Shawnee County 911 Final Bargaining Report

The Union reached a Tentative Agreement with Shawnee County 911 Workers. Details as follows:

Duration

• New agreement is 3 years

Wages

• 1st Year – See Table Below
• 2nd Year – See Table Below
• 3rd Year – See Table Below
• Retroactivity on all wages back to January 9, 2016

Benefits

• No changes

Wage Scales

SECTION 10

HOURS OF WORK

10.1     Work Week.  The pay week shall be Saturday through Friday.  The pay week shall start at 06:30 a.m. Saturday.  Each work day shall start at 06:30 a.m. 

            Management shall post the work schedule by noon on Tuesday prior to the effective date of the schedule.  Management retains the right to create shifts as needed to fulfill Agency needs.

It is the responsibility of each employee to check, keep track and monitor his/her schedule.  Unless an employee is on a day off or paid leave, any errors must be brought to the attention of the supervisor as soon as noticed but not less than twenty four (24) hours of the actual date of the assignment to be corrected and/or changed.  The exception to this paragraph is the cancellation provisions contained within the Section 10 of this Memorandum of Understanding.

10.2     Overtime.

            a.      Rate.  Time and one‑half (1½) will be paid for all hours over forty (40) worked in a work week. 

            b.      Hours.  The following as described below shall be counted as hours worked for the purpose of overtime: hours actually worked, vacation, personal leave days, holidays, and union time when used during shift.  If an employee uses vacation leave in conjunction with an approved FMLA leave, the vacation time will not count towards the computation of overtime.

            c.      Special Provisions. 

                     1.      Union time outside of shift will be paid as straight-time.

                     2.      Overtime will not be paid pursuant to this section for any hours worked on a holiday.

                     3.      Working on the Holiday.  If an employee is required to work on a holiday, they shall be paid at three (3) times their regular straight time hourly rate for all hours worked on the holiday.  This includes the eight (8) hours of holiday pay if eligible.  This will constitute the entirety of the pay for all hours worked on the holiday.  Up to eight (8) hours of actual time worked on the holiday shall be counted as straight time for the purpose of accumulating forty (40) hours for overtime purposes.   Any hours over eight (8) worked on the holiday shall only be paid at three (3) times and shall not be subject to additional overtime compensation.

                     4.      Holiday Pay on Normal Day Off.  Each full‑time regular employee covered by this agreement who is not required to work on a day observed by the County as a paid holiday (see holiday schedule) and is eligible for holiday pay, shall be paid for eight (8) hours of holiday pay at their regular straight time hourly rate.  If the holiday occurs on the employee’s scheduled day off (without pay) it will not count towards the computation of overtime.

                     5.      Holiday Pay and Approved Day Off.  If the holiday occurs on an employee’s regularly scheduled day to work and the employee is approved to take the day off, the employee shall be paid for eight (8) hours of holiday pay (if eligible) at their regular straight time hourly rate and the holiday pay will count towards the computation of overtime.  No deduction from any leave accruals shall be made for the holiday pay.

                     6.      As a settlement for all current issues concerning the computation of holiday pay, the parties agree to accept the language in Section 10.2.  This subsection shall be reviewed for all future M.O.U.

10.3     Compensatory Time.

            a.      Request.  Employees may voluntarily request to take compensatory leave in lieu of paid overtime or may agree to do so upon the Employer's request.  All compensatory leave arrangements shall be in writing at the time of the request and agreement by both the employee and the Employer or designee. 

            b.      Accrual.  Benefit-eligible employees may earn compensatory leave accrual in lieu of hard dollar payment for overtime hours when offered by management at a rate, of one and one half (1½) times the number of hours worked in excess of forty (40) hours in a week.

            c.      Maximum Accrual.  An employee may accumulate up to a maximum of three hundred and twenty (320) hours of compensatory time and may carry over three hundred and twenty (320) hours of compensatory time from one (1) calendar year to the next year.

            d.      Acceptable Use.  All compensatory times requested are subject to the needs of the department.  However, denial of a requested compensatory time shall not be arbitrary and shall not unreasonably defer the taking of compensatory time so that for all practical purposes the employee is deprived of compensatory time rights.  Emergency or short notice compensatory time requests will not be unreasonably denied.  Compensatory time may be requested in increments that may be accommodated by the County Computer Payroll System.

            e.      Special Conditions.  An employee shall be paid for all accrued compensatory time at his/her regular hourly rate of pay, excluding any premium pay, on termination of his/her services from the County or obtaining exempt status.

