THIS AGREEMENT IS MADE PURSUANT TO ARTICLE 14 OF THE CIVIL SERVICE LAW AND
ENTERED INTO AS OF THE 1ST DAY OF SEPTEMBER, 2000, BETWEEN THE COUNTY OF ONTARIO
AND FINGER LAKES COMMUNITY COLLEGE, HEREINAFTER CALLED THE "EMPLOYER", AND
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ONTARIO
COUNTY LOCAL 835, FINGER LAKES COMMUNITY COLLEGE EMPLOYEES UNIT 7850-02,
HEREINAFTER CALLED THE " UNION."
IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT
REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW
OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL
THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
ARTICLE 1: RECOGNITION
1.1. Bargaining Unit Definition
The Employer hereby recognizes the Union as the exclusive negotiating agent of
all of the employees of FINGER LAKES COMMUNITY COLLEGE with the exception of the
following:
Administrative Positions
Professional Positions
Teaching Positions
Management Confidential Positions
Seasonal Positions
Temporary Positions
Student Aide/College Work Study
Each new position or new job title not excluded in the paragraph above which is
created by the Employer during the term of this Agreement which by the job
description reports to the Board of Trustees, or the College President, shall
be excluded from the unit and all other new positions shall be included in the
unit.
1.2 Discrimination, Prohibition of
If a dispute under this provision is not settled after the completion of Step 3
of the grievance procedure, the arbitration provisions shall not apply, and the
dispute may be processed through the appropriate state or federal enforcement
agency.
1.3 Seasonal Employees
For purposes of this Agreement, a seasonal employee shall be defined as an
employee hired for any number of hours of work per week, but whose total
employment period will not exceed six consecutive calendar months.
1.4 Part-Time Employees
Part-time employees shall be defined as employees who are regularly scheduled to
work twenty hours or less per calendar week.
1.5 Part-Time Employee Benefits
Recognition of the Civil Service Employees Association, Inc., Local 1000,
AFSCME, AFL-CIO, Local 835, Finger Lakes Community College Unit as the sole and
exclusive bargaining agent for all regularly scheduled part-time employees.
Part-time employees will be granted all rights and benefits of this contract,
including Annual Leave as specified in Article 7.2 C, but excluding Sections
9.2-9.5 of Article 9 (Disability), Article 11 (Health Insurance), and Article
23 (Tuition Benefits).
ARTICLE 2 UNION SECURITY
2.1 Payroll Deduction, Dues and Insurance
a. The College hereby agrees to deduct, biweekly or simultaneously with each
payroll period, from the pay of each employee covered by this Agreement an
amount of money in payment of uniform dues, or agency shop fees, and any
insurance premiums under a Union operated insurance plan for those employees who
have authorized in writing such deductions by the College. The College further
agrees to transmit said deductions to the Union monthly at 143 Washington
Avenue, Albany, New York 12224.
2.2 Union Representative Access
a. Union representatives may meet with employees on the job, provided that
the appropriate department head is informed prior to such meeting, and no
inordinate interruption of work is caused by such meeting.
b. The Employer shall provide a bulletin board for Union use at the main
campus and all extensions. There shall be no defamatory or profane materials
posted on such boards. The Union shall be responsible for the placement of
materials on the boards.
2.3 Officers and Membership Listings
The Union shall provide the College President and County Administrator with an
initial list of Union officials and shall update such list whenever changes
occur.
The College shall provide a master list of all bargaining unit employees to the
Union when requested, but not to exceed four listings per year. The list shall
include the following: name, address, title, social security number, membership
status, deduction amount, date of hire, grade and step.
2.4 Union Release Time
The Union will be given time, without loss of pay, during normal working hours ,
for conventions, seminars, hearings, grievances, investigations, local Union
business and other Union administrative business.
The Union President shall notify the FLCC Human Resources Officer of Union
business that is expected to last beyond one (1) full work day away from the
job. The Human Resources Officer will have two (2) business days to approve such
a request from the date of receipt.
In no event, will the above activities be permitted to unreasonably interfere
with the operation of the College.
ARTICLE 3 MANAGEMENT RIGHTS
The Employer retains the sole right to manage its business and services and to
direct the working force, including the right to decide the number of locations
of its business and service operations, the business and service operations to
be conducted and rendered, and the methods, processes and means used in
operating its business and services, and the control of the buildings, real
estate, materials, parts, tools, machinery and all equipment which may be used
in the operation of its business or in supplying its services to determine
whether and to what extent the work required in operating its business and
supplying its services shall be performed by employees covered by this
Agreement; to maintain order and efficiency in all its departments and
operations, including the sole right to discipline, suspend, and discharge
employees for cause; to hire, layoff, assign, transfer, promote and determine
the qualifications of employees; to determine the starting and quitting time and
the number of hours to be worked; subject only to such regulations governing the
exercise of these rights as are expressly provided in this Agreement, or
provided by law. The above rights of the Employer are not all inclusive, but
indicate the type of matters or rights which belong to and are inherent to the
Employer. Any and all the rights, powers and authority the Employer had prior
to entering this Agreement are retained by the Employer, except as expressly and
specifically abridged, delegated, granted or modified by this Agreement.
Additionally, the parties intend that the administration of this contract shall
be, insofar as practicable, uniform within each department.
ARTICLE 4 PROBATIONARY PERIOD
Employees covered by this Agreement shall serve probationary periods in
Accordance with the Rules for the Classified Civil Service of Ontario County,
Rule XV. It is understood and agreed between the Union and the Employer that
employees may be terminated in the sole discretion of the Employer and without
recourse to this Agreement at any time during the probationary period or periods
provided for in Rule XV. There shall be no seniority among probationary
employees. Probationary employees may be discharged or disciplined at the
discretion of the Employer and without recourse to this Agreement. The Union
shall represent all probationary employees within the negotiating unit.
ARTICLE 5 LEAVES OF ABSENCE
5.1 Leaves of Absence, General Conditions
5.1.a Application: No leave of absence will be granted without a request
in writing stating the reason for the requested leave and the dates when the
requested leave is to begin and end. Requests for leaves of absence shall be
submitted to the department head.
5.1.b Appeals: An employee who is denied a leave of absence under this
section, in situations involving exigent circumstances, may immediately apply to
the College President for review of that decision. Should the College Human
Resources Committee disapprove a leave recommendation, the employee may meet
with the College Human Resources Committee to discuss the reason for the
disapproval.
