Collective Bargaining Agreement
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This Agreement made and entered into this 1st day of September, 2013 by and between FREE GEEK, hereinafter referred to as “the Employer” or “Management” and the COMMUNICATIONS WORKERS OF AMERICA, hereinafter referred to as the “Union.”
- 1 Article One - Recognition, Responsibility and Respect
- 2 Article Two - Management Rights
- 3 Article Three - Advisory Committees
- 4 Article Four - Categories
- 5 Article Five - Shifts and Vacancies
- 6 Article Six - Administrative Time
- 7 Article Seven - Seniority
- 8 Article Eight - Training
- 9 Article Nine - Holidays
- 10 Article Ten - Employee Leave
- 11 Article Eleven - Wages
- 12 Article Twelve - Benefits
- 13 Article Thirteen - Discipline and Discharge
- 14 Article Fourteen - Union Security
- 15 Article Fifteen - Payment of Union Dues
- 16 Article Sixteen - Union Representation
- 17 Article Seventeen - Right of Employee to Union Representation
- 18 Article Eighteen - Grievance Procedure and Arbitration
- 19 Article Nineteen - Federal, State and Local Laws
- 20 Article Twenty - Non-discrimination
- 21 Article Twenty-One - Layoffs
- 22 Article Twenty-Two - Amendments
- 23 Article Twenty-Three - Workplace Safety Advisory Committee
- 24 Article Twenty-Four -- Performance Reviews
- 25 Article Twenty-Five - Calculation of Hours
- 26 Article Twenty-Six - Duration
Article One - Recognition, Responsibility and Respect
We recognize that:
a. Free Geek is a nonprofit corporation with employees and volunteers, including the Board of Directors;
b. Free Geek is dependent upon the quality and dedication of its employees to achieve its mission;
c. The Union is the exclusive representative of the bargaining unit, which is all full-time and regular part-time staff (known as temporary employees, apprentices, probationary employees, and regular employees) (“employees”) for collective bargaining in respect to the rates of pay, wages, hours of employment and benefits;
d. Excluded from the unit are the Board of Directors, volunteers, managers, guards, supervisors and confidential employees as defined in the National Labor Relations Act;
e. Further excluded from the unit are educators scheduled to work fewer than eight (8) hours per week, as well as other occasional employees whose status is negotiated with the Union on a case-by-case basis; and
f. It is in the best interest of Free Geek and the wider community that all dealings between Free Geek and the bargaining unit continue to be characterized by mutual responsibility and respect.
Article Two - Management Rights
The management of Free Geek and the direction of the workforce are vested exclusively in the Employer except as modified by the terms of this Agreement. All matters not specifically or expressly covered or treated by the language of this Agreement shall be administered by the Employer as the Employer shall from time to time determine.
The Employer agrees to bargain the effects of the changes on the employees. The Employer and the Free Geek shop stewards shall meet on a minimum quarterly basis (or more often if needed) to discuss changes, problems and possibilities in the work place.
Article Three - Advisory Committees
The parties agree that transparency and feedback is conducive to a well-run and mutually respectful working environment. The Employer may establish advisory committees composed of employees and Employer representatives and may include others (such as volunteers and board members) in the makeup of such committees. The purpose of these committees is to examine Free Geek's activities and propose courses of action toward the end of furthering Free Geek's mission.
Article Four - Categories
Non-management employees fall within the following categories:
Bargaining unit employees fall within the following categories:
Temporary employees fill regular shifts on the standard work schedule for a limited range of time, typically three months or less.
Apprentices are temporary employees who work at Free Geek as a part of its mission to promote job training. Apprentices work on a temporary basis for up to approximately one year. When apprenticeships are funded externally, the Employer may terminate the apprenticeship if the funding is terminated by the external agency.
A probationary employee is a new employee hired for a regular-track, temporary or apprentice position who has not yet successfully passed a six-month evaluation. The probationary period can be extended by mutual agreement. Probationary employees are at-will.
Once non-temporary probationary employees successfully pass their probationary evaluation they are considered regular employees with just cause termination rights, subject to the union grievance process.
Full-Time and Part-Time Employees
Full-time employees are those in the above mentioned categories who are regularly scheduled to work 35 hours per week or more. Part-time employees are those in the above categories who are regularly scheduled to work fewer than 35 hours per week. When the Employer determines that a part-time hire is necessary, the Employer will provide the Union with all necessary documentation (e.g., a minor to be hired; replacing a part-timer because of no volunteers to pick up the extra hours, etc.) to explain the hire.
