CCBC Memorandum of Agreement
MEMORANDUM OF AGREEMENT
Table of Contents
ARTICLE 1 - RECOGNITION OF UNION
ARTICLE 2 - MANAGEMENT FUNCTIONS
ARTICLE 3 - GRIEVANCE PROCEDURE
ARTICLE 5 - HOURS OF WORK
ARTICLE 6 – WAGES
ARTICLE 7 - LEAVES OF ABSENCE
ARTICLE 8 – HOLIDAYS
ARTICLE 9 – VACATIONS
ARTICLE 10 - UNION PRIVILEGES
ARTICLE 11 - INSURANCE AND RELATED BENEFITS
ARTICLE 12 - STRIKES AND LOCKOUTS
ARTICLE 13 - NON-DISCRIMINATION
ARTICLE 14 - SCOPE OF AGREEMENT
ARTICLE 1 - RECOGNITION OF UNION
Section 1.1 - Management Defined
Whenever used in this Agreement, the term “Management” shall mean the Board and/or the administrative staff designated by the Board to implement and administer the Board’s policies.
Section 1.2 - Exclusive Representative
The Board recognizes the Union as the exclusive representative of the Unit 2 Classified
Employees in positions included in Appendix One for the purpose of collective bargaining for wages, benefits and working conditions.
Section 1.3 - Employees in the Bargaining Unit
(A) Definition of Employee Whenever used in this Agreement, the term "employee" shall mean classified employees with the job titles set forth in Appendix One, but excluding all employees who have access to
confidential information, including budgetary and/or fiscal data subject to use by the Board in collective bargaining, law enforcement, and security personnel, and supervisory employees; employees regularly scheduled to work less than (20) hours a week.
ARTICLE 2 - MANAGEMENT FUNCTIONS
In accordance with the Rules and Regulations for Collective Bargaining for Classified Employees, all management functions, rights, and prerogatives, written or unwritten, which have not been expressly modified or restricted by a specific provision of this Agreement, are retained and vested exclusively in Management and may be exercised by Management at its sole discretion. Such rights include, but are not limited to, all rights and prerogatives granted by applicable law, to evaluate applicants and select individuals for employment, to discipline and discharge employees for just cause, to lay off and recall employees. In exercising these rights, management shall not
knowingly violate the contents of this Agreement.
ARTICLE 3 - GRIEVANCE PROCEDURE
Section 3.1-Standard Procedure
(A) Definition of Grievance
A grievance shall mean any dispute between an employee, or group of employees, and the College concerning the application of, the interpretation of, or a claimed violation of the express terms of this Agreement. It is understood that rules, regulations, policies, or practices implemented pursuant to this Agreement fall within this definition.
(B) Procedures
Step l--Within ten (10) days of the event giving rise to the grievance or after the employee reasonably should have known of the event giving rise to the grievance, the aggrieved employee, or a representative of the Union may submit a written grievance to the employee's immediate supervisor. The immediate supervisor will attempt to resolve the grievance, including holding a meeting if requested by the grievant and provide the grievant or steward with a written response in 15 days. (If requested by the grievant, said meeting shall include a representative from the union.)
If the grievance cannot be resolved at this level the grievance may be appealed to Step 2 by the Union or the employee. If the grievance is resolved between the employee and their supervisor, a written disposition of the grievance shall be forwarded to the Union indicating the result of the grievance.
Exception--A grievance that the Union contends is of significance to a group of employees, or that the Union contends challenges a policy or practice of the College as a whole, may begin at step 2. That grievance shall be filed within 10 days of the event giving rise to the grievance or after the grievant reasonably should have known of the event giving rise to the grievance. Management reserves the right in its discretion to refer the grievance back to step 1. The timing under this procedure then will begin at step 1 upon notification to the grievant. Step 2--Within ten (10) days of receiving Management's answer to the grievance at Step 1, the grievance may be appealed by the Union or the employee to the Executive Director of Human Resources. The written appeal shall indicate the name of the aggrieved, the action causing the grievance, the contract provision alleged to be violated, if any, and the remedy requested by the
Union or employee. Upon receipt of the appeal, a meeting shall be held within ten (10) days between the aggrieved, a representative of the Union if the grievant so chooses, and the Executive Director of Human Resources or designee. The employee may represent himself during the meeting if he chooses. Upon conclusion of that meeting Management shall confirm its response to the grievance in writing within ten (10) days.