5.1.c Annual Leave: An Employee's annual leave accumulation shall be
prorated when he has taken a leave of absence without pay.
5.1.d Leaves of Absence, Failure to Return: Failure to return to work on
the date designated for return to work by an employee who has been granted a
leave of absence shall be deemed a resignation of employment with the Employer.
Furthermore, each such employee shall be guaranteed employment in the same
position from fiscal year to fiscal year unless he or she is promoted,
transferred, resigns, or is discharged following proceedings in accordance
with this agreement. In the instance of a promotion or transfer, the employee
shall be guaranteed employment in the position to which he or she is promoted or
transferred, unless removed as above.
5.2 Leaves of Absence, 10 Month Employees
Regular 10 month employees will be granted an unpaid leave pursuant to this
Article for those months they are not actively at work. Furthermore, each such
employee shall be guaranteed employment in the same position from fiscal
year to fiscal year unless he or she is promoted, transferred, resigns or is
discharged following proceedings in accordance with the agreement. In the
instance of a promotion or transfer the employee shall be guaranteed employment
in the position to which he or she is promoted or transferred, unless removed as
above. The 10 month work period shall run approximately from September 1
through June 30, based upon normal school year dates.
5.3 Leaves of Absence, Paid or Unpaid
The College may authorize leaves of absence with or without pay for a period or
periods not to exceed one year for the following purposes:
Attendance at a college, university or business school for the purpose of
training in subjects related to the work of the employee and which will be of
mutual benefit to the employee and the employer, or for other personal business.
The College may authorize leaves of absence with or without pay for a period not
to exceed two years, provided however that the leave of absence is deemed an
exceptional case under Civil Service Rule XX, subdivision 2.
5.4 Leaves of Absence, Other County Employment
A Leave of Absence shall be granted to an employee with a permanent appointment
and desires and accepts another county position. The leave request must be for
a position where the employee would have probationary status as a result of a
temporary appointment made from civil service eligible list, or where the
employee meets the minimum civil service qualifications for the position where a
civil service examination has not been held, or where an eligible list has not
been established. In addition, the President may authorize leaves of absence in
excess of sixty days in cases of employees who have permanent appointments and
desire to accept another county position.
5.5 Leaves of Absence, Unpaid
Unpaid leaves of absence for personal business up to and including sixty (60)
days may be approved by the President. Requests for more than sixty days shall
require College Human Resources Committee approval.
5.6 Family and Medical Leave Act of 1993 (FMLA):
In addition to and notwithstanding the above, the following shall apply to all
leaves of absence under FMLA (29 USCS 2600 et seq):
1) The twelve (12) month period within which an employee is entitled to twelve
(12) weeks leave shall be a rolling twelve (12) month period measured backward
from the date an employee uses any FMLA leave.
2) FMLA leave may be taken intermittently in quarter (1/4) hour segments or in
any other block of time.
3) Any leave taken will be charged to annual leave then available, except that
employees may maintain up to two (2) weeks of annual leave which do not have to
be applied to the twelve (12) week period.
4) Health insurance coverage will be maintained during FMLA leave. Employees
must arrange for payment of employee contributions to health insurance premiums,
if any, through the College Human Resources Office.
5) Any paid leave taken as a result of a triggering event, including disability
and workers' compensation leave supplemented to full pay, shall be counted as
part of the FMLA leave entitlement.
ARTICLE 6 LEAVE, FUNERAL
6.1 In the event of the death of an employee's spouse, child, foster child,
step-child, parent, including foster or step-parent, brother or sister, or any
member of employee's household, the employee shall be excused from work at his
request to attend the funeral, and shall be paid his regular day's pay for all
days lost on the day of the funeral, and four additional days, if needed,
provided that all such days were regularly scheduled work days of the employee.
6.2 In the event of the death of an employee's grandparents, grandchildren,
mother-in-law, father-in law, brother or sister-in-law, son or daughter-in-law,
the employee shall be excused from work at his request to attend the funeral and
shall be paid his regular day's pay for all days lost on the day of the funeral
and two additional days, if needed, provided that all such days were regularly
scheduled work days of the employee.
6.3 If, due to an employee's religious beliefs, the days granted with pay, as
provided for above, work a hardship on the employee, he may apply to his
Department Head to take the days in a different order provided all such paid
days are contiguous to the day of the funeral and the day of the funeral is such
a paid day.
ARTICLE 7 LEAVE, ANNUAL
7.1 Purpose
Approved leave with pay for personal reasons and/or vacation shall be called
annual leave.
7.2 Entitlement
A. Each employee shall earn paid annual leave as follows:
Years of Service No. of Days Hours (37.5/wk) Hours (40/wk)
1 15.5 116.25 124
5 20.5 153.75 164
12 21.5 161.25 172
14 22.5 168.75 180
16 23.5 176.25 188
18 24.5 183.75 196
20 25.5 191.25 204
30 30.5 228.75 244
B. The following schedule is applicable to regular ten month employees:
Years of Service No. of Days Hours (37.5/wk)
1 12.5 93.75
5 16.5 123.75
15 17.5 131.25
16 18.5 138.75
17 19.5 146.25
18 20.5 153.75
20 20.5 153.75
30 24.5 183.75
C. Annual leave will be credited upon an employee's anniversary date of hire.
All computations shall be based upon the hours specified.
D. The following schedule is applicable to regular part time employees.
Annual leave will be calculated based on the total hours worked in the prior
year. Annual leave hours will be credited on the second pay period of each
calendar year.
Part-Time Hours as a % Annual Leave Accrued (Prorated)
of Full-Time Hours 37.5 Hours 40 Hours
50% 58 Hours 62 Hours
25% 29 Hours 31 Hours
After 5 Years of Service:
50% 77 Hours 82 Hours
25% 38.5 Hours 41 Hours
7.3 Annual Leave, Years of Service Defined
For the purpose of computing annual leave, years of service shall mean
continuous years of employment, except for an employee who has voluntarily left
his employment, and who is rehired within twelve months of his date of
resignation, in which case the first such interruption of continuous service
shall not be considered for purposes of calculating annual leave.
