AGREEMENT
BETWEEN
THE STATE OF WISCONSIN
and the
July 22, 2015 - June 30, 2015
95
TABLE OF CONTENTS
Agreement 1
Purpose of Agreement 1
Article I – Scope of the Agreement 2
Article II – Recognition and Union Security 3
Section 1: Bargaining Unit 3
Section 2: Dues Deduction 3
Section 3: Bulletin Boards 4
Section 4: Personnel Transactions 5
Section 5: Union Activity 5
Section 6: Union Conventions, Educational Classes and Bargaining Unit Conferences 5
Section 7: Printing of Agreement 6
Section 8: Attendance at Local Union Meetings, Monthly Steward Meetings, or Monthly Local Union Executive Board Meetings 6
Section 9: Telephone, Email and Fax Use 7
Section 10: Mail Service 7
Section 11: Visitations 8
Section 12: Executive Board of WLEA 8
Section 13: Loss of Benefits 8
Section 14: Local Union Orientation 9
Article III – Management Rights 10
Article IV – Grievance Procedure 11
Section 1: Definition 11
Section 1: Grievance Steps 11
Section 3: Arbitration Panel Procedures 12
Section 4: Retroactivity 13
Section 5: Exclusive Procedure 13
Section 6: Number of Representatives and Jurisdictions 13
Section 7: Union Grievances 14
Section 8: Processing Grievances 14
Section 9: Discipline 15
Section 10: Exclusion of Probationary Employees 16
Section 11: Pay Status of Arbitration Witnesses 16
Section 12: Special Arbitration Procedures 16
Section 13: Concentrated Performance Evaluation 17
Article V - Seniority 19
Section 1: General 19
Section 2: Seniority Information 19
Article VI – Hours of Work 20
Section 1: Scheduling 20
Section 2: Overtime 21
Section 3: Compensatory Time 22
Section 4: Rest Periods 23
Section 5: Meal Periods 23
Section 6: Call-Back Time 23
Section 7: Court Appearances 23
Section 8: Alternative Work Patterns 23
Article VII - Transfers 25
Section 1: Waiver 25
Section 2: Transfer Within Employing Units 25
Section 3: Additional Procedures 25
Section 4: Secondary Selection Procedures 26
Section 5: Definition of Permanent Vacancy 26
Section 6: Limitations 27
Section 7: Priority of Transfer Rights 27
Section 8: Interviews 27
Article VIII – Layoff Procedure 28
Section 1: Application of Layoff 28
Section 2: General Layoff Procedures 28
Section 3: Notice of Layoff 28
Section 4: Reduction in Hours 29
Section 5: Employee Options Upon Notification of Layoff 29
Section 6: Restoration 30
Section 7: A Reasonable Offer 30
Section 8: Reinstatement 31
Section 9: For Informational Purposes 31
Section 10: Employing Units 31
Section 11: Priority of Article VII and Article VIII Rights 31
Section 12: Definition of Permanent Vacancy 32
Section 13: Relocation Expenses 32
Section 14: Layoff Benefits 32
Section 15: Layoff Assistance 33
Article IX – Health and Safety 34
Section 1: Assignments 34
Section 2: First Aid Equipment and Training 34
Section 3: Tools and Equipment 34
Section 4: Transportation of Tools 34
Section 5: Protective Clothing 34
Section 6: Confidentiality of Records 34
Section 7: Medical Examination 34
Section 8: Job-related Exposure to Disease 34
Section 9: Foot Protection 35
Section 10: Safety Inspection 35
Section 11: Joint Committee on Health and Safety 35
Section 12: Data Sheets 36
Section 13: Safety Eyewear 36
Section 14: Weather Related Considerations 36
Article X - Miscellaneous 37
Section 1: Discrimination 37
Section 2: Union-Management Meetings 37
Section 3: Union-Management Meetings - Statewide 39
Section 4: Local Negotiations 39
Section 5: Notice of Promotional Exams 40
Section 6: Uniforms 40
Section 7: Damaged Personal Property 40
Section 8: Work Rules 40
Section 9: Inclement Weather 41
Section 10: Commercial Drivers Licenses and School Bus Endorsements (CDL/SBE) 41
Section 11: Training and Education 42
Section 12: Personnel Files 43
Section 13: Contracting Out 44
Section 14: Affirmative Action 44
Section 15: Blood Donations 44
Section 16: Employing Unit Designations 44
Section 17: Employee Assistance 44
Section 18: Child Care 45
Section 19: Operational Need 45
Article XI - Wages 46
Section 1: Wage Adjustments 46
Section 2: Recruitment Rates 47
Section 3: Pay Period 47
Section 4: Shift Differential 47
Section 5: Flight Pay 47
Section 6: Motorcycle Pay 47
Section 7: Administrative Date For Pay Adjustments 47
Section 8: Periodic Classification/Pay Range Assignment Meetings 48
Article XII – Employee Benefits 49
Section 1: Health Insurance 49
Section 2: Life Insurance 50
Section 3: Dental Insurance 50
Section 4: Income Continuation Insurance 50
Section 5: Sick Leave 50
Section 6: Paid Annual Leave of Absence (Vacation) 54