Step 3--Within ten (10) days of receiving Management's answer to the grievance at Step 2, the grievance may be appealed in writing by the Union or the employee to the President. Upon receipt of the appeal, a meeting shall be held within ten (10) days between the aggrieved, a representative of the Union if the grievant so chooses, and the President or designee. The employee may represent himself during the meeting if he chooses. Upon conclusion of that meeting, Management shall confirm their response to the grievance in writing within ten (10) days.
(C) Meeting Procedures
The time and location of grievance meetings shall be mutually agreed upon. All time spent by employees in the grievance procedure and traveling to a grievance meeting shall be paid at the regular rate of pay and shall be considered as time worked. Management shall supply the Union with all requested material relevant to the issue of the grievance, and the Union will be afforded the opportunity to make copies in a manner that does not interfere with the operation of the College.
(D) Time Limitations
Whenever used in this Article 3, the word "days" shall mean all days during the calendar year other than Saturdays, Sundays, spring and winter breaks, and holidays listed in this Agreement. Time limits may be extended only by mutual agreement in writing of Management, the Union, and the aggrieved. If the Union or the aggrieved fail to comply with the time limits set forth in this Article, the grievance shall be deemed to have been waived. If Management fails to comply with any time limits set forth in this Article, the grievance shall automatically proceed to the next step.
(E) Union Representation
(1) Copies of Written Grievances
Upon receipt of a written grievance or written appeal submitted by an employee in
accordance with the procedure set forth in Steps 1 through 3 of this Section 3.1, Management shall furnish a copy to the Union President. A copy of any written answer of Management under Steps 1 through 3 of this Section 3.1 shall be forwarded to the Union President simultaneously with its submission to the aggrieved employee.
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(2) Representation at Grievance Meetings
An employee may be represented at the meetings held pursuant to Steps 1 through 3 of the procedure set forth in this Section 3.1 by a steward designated by the Union unless the aggrieved employee objects. Any settlement or resolution of a grievance with an employee who elects not to have a Union representative present shall not be binding upon the Union or other persons represented by the Union.
Section 3.2 - Arbitration
A grievance involving a suspension (for just cause), termination (for just cause) or demotion (for just cause) of any employee and any grievance involving the interpretation of this contract may be appealed to arbitration within ten (10) days of receiving Management's written response following Step 3 of the grievance procedure. The written appeal shall be in writing to the Executive Director of Human Resources.
(A) Procedure Within ten (10) days following receipt of the written appeal letter, the Executive Director and the Union shall jointly request a panel of not less than seven (7) arbitrators from the American Arbitration Association to begin the selection process. Selection shall be made by the Union and Management alternately striking from the list. The final name shall be the arbitrator for the grievance. The striking process shall be rotated between the Union and Management. The arbitrator shall have no authority to add to, subtract from, or modify any provision of this Agreement. The award of the arbitrator shall be final and binding and both parties agree to
abide by the decision.
(B) Expense
Each party shall bear the expense of preparing and presenting its own case. The
compensation and expenses of the arbitrator and any other expenses relative to the procedures shall be borne equally by both parties.
ARTICLE 4 – SENIORITY
Section 4.1 - Definition
As used in this Agreement "seniority" shall mean an employee's continuous length of
service for Management since his or her last date of hire as a regular employee. All time spent on leave under the Family and Medical Leave Act of 1993 shall be considered as continuous service.
Section 4.2 - Termination of Seniority
An employee’s seniority shall terminate without recourse under the provisions of this
Agreement for the following reasons:
(a) Discharge for cause, voluntary resignation or retirement;
(b) Failure or refusal to return to work within three (3) days of notice of recall from layoff, when such notice is provided by registered mail to the employee’s last known address as reflected in his or her personnel record;
(c) Layoff or leave of absence for more than one (1) year since the employee’s last day
worked for Management, or a period of time exceeding the employee’s seniority, whichever is less.
Section 4.3 - Seniority Roster
Management shall furnish to the Union a seniority roster of employees as of July 1 of each calendar year.
Section 4.4 - Probationary Employees
(A) Probationary Period for Newly Hired Employees
An employee shall be considered a “probationary” employee until ninety (90) days have elapsed from his or her most recent date of hire. Management may, in its sole discretion, extend the probationary period for additional time. If the probation is extended, the employee will be given written notification of the reasons for the extension, and the corrective action that is expected.