7.4 Application and Scheduling
Employees shall be permitted to use annual leave in segments of at least one-
quarter hour at any time, provided that reasonable advance notice is given to
supervision, and further provided that use of annual leave will not impair
efficiency of operation. If more employees want the same annual leave periods
than can reasonably use them without impairing operations, then employees with
greater seniority shall have first choice of leave periods, provided that less
senior employees who have received approval for leave more than 90 days in
advance of the start of said leave shall have preference over more senior
employees who apply thereafter.
7.5 Accumulation
Annual leave shall not be cumulative from year to year, but employees may
carryover ten unused days (37.5 hour week = 75 hours; 40 hour week = 80 hours)
to be added to the following year's entitlement. With the approval of the
college's Human Resource Officer, fifteen days may be carried over. At no time
shall an employee's annual leave credit exceed the amounts set forth in 7.2 by
more than 10-15 days, as herein provided, and additional unused days will not
be carried over.
7.6 Advance Use
Employees with six months of service may be permitted to use five days (37.5
hour week = 37.5 hours; 40 hour week = 40 hours) annual leave, which shall be
part of the first year's annual leave entitlement.
7.7 Termination
On separation from Employer service, employees will be paid for all annual leave
credited but not taken, and will reimburse the Employer for any advanced,
unearned use. Leave will be prorated for each month of service beyond
anniversary date.
7.8 Annual Leave Exchange Program
Employees who have accumulated more than the hourly equivalent of ten days
annual leave may relinquish up to five whole day segments of annual leave in
excess of five days for the cash equivalent according to the following terms:
A. Leave balances shall be as of the beginning of the first payroll in June,
according to Personnel/Payroll Department records.
B. Employees will request the annual leave exchange payment on forms
developed for this purpose by the Employer, and shall be relinquished at the
beginning of the second June payroll period.
C. Time relinquished is payable at the rate effective at the beginning of the
first June payroll, and is not returnable to the employee.
D. Payments will be made during the first payroll in June of the same year,
except in the case of separation from service, in which case employees will be
paid in the normal manner.
E. To qualify for the program, employees must have had no periods of unpaid
leave in the twelve month period immediately preceding the application, to be
verified by the department head.
ARTICLE 8 MILITARY LEAVE
Employees shall notify their supervisors as far in advance as possible of
required military assignments.
ARTICLE 9 DISABILITY BENEFITS
9.1 Disability Insurance
The Employer shall purchase, at County expense, New York State Disability
Insurance for all employees covered by this Agreement. Such disability
insurance shall provide coverage immediately for all employees who are on the
payroll on the effective date of this Agreement, and for persons who are
employed after that date coverage will become effective on the date provided by
such contract of insurance.
9.2 Disability Benefits, Pay Supplement
When an employee qualifies for payment of New York State Disability benefits for
any day, the Employer will supplement the difference between such benefit and
the employee's regular daily pay for each such day paid for under the contract
of insurance.
9.3 Disability, Self-Insurance Option
The Employer shall have the option of self-insuring the present disability
insurance plan under which the employees represented by CSEA are now covered.
If the Employer decides to self-insure such plan it shall do so in accordance
with the Worker's Compensation Law and the rules and regulations promulgated
from such law. Furthermore, the Employer shall guarantee that all benefits and
protection granted employees under the law as well as the plan presently in
effect shall continue in full force and effect. If the benefits under the law
are increased or if any changes occur in the law covering disability which are
advantageous to the employee, the Employer shall amend its self-insured plan to
conform to such changes.
9.4 Disability Claims, Benefits and Disputes
The qualifications for and benefits of New York State Disability shall be as
provided for in the contract of insurance or the rules and regulations of the
self-insurance plan, which shall be provided to the Union. Disputes as to
coverage shall not be a grievance under this agreement but shall be resolved as
provided by law. The Employer's obligation to pay the supplement to disability
benefits shall rest on the outcome of the claim under the applicable laws and
regulations, and will be payable only when and if such claim is paid. Employees
receiving disability benefits under this article shall not, during the time for
which said benefits are paid, accrue paid leave of any type under this
agreement.
9.5 Disabled Employees, Reinstatement Rights
When a permanent employee has received disability benefits as provided in this
article for the maximum period permitted, said employee shall report for work
within thirty days after the last day for which benefits were payable. If an
employee does not report for work, his employment will be terminated on the 31st
day after the cessation of benefits. Health insurance under Article 11 of this
agreement will be paid for the thirty day period by the Employer.
For five months thereafter, such an employee will be reinstated to the same
title he held at the beginning of the disability period, provided the disability
has ceased, and provided a vacancy in that title occurs.
ARTICLE 10 LEAVE, SICK
As outlined in the 1991-1992 contract agreement, certain individuals continue to
be entitled to accrued sick days. For purposes of administration of these
retained benefits, refer to Article 10 of the 1991-1992 contract agreement.
ARTICLE 11 HEALTH INSURANCE
11.1 Health Insurance
The employer shall make available to each employee either single, sponsor (2
person) or family coverage under one of the following plans, each of which is in
effect at the date of execution of this agreement:
a. NMCMSCP Blue Cross/Blue Shield/Blue Million Preferred, with the following
riders: Full Out-Patient Rider, First Aid/Consultation Rider, and $5.00 Co-pay
Prescription Drug Rider;
b. Blue Choice Extended;
c. Preferred Care Preferred Plus;
d. Blue Choice Select;
e. Finger Lakes Managed Care.
Employees may change plans at least once per calendar year, at a time
established by the employer. In the event that either an open enrollment period
for health insurance cannot be held, or modifications and enrollments to
employees' flexible spending accounts cannot be made, the parties agree that the
current contribution formulas will continue in full force and effect until July
1, 2001, or until both conditions can be met, whichever first occurs.
11.2 Health Insurance, Contribution
All employees shall contribute to the cost of the health insurance as follows
per pay period:
PLAN CO-PAYMENT
NMCMSCP Blue Cross/Blue Shield/Blue Million 0%
Blue Choice 15%
Preferred Care 15%
Blue Choice Select 15%
Finger Lakes Managed Care 15%
If the NMCMSCP savings to the College are less than 15% from the Blue Cross/Blue
Shield-Blue Million plan, the employee premium co-payment will be the percent of
difference.
11.3 Health Insurance, When Benefit Available
The above health insurance shall be provided for all months that an employee is
actively at work, and all periods of sick leave whether work related or not, and
all periods of paid leave of absence. If an employee has exhausted sick leave
benefits and his employment is not terminated, he shall be permitted to continue
their health insurance coverage by paying the full cost of such coverage to the
FLCC Human Resources office monthly.