Section 7: Leave for Promotional Exams 57
Section 8: Leaves of Absence Without Pay 58
Section 9: Holidays 59
Section 10: Military Service 60
Section 11: Jury Duty and Witness Status 62
Section 12: Voting Time 63
Section 13: Retirement 63
Section 14: Meals While on Duty 64
Section 15: Hazardous Employment Status 64
Section 16: Travel and Lodging 65
Section 17: Administration of Worker’s Compensation Benefits 68
Section 18: Standby/On Call 68
Section 19: Hostage Leave 69
Section 20: Catastrophic Leave 69
Section 21: Employee Funded Reimbursement Account 71
Section 22: Calls at Home 71
Section 23: Critical Incidents 71
Section 24: Specialized Disaster Relief Services 71
Article XIII – No-Strike or Lockout 72
Section 1: General 72
Section 2: Dispute Resolution 72
Article XIV – General 73
Section 1: Obligation to Bargain 73
Section 2: Partial Invalidity 73
Section 3: Definition of Probationary Employee 73
Section 4 Definition of Appointing Authority 73
Article XV – Agreement 74
Section 1: Termination of Agreement 74
Section 2: Negotiations of Future Agreements 74
Negotiating Note No. 1 – State Patrol Troopers and Inspectors Assigned to Native American Treaty Rights Enforcement 75
Memorandum of Understanding #1 – successor to OSER 76
Memorandum of Understanding #2 – STAR Project 76
Appendix A – State Patrol Seniority-Based Transaction Grid 77
Appendix B – Personnel Transaction Pay Adjustments 78
Appendix C – Pay Schedule 63 80
Appendix D - Pay Administration for Classifications assigned to Pay Ranges 63-41 through 63-47 81
Appendix E - Pay Administration for Classifications assigned to Pay Range 63-48 82
Appendix F – Supplemental Health Insurance Conversion Credits Upon Retirement 82
Management Bargaining Team 83
Union Bargaining Team 84
Index 85
95
AGREEMENT
This Agreement, made and entered into this July 22nd, 2015, at Madison, Wisconsin, pursuant to the provisions of s. 111.80-111.97, Wis. Stats., by and between the State of Wisconsin and the Department of Transportation (hereinafter referred to as the Employer), represented by the Office of State Employment Relations; and the Wisconsin Law Enforcement Association, and its appropriate affiliated local (hereinafter referred to as the Union), as representative of employees employed by the State of Wisconsin (as set forth specifically in the Recognition Clause).
PURPOSE OF AGREEMENT
It is the intent and purpose of the parties hereto that this Agreement constitutes an implementation of the provisions of s. 111.80-111.97, Wis. Stats., consistent with the legislative authority contained therein, and provides for orderly and constructive employment relations in the public interest and in the interests of employees hereby covered and the State as an Employer.
The parties do hereby acknowledge that this Agreement represents an amicable understanding reached by the parties as the result of the unlimited right and opportunity of the parties to make any and all demands with respect to the Employer-employee relationship which exists between them relative to the subjects of bargaining.
ARTICLE I
SCOPE OF THE AGREEMENT
1/1/1 This Agreement relates only to State Patrol Troopers and State Patrol Inspectors who are classified public safety employees of the State of Wisconsin in the appropriate collective bargaining unit as defined by Section 111.81(15r), Wis. Stats., “Public safety employee” means any individual under s.40.02 (48) (am) 7. or 8.
1/1/2 This Agreement recognizes the bargaining unit. Each provision of this Agreement applies to the entire bargaining unit unless specified otherwise. The coverage of this Agreement shall be extended by the parties when mutually agreed to by the Employer and the Union to include employees in the classified service of the State of Wisconsin represented by the Wisconsin Law Enforcement Association as certified by the Wisconsin Employment Relations Commission.
ARTICLE II
RECOGNITION AND UNION SECURITY
Section 1 Bargaining Unit
2/1/1 The Employer recognizes the Union as the exclusive collective bargaining agent for all employees, as listed below:
2/1/2 Classifications
State Patrol Inspector 40
State Patrol Trooper 40
2/1/3 Employees excluded from these collective bargaining units are all general, sessional, confidential, limited term, project, management, and supervisory employees. All employees covered by this Agreement are in the classified service of the State of Wisconsin as listed in the certifications by the Wisconsin Employment Relations Commission as set forth in this Section.