Article Five - Shifts and Vacancies
Section One. Work week and shift length
Free Geek's work week is from Monday through Sunday. Employees shall have two (2) consecutive days off unless waived by mutual agreement between an employee and their supervisor. Employees may occasionally be scheduled for projects or meetings outside of that standard work week. A shift is a minimum of 4 hours.
Section Two. Rest periods and meal times
Employees are provided paid fifteen (15) minute rest breaks and a minimum of thirty (30) minutes of unpaid meal time in accordance with wage and hour laws in the State of Oregon. When volunteers, customers or donors are present in an area, the Employer will either ensure coverage by a minimum of one paid staff member or close that area during breaks and meal times.
Section Three. Schedule posting
The Employer maintains a schedule of work shifts that is made available to all employees. The Employer appoints one or more schedulers who maintain the work schedule, receive schedule change requests, and publish the schedule in a reasonable time frame. The Employer will notify an employee if a schedule change is expected to occur in a following week.
Changes to the schedule are posted for the following week no later than the end of the day each Wednesday. All employees are expected to check the schedule for any changes in the upcoming week. The Employer may make changes to the published schedule at any time in order to show meetings or other work changes mutually agreed upon with affected employees.
Section Four. Limited-duration schedule change notice
When a limited-duration change in the schedule is needed due to an unexpected change in the amount of work needing completion or an unexpected absence, the Employer notifies the affected employee electronically, by phone, or in person.
When such a short-term schedule change results in an extra shift, the Employer attempts to fill the shift with a qualified available employee already employed as a regular-track, temporary or probationary employee.
If there is ten (10) work days or more notice of the limited duration shift, the Employer attempts to fill the shift with a qualified available employee, by seniority, already employed as a regular-track, temporary, or probationary employee. In the event an extra shift becomes ongoing, the same method as in Section Five of this Article will be employed to determine how it is filled.
Overtime shall be by volunteer employees only, and volunteer employees shall be selected in order of seniority if there are more volunteer employees than overtime opportunities.
Section Five. Job vacancies
When there is a regular-track job vacancy, the job will be announced to the bargaining unit. Hiring preference will be given to current qualified bargaining unit employees who are interested in the vacancy. If multiple employees are equally qualified for the job, it will be offered to the most senior employee.
The Employer must seek the consent of the union to suspend hiring preference for current employees to pursue a “hire of opportunity” when there is a particularly desirable qualified external candidate (e.g., a candidate who will help Free Geek meet a stated diversity goal, or who possesses a skill of great benefit to Free Geek that is not specifically called for in the job description for the vacancy).
Article Six - Administrative Time
Administrative Time Defined
Administrative time is time scheduled by Free Geek for employees to keep up with communication, correspondence, and documentation changes that affect their job. Service on advisory committees and professional development opportunities are not included in administrative time.
Free Geek commits to providing the resources necessary for employees to perform their jobs. Free Geek schedules two and a half (2.5) hours of administrative time per work week for full time employees. Part-time employees scheduled to regularly work at least twenty (20) hours per work week will be allotted one and a half (1.5) hours per work week. If Free Geek asks employees to cover a floor shift that conflicts with their scheduled administrative time, such employees may request having the missed administrative time rescheduled.
Employees may request additional scheduled administrative time in order to successfully fulfill their job description, subject to Employer review and approval. Requests should be made to their supervisor.
Article Seven - Seniority
Seniority is defined by length of service and based upon an employee's start date. If an employee ceases working at Free Geek for a period of more than six months, that employee loses seniority. If they are re-hired within six months of ceasing to work, their seniority is retained. A seniority list will be maintained by the Employer and a copy furnished upon request. Seniority applies to Layoffs (Article Twenty-One) and Shifts and Vacancies (Article Five).
Article Eight - Training
Training required by the Employer for employees generally shall be conducted during their regularly scheduled hours. Employees generally will be offered an opportunity to make up required trainings.
The Employer will pay for the cost of any training required by the Employer. The Employer will pay the employees the regular rate of pay during the required training.