10.4     Overtime Procedure.  The parties agree that in the following section that the term “overtime” will be used to denote other hours worked outside of the employees’ regularly scheduled shift.  It is agreed that the hours worked may not be counted toward the computation of overtime, depending on other factors such as use of sick leave, etc.

            a.      Overtime List.  Once determined by management to be qualified, on all job stations, employees will be placed on a list which will indicate the shifts for which they are eligible for overtime, as well as what hours they are willing to be called for voluntary overtime.  Changes to this list must be requested in writing to the employee’s shift supervisor.  This list will be produced in descending bargaining unit seniority order and shall include the phone number the employee wishes to be used for contact. 

            b.      Voluntary Overtime Signup.  If overtime becomes available with at least seventy-two (72) hours notice, an overtime list may be posted on which employees may sign their name indicating they will accept the overtime.  The overtime will then be assigned as close to 08:00 as possible, three (3) days prior to the day of the overtime to the most senior employee volunteering for the overtime, provided they meet the adequate rest guidelines.  Voluntary overtime requests shall be submitted no later than 07:30 hours the day the posted overtime is assigned.   If no employee signs up for the voluntary overtime, the overtime will fall under the following section.

            Employees who report to be sick/injured or call in for any type of sick leave and are unable to work their voluntary overtime twice within a six (6) month period shall be placed on Voluntary Overtime Restriction for a period of sixty (60) days after notification of restriction, unless medical documentation is provided within two (2) days of returning to work. The Employer must notify the employee(s) of this restriction with five (5) business days (Monday-Friday, excluding holidays) of the infraction.  Employees will not be exempt from forced overtime.

            c.      Voluntary Overtime Call Back.  If the overtime is known in less than seventy-two (72) hours notice, overtime will be offered using the overtime call back list.  Utilizing the list in subsection (a) above, the Employer shall offer overtime once for each block of overtime per shift.  If the employee is on duty, the Employer shall offer the overtime to the employee in person each time the overtime is available.  If the employee is not on duty, the Employer shall call the contact number listed in subsection (a).  The employee is responsible for obtaining voice mail if the employee wants overtime.  If the Employer leaves a voicemail and the employee responds, the employee may take the overtime, unless another employee has volunteered for it before the employee contacts the Employer.  Once the voluntary overtime callback list has been exhausted the overtime, at the Employer’s sole discretion, may be assigned to intermittent employees.  Any overtime not assigned to intermittent employees will fall under the following section.  A supervisor desiring the overtime shall wait fifteen (15) minutes after the exhaustion of the list before volunteering for the overtime.

            Once a bargaining unit employee has volunteered for voluntary overtime either under subsection (b) or (c) above in order to change and not work the overtime, the bargaining unit employee must go back to the top of the overtime call back list to solicit a replacement under the same rules as above.  If no replacement is found utilizing the overtime call back list, the bargaining unit employee may solicit anyone, including supervision, qualified to do the work.

            Overtime or trade time requests cannot be submitted or approved for any schedule that is not yet posted.

            d.      Forced Overtime.  If no one volunteers for the overtime, the overtime will be assigned to the least senior employee with adequate rest on the shift.  When the Employer has to divide a shift to not violate the twelve-hour adequate rest provision, consideration to working short is taken before forcing overtime. 

            e.      Minimum Time.  Employees called back to work not in conjunction with their regular shift hours shall be provided a minimum of two (2) hours work or paid for a minimum of two (2) hours work at their regular rate of pay.  Employees shall work for a minimum of two (2) hours. If the employee requests and is approved to leave early the employee shall be paid for only actual hours worked. 

            Off duty voluntary meeting (e.g. shift meetings, trainer’s meeting, etc.) shall not be subject to any minimum time and will be paid for actual length of time at a meeting at straight time.

            f.       Other Considerations.  No employee, regardless of seniority, will be offered or allowed to work in a position for which they are not qualified except in emergency situations as determined by the Appointing Authority or designee.

            No employee on approved leave, with or without pay, excluding sick leave, shall be called for overtime except in emergency situations as determined by Appointing Authority or designee.  If the overtime is scheduled for a period when the employee is scheduled to be on shift, then the employee shall be called and offered voluntary overtime.

            Employees who have been contacted for “Forced Overtime” and call in sick for the second time in any consecutive six (6) month period may be subjected to Section 20 Discipline and Discharge, as well placed on the sixty (60) day Voluntary Overtime Restriction unless medical documentation is provided within two (2) days of returning to work.   If currently on the sixty (60) day Voluntary Overtime Restriction, the sixty (60) days will restart with each infraction.  