2/1/4 The parties will review all deletions of existing classifications from the bargaining unit as well as all new classifications relating to the bargaining unit and, if unable to reach agreement as to their inclusion or exclusion from the bargaining unit, shall submit such classifications to the Wisconsin Employment Relations Commission for final resolution.
Section 2 Dues Deduction
2/2/1 Upon receipt of a voluntary written individual order from any of its employees covered by this Agreement on forms presently being provided by the Union, the Employer will deduct from the pay due such employee those dues required as the employee’s membership in the Union. A list of all employees from whose pay dues have been deducted shall be sent to the WLEA.
2/2/2 Such orders shall be effective only as to membership dues becoming due after the date of delivery of such authorization to the payroll office of the employing unit. New individual orders will be submitted on or before the 25th day of any month for deduction the following pay period. Deductions shall be made only when the employee has sufficient earnings to cover same after deductions for social security, federal taxes, state taxes, retirement, health insurance, income continuation insurance, and life insurance. Deductions shall be in such amount as shall be certified to the Employer in writing by the authorized representative of the local Union.
2/2/2A Dues shall be deducted each pay period (biweekly). The local Union will notify the Office of State Employment Relations of its intent to change from the current deduction method and will provide the amount and frequency of the new deduction.
2/2/3 Employees represented by the WLEA who have a WLEA membership card on file who move to another position which may be legally represented by the WLEA will have their WLEA dues deduction continued. When an employee represented by the WLEA who has a WLEA membership card on file moves to a position which may not legally be represented by the WLEA, the dues deducted on behalf of the WLEA shall cease. Subsequent to the employee movement, dues deductions will be paid to the local Union having jurisdiction over the geographic assignment of the employee. New authorization cards must be submitted as indicated above by employees returning after a leave of absence without pay in excess of twelve (12) months. The Employer will remit all such deductions to WLEA within ten (10) days after the payday covering the pay period of deduction.
2/2/4 Such orders may be terminated in accordance with the terms of the order the employee has on file with the Employer. However, under no circumstances shall an employee be subject to the deduction of membership dues without the opportunity to terminate his/her order at the end of any year of its life or earlier by the employee giving at least thirty (30) but not more than one hundred twenty (120) days written notice to the Employer and local Union.
2/2/5 In those units that have a fair share or maintenance of membership agreement, the Employer agrees to deduct the amount of dues or proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members, as certified by the Union from the earnings of the employees in the units. The amount so deducted shall be paid to the Union.
2/2/6 The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of any action taken or not taken by the Employer for the purpose of complying with the provisions of this Section.
Section 3 Bulletin Boards
2/3/1 The Employer shall provide bulletin boards at locations mutually agreed upon for use by the local Unions to enable employees of the bargaining unit to see notices posted thereon. Such mutual agreement shall be arrived at locally. The normal size of new bulletin boards will be eight (8) square feet. The Employer will maintain bulletin boards for employees now represented by WLEA and they need not conform to the normal size. In the event any new bulletin boards are mutually agreed upon, the Employer shall pay fifty percent (50%) and the Union shall pay fifty percent (50%) of the cost of such new boards. All notices shall be posted by the President of the local Union or his/her designee and shall relate to the matters listed below:
A. Union recreational and/or social affairs;
B. Union appointments;
C. Union elections;
D. Results of Union elections;
E. Union meetings;
F. Rulings or policies of the International Union or other Labor Organizations with which the Union is affiliated;
G. Reports of Union standing committees;
H. Any other material authorized by the Employer or his/her designee and the President of the local Union or his/her designee; and,
I. Official Union publications.
2/3/2 No political campaign literature or material detrimental to the Employer or the Union shall be posted. The bulletin boards shall be maintained by the President of the local Union or his/her designee. Any material determined by the Employer to not be in compliance with the provisions of this section shall be brought to the attention of the local Union President or his/her designee and said material shall be discussed prior to its removal from the board.
2/3/3 The location, size, type and number of bulletin boards shall not be subject to the grievance procedure in Article IV. In determining the location and number of new bulletin boards at assigned work sites, consideration shall be given to diverse factors including but not limited to: normal traffic patterns, the number of employees at such work locations, the type of work performed, the general location of employee gathering places, such as break rooms and lounges, and access of the public to such locations. The location, size, type and number of new bulletin boards shall be subject to the grievance procedure in Article IV. For the purposes of this paragraph only “assigned work sites” shall mean the facility or location to which the employee is normally assigned by the Employer and from which he/she performs his/her assigned duties.