Seniority shall not accrue until an employee has successfully completed his or her probationary period, at which point seniority shall become established as of the employee's last date of hire. The discipline or discharge of a probationary employee shall not be subject to the grievance procedure.
(B) Probationary Period for Promoted or Transferred Employees
An employee shall be considered a probationary employee until ninety (90) days have elapsed from his or her most recent date of voluntary promotion or transfer to another position at the College.
Seniority shall not be affected by this provision. Management will attempt to return an employee who does not succeed during the probationary period to his or her prior position if a candidate has not been offered the position. In the event a position is not available at the end of the probation, the employee will receive vacancy notices and be considered for positions as a current employee for six months.
Section 4.5 - Layoff
If Management determines layoffs are necessary, the Union will be notified at least 30 days in advance as to which employees will be affected. After discussion with the Union, employees inthe same position shall be laid off in inverse order of qualifications in order to retain the most qualified employees as determined by Management. Seniority shall be the determining factor among employees determined to be of the same relative competence in their job title. If a temporary employee is performing the same tasks as a bargaining unit employee selected for layoff,
in the judgment of the College, tasks performed by the temporary employee will be assigned to a bargaining unit employee. Upon transfer of duties, the temporary employee will be laid off. The College will determine when and if it is operationally practical to do so. An employee shall be eligible to be recalled to work by seniority within one (1) year from the date of layoff. Failure or refusal to return to work within three (3) days of notice of recall, when such notice is provided by registered mail to the employee’s last known address, shall void any future recall rights within the one (1) year and shall terminate seniority without recourse.
ARTICLE 5 - HOURS OF WORK
Section 5.1 - Work Day
A “work day” is a period of twenty-four (24) consecutive hours.
Section 5.2 - Regular Work Day
A “regular work day” shall consist of seven and one-half hours of work, exclusive of meal periods. An employee who is regularly scheduled to a work day that is not continuous, but is separated in the same day by non-work time, shall be paid a differential rate of $.75 per hour for the entire shift.
Section 5.3 - Work Week
The “work week” shall consist of seven (7) consecutive calendar days, beginning at 12:01 a.m. Saturday and ending at 12:00 a.m. the following Saturday, unless a different workweek is established by Management, in its sole discretion.
Section 5.4 - Regular Work Week
An employee’s “regular work week” shall consist of thirty-seven and one-half (37.5) hours of work on five days in each work week.
Section 5.5 - Hours Worked
The payroll records of the College shall be the basis for establishing the number of hours worked by each employee.
Section 5.6 - Flexible Work Week
Management may establish four (4) day work weeks for all employees within certain work groups, provided the Union and the employees are notified at least two weeks in advance.
Section 5.7 - Flexible Hours
Management may establish flexible work hours for all employees within certain work
groups, provided the Union and the employees are notified at least two weeks in advance.
Section 5.8 - Shift Assignment
Shift selection shall be determined on the basis of seniority.
Section 5.9 - Campus Assignment
Management may assign employees to regularly work at a different campus or extension center provided the Union and the employees are notified at least four weeks in advance. If two or more employees are equally qualified for the assignment at a different campus, management will first seek volunteers and then assign the least senior employee(s).
ARTICLE 6 – WAGES
Section 6.1 - Purpose of Article
The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and other premium wages, and Management’s pay records, practices, and procedures established under this Agreement shall govern the payment of all wages.
Section 6.2 - Regular Rate
An employee’s “regular rate” of pay is defined as the straight time hourly
rate of pay established on a salary scale for employees. The salary scale is attached as Appendix (2).
Section 6.3 - Wage Increase
(A) Step Adjustments
Each employee who is not at the maximum step for the grade, other than a
new or newly rehired employee shall be eligible for a step increase at the beginning of each fiscal year. New or newly rehired employees shall be eligible for a step increase only if the employee was on the payroll on the first regular workday after the winter recess and continued on the payroll through the beginning of each fiscal year. Increases will be based upon satisfactory performance as measured on a written evaluation form. An employee at the maximum step, or whose salary
exceeds the maximum step, is not eligible for a step increase.
(B) Longevity Recognition
This section shall be effective beginning July 1, 2010.