11.4 Health Insurance, Dental
The employer agrees to remit the amount of dental insurance premium, 100% of
which is to be paid by the employees desiring such coverage, to an insurance
carrier designated by the Union. The Employer assumes no responsibility for
organizing, negotiating with the insurance carrier, and administration of the
plan, the Employer's obligation being limited solely to a payroll deduction and
transmittal of funds; the Union agrees to provide the FLCC Human Resources
Office with such documentation and certification as may be reasonably required
in order that the pay deductions and transmittal of funds may be properly
accomplished.
11.5 Health Insurance, Ten Month Employees
Ten month employees will pay health insurance co-payments over a ten-month
period Any required employee contribution for the two months they are not
working during the summer will be included in the total employee deduction over
the ten-month period.
11.6 Health Insurance, Part-time Employees
Part-time unit employees are eligible to participate in the same plans available
to full-time employees, the cost of which is to be paid 100% by the employee.
11.7 Health Insurance, Premium Conversion Plan
All employee contributions required under this article shall be on a pre-tax
basis.
ARTICLE 12 GRIEVANCES AND ARBITRATION
12.1 Grievance Procedure, Definition
For the purpose of this Agreement a grievance shall be defined as a dispute or
controversy between an individual employee covered by this Agreement and the
Employer, arising out of the application or interpretation of this Agreement; or
a grievance as defined by Section 682, sub-division 4 of Article 16 of the
General Municipal Law.
12.2 Grievance Procedure, Exclusions
The inclusion in this article of grievances as defined by Article 16, Section
682, subdivision 4 of the General Municipal Law is intended to substitute the
grievance and arbitration procedure of this Agreement for the grievance
procedure which the Employer previously adopted under the terms of Article 16 of
the General Municipal Law and which is required by said Law, and upon the
effective date of this Agreement the grievance and arbitration procedure in this
Agreement shall be the only such procedure available to employees covered by
this Agreement. It is expressly understood and agreed by the parties that the
grievance and arbitration procedure provided for in this Article does not apply
to and, is not intended as, a substitute or an alternative for any actions
permitted by, or required of the Employer under any Article of the State or
Local Civil Service Law or Rules, except as otherwise provided herein.
12.3 Grievance Procedure
The purpose of this Article is to provide the sole method for the settlement of
grievances as defined herein and such grievances shall be settled in accordance
with the following procedure:
Step 1:
Grievances shall be presented orally by the aggrieved employee to the department
head, with or without his Union representative, at the employee's option, and
within ten departmental working days from the date of knowledge of the cause or
occurrence giving rise to the grievance. If discussion of the grievance with
the department head does not result in resolution of the grievance then the
aggrieved employee may proceed to Step 2.
Step 2:
The aggrieved employee shall submit his signed written grievance to the College
President within ten working days from the date of the initial discussion of the
grievance with the department head. After receipt of a written grievance at this
step, the College President shall convene a meeting within ten working days of
the date the written grievance was received by him, between the aggrieved
employee, the Union representative and the Department Head and/or other
representatives of the College for the purpose of resolving the grievance. If
the grievance is not resolved as a result of this meeting, then the President
shall have three working days to provide a written response to the aggrieved
employee and his Union representative. If that decision is unacceptable to the
employee, then within five working days the aggrieved employee shall proceed to
step three.
Step 3:
The aggrieved employee may submit his grievance to the County Administrator who
within ten working days after he receives the written grievance will convene a
meeting between the aggrieved employee, his Union representative and the College
President and/or other representatives of the College, for purpose of resolving
the grievance. If the grievance is not resolved at this meeting, the grievance
may be submitted to arbitration.
Step 4:
In the event that a grievance is unresolved after being processed through all of
the steps of the grievance procedure, or having moved through the grievance
procedure by default, then not later than thirty calendar days after the third
step procedures are complete, or thirty calendar days after the time limits
required by the steps in the grievance procedure have run, the grievance may be
submitted to arbitration by filing a copy of the request with the County
Administrator.
The County Administrator shall arrange an arbitration hearing as soon as
possible by calling the first arbitrator on the alphabetically-ordered panel.
If he can't render a decision within two weeks, the next arbitrator on the
panel shall be called, and so on, until the first available arbitrator is
picked. Selection of an arbitrator for the next case will begin with the next
arbitrator on the panel.
The arbitrator shall have no power to add to, subtract from or modify any of the
provisions of this Agreement.
No decision of an arbitrator or of the Employer in any grievance case shall
create the basis for retroactive adjustment, or other adjustment, in any other
case.
No arbitrator shall decide more than one grievance on the same hearing or series
of hearings except by mutual agreement between the parties.
The decision of the arbitrator shall be final and binding upon the parties. The
fees and expenses of the arbitrator, and the costs of the hearing room, shall be
shared equally by the Employer and the Union. All other expenses shall be borne
by the party incurring them. Neither party shall be responsible for the other
party's share of the divided costs nor of the expense of witnesses or
participants called by the other.
Arbitrators for the term of this contract shall be mutually agreed upon by the
union and the county, and a list of five shall be initialed by the parties and
attached to this agreement as soon as possible. If a vacancy occurs in the
panel of arbitrators, the union and the county will select an alternate as soon
as possible.
12.4 Grievance Procedure, Time Limits
Unless the parties mutually agree to extend the time limits set forth in this
procedure, a grievance shall be deemed settled on the basis of the relief sought
by the grievant if the Employer fails to comply with such time limits at each
step while the grievance shall be deemed waived and the grievant shall be barred
from proceeding to the next step if the grievant fails to comply with the
aforementioned time limits.
ARTICLE 13 DISCIPLINARY ACTION
13.1 Disciplinary Action, Definitions
Disciplinary action may consist of written reprimands, suspensions without pay,
fines not to exceed $200 to be deducted from the salary or wages of the employee
in installments, losses of accrued leave credits, reductions in grade and
dismissals from the service and may be imposed only for incompetency or
misconduct.
