Section A. Union Representatives and Jurisdictions.

Employees covered by this Agreement are entitled to be represented in the Grievance Procedure and for other purposes as provided in this Agreement, by any elected or appointed Union Official  At the discretion and expense of the Union, an MCO Central Office Representative or Executive Board member may provide representation during grievance or disciplinary processes.

The Union is entitled to designate a reasonable number of Stewards and Chief Stewards in accordance with this Section. Stewards and Chief Stewards (and Alternate Stewards, if any) shall be employed or on leave of absence from a position in the Bargaining Unit and shall be representatives for all employees in the Bargaining Unit within their respective jurisdictional area.

1.  Chief Stewards: The Union shall be entitled to designate Chief Stewards for the purpose of providing grievance representation at Step 1 and higher steps in more complex or contract interpretation disputes and, where designated in accordance with Article 11 of this Agreement, to participate in Labor-Management Meetings. Chief Stewards have jurisdiction within the Bargaining Unit in their department as designated below except as mutually agreed to by the parties:

Facilities: One Chief Steward per facility.

DOC-FOA:     Statewide: One Chief Steward.

 

2. Stewards: The Union shall be entitled to designate a Steward for each jurisdictional area of Bargaining Unit employment in the Steward’s own Department as follows:

Facilities: One Steward per shift at each Work Location with 125 or fewer Bargaining Unit positions and one additional Steward for each 125 positions thereafter. The chapter shall determine the jurisdictional area for the additional Stewards except for those specifically designated below:

Egeler Correctional Facility: One CMO/CMUO Steward per shift at the Duane Waters Health Center; one additional Steward for the Transportation Unit.

Unique Operations: As may be mutually agreed upon and documented by MCO Central and the Department.

12-Hour  Facilities: One Steward per platoon not to exceed a total of four per facility.

3. Alternate Stewards: The Union may also designate one alternate Steward for each Steward listed above. The alternate Steward will have the same jurisdictional area as his/her Steward, and will only be entitled to act as a representative during the absence of the Steward from work.
4. Notice of Designation: The Union shall notify the Employer in writing of the names of the Stewards and Chief Stewards and Alternate Stewards, with their jurisdictional areas as described above, as soon as possible after the effective date of this Agreement. The Union shall promptly notify the Employer of any changes or additions to such list of designated Stewards and Chief Stewards as soon as they are made.

In the event the Employer has a concern about the Union's designations and/or jurisdictional areas, a representative of the Union and the Employer will meet in a Special Conference at the request of the Employer to resolve such concerns.

Section B. Release of Union Representatives.

No Steward, Chief Steward or Chapter President shall leave work to engage in employee representation activities without first notifying and receiving authorization from his/her supervisor or designee. Such approval shall normally be granted and under no circumstances shall it be unreasonably denied. In the event that approval is not granted for the time requested by such designated representative and the representation activity is within his/her jurisdictional area, the Union, at its discretion, may either request that a different Union Representative be released for such purpose or that the matter be postponed and rescheduled. Such a request shall normally be granted and under no circumstances shall it be unreasonably denied. In making such request, the Union will provide timely representation so that the activity would not be unreasonably delayed.

The designated Representative shall not contact or interrupt the employee while at work without first notifying and receiving authorization from the employee's supervisor.

The Employer shall not be obligated to release any elected or appointed Union Official  for any grievance or disciplinary conference if the employee is being represented in such grievance or disciplinary conference by a Union Staff Representative.

At its discretion, and on a case by case basis, the Union may designate an MCO Executive Council member to act in lieu of the Chief Steward. In such circumstances, the MCO Executive Council member shall be entitled to enjoy the same rights and privileges as provided herein for the Chief Steward, if the MCO Executive Council member is employed in this Bargaining Unit. At its discretion, the Union may also designate the Executive Council Member as the regular Chief Steward.

Any pay provided by the employer for release from work authorized in accordance with this article shall be governed by Civil Service Rules and Regulations.

Section C. Right to Representation.

An employee shall be entitled to Union representation as provided for in this Agreement.

Section D. Union Negotiating Committees.

Employees covered by this Agreement will be represented in primary and secondary level negotiations conducted during the term of this Agreement in accordance with this Section.

1. Primary Negotiations. The Union will designate a primary-level negotiation team who, if state employees, shall be employed or on leave of absence from a position in this Bargaining Unit. By mutual agreement between the parties to such primary negotiations, the Union may designate up to seven alternates who are employed in this Bargaining Unit to participate in such negotiations based upon the issues scheduled on the negotiations agenda.
2. Secondary Negotiations. In the Department of Corrections, the Union shall be entitled to designate up to seven secondary negotiation team members; in the Department of Health and Human Services, the Union shall be entitled to designate up to three secondary negotiation team members. Secondary level negotiation team members shall be employed or on leave of absence from a position in this Unit in the Department to which such secondary negotiations pertain.
3. Pay for Union Negotiation Committees. Not more than 12 primary level negotiation team members, and not more than seven Department of Corrections and not more than three Department of Health and Human Services Secondary Negotiation Team Members, shall normally be entitled to be released from scheduled work to participate in negotiations.

Such release without pay shall normally be granted and under no circumstances shall unreasonably be denied.