For employees who have at least 15 years of CCBC benefit eligible service and who have been on the maximum salary step or received a salary above the maximum salary step for at least one year shall receive a longevity bonus.
The longevity bonus shall be equal to $35 multiplied by the employee’s years of CCBC
benefit eligible service on December 31 of the preceding calendar year.
(C) Other Adjustments
If any general wage increase is provided to a class of employees other than those covered by this Agreement (faculty, administrators, and Unit 1 employees), and that increase is at a higher rate for the class of employees as a whole than that provided for employees covered by the Agreement, then that same rate of increase shall be provided to employees covered by this Agreement.
(D) Implementation of Increases
All salary increases provided pursuant to article 6.3 shall be effective on July 1 of each
fiscal year and distributed beginning in the first pay period in July and continuing in equal pay installments for the remainder of the fiscal year.
Section 6.4 - Evaluations
The employee and supervisor shall jointly establish written objectives for the employee’s position by March 31 of each calendar year, which shall be measurable and attainable. The evaluation form used to rate performance shall address the objectives established at the beginning
of the period. If an employee disagrees with the evaluation, the employee may file a grievance, which shall be processed through the grievance procedure but not subject to final and binding arbitration. If an employee submits a voluntary self-evaluation, that document will remain with the evaluation form.
Section 6.5 - Job Descriptions
Each position within the bargaining unit shall have an official job description issued by the College in a standardized format. Upon request, each employee and the Union shall be provided with an approved copy of the employee’s job description. The job description will include, but not be limited to: (1) essential duties and responsibilities; (2) minimum education and/or experience requirements; (3) grade level; and (4) title of immediate supervisor. In the event that there are any concerns with a new or revised job description issued by the College, the Union shall have the right, through a representative, to meet and discuss such concerns with the College’s Office of Human
Resources.
Section 6.6 - Evaluation Periods
The evaluation periods for employees covered by this agreement shall be March 16 through March 15. Pay increases at the beginning of each fiscal year will be based upon the evaluation period beginning on March 16 of each year. New or newly rehired employees, and those who enter a bargaining unit position during the fiscal year, shall be evaluated at the same time as other employees for the work performed in that portion of the year during which they are in the unit.
Section 6.7 - Funding
The College shall, at a minimum, assume and request funding for a step increase of 3% as provided in this Article 6 each fiscal year. In the event funding is not provided, the College shall notify the Union and promptly proceed under the Rules and Regulations for Collective Bargaining.
Section 6.8 - Other Adjustments
(A) This Article is not meant to restrict other adjustments
This Article is not meant to restrict other adjustments that may be granted by the College or the funding authority. In this regard, if a cost of living adjustment is granted to College employees, it shall be afforded to bargaining unit employees under the same terms as other College employees not represented by the Union.
(B) Temporary Assignment
An employee may be temporarily assigned to perform work which includes a preponderance of duties that are at a higher grade than the position to which the employee is regularly assigned. If such a temporary assignment lasts for more than 15 consecutive workdays, the assigned employee shall receive pay at the step for the higher grade that provides at least a 3% increase in wages for the duration of the temporary assignment. This payment will be retroactive to the first day of the
assignment. An employee may be temporarily assigned to perform work which includes a preponderance of duties from another position of an equal grade or lesser grade than the position to which the employee is regularly assigned. If such a temporary assignment lasts more than 15 consecutive workdays, the assigned employee shall receive a minimum of 75 minutes of additional time pay per
week (if worked) for duration of the temporary assignment. This payment does not preclude the employee from receiving more additional time pay or overtime for this temporary assignment for additional time worked. This Section only applies to temporary assignments and does not affect the College’s ability to make reassignments and adjustments of work that are other than temporary.
Section 6.9 - Overtime Pay
Overtime pay for employees shall be computed at one and one-half (1-1/2) time the
employee’s regular rate for all hours worked in excess of forty (40) hours in any work week. Straight time shall be paid for all hours between thirty seven and one-half (37.5) and forty (40). There shall be no duplication or pyramiding in the computation of overtime pay, and nothing in this Agreement shall be construed to require the payment of overtime more than once for the same hours worked. If more than one of the provisions of this Agreement shall be applicable to any time worked by an employee, he or she shall be paid for such time at the highest rate specified in any
one applicable provision, but he or she shall not be entitled to additional pay for such time under any other provision. Only those hours actually worked shall be included in the computation of overtime. An employee may elect to receive compensatory time off in lieu of overtime for hours over forty (40) in a workweek. Straight time between thirty-seven and one-half (37.5) and forty (40) hours (to be designated as extra time) will be paid, and is not eligible for compensatory time.