13.2 Disciplinary Action, Immediate Suspension
An employee may be suspended by the College without pay for up to thirty (30)
days pending the outcome of the grievance procedure, provided that a
determination is made by the College that an employee's continued presence on
the job would be disruptive to the normal course of business or threaten the
safety of fellow employees or the public. An employee may not be suspended
without pay unless he/she has received written notice of the charges against
him/her, has been apprised of the evidence against him/her, has been afforded
Union representation, and has been offered the opportunity to be heard within a
reasonable time period. In all other cases, disciplinary action may not be
imposed except in accordance with this procedure. In cases of suspension prior
to hearing, an arbitrator may award back pay or he/she may consider the period
of suspension as part of the appropriate penalty. However, the arbitrator shall
not order back pay in any case for a period of more than sixty (60) working days
prior to the date the grievance was initiated. All awards of back pay shall be
limited to the amount of wages the employee would have earned from his/her
employment with the Employer but not in excess of the period above defined, less
any other compensation for personal services that he/she has received from any
source during said period.
13.3 Disciplinary Action, Notice of Proposed Action
An employee against whom disciplinary action is proposed shall receive a notice
of the proposed action and the reasons for it. A copy of this notice shall be
provided to the Union. Unless a written grievance is filed with the County
Administrator within ten work days of the receipt of such notification, the
matter will be settled upon the penalty as proposed by the county, and the
disciplinary action proposed may then become effective. The notice of proposed
disciplinary action shall specify the reasons for the proposed disciplinary
action, including a description stating the alleged acts and conduct, and the
dates, times and places such acts and conduct occurred, as well as the penalty
sought by the College.
13.4 Disciplinary Action, Employee Rights
Except as otherwise provided in this section, none of the disciplinary penalties
listed shall take effect until the completion of the procedure. An employee is
entitled to representation by the Union or an attorney at any step of the
proceeding. The rights provided in this article extend to all employees in the
bargaining unit except probationary and provisional employees of the employer.
13.5 Disciplinary Action, Waiver of Civil Service Rights
The parties agree that the procedure provided in this contract shall be the
exclusive procedure for the taking of disciplinary action against employees, and
the review of such disciplinary action by employees. Any and all rights
extended to employees by Section 75 and 76 of the Civil Service Law, or any rule
or regulation adopted thereunder, are hereby waived.
13.6 Disciplinary Action, Grievance Procedure
Any grievance contesting disciplinary action, proposed or taken, shall be filed
directly at Step 3 of the grievance procedure provided in this contract. If not
resolved at Step 3, the grievance may be submitted to Step 4 in accordance with
the grievance procedure provided in this contract.
13.7 Disciplinary Action, Grievance Procedure, Time Limits
Unless the parties mutually agree to extend the time limits set forth in this
procedure, a grievance shall be deemed settled on the basis of the relief sought
by the grievant if the Employer fails to comply with such time limits at each
step while the grievance shall be deemed waived and the grievant shall be barred
from proceeding to the next step if the grievant fails to comply with the
aforementioned time limits. No disciplinary proceeding shall be commenced more
than three years after the appearance of the alleged incompetency or misconduct
complained of, except that such limitation shall not apply where the
incompetency or misconduct complained or would, if provided in a court of
competent jurisdiction, constitute a crime.
ARTICLE 14 HOURS OF WORK
14.1 Hours of Work, 40 Hours
The regular work week for employees in the following departments and units shall
be 40 hours per week:
Buildings and Grounds
Campus Safety Office
Central Office Services
14.2 Hours of Work, 37.5 Hours
Except as provided in Section 14.1, the regular work week for employees shall be
37.5 hours.
14.3 Hours of Work, Flexible Schedules
The parties shall meet and confer prior to the implementation of any work
schedules which will regularly include more or less than 5 days per week for any
unit members.
14.4 Hours of Work, Student Aides and Work Study Students
During the academic sessions, student aides and work study students shall not
work more than 20 hours per week. During the academic interims they may work up
to 40 hours per week.
14.5 Campus Safety Personnel
All uniformed campus safety personnel who are required to be on continuous
operation shall be entitled to a thirty minute paid lunch period during each
eight hour shift.
ARTICLE 15 OVERTIME
15.1 Overtime shall be paid for at time and one-half the employee's straight
time hourly rate for all hours actually worked in excess of the regularly
scheduled work week. All paid leave will count as time worked for the purposes
of overtime. Such pay shall be calculated in segments of not less than fifteen
minutes.
15.2 Call In Pay, General
When an employee is called to work during his scheduled time off, all hours
worked will be paid for at one and one-half times his regular hourly rate. An
employee will be guaranteed at least two hours pay at one and one-half times his
regularly hourly rate. If an employee is called in on a holiday, all "call-in"
time work will be paid at two and one-half times his regular hourly rate.
Whenever an employee is called into work without at least two business days'
notice, he shall not be denied his regular scheduled work day.
15.3 Compensatory Time
In lieu of the payment of overtime as set forth herein, an employee may request
compensatory time in an amount equal to 1.5 hours for each hour of overtime, as
defined herein, actually worked, and may be granted said amount of time off with
pay in lieu of the payment of overtime compensation. All such compensatory time
shall be taken withinninety (90) days of accrual. Exception may be granted with
the approval of the Human Resources Officer.
ARTICLE 16 SHIFT DIFFERENTIAL
All employees covered by this agreement who are assigned to shift work shall be
paid shift differential of 55 cents per hour in addition to their "straight time
hourly rate" for all hours worked on a shift in which the majority of hours are
worked between 6:00 p.m. and 6:00 a.m. It is understood that the shift
differential shall be paid at 55 cents for straight time and overtime hours when
the employee's shift qualifies for shift differential as provided for herein.
ARTICLE 17 TESTING FEES, CIVIL SERVICE
Employees shall not be required to pay any civil service testing fees for
promotional examinations administered by the Ontario County Division of Human
Resources except that any employee who has been notified that he/she will be
laid off shall not be required to pay any civil service testing fees for open
competitive examinations from the date of said notice to the expiration of one
year following the last day of work.
ARTICLE 18 HOLIDAYS
18.1 Holidays, General
Unless otherwise provided herein, a holiday shall be defined as one fifth of the
regular work week. Part Time employees holiday hours should be considered as
part of the regularly scheduled work week. Unless otherwise directed by the
supervisor, a part time employee should not work beyond the regularly scheduled
work week.
