.

D. Part-time employees shall be entitled to those holidays on which they are regularly scheduled to work and will receive compensation only for those hours for which they would have been regularly scheduled to work, not to exceed 7.5 hours.

E. Each employee shall be entitled to, and compensated for, the holidays listed above provided the employee was in pay status on the regular work day immediately preceding the holiday and in pay status on the regular work day immediately following the holiday.All hours worked by overtime eligible employees on a holiday shall be compensated at the rate of one and one-half (1.5) times the hourly rate of pay in addition to the applicable base wages for that holiday.

F. By mutual agreement, bargaining unit members may elect to work on a holiday listed in A. above.In that event, the parties shall use the letter of agreement in appendix D and the bargaining unit member’s personal leave account shall be credited with one day (7.5 hours) of personal leave.

7.07 - Distribution of Overtime.Compensable overtime shall be distributed as equally as is practical among employees in the same general classification within each agency.A record of actual compensated overtime hours worked will be maintained and made available for reasonable inspection by appropriate CEA representatives with prior approval of the employee.

7.08 - Continuous Hours of Work.An employee required to work a double shift shall not be required to work in excess of fifteen (15) hours within one (1) twenty-four (24) hour period except in an emergency.

7.09 - Termination Pay.When an employee provides the Employer with a written two (2) weeks notice of termination, the employee's wages become due immediately upon termination and shall be paid within five (5) working days.

7.10 - Frequency of Payday.Payday shall be the 15th and the last day of the month.If payday falls on a Saturday, Sunday or holiday, then the last working day before such Saturday, Sunday or holiday shall be the payday.Should the State desire to institute bi-weekly pay periods, the state and CEA shall immediately re-enter negotiations for the purposes of defining applicable pay procedures.

7.11 - Flexible Work Schedules.Flexible work hours may be established by the commissioner of the employing department.The commissioner or the commissioner's designee shall be the approving authority for requests for flexible hours.

7.12 - Alternate Workweeks.It is recognized that from time to time it is desirable to have employees work a schedule other than that provided in Section 1.An alternate workweek may be authorized by written agreement between the Human Resources Manager and the CEA under the provisions of Letter of Agreement CEA 99-KK-01 (Appendix B), with a copy sent to the Labor Relations Section.

Other alternate workweek agreements may be established by written agreement between the CEA and the Labor Relations Section subject to the following conditions:

A. The Employer shall retain final authority for scheduling hours of work.

B. The Employer or the CEA may cancel the arrangement at any time with at least five (5) working days written notice to the other party.

C. When an affected employee is absent, leave will be charged for the number of scheduled work hours missed.

D. No more than seven and one-half (7.5) hours of holiday pay will be allowed for any holiday.The written arrangement establishing the alternative workweek shall address how a full week's hours are to be achieved during workweeks which include a holiday.

E. Personal leave accrual rates shall remain unchanged.

7.13 - Shift Changes.Except in emergencies, an employee's shift will not be changed without at least five (5) working days notice prior to the effective date of the change.

7.14 - Flexible Time Plan.The parties recognize the normal workweek is 37.5 hours and that it may be necessary for overtime-exempt employeesto work extraordinary hours to meet the mission of the agency.An FLSA exempt employee who has been authorized to work additional hours may submit a written request to the division director for approval of a Flexible Time Plan to offset excessive hours of work with a reduction of normal work hours at a later time.

An approved Flexible Time Plan is subject to the following conditions:

1. An employee who works in excess of 50 hours in a workweek will be eligible for flextime credits retroactive to 42.5 hours of work in the week.

2. Flextime credits will accrue in one-half (0.5) hour increments.

3. No flextime credits may be earned for travel time.

4. No more than 12 hours of work per day may be counted toward the 50.0 hour per work week threshold or toward flextime credits.

5. No more than one hundred fifty (150) hours of flextime credits may be earned within a leave year.

6. Flextime credits may not be used in advance of performance.

7. Employees will document on the time sheet all hours worked and all flextime used.

8. Accrued flextime credits may be used at any time business permits with the prior approval of the supervisor in the same manner as personal leave.Requests to use accrued flextime will not be unreasonably denied.

9. Flextime credits earned in one leave year must be used by January 31, of the following year.Unused flextime credits will be cancelled without payment if not used by the January 31, deadline.Upon separation from state service or the bargaining unit, accrued flextime credits will be cancelled without payment.Accrued flextime credits may not be cashed out.

10. Disputes regarding the accrual or use of flextime credits are subject to the complaint procedures of Section 12.04.A.This shall be the sole and exclusive method of resolving such disputes.

11. Flextime credits will be tracked and credited manually until the state implements an automated tracking system.The automated tracking system shall be in place no later than July 1, 2000.

ARTICLE 8

LEAVE

8.01 - Rate of Accrual.All full-time employees holding permanent, probationary or provisional status shall accrue personal leave as follows:

Years of Service Hours Per Pay Period

0 - 2 7.50

2 - 5 8.44

5 - 10 9.38

10 + 11.25

Personal leave accruals for partial months of service will be on a prorated basis.Employees who work less than full-time shall accrue personal leave on a prorated basis according to the above schedule and hours in pay status.Accrued leave shall be posted on a semimonthly pay period and shall be available for use when posted.In determining years of service for the purpose of computing personal leave, all permanent/probationary/provisional service with the Territory and State of Alaska is included.

Employees transferring into the bargaining unit who have accrued annual leave shall have the hours of annual leave transferred to the employee's personal leave account.

8.02 - Changes of Accrual Rate.All accrual rate changes shall become effective the first day of the pay period following the pay period in which the employee completes the service requirement and becomes eligible for the higher accrual rate.

8.03 - Medical Leave Bank and Transfer of Accrued Sick Leave.

