ARTICLE 2 - RECOGNITION
Section A. Representation Unit.
The Employer recognizes the Union as the exclusive representative, certified by the State Personnel Director, on July 20, 1979, and on September 21, 1984 for the purpose of collective bargaining with respect to wages and other terms and conditions of employment as defined by the Civil Service Rules and Regulations for those employees in the Security Unit as listed below:
Pay Range | Classification |
C12-001 (8) | Corrections Medical Officer 8 |
C12-001 (E9) | Corrections Medical Officer E9 |
C12-003 (E10) | Corrections Medical Unit Officer E10 |
C12-001 (8) | Corrections Officer 8 |
C12-001 (E9) | Corrections Officer E9 |
C12-001P | Corrections Officer Non Career |
C12-005 (E10) | Corrections Resident Representative E10 |
C12-005 (E10) | Corrections Security Representative E10 |
C12-003 (E10) | Corrections Transportation Officer E10 |
C12-006 (8) | Forensic Security Assistant 8 |
C12-006 (9) | Forensic Security Assistant 9 |
C12-006 (E10) | Forensic Security Assistant E10 |
Resident Unit Officer 10 | |
C12-002 (9) | Special Alternative Incarceration Officer 9 |
C12-002 (E10) | Special Alternative Incarceration Officer E10 |
All employees holding positions in classifications designated above shall be covered by the provisions of this Agreement, except as otherwise provided. The Resident Unit Officer 10 classification was abolished in 2015 however it remains included in this Agreement for reference. Employees working in managerial, supervisory, or confidential positions are excluded.
This Agreement shall not automatically cover other classifications that may be assigned to the Security Unit by the State Personnel Director after the effective date of this Agreement, unless the incumbents in such newly assigned classification are already covered by this Agreement, or unless the parties expressly agree to such coverage during the term of this Agreement. The Union shall have the right to negotiate the wages, hours, and other terms and conditions of employment, which are proper subjects of bargaining, for newly assigned classifications to which these contract terms are not automatically applicable pursuant to the above.
Section B. New or Abolished Classifications.
The parties will review all abolishments of existing Bargaining Unit classifications as well as all new classifications consisting of a significant part of the duties of existing Bargaining Unit classifications. The Employer shall not request that such positions be reclassified, reallocated, or retitled for the sole purpose of removing them from the Bargaining Unit except upon agreement of the Union, nor for the purpose of undermining the status of the Union as exclusive bargaining agent.
Nothing herein shall prohibit downgrading a position for training because a register of certified candidates for the higher level is unavailable. The provisions of this Agreement shall no longer apply to an employee in such position when it is returned to the level outside the Bargaining Unit from which it was downgraded.
Nothing herein shall prohibit either of the parties from exercising its unit clarification rights under the provisions of the Civil Service Rules and Regulations.
Section C. Integrity of the Bargaining Unit.
As provided in this Agreement, Bargaining Unit work will normally be performed by Bargaining Unit employees.
The Employer may utilize intern programs, work experience programs, resident programs, volunteer programs, and/or seasonal programs of the kind currently employed in facilities in this Bargaining Unit. The primary purpose of such programs shall be to supplement ongoing activities or to provide training opportunities.
The Employer recognizes that the integrity of the Bargaining Unit is of significant concern to the Union. The Employer shall inform the Union of the economic or programmatic reasons for changes in work routines or systems that result in layoff or attrition of positions.
Section D. Work Performed by Supervisors.
Effective January 1, 2016 the Civil Service Commission rule regarding working out of class was modified, and as a result language was removed from this Article of the collective bargaining agreement. Disputes regarding working out of class may be raised to Civil Service through the appeals process established in Civil Service Rules and Regulations. The Employer recognizes that the integrity of the Bargaining Unit is of significant concern to the Union and will, consistent with available resources, attempt to maintain that integrity.
Section E. Aid to Other Unions.
The Employer agrees and shall cause its designated agents not to aid, promote, or finance any other labor or employee organization which purports to engage in employee representation of employees in this Bargaining Unit, or make any agreements with any such group or organization for the purpose of undermining the Union. Nothing contained herein shall be construed to prevent any authorized representative of the Employer from meeting with any professional or citizen organization for the purpose of hearing its views, except that as to matters presented by such organizations which are mandatory subjects of negotiation, any changes or modifications shall be made only through negotiations with the Union.
Nothing contained herein shall be construed to prevent any individual employee from (1) discussing any matter with the Employer and/or supervisors, or (2) processing a grievance in his/her own behalf in accordance with the grievance procedure provided herein.
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