            If all employees that are on shift are exempt from forced overtime due to restrictions, the employee with the least bargaining unit seniority on shift shall be required to work the overtime.

            g.      Adequate Rest.  No employee will be forced, except in emergency situations as determined by the Appointing Authority or designee, to work without adequate rest.

                     1.      Adequate rest shall mean eight (8) consecutive hours off during a consecutive twenty‑four (24) hour period.  The twenty‑four hour (24) period begins at the time the employee reports to work after having at least eight (8) or more hours off.  (Example:  An employee comes in to work at 06:30 after being off since 14:30 the day before.  From 06:30 on this day to the next morning at 06:30, there must be another consecutive eight (8) hours off.)

                     2.      Adequate rest shall also mean that no employee shall work more than twelve (12) consecutive hours.

                     3.      Adequate rest also provides that once an employee has worked twelve (12) hours of overtime during a pay period, that employee shall not be forced to work additional overtime during the same pay period if there are other employees available to work the overtime.  If an employee is currently on duty and will complete their twelve (12) hours or more of overtime by the time they are relieved and off duty, the employee will have been considered to have met the twelve (12) hour limitation on overtime.

                     4.      An employee’s days off are guaranteed from forced overtime except for the eight (8) hours consecutively following his/her regular shift on their last day of the work week.  The first scheduled day off, not to include the eight (8) hours following the last regular shift of his/her work week, the employee shall not work including trade time.  Employees are allowed to work special duty or training on their first day off with the agreement of the employee and if no alternative scheduling is possible.  The employee’s second or third days off they may volunteer for overtime.  A day off is defined as the employee’s scheduled day off without pay. 

            h.      Assigned Overtime Cancellation.  The Employer may cancel overtime: 

                     1.      If overtime that has been posted to an employee’s schedule is cancelled due to a management mistake in scheduling, within seventy-two (72) hours of the scheduled time, the employee will be paid fifty percent (50%) of the assigned hours of overtime at the appropriate overtime rate.

                     2.      If overtime hours are cancelled as described in 1 above, those cancelled hours will be counted toward the twelve (12) hours employees need to protect themselves from further forced overtime during the pay period.

                     If an employee has worked overtime, but has not worked the full twelve (12) hours, the employee is subject to being forced for additional overtime that becomes available.  (Example: An employee that has worked eight (8) or more hours, but less than twelve (12), is subject to being forced for up to four (4) additional hours of overtime, not just the amount that will bring the employee to a total of twelve (12) hours of overtime.  An employee has worked four (4) hours or more of overtime, but less than eight (8) hours, the employee is subject to being forced for up to an additional eight (8) hours.  An employee that has worked less than four (4) hours is subject to being forced for up to twelve (12) hours.)

10.5     Shift Bidding.  Bidding for semi-annual (January through June, July through December) shift assignments will be held annually beginning on November 1 and ending on November 15 of each year.  Employees shall pick their shift assignments for both shift bids during the shift bid period for the following year.  The Employer shall post by November 1 of each year a listing of classifications/shift assignments available.  Bargaining unit employees may bid, by bargaining unit seniority, for a classification/shift assignment, which they currently hold.  The employer shall assign according to bargaining unit seniority at the conclusion of the bidding process.  The Employer shall post on or before November 25th the new January schedule.  Shift personnel changes resulting from shift bidding will take affect the first full pay period falling in January of the following year.

            After shift bidding has been completed the Employer may assign probationary employees to temporary shifts for training purposes until their probationary period is completed.  A trainee shall be considered in training until his/her new hire probationary period ends.  The trainee shall not be eligible for shift bidding until the probationary period is completed.  Permanent vacancies as determined by the Employer that occur throughout the year will be offered by bargaining unit seniority to current employees.  If vacancies occur throughout the year and no employee bids on the vacancies, in order to meet staffing requirements, the Employer reserves the right to ask for volunteers, in descending bargaining unit seniority in the classification (s) needed to move to the appropriate shift. If no employees volunteer, the Employer shall force in ascending bargaining unit seniority order in the classification(s) needed.

            Bargaining unit members who fail to bid shall be assigned by the Employer to those positions/shift assignments remaining open after the completion of the bidding process.