A. An employee who transfers into the Confidential Unit who has accrued sick leave shall have 40 percent of that sick leave transferred to the employee’s personal leave account and 60 percent of that sick leave transferred to a medical leave bank.Banked medical leave may only be taken in accord with this article.

B. Medical Leave Bank.Such leave is to be used only in the event of illness or injury of the employee or the employee's immediate family, or other events authorized in this article.There will be no further additions to the medical leave bank.

The medical leave bank balance can be authorized for use only after the personal leave balance has been exhausted, except that any one (1) medical disability which prevents the employee from working, as certified by the attending health care provider, which exceeds seven (7) consecutive working days shall be charged as follows:

1. shall be charged to personal leave up to a maximum of seven (7) consecutive working days.

2. after exceeding the seven (7) consecutive days charged to personal leave, the additional leave shall be charged to the medicalleave bank.

3. if the medical leave bank has been exhausted, the leave shall be charged to personal leave.

Such illnesses shall in all cases require a report from a health care provider recognized under the FMLA.

C. Except as otherwise provided in this article, upon separation from state service, one-half the hours in an employee’s medical leave bank shall be transferred to the CEA Catastrophic Medical Leave Bank.The Labor-Management Committee established at Article 11 shall develop the procedures regarding use of this leave bank.

8.04 - Utilization and Disposal.Personal leave shall be used for any and all purposes for which sick and/or annual leave have heretofore been used.This includes medical or dental appointments, and illness or injury of the employee or the employee's immediate family.

Personal leave requests require the prior approval of the supervisor except in the case of illness or injury to the employee.Employee requests shall be given full consideration and, to the extent practicable, approved.However, the parties agree that the final decision with regard to approval or disapproval of any request will be based on the supervisor's evaluation of the needs of the job.In an absence due to illness or injury, the supervisor may require a physician's certificate.Employees will not be required to provide a physician's certificate for illnesses of less than three (3) days unless improper use is suspected.

Personal leave accrued but not used shall accumulate until separation; however, at least 37.5 hours of personal leave must be used each full leave year (December 16 of one (1) calendar year through December 15 of the following calendar year).Approved leave without pay and Personal leave cashed-in pursuant to Section 8.07 of this article shall count toward the mandatory 37.5 hours usage.Part-time employees shall have the mandatory leave requirement prorated based upon the number of hours the employee is regularly scheduled to work.

If the employee fails to use the 37.5 hours in any full leave year, the employee shall be entitled to payment for the unused portion.This payment shall be at the employee's annualized hourly rate and shall be included in the first (1st) regular payroll following the close of the leave year.The period of time for which payment is made will be deducted from the employee's personal leave balance.It is understood that, should the employee fail to schedule the 37.5 hours leave, the Employer may direct that the employee take the personal leave at any time to satisfy the 37.5 hours requirement.

8.05 - Separation.

A. Employees who separate from State service for any reason including layoff shall receive within seven (7) days a lump sum payment for accrued personal leave in accordance with statutory provisions in effect on the date of separation.

B. Employees who go on personal leave and subsequently give notice of resignation, or who do not return to work, will be considered to have separated on the last day worked.No additional leave will accrue after the last day worked.

C. Any exception to the policy stated in B. of this section requires the prior written approval of the Commissioner of the Department of Administration.

D. Upon separation from state service, the sick leave bank balance shall be automatically canceled without pay except in case of death of an employee who, at the time of death, is a bargaining unit member.All unused sick leave shall be paid to the employee's designated beneficiary in a lump sum at the employee's annualized hourly rate of pay.

8.06 - Funeral Leave.If a death occurs among members of an employee's immediate family, the employee will be excused from work and allowed to use up to 75 hours of leave to attend the funeral and make arrangements.The funeral leave time will be charged first to personal leave, then to the banked sick leave or, if no leave is available, to leave without pay.Additional days may be authorized under extenuating circumstances.Immediate family, for the purpose of funeral leave, shall mean husband, wife, child, father, mother, sister, brother, father-in-law and mother-in-law, grandparents, grandchildren, and stepchildren.

8.07 - Leave Cash-In.Employees having in excess of 37.5 hours of personal leave shall, upon request to the Employer, receive payment for accrued but unused personal leave.Under no circumstances may an employee receive a leave cash-in which would reduce the employee's leave balance below 37.5 hours.Payment will be made no later than one (1) pay period following the pay period in which the request is received.

8.08 - CEA Leave Bank.Upon written authorization, new employees in the bargaining unit shall have seven and one-half (7.5 hours) of personal leave assessed and transferred to the CEA Leave Bank as soon as a sufficient amount is posted to individual leave accounts.Such reduction shall not be applied toward the mandatory leave usage as required in Section 4 of this Article.

The purpose of the Bank is to provide CEA with a reserve of personal leave to provide for employee training, Association business meetings, contract negotiations and other purposes authorized by the CEA President.Voluntary contributions in increments of seven and one-half (7.5) hours may be made by anyemployee.

Each leave assessment and contribution will be converted to its dollar value at the rate of pay of the employee from whom the leave was received.Those dollars (with benefit costs) shall be placed in the CEA Cash Business Leave Bank. For each hour of business leave used in accordance with other provisions of this section, dollars will be withdrawn from the bank equal to the hourly rate (with benefits) of the employee utilizing the leave.

Upon notice by the President of CEA to the Employer, each employee who has authorized a deduction will be assessed personal leave in equal amounts.

All personal leave transferred to the Bank is final and not recoverable for recredit to an employee's individual leave account.

Withdrawal requests from the CEA Leave Bank will be made by the President of CEA addressed to the Director of the Division of Personnel.The President and officers of CEA assume complete responsibility for:

1.evaluating requests for use of the Leave Bank;