Compensatory time off shall be at the rate of one and one-half times the hours worked in excess of 40 in a workweek. The College shall establish a uniform tracking and reporting system for compensatory time. Compensatory time off may not be accrued beyond seventy-five (75) hours for any employee. Once an employee reaches the 75 hour maximum compensatory time accrual, all hours worked in excess of 40 in a workweek must be paid at one and one-half times the employee’s regular rate of pay. An employee who requests the use of compensatory time off shall be granted
the time so long as the supervisor or manager determines that use of the time will not unduly disrupt the operation. An employee may request pay for accrued compensatory time off, which may be
granted in the sole discretion of the College. Upon termination of employment, an employee shall receive pay for all unused, accrued compensatory time.
Section 6.10 - Call Back Pay
An employee who is called back to work after having left the College’s premises at the
conclusion of the employee’s scheduled work day shall receive a minimum of four hours pay or pay for all hours actually worked prior to the start of the employee’s next regular work day, whichever is greater.
If an employee is called while off-duty to answer questions or provide information, the
employee shall receive one-quarter hour of pay if the time spent, including Management authorized follow up, exceeds seven minutes. For each additional 15 minutes the employee will receive onequarter hour of pay. For example, an employee who spends more than 22 minutes, including Management authorized follow up, will receive one-half hour of pay. An employee who spends more than 52 minutes, including Management authorized follow up, shall receive one hour pay.
Section 6.11 - Differential Pay
An employee whose shift begins between noon and 5:00 a.m., or who works 75% of the workday between noon and 5:00 a.m., will receive differential pay of $1.00 per hour provided the employee was assigned said shift for at least 12 of 15 consecutive work days. The payment will be retroactive to the first day of the assignment. An employee who works on Saturday or Sunday will receive differential pay at the same rate and under the same conditions as that given to classified staff employees not represented by the Union.
Section 6.12 - Wage Adjustment
(A) Promotion
An employee who is promoted from one grade to another with a higher maximum salary shall be moved to the minimum step in the pay grade that will provide at least a 3% increase, provided such a step is available.
(B) Demotion
An employee who is demoted shall be placed in a step equal to or greater in pay than that for the position vacated. If no such step is available, the employee shall be red-circled until such time that the schedule’s steps rise above the employee’s correct pay, at which time the employee
shall be placed at the step and proceed as provided in this Article 6.
(C) Hiring
Newly hired employees should normally be hired in the first or second step, subject to
College requirements for a different placement in the discretion of the College.
Section 6.13 - Mileage Allowance
Employees who use their personal vehicle to travel outside of their assigned campus shall be paid the Internal Revenue Service standard mileage rate in effect at the time. This allowance applies when an employee is required to travel between or among any campuses or facilities of the College after the beginning of the work day and until the end of the work day.
Section 6.14 – Job Study Process
(A) Job Study Request
An employee may be eligible to request a job study under the following conditions:
1. The level of the employee’s job duties have changed significantly without additional
compensation (i.e., more than 20% of job duties are at a higher level than indicated in
the current job description) in the opinion of the employee, or
2. The employee has performed a temporary assignment (receiving 3% additional
compensation – see Section 6.8.b of the Collective Bargaining Agreement) for 10
consecutive months and the higher level position has not been “posted” and opened for applicants. If paragraph 1 or 2 (above) is true, the employee must meet the following additional conditions to request a job study:’
a. The employee has been in their current full-time position at the college for at least
two full fiscal years. The employee meets the minimum qualifications of the higher
level position to which they wish to be reclassified.
b. The employee has received two (2) consecutive successful performance evaluations
immediately preceding this Request for Job Study submission.
c. The employee has not received a written disciplinary action or suspension within the
previous two years immediately preceding this Request for Job Study submission.
d. The employee has not submitted a Request for Job Study within the previous three
(3) years for their current position.
e. The employee is not in a position that is eligible for “career ladder advancement”.