FLCC employees will receive twelve holidays, five of which will be designated
by the academic calendar by April 1 of each preceding academic year, and the
remaining seven will be:
1. Christmas
2. New Year's
3. Martin Luther King, Jr. Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Thanksgiving Day
18.2 Holidays, Ten Month Employees
FLCC ten month employees shall receive holidays as provided for the FLCC
employees in general. Regular ten month employees shall receive holidays as
specified in Section 18.1. Ten month employees shall not receive Independence
Day as a paid holiday unless they work before and after Independence Day.
18.3 Holiday Pay
A. Each employee who is required to work on a holiday shall receive time and
one-half his straight time hourly rate for all hours worked on a holiday plus
holiday pay. Hours worked in excess of the employee's regularly scheduled hours
during the twenty-four hours comprising the holiday shall be paid for at two and
one-half times the employee's straight time hourly rate; overtime which is
worked prior to or after the twenty-four hours comprising the holiday shall be
paid for at one and one-half times the employee's straight time hourly rate.
B. Employees who are required to work on both the nationally observed holiday
and the contract observed holiday when such falls on a Saturday or Sunday shall
receive time and one-half their regular rates of pay only for one of the days,
the day that the most hours are worked.
C. Holiday pay for Campus Safety Officers shall be banked for each holiday at
a straight time rate for holidays not worked and at time and one half for
holidays worked. Holiday pay shall be in December of each year, in a separate
check.
18.4 Holidays, Saturday and Sunday Observance
When one of the above holidays falls on a Sunday, it shall be observed on the
following Monday. When one of the above holidays falls on a Saturday, it shall
be observed on the preceding Friday.
ARTICLE 19 UNIFORMS
19.1 Employer Options
The employer shall, when its Board of Trustees determines that employees in any
department shall be required to wear uniforms, including shoes or special
equipment, provide therefor in accordance with either section 19.2 or section
19.3. The design of said uniforms shall be the responsibility of the employer.
19.2 Issued Uniforms
A. Issuance and Return
Each employee shall receive an initial issue of uniforms, and may thereafter
receive additional uniforms each year for replacement purposes. Cleaning and
maintenance shall be provided by the employer. Worn out or damaged uniforms
must be returned to the employer before replacements will be issued. Upon
separation from the service of the employer, the employee shall return all
uniforms, or be liable for the value of such items.
B. Maintenance Option
In lieu of employer maintenance of uniforms, as set forth in section 19.2.1
above, the employer may pay to each employee required to wear a uniform pursuant
to that section the sum of $250.00 per year, to be added to base salary/rate,
and paid quarterly pro rated for each payroll period of each year when said
uniform is required. Employees receiving such an allowance shall provide
regular cleaning and maintenance of uniforms, except that no employee shall be
required to clean uniforms which are contaminated by hazardous substances.
[Note: under current law, this allowance is subject to withholding.]
19.3 Uniform Allowance
Each employee required by the employer to wear a uniform, and who is not covered
under the provisions of section 19.2, shall receive an annual allowance of
$240.00, to be added to base salary/rate and paid quarterly pro rated for each
payroll period of each year when said employee is required to wear a uniform
under the provisions of this section. Employees receiving such an allowance
shall provide regular cleaning and maintenance of uniforms except that no
employee shall be required to clean uniforms which are contaminated by hazardous
substances. Upon separation from the service of the employer, the employee
shall not be required to return uniforms purchased pursuant to this section,
and said uniforms shall remain the property of the employee. [Note: under
current law, this allowance is subject to withholding.]
19.4 General Conditions
A. Employees' Duties
Departments may make and enforce reasonable work rules regarding the use and
care of uniforms, including, but not limited to, rules regarding care and
cleaning, off-duty use, display of personal or political messages, and standards
of color, style, and general appearance.
B. Suspension of Benefits
Uniforms and/or uniform allowances shall not be provided to employees on
disability or unpaid leaves of absence.
ARTICLE 20 RETIREMENT PLANS
20.1 The employer shall provide the New York State Retirement Plan known as
Section 75-i of the New York State Retirement and Social Security Law.
20.2 The employer shall provide the following options to the Retirement Plan in
20.1:
A.) Application of unused sick leave as additional service credit upon
retirement (Section 41-J). This applies only to those employees with a sick
leave bank of accruals.
B.) Guaranteed minimum death benefit as prescribed under New York State
Retirement Law (Section 6-B).
C.) If the New York State Legislature renews the Military Credit Law (Section
41-K) the employees of Ontario County may purchase, at their own expense an
amount of time in the retirement system equal the amount of time spent in
service during a war as defined by New York State Civil Service Law.
ARTICLE 21 WAGES
21.1 Wages
A. Wage Schedule, Hourly Rates
All employees assigned to grade and step will be paid on the basis of hourly
rates, as set forth in Schedule F incorporated in this contract. Annual wage
schedules are included for reference purposes only.
B. Wage Increases
The wages of each employee in the unit shall be increased by 3.25% on September
1, 2000, 3% on September 1, 2001, and 3% on September 1, 2002.
The Parties shall meet and confer on wages for 2002-2003 in the event the CPI-W
unadjusted, for the 12 month period prior to September 2002, equals or exceeds
4%.
C. Tables
The following tables are included in this contract:
2000 Schedule F
2001 Schedule F
2002 Schedule F
2000 Schedule N (reference only)
2000 37.5 Hour Week Annual Wage Schedule (reference only)
2001 37.5 Hour Week Annual Wage Schedule (reference only)
2002 37.5 Hour Week Annual Wage Schedule (reference only)
2000 40 Hour Week Annual Wage Schedule (reference only)
2001 40 Hour Week Annual Wage Schedule (reference only)
2002 40 Hour Week Annual Wage Schedule (reference only)
21.2 Wages, Promotion
When during the term of this Agreement an employee is promoted from one pay
grade to a higher pay grade, the employee will be placed in the first step in
the new pay grade which will produce no less than $500.00 increase in rate at
the time of promotion, but not to exceed the top step in the new grade. Any
time a permanent employee goes from one position in a salary grade to another
position in a higher salary grade, it shall be deemed a promotion for purposes
of this section, and the monetary increase shall be paid upon appointment.
21.3 Wages, Demotion
When during the term of this Agreement an employee is demoted from one pay grade
to a lower pay grade, he shall be placed in the step in the lower pay grade
which represents his actual continuous service with the Employer, such lower
pay to begin on the date he is actually transferred.