10.6     Trade Time.  Employees, with the approval of management will be allowed to trade any part of their regular shift with another employee for any part of their regular shift in a minimum of four (4) hour increments up to two (2) times in the same work week. If a trade between two employees results in one employee working eight (8) consecutive hours and the second employee pays time back in two (2) four (4) hour segments, that will be considered one trade.   All trades are considered permanent and cannot be changed without the prior approval from both employees.  Voluntary overtime and first day off cannot be traded.  Employees are responsible for all aspects of the trade time, including informing the Employer of the schedule change.  The employee will be exempt from forced overtime for the shift the employee vacated.  An eight (8) hour trade exempting an employee from working on his or her regular work day does not constitute a day off. Regular assigned days off do not change for protection from overtime purposes. Employees may not trade time on a holiday.  Any employee who trades time and uses any sick leave or enters leave without pay during the hours of their traded time may be prohibited from trading time for one hundred and twenty (120) days.  The Appointing Authority or designee shall determine if to enact this prohibition.

10.7 Shift Trade. Employees desiring to trade shifts will be allowed to do so with approval of senior employee(s).  Employees will assume the schedule of the employee they traded with.  This may affect his/her vacation bid(s). Employees are limited to utilizing Section 10.7 two (2) times per year.

SECTION 11

LEAVE OF ABSENCE

11.1     Military Leave.  All employees of Shawnee County who are members of any guard or reserve component of the military service of the United States shall be granted, subject to the further provisions set out herein, a maximum of twelve (12) working days per calendar year of military leave with pay for active duty for training purposes as defined in K.A.R. 1‑9‑7b (as it may be amended in the future).  The maximum military leave with pay allowed shall be the difference between the base pay the employee would have normally received from the County during the specific period of military leave and the amount actually received from the military during the same period.  If the employee's military pay is equal to or greater than their County base pay, then said period of military leave shall be without pay.  With respect to other service in the military service of the United States, any permanent or probationary employee shall be granted leave without pay to cover the length of service in the military service.

            At the employee's request, properly made pursuant to the vacation leave regulations applicable to said employee, accrued vacation leave may be used in lieu of military leave without pay.  Each request for military leave shall be accompanied by a copy of the appropriate military orders.  Military leave for officer reserves who are ordered to active duty or who volunteer for a period of active duty shall be limited to the date when the officer can by his/her own actions terminate such active duty or the date of his/her orders to inactive status, whichever may occur first.

            An employee who receives an honorable discharge from military service shall, if he/she makes application to the appointing authority within ninety (90) days after the effective release from active duty, be reinstated in a position in the same class as the position held at the time the leave was granted.  His/her status upon reinstatement shall be the same as it was at the time the leave was granted.  After reinstatement from authorized military leave, in all actions where employee status is affected by length of service, the time which the employee served with the military shall be considered as time served with the County.

            An employee, following initial active duty training with the national guard or organized military reserves shall, if he/she makes application to the appointing authority within thirty‑one (31) days following release from active military duty, be reinstated in a position in the same class held at the time the leave was granted with the same seniority, status and pay he/she would have had if he/she had remained continuously on the job.

11.2     Other Leave.  A leave of absence without pay, may be allowed not to exceed six (6) months for good and sufficient reasons at the discretion of the Employer.  Said leave may be extended for additional six (6) month periods at the discretion of the Employer.

            Permanent employees may be granted leave without pay for a reasonable period of time not to exceed six (6) months consistent with the effective fulfillment of his/her department's duties.  Such leave may be granted for illness, childbearing, child adoption, other temporary disabilities, or for other good or sufficient reason which is considered to be in the best interest of the employee, County and/or the department.  Such leave, if it is to exceed thirty (30) calendar days, shall be requested in writing by the employee and shall require written approval of the appointing authority and the Director of Human Resources.  No leave without pay shall be granted to an employee so long as the employee has vacation leave credits.  However, a leave of absence shall not be granted to allow an employee to take a position with another employer or to be self‑employed.

            Time elapsed during an employee's leave of absence, if greater than thirty (30) days, shall not count toward that employee's length of service, except as addressed in Federal Regulations.

            If the interest of the County and department make it necessary, the appointing authority may terminate a leave without pay by giving written notice to the employee at least fourteen (14) days prior to the termination date.  With the approval of the appointing authority, an employee may return from leave on an earlier date than originally scheduled.

            When an employee returns at the expiration of an approved leave without pay or upon written notice by an appointing authority that a leave without pay has been terminated, the employee shall be returned to their original position the employee held at the time leave was granted, or to a position in another class in the same salary range for which he/she meets the qualifications.

            Failure to return to work at the expiration of an authorized leave of absence, or upon notice by the appointing authority that a leave has been terminated, shall be deemed a resignation.  Before terminating an employee for failure to return from leave, the appointing authority shall make a reasonable effort to contact the employee, and shall have sent written notification.  All vacation benefits shall be paid under this contract at the time of termination.

            An employee cur