The Request for Job Study shows an employee’s intent to request consideration for a review of their position/job description and possible reclassification. Bargaining unit employees seeking such a review of their position are responsible for submitting a Request for Job Study to their supervisor. It is the responsibility of the bargaining unit employee to prepare a coherent and detailed exhibit of their changed or increased job duties, and increased skills or training required to successfully perform the job. All reclassification eligibility criteria must be fulfilled, addressed and documented in the employee’s request for a job study.
(B) Job Study Review Timeline
1. The Request for Job Study along with all supporting documents shall be submitted
by the employee to the employee’s direct supervisor no later than the 15th of
September of each year. The employee should send the Request for Job Study to the
supervisor using the college e-mail system to ensure a date/time stamp is verified. If
the employee does not have access to the college e-mail system, the supervisor shall
time stamp the document upon receipt and return a copy of the completed and time
stamped Request for Job Study to the employee.
2. The Request for Job Study shall be addressed by the supervisor on a document
which will include a signatory block indicating either support or non-support of the
proposed application. If the supervisor’s opinion is one of non-support, the
supervisor shall detail his or her position, in writing. The Request for Job Study
indicating the support or non-support of the supervisor shall then be returned to the
employee on or before the 25th of September of each year.
3. The Request for Job Study along with all supporting documents and the supervisor’s
signature shall be submitted by the employee to the appropriate vice president by the
last business day in September. Each vice president will submit all received job
study requests to the Director, Compensation and Benefits, Human Resources by the
third workday in October.
4. All of the Requests for Job Study shall be reviewed by the Job Study Committee,
during the months of October, November and December.
5. The college president shall review the committee’s recommendations and issue a
final ruling by the last workday in December. Each employee who has submitted a
Request for Job Study will be mailed a letter containing the disposition of their
Request for Job Study by the last workday in December.
6. Salary and title changes for employees with approved reclassifications will be
effective on the first workday of January.
7. In the event that the committee or the president is unable to complete their work by
the noted dates, the remedy shall be that all decisions, salaries and grades are
retroactive to the first workday of January.
(C) The Job Study Committee
1. The Job Study Committee shall consist of the four CCBC vice presidents, Executive
Director of Human Resources, Director of Compensation and Benefits, and the
CWA Local 2111 Primary Officers (President, Executive Vice President,
Secretary/Treasurer or designees). The chair of the committee shall be the vice
president of Administrative Services.
2. The committee will review job related criteria relating to each Request for a Job
Study. They will review the incumbent’s request, the supervisor’s analysis and other
job-related data that they deem appropriate including but not limited to desk audits
and comparable job descriptions.
3. The committee may make the following determinations:
1. The incumbent’s position is incorrectly classified and should instead be
classified as a different position in a higher grade. (For example, the
incumbent’s position is classified as an Administrative Support Assistant II as a
CL4, but instead should be classified as an Administrative Support Assistant III
as a CL5).
2. The incumbent’s position is incorrectly classified and should instead be
classified as a different position in the same grade. (For example, the
incumbent’s position is classified as an Administrative Support Assistant II as a
CL4, but instead should be classified as a Specialist II, Payroll as a CL4.)
3. The incumbent’s position is incorrectly classified and should instead be
classified as a different position in a lower grade. (For example, the incumbent’s
position is classified as an Administrative Support Assistant II as a CL4, but
instead should be classified as a Specialist I, Payroll as a CL3.)
4. The incumbent’s position and grade is appropriate.
5. On rare occasions, the committee may determine that none of the existing Unit 2
positions accurately matches the incumbent’s position. In these cases, a new
position, title and grade will be recommended.
6. In all cases, the committee will consider whether the reasons for the incorrect
classification also apply to similarly situated employees or if this situation is
unique to the employee who requested the job study. If the situation is not
unique, the committee should recommend similar treatment for similarly situated
employees.
7. The committee review should focus on internal comparability and equity of Unit
2 positions. The committee should not address market competitiveness of
position salaries since that is addressed in periodic overall negotiations over
wages, hours, terms and conditions of employment between the college and the
union.
(D) Implementation of Changes resulting from a Request for Job Study
If the recommendations of the Job Study Committee are approved by the president, they shall be implemented as follows:
1. If the incumbent’s position is incorrectly classified and should instead be classified
as a different position in a higher grade, the incumbent will receive a promotion to
the new position and grade in accordance with Section 6.12A effective the first
working day of January. The incumbent’s job description will be changed to
conform with the existing general job description for the new position, noting
position specific duties as necessary
2. If the incumbent’s position is incorrectly classified and should instead be classified
as a different position in the same grade, the incumbent will be placed in the new
position and grade effective the first day of January. There will be no salary
adjustment. Job descriptions will be changed as necessary.