21.4 Wages, Transfer
When an employee accepts a position in another title in the same grade in which
he/she is currently serving, that employee will be assigned to the same step in
the grade that he/she occupied in the former position.
21.5 Wages, Annual Increments, Evaluation and Appeal
A. Yearly changes and steps shall be granted to employees within the steps on
the first day of the calendar quarter in which their anniversary date falls,
except that this provision shall not apply to employees receiving a "U"
(improvement required) overall rating on the July evaluation.
B. Employees hired after September 1, 2000, shall not receive step increases,
but shall remain frozen at Step Minimum, and shall receive only the annual wage
increases set forth in Section 21.1 B.
C. Annual evaluations shall be conducted in July. An employee receiving a
"U" (improvement required) overall rating may file a grievance under Article 12
beginning at Step 2, and may proceed through Step 4 of the aforementioned
procedure if the grievance is not resolved at an earlier step. An arbitrator
shall award the increment as of the date it would have been paid if the
evaluation had been satisfactory if he finds that the rating was inappropriate.
21.6 Allocation to Grade
The parties agree to meet and confer prior to any grade reallocations taking
effect.
21.7 Ten Month Employees
Ten month employees shall receive wages for that time actually worked, except as
otherwise provided herein, and said wages shall be paid over a ten month period
of time only.
21.8 Wages, Direct Deposit Program
On the effective date of this agreement, all employees shall participate in the
direct deposit program offered by the employer. All banks within Ontario County
offering direct deposit to the College shall be included in the program.
21.9 Wages, Emergency Closing
If College buildings are closed due to emergency conditions, employees shall
suffer no loss of pay.
21.10 Repayment of Overpaid Wages
The parties agree that, in the event an employee is overpaid, one of the
following options shall be selected by the employee, and repayment shall proceed
accordingly:
1. Remittance of a check - the full amount of the overpayment within 5
business days
2. Deduction of the full amount of the overpayment from the gross wages of
the next payroll check
3. Deduction of 50% of the overpayment from the gross wages of the next two
payroll checks - this option being available only for overpayment in excess of
$100
4. Special repayment plans may be negotiated between an individual employee
and the FLCC Treasurer.
21.11 Wages, Out of Title
An employee who works out of title for 30 or more calendar days shall be paid
therefor at the rate set for the out of title position. Department heads shall
certify, in writing, upon the request of any employee that said employee worked
in an out of title position, provided that said service is equal to or greater
than 5 days. The parties understand that, in applying the above provisions, the
employer will treat out of title work as a temporary promotion, and will apply
the provisions of 21.2, entitled, Wages, Promotion, for purposes of setting the
appropriate rate of pay for the out of title work.
21.12 Longevity Pay
Employees shall annually receive the following amounts in relation to their
years of service:
10-14 years of service $250
15-19 years of service $500
20-24 years of service $750
25 years or more $1000
These payments shall be prorated for part-time and ten-month employees. These
payments shall be added to the annual wages of eligible employees at the
beginning of the contract years when the service levels are reached, and shall
be included in all payroll calculations except the annual percentage increases
above.
ARTICLE 22 SENIORITY
22.1 Seniority, Definition
Seniority for non-competitive class Civil Service Employees covered by this
Agreement means an employee's length of continuous service with the Employer
since his last date of hire with Ontario County. Seniority for labor class
Civil Service Employees covered by this Agreement means an employee's length of
continuous service with the employer since his last date of hire with Ontario
County, but no seniority rights shall be extended to any labor class Civil
Service Employee until the completion of two years' continuous service with the
employer.
An employee's continuous service and all of his seniority rights shall be
terminated by any of the following:
1. Voluntary quit
2. Discharge
3. Retirement
4. Failure to report for work for three consecutive working days without
prior notification to the employer of reasons for such absence shall be
considered a voluntary quit beginning on the first day of such absence.
5. Failure to return from an approved leave of absence on the scheduled date
for return.
6. Having been laid off for a period of 6 consecutive calendar months.
7. Having been on sick leave, paid or unpaid for a period of twelve
consecutive calendar months.
8. Failure to report for work on the agreed date of a recall from layoff.
22.2 Seniority, Layoff, and Recall
Notwithstanding the foregoing, all non-competitive and labor class employees
covered by this Agreement shall be laid off and recalled in the same manner
provided by law and regulation for the layoff and recall of competitive class
employees.
After giving such notice of intent to return, if the employee fails to be
available within ten calendar days after the mailing of such recall notice, such
employee shall be deemed to have quit.
The provisions of the above paragraph shall apply unless the Employer and the
employee have agreed upon a date for return to work at the time the layoff
occurred. In the event the employee fails to report for work on such agreed
date, he/she shall be deemed to have quit.
No new employees shall be hired into a classification until all employees who
are on layoff status from that classification have been offered recall.
22.3 Job Security
The College agrees to provide a sixty (60) calendar-day notice to affected
employees and the union in the event of layoff. If that notice is given, then
no additional benefits are provided, except as set forth below.
In the event that the sixty (60) calendar -day notice cannot be met, the
employees and the Union will be notified as soon as possible and employees will
be paid their regular wages for sixty (60) calendar days from the date of layoff
notice.
Laid-off employees will receive health insurance, in the plan in which they are
enrolled, fully paid by the College for sixty (60) days from the date that the
next premium payment is due, following actual layoff.
Laid-off employees will be paid for any annual leave currently accrued, pursuant
to Article 7 Section 7.7.
The College will develop transitional services for laid-off employees to include
job counseling, retraining services, use of office equipment, etc.
Laid-off employees will receive tuition waiver benefits (Article 23B) for one
(1) year from the date of layoff.
Laid-off employees would be considered for any vacant professional positions for
which they apply and are qualified.
Job security language will be and is intended for all full and part-time,
permanent members of the bargaining unit. 100% Grant Funded positions are
excluded.
ARTICLE 23 TUITION BENEFITS
23.a. Tuition Reimbursement
Tuition reimbursement will be provided at 75% of approved courses.
b. Tuition Waiver
All members of the Bargaining Unit shall be permitted to register for and
attend, tuition free, any credit or non-credit course offered by the College
provided space exists and provided that such attendance in no way interferes
with their official duties. During the term of this agreement, the dependent
children and/or spouses of all unit members will be provided a tuition waiver
upon enrollment as full or part-time students. Only available class space is to
be used for this program, and it is understood and agreed that no section shall
be created, and no staff shall be added to comply with the College's obligation
under this section.