Categories of Training
Orientation: The Employer agrees to orient all new employees to elements like basic office procedures, an overview of the Employer and its departments, general expectations for paid workers and other key policies, and enrollment for benefits. Orientation will be conducted by a qualified manager.
Job Duties Instruction: The Employer agrees to give all new employees a minimum of two (2) hours of formal job duties instruction per work area the employee will be regularly scheduled to work in. This instruction will occur at a time and place where volunteers, donors and customers are not present. This instruction will be conducted by a qualified manager.
Job Shadowing: The Employer agrees to give all new employees a minimum of four (4) shifts of job shadowing where there are volunteers, donors or customers--or a minimum of two (2) shifts if there are regularly no volunteers, donors or customers in a work area--per work area the employee will be regularly scheduled to work in. The exception to job shadowing would be for a new area where there is no already qualified employee to shadow. Shadowing consists of observing other employees performing their duties, asking questions of such employees when their attention is not needed by volunteers, donors or customers, and assisting in ways appropriate to their level of knowledge, skills and abilities. Shadowing employees should never be left alone in a work area. Being shadowed is an expectation for all qualified employees.
Cross-Training: The Employer encourages all employees to explore work areas outside of the ones they are regularly scheduled to work in and to take Free Geek classes not directly related to the employee's job description. The Employer will maintain a formal policy that covers such cross-training and classroom study opportunities and will negotiate any changes to this policy with the Union.
Notice of Meetings
Employees generally will be given one seven (7) calendar days notice of mandatory meetings except in emergencies. Mandatory meetings shall be paid time.
Ongoing training required to perform work-related duties
When knowledge of the working of a new system, program or procedure is required for the employee to perform job-related duties, employees will be trained after decisions to change or revise systems, etc. Supervisors will establish a training timeline and a monitoring schedule to ensure that employees receive the appropriate training and support. All employees are expected to complete training within the established timeline unless there are extenuating circumstances, as determined by the supervisor. No employee shall be disciplined for work performance related to a new system or program until after the employee has had the opportunity to complete the training related to the new system, program or procedure.
Article Nine - Holidays
Section One. Eligibility
Temporary, Apprentice and Regular-track employees will receive pro-rated holiday pay based on their standard weekly hours as defined in Article Twenty-Five of this Agreement.
Section Two. Standard holidays
Free Geek will be closed on the following holidays unless enough staff volunteer to work at least thirty-five (35) calendar days in advance of each holiday. Employees who work on a standard holiday, in the event that part or all of Free Geek is open, will receive their full holiday pay along with regular pay for the hours worked.
Independence Day: Thursday, July 4
Labor Day: Saturday, August 31
Thanksgiving Weekend: Thursday through Saturday, November 28, 29, 30
Christmas Eve: Tuesday, December 24
Christmas Day: Wednesday, December 25
New Year's Eve: Tuesday, December 31
New Year's Day: Wednesday, January 1
International Worker's Day: Thursday, May 1
Memorial Day: Saturday, May 24
Independence Day: Friday, July 4
Labor Day: Saturday, August 30
Thanksgiving Weekend: Thursday through Saturday, November 27, 28, 29
Christmas Eve: Wednesday, December 24
Christmas Day: Thursday, December 25
New Year's Eve: Wednesday, December 31
New Year's Day: Thursday, January 1
International Worker's Day: Friday, May 1
Memorial Day: Saturday, May 23
Independence Day: Saturday, July 4
Labor Day Saturday: Saturday, September 5
Thanksgiving Weekend: Thursday through Saturday, November 26, 27, 28
Christmas Eve: Thursday, December 24
Christmas Day: Friday, December 25
New Year's Eve: Thursday, December 31
New Year's Day: Friday, January 1
International Worker's Day: Saturday, April 30
Memorial Day: Saturday, May 28
Independence Day: Saturday, July 2
Section Three. Additional holidays
Free Geek may elect to provide additional partial or full days as paid holidays during a year.
Article Ten - Employee Leave
Section One. Standard Paid Time Off (PTO)
The purpose of PTO is to give employees the opportunity for rest and reflection through vacation time and the discretion to take care of their mental and physical well-being through short-term sick leave.
Temporary, apprentice and regular-track employees will accrue PTO based on length of service. This accrual is a straight fraction, listed below, of every hour paid (excluding holiday pay).
|Length of Service||Percentage||PTO Based on||Max Accrual (Cap)|
|at hire||3.90%||2 weeks per year||200 hours|
|after 2 years||4.80%||2.5 weeks per year||240 hours|
|after 3 years||5.77%||3 weeks per year||260 hours|
|after 4 years||7.70%||4 weeks per year||280 hours|
|after 5 years||9.60%||5 weeks per year||320 hours|
Free Geek will make PTO increases in such manner as is most convenient to the established payroll system. The Employer may choose to increase PTO either on the first day of the pay period immediately following the employee's anniversary date or on the first day of the first full payroll period in the quarter containing an employee's anniversary date (January, April, July, or October). The method chosen will apply uniformly to all employees. The Employer will notify the bargaining unit before any change in method occurs.
Employees must request scheduled PTO with at least ten (10) working days advance notice. A response to the request shall be given within five (5) calendar days. Approved PTO will appear on the schedule per Article Five.
The Employer may accept a shorter notification period on a case-by-case basis for emergency situations.
Employees who need to use unscheduled PTO must follow established policies and procedures for reporting absences and/or late arrivals.
Section Two. Documented Sick Leave (DSL)
The purpose of DSL is to provide for employees' financial security during extended periods of illness. Temporary, apprentice and regular-track employees will accrue DSL based on length of service. This accrual is a block amount based on standard weekly hours as defined in Article Twenty-Five of this Agreement, listed below.
|Length of Service||Amount||Max Accrual (Cap)|
|at hire||1 week per year||120 hours|
|after 3 years||2 weeks per year||260 hours|
The full annual accrual is added to the employee's balance on their start date and on their anniversary date each following year.
To claim DSL, an employee must provide the Employer with a signed statement from the treating medical professional that the employee's absence was recommended for their own health or the health of the general public.
There is no minimum number of hours an employee must claim for each instance of DSL.
Section Three. Unpaid Time Off
Regular-track employees may request up to a month of unpaid time off per year, which the Employer will consider on a case-by-case basis in accordance with established policies and procedures.
Article Eleven - Wages
These are the base wage rates for Employees for each year of the Contract:
Year One (beginning Monday, July 22, 2013)
|Length of Service||Base Wage|
|after 1 year||$12.92|
|after 2 years||$13.30|
|after 3 years||$13.68|
|after 4 years||$14.06|
|after 5 years||$14.44|
|after 6 years||$14.82|
|after 7 years||$15.20|
Year Two (beginning Monday, July 21, 2014)
|Length of Service||Base Wage|
|after 1 year||$13.11|
|after 2 years||$13.50|
|after 3 years||$13.89|
|after 4 years||$14.27|
|after 5 years||$14.66|
|after 6 years||$15.04|
|after 7 years||$15.43|
Year Three (beginning Monday, July 20, 2015)
|Length of Service||Base Wage|
|after 1 year||$13.31|
|after 2 years||$13.70|
|after 3 years||$14.09|
|after 4 years||$14.48|
|after 5 years||$14.88|
|after 6 years||$15.27|
|after 7 years||$15.66|
Nothing in this Agreement shall preclude the Employer from giving wage increases, bonuses or other compensation to individual employees after notice to the Union.
Free Geek will make wage increases in such manner as is most convenient to the established payroll system. The Employer may choose to increase wages either on the first day of the pay period immediately following the employee's anniversary date or on the first day of the first full payroll period in the quarter containing an employee's anniversary date (January, April, July, or October). The method chosen will apply uniformly to all employees. The Employer will notify the bargaining unit before any change in method occurs.
Article Twelve - Benefits
Section One. Health and dental care
The basic health and dental care plans are available for employee-only to all Apprentices and Regular-track employees with standard weekly hours of twenty-four (24) hours or more. Free Geek may choose to extend these benefits to other employees at the discretion of the Employer. This benefit will begin on the first day of the calendar month after the employee's first day of work.
The employee contributes a percentage of the employee-only cost depending on the employee's standard weekly hours as defined in Article Twenty-Five of this Agreement. Free Geek contributes the remaining employee-only amount to make up the total cost of the basic plan.