ARTICLE 24 PAYROLL DEDUCTIONS
24.1 CREDIT UNION
The College agrees to remit credit union savings or loan repayments via payroll
deduction in accordance with rules mutually agreed upon between the credit union
and the appropriate Employer payroll unit, regardless of the parties' choice of
credit union. The College will maintain only one payroll deduction per employee
for credit union purposes.
24.2 PEOPLE DEDUCTION
The Employer agrees to deduct from the wages of any bargaining unit employee a
PEOPLE deduction as provided for in a written authorization. Such authorization
must be executed by the employee and may be revoked by the employee at any time
by giving written notice to both the Employer and the Union. The Employer agrees
to remit any deductions made pursuant to this provision to the Union together
with an itemized statement showing the name of each employee from whose pay such
deductions have been made and the amount deducted during the period covered by
the remittance.
ARTICLE 25 NOTARY PUBLIC FEES
Employees who are required by their Department Heads to be Notaries Public shall
have the Notary fees paid by the Employer.
ARTICLE 26 TRAVEL PAY
The mileage allowance for an employee using a personal automobile in the
performance of his duties as a college employee shall be in accordance with IRS
rates.
ARTICLE 27 TRAINING COST RECOVERY
Employees with less than 3 years' service who receive training at College
expense and who leave College service within 1 year of the completion of
training shall reimburse the College therefor up to a maximum of $500.00, except
where prohibited by law or regulation.
ARTICLE 28 FEDERAL AND STATE JOB PROGRAMS:
The employer supports Federal/State programs that provide work experience
opportunities. Such opportunities shall:
1) Not result in the displacement of any currently employed employee loss of job
or position, including partial displacement such as reduction in the hours of
non-overtime work, wages or employment benefits;
2) Not be utilized in any College department when an employee is on layoff from
the same or equivalent position or when a College department has terminated the
employment of any regular employee or otherwise reduced its work force with the
intention of using the State/Federal programs to fill said positions;
3) Not infringe upon the promotional opportunities of any currently employed
employee;
4) Exclusivity of bargaining unit work shall not be lost by the Civil Service
Employees Association, Inc., Local 1000, AFSCME, AFL-CIO in this bargaining unit
because of participants performing bargaining unit activities under this
program;
5) The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO
does not waive its rights under the Taylor Law for the period of this program.
ARTICLE 29 EMPLOYEE ASSISTANCE PROGRAM
The Union and the College agree upon the value of an effective employee
assistance program to assist employees and immediate family members in finding
help to resolve personal problems which may adversely affect work performance
and/or an employee's physical or mental health. The Union and the Employer
agree to continue an employee assistance program under the guidance of a joint
labor-management committee in cooperation with other negotiating unit
representatives.
ARTICLE 30 WORKER'S COMPENSATION
In addition to benefits provided under the New York Worker's Compensation Law,
Employer agrees to provide employees for injuries, as defined in said law,
compensation in an amount equal to that provided for in the Worker's
Compensation Law, for time regularly scheduled but not worked, starting from the
first day of work-related injury or illness and continuing until the employee
returns to work or receives statutory compensation benefits. Any benefits paid
under this Article for time for which statutory compensation benefits are also
paid shall be refunded to the Employer. No benefits under this article will be
paid in partial-day segments. The maximum compensation limits, as provided in
the Worker's Compensation Law, shall apply to compensation provided under this
article. It is understood that the employee's sick leave will not be affected
by this article. Injured employees who leave during regular working hours will
be paid for the full day if they were sent home with the competent medical
authority's approval.
ARTICLE 31 JURY and COURT LEAVE
An employee selected for jury duty on regularly scheduled work days shall
receive paid leave, with no charge against leave credits. Employees scheduled to
work the evening or night shifts shall be considered working the day shift
during their term of jury duty, and as such shall not be required to report to
work during their term of jury duty. Employees on jury duty leave shall remit to
the employer all remuneration received as a juror including money paid for
mileage and parking unless such mileage and/or parking expenses are actually
incurred. Mileage will not be considered incurred if the employee reports to
jury duty and works in the same city or town. To be eligible for the above
benefit, the employee will cooperate with the employer by notifying the employer
through his/her department head, immediately upon being summoned as a juror, and
in joining in a request for deferral of jury duty whenever, in the employer's
judgement, such a request is necessary. The foregoing provisions for leave may
also be granted for court appearances in the discretion of the college's Human
Resource Officer.
ARTICLE 32 SAVINGS CLAUSE
Should any provision of this Agreement be declared unlawful by any court of
competent jurisdiction, the parties shall honor the remainder of the Agreement
and shall meet for the purpose of renegotiating that portion declared unlawful.
ARTICLE 33 SAFETY EQUIPMENT
Any and all safety equipment deemed necessary by the Board of Trustees or its
designee, or required by law, shall be provided by the Employer without cost to
the employee.
ARTICLE 34 EMPLOYEE RECOGNITION PROGRAM
The Union and the Employer agree upon the value of an effective employee
recognition program to recognize and encourage exceptional performance. To that
end, the provisions of Local Law No. 2-1986, entitled "A Local Law Establishing
Employee Awards and Recognition and Authorizing Merit Pay Awards," are hereby
incorporated into this agreement.
ARTICLE 35 SUBCONTRACTING
The employer shall meet and confer with the union before making any decision to
subcontract work customarily performed by members of the bargaining unit.
Meeting and conferring will begin at the commencement of fact-finding by the
employer.
ARTICLE 36 FLEXIBLE SPENDING ACCOUNT (FSA)
The College agrees to establish, at no cost to the employee, a Section 125,
Parts a, b and c, FSA for each member of the bargaining unit. The union and
the College agree to meet and confer for the selection of a third-party
administrator. A newly hired employee will have a six (6) month waiting period
before being able to participate in the FSA.
ARTICLE 37 TERM
This contract shall be effective on September 1, 2000, and retroactive thereto,
and shall continue in full force and effect until midnight, August 31, 2003.
ARTICLE 38 AGREEMENT, TOTALITY OF
The foregoing constitutes the entire agreement between the parties, and no
verbal statement or other agreement, except an amendment in writing approved by
the Employer and the Union annexed hereto and designated as an amendment to this
Agreement shall supersede or vary the provisions herein.
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