If an employee opts for a higher cost plan, the figures for the basic plan are used to calculate the amount Free Geek will match, and the remaining amount will be paid by the employee. Free Geek offers dependent coverage, 100% of which is paid for by the employee.
|Hours bracket||Employee Only Coverage Contribution|
|24 to 31.99||8.00%|
Health and Dental Care Re-opener
At the request of either party made no more than five (5) and no less than two (2) weeks prior to the one-year anniversary of the effective date of this Agreement, the Employer and the Union will schedule negotiations for the purpose of possible amendments to Article Twelve, Section One of this Agreement.
Section Two. Oregon Family Leave Act (OFLA)
The Employer agrees that the Oregon Family Leave Act applies to Bargaining Unit members, and includes their domestic partners regardless of gender or official status, as well as the children and relatives of those domestic partners.
Section Three. Retirement benefits
The Employer will consult with the Union before altering its retirement benefit for regular-track employees.
Article Thirteen - Discipline and Discharge
Whenever possible, an employee’s supervisor will use informal counseling with with the employee to resolve performance issues, or policy and procedure violations, before getting into the formal disciplinary process. When it is necessary to resort to formal discipline, Free Geek intends the process to be constructive rather than punitive. The Employer follows a progressive disciplinary process with four levels: Formal Counseling, First Written Warning, Final Written Warning and Recommendation for Termination. Severe or dangerous misbehavior by an employee can result in immediate discipline starting at any level up to and including Recommendation for Termination. The employee receives documentation outlining the reasons for the action taking place, the expectations that have now been set for the employee, what the next steps to be taken are, and when the expectations are to be reviewed.
The discipline, suspension or discharge of a non-probationary bargaining unit employee covered by the terms of this Agreement shall be for cause in accordance with established policies and procedures for progressive discipline. A claim that the discipline, suspension or discharge of a non-probationary employee was without cause shall be subject to the grievance and arbitration procedures of this Agreement.
Article Fourteen - Union Security
It shall be a condition of employment that all employees of Free Geek covered by this Agreement, who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, not later than the 30th day following the beginning of such employment, become and remain members in good standing in the Union by payment of the regular monthly fees.
In the event the Union does not accept into membership any employee tendering the regular monthly Union fees the foregoing paragraph shall not be applicable, provided, however, that the Union may at any time thereafter decide to take such employee into membership, in which case said employee shall be required to tender the full regular monthly fees in effect in the Union eight (8) days following notification by the Union and shall thereafter be required to maintain his or her membership in accordance with the provision of the foregoing paragraph. In the event that such employee fails to comply with this paragraph, the Union shall notify the employer and the employer shall discharge said employee within forty-eight (48) hours.
Article Fifteen - Payment of Union Dues
The Union provides new employees with a union dues authorization and application form, in a thirty (30) minute orientation with a union steward scheduled and paid for by the Employer.
Free Geek agrees upon receipt of an acceptable union dues deduction authorization card signed voluntarily by an employee, and notification by the Union of acceptance of said employee into membership, to deduct the amount of union dues (excluding initiation fees, fines and special assessments) certified to Free Geek by the Union. Deductions shall continue until written cancellation is provided to the Employer.
Free Geek will make deductions in such manner as is most convenient to the established payroll system and pay to the Union the amount of these deductions once per month.
Free Geek will supply the Union with an updated list of the employees in the bargained-for unit on a monthly basis. The list will include the employee's name, home address, social security number, and the term of employment.
The Employer shall notify the Union of an employee that terminates employment with the Employer.
An employee authorization shall be automatically canceled upon termination of employment. An employee's authorization shall be suspended upon a leave of absence in excess of thirty (30) calendar days. The employee's authorization shall be reinstated after a return from a leave of absence.
Any change in the amount of monthly Union dues will be certified to the Employer by the Secretary-Treasurer of the Communications Workers of America. A certification which changes the dues shall become effective the first day of the pay period following the date the Employer receives such notification.
Article Sixteen - Union Representation
As part of each bargaining unit employee's orientation, the employee will be introduced by the Employer to a designated Union Steward.
A Steward system shall be established and serve as the first line of Union representation.
Steward Functions which will be paid for by the Employer
The paid function of the stewards shall be to present any grievance arising under the terms and conditions of this Agreement that has been requested by an employee or employees and to attend any meetings with representatives of the Employer when such meetings are necessary to present any such grievances. Stewards will be given a reasonable amount of unpaid time on the job to investigate after notice is given and as long as it does not interfere with daily operations of the Employer.
The Employer agrees that the stewards shall be free to conduct their duties as long as such duties do not interfere with Free Geek's normal conduct of business. Only one (1) steward shall be in pay status when presenting any grievance. Up to two (2) stewards shall be in pay status during meetings with the Employer's representatives over a specific grievance when neither the grievant nor another member of the bargaining unit is present, and one (1) steward shall be in pay status if the grievant or another member of the bargaining unit is present.
Identification of Stewards
The Union shall notify the Employer of the names of stewards and officers of the local.
Paid Meetings for the Entire Bargaining Unit
Employees shall be paid for bargaining unit meetings scheduled by the Employer on Free Geek premises during Free Geek hours, when decisions must be made for the good of Free Geek. For example, when the Employer requests that the bargaining unit select a representative for a Free Geek committee.
Article Seventeen - Right of Employee to Union Representation
Bargaining unit employees subject to discipline have the right to union representation in accordance with Weingarten Rights, including representation at investigatory and disciplinary meetings.
Article Eighteen - Grievance Procedure and Arbitration
A grievance is defined as a complaint, dispute, controversy, or difference between Bargaining Unit member(s) and the Employer, which arises during the term of the Agreement and involves an alleged violation of the terms and conditions of this Agreement.
The Employer and the Union endorse the general proposition that, whenever possible, grievances, complaints and other disputes shall be resolved at the lowest possible level, and specifically between the employee and their supervisor. Both parties will extend efforts to establish a working relationship between the employees and supervisors. If any grievances arise, including but not limited to a grievance concerning a discharge or a substantially excessive continuous workload, or a dispute regarding the interpretation of language, it shall be submitted under the following grievance procedure. Time limits set forth in the following steps may only be extended by mutual consent of the parties hereto.
Step 1 – Supervisor
The employee or group of employees and a Union Steward if requested by the employee(s), shall present the grievance in writing to the manager (which, depending on circumstances, may be the Department Head) no later than thirty (30) calendar days after the event giving rise to the grievance. The supervisor shall respond in writing to the grievance within ten (10) working days of receipt of the grievance.
Step 2 - Department Head
If the matter is not resolved at Step 1 to the employee's satisfaction, the grievance may be referred in writing to the employee's Department Head or designee who has not previously met on the specific grievance within ten (10) working days of the Step 1 response. Within ten (10) working days of receipt of the Step 2 grievance, a meeting shall occur between the Department Head or designee, the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the Department Head or designee will provide a written response.
Step 3 - Grievance Designee(s)
If the matter is not resolved at Step 2 to the employee’s satisfaction, the grievance may be referred in writing to the Grievance Designee(s) (which will be selected by the Board of Directors and who has not previously met on the specific grievance) within ten (10) working days of the Step 2 response. Within ten (10) working days of receipt of the Step 3 grievance, a meeting shall occur between the Grievance Designee(s), the employee and the Union Steward and/or Union Organizer. Within ten (10) working days of that meeting, the Grievance Designee(s) will provide a written response.
Step 4 - Arbitration
If the grievance is not settled on the basis of the foregoing procedures, either the Employer or the Union may notify the other party, in writing, of their intent to submit the issue for arbitration within twenty-one (21) calendar days following the receipt of the response from the Grievance Designee(s). If the Employer and the Union fail to agree on an arbitrator within fourteen (14) days, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the arbitrator. The arbitrator's decision shall be final and binding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred incident to the arbitration hearing. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other party.
Suspension, Demotion and Discharge
Suspension, demotion or discharge grievances will be submitted initially at Step Two (2) and then proceed through the grievance/arbitration procedure.
Article Nineteen - Federal, State and Local Laws
In the event any Federal, State or local law conflicts with the provisions of this Agreement, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Agreement shall continue in full force and effect.
Article Twenty - Non-discrimination
Neither the Management nor the Union shall discriminate against any employee because of such employee's race, religion, sex, sexual orientation, gender identity, gender expression, marital status, family structure, age, national origin or other status protected by applicable non-discrimination laws.
The Management shall not interfere with, restrain, coerce, intimidate, or otherwise discriminate against any employee because of membership or lawful activity in forwarding the interests or purposes of the Union.
Article Twenty-One - Layoffs
A layoff is defined as a separation of an employee from service due to downsizing or reorganization.
The Employer shall notify the Union and all employees at least thirty (30) days in advance, in writing, of potential or pending layoff of employees and the reasons for such actions. The Union shall have one week from receipt of notification to request a meeting to discuss the reasons for the layoff and engage in joint problem solving.
In the event of a reduction in Free Geek staff, the Employer has sole discretion to determine which work areas will be affected. An employee shall be laid off in order of reverse seniority in affected work areas. The Union and the Employer shall meet to discuss the effects of the layoffs.
Return From Layoff List
Prior to the effective date of a layoff, the employee(s) may choose to be placed on a return from layoff list. An employee on the list shall provide the Employer with a resume which may be updated while in layoff status if additional skills are attained through training, education, or work experience. It is also the responsibility of the employee on the list to provide the Employer with a any changes in contact information.
Employees on the return from layoff list will be recalled by seniority at the time of layoff for vacant positions for which they are qualified, until the available appropriate vacancies have been filled. Employees may be removed from the list if they decline two (2) recall offers or they cannot be contacted due to out of date contact information. Laid off employees will be provided, in writing, with the method for updating contact information before their lay-off date. The employer will not be required to maintain an employee on the return from layoff list for longer than twelve (12) months from the date of layoff.
Article Twenty-Two - Amendments
All matters within the scope of bargaining have been negotiated and agreed upon. The terms and conditions set forth in this Agreement represent the sole and complete understanding and commitment between the Employer and the Employees for the duration of this Agreement. Both parties may agree to open negotiations on an Article before the expiration of this Agreement.
Article Twenty-Three - Workplace Safety Advisory Committee
Free Geek will institute a workplace safety advisory committee to work with all staff and volunteers at Free Geek to address safety issues. The committee may make recommendations for policies and procedures regarding issues such as, but not limited to, gloves and other safety equipment, appropriate volunteer to staff ratios, building safety, first aid, lifting and stacking, etc. The bargaining unit may select one or two representatives to this committee. The Employer will appoint one or two representatives to the committee, empowered to authorize actions recommended by the committee within boundaries set by law and current Free Geek policies.
Article Twenty-Four -- Performance Reviews
Free Geek strives to provide each regular-track employee with an accurate and current job description. It is the Employer's intention to work with employees when developing their job descriptions and to base any performance reviews on those job descriptions and general expectations for all paid workers.
When performance evaluations occur, they shall be based entirely on the job description and Free Geek policies. All reasonable attempts shall be made to clearly delineate requirements and a path for improvement. Evaluations shall occur before the end of the trial period and annually thereafter. No evaluation shall be entered into an employee's file until the employee has had an opportunity to read, comment on and sign it.
The supervisor shall discuss the performance evaluation with the employee. The employee shall have the opportunity to provide written comment within thirty (30) days. Such written comments shall not be used as a basis for disciplinary action, layoff, or any other reprisal.
Article Twenty-Five - Calculation of Hours
Standard weekly hours
The standard weekly hours number is a number that reflects how many hours an employee is typically scheduled to work, including administrative time, in a work week. Standard weekly hours apply to temporary, apprentice and regular-track employees. This number affects holiday pay and health and dental care benefits.
In no case will the standard weekly hours number for an employee be greater than forty (40) hours per week.
The Employer will conduct a quarterly review of standard weekly hours, unless the employee requests one earlier.
If, upon mutual agreement between the employee and the Employer, the employee's scheduled work hours change, the Employer will adjust the standard weekly hours prospectively to reflect that change.
Article Twenty-Six - Duration
This Agreement shall become effective on September 1, 2013 and shall remain in full force and effective for an initial period of thirty-six (36) months, and shall be considered self-renewing for yearly periods thereinafter, unless notice in writing is given by either party at least sixty (60) days prior to the expiration date that the party giving notice desires to change, modify or cancel (it being understood and agreed that a notice of change or modification shall not be construed as a notice of cancellations).
It is further agreed and understood that in the event of any such change or modification of this Agreement such change or modification shall be reduced to writing and signed by the parties.
In the event notice in writing to change or modify this Agreement has been given by either party, and the parties are not able to reach agreement, then either party may cancel the Agreement within ten (10) days by submitting a written notice.
Signed this 1st day of September, 2013, by:
|For CWA Local 7901:||For Free Geek (Employer):|