3. If the incumbent’s position is incorrectly classified and should instead be classified
as a different position in a lower grade, no changes to the incumbent’s classification
or salary will be made. Job descriptions will be changed as necessary. After the
current incumbent is no longer in the position, the grade and position will be
downgraded. The parties agree that the language of Section 6.12B shall not apply.
4. If the incumbent’s position and grade is appropriate, there will be no changes to the
employee’s classification or salary. Job descriptions will be changed as necessary.
5. If the incumbent’s position is classified as a new position in Unit 2, the incumbent
will be placed in the new position and grade effective the first day of January. Job
descriptions will be changed, as necessary. Salary adjustments for the incumbent
will be determined as detailed above based on whether the new position is in a
higher, lower or the same grade as the incumbent’s current position.
6. Generally, incumbents who have requested a job study will be eligible for a step
increase on the subsequent July 1 assuming they receive a successful performance
evaluation.
(E) Appeals
The decisions of CCBC president are final and not subject to the grievance and arbitration process. However, the union president may appeal issues related to the process directly to the vice president, Administrative Services.
(F) Applicability of this Job Study Process
A job study is not appropriate for positions eligible for “Career Ladder Advancement” as identified below. Career ladders are designed to address the credential and experience progression of current CCBC employees who have successfully completed important milestones in their career.
Career Ladders Positions Organization Department
Analyst I, II, III, Help Desk Technology Services
Library Tech II Public Service Library Services
Library Tech II Technical Service Library Services
Child Care Teacher Child Care Child Care
ARTICLE 7 - LEAVES OF ABSENCE
Section 7.1 - Sick Leave
A full time employee accrues sick leave at the rate of one day per qualifying month during the first fiscal year of employment, and at the rate of one and one-half days per qualifying month thereafter. If a new employee or rehire has not worked at least five qualifying months during the first fiscal year, sick leave during the second fiscal year of employment will be at the rate of one day per qualifying month. Regular part-time and ten-month employees shall accrue sick leave in proportion to their time worked. An employee must be in pay status six (6) days during a two week pay period in order to accrue sick leave benefits for that period. An employee on leave of absence
does not accrue sick leave time. An employee on vacation, who has a serious illness that requires hospitalization or is of a prolonged nature, as confirmed by a physician, may choose to extend the vacation or take vacation at a later date.
Section 7.2 - Family and Medical Leave
(A) Leave Entitlement
An employee who has been employed by Management for 12 months and who completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family Medical Leave Act of 1993 ("FMLA") in accordance with its provisions and the provisions of this Section 7.2.
(B) Year for Purposes of Determining Leave Entitlement
For purposes of determining an employee's leave eligibility and entitlement the 12 month period immediately preceding the projected or actual need for leave under the FMLA shall be the applicable measuring period.
(C) Payment of Group Insurance Premiums During Leave
Each employee on unpaid leave under the FMLA shall remain responsible for paying the employee share of the premium for coverage elected by the employee under Section 11.1 of this
Agreement and shall directly submit to Management, not later than the employee's normal payday, the amount of premium owed by the employee, unless other arrangements are approved by Management. If the employee shall fail to timely remit premium payments under this Section 7.2, Management shall make such payments on behalf of the employee and, after the employee's return
from such leave, shall deduct (from wages payable to the employee) two times the amount that would otherwise be deducted pursuant to Section 11.1 of this Agreement, until the entire amount paid by Management on behalf of the employee, during leave under this Section 7.2, has been repaid. Except as provided in the immediately succeeding sentence, if the employee fails to return to work upon the expiration of leave under this Section 7.2, any amounts paid by Management
toward the premium cost of benefits provided under Section 11.1 of this Agreement (including Management's share of such premium costs), shall be a legal debt due and owing from such employee to Management, which Management may institute appropriate legal action to collect. If, upon expiration of leave under the FMLA, the employee fails to return to work for a reason set forth in Section 104(c)(2) of the FMLA, the amounts paid by Management toward the premium cost of benefits provided under Section 11.1 of this Agreement, that represented Management's share of
such premium costs, shall not be a debt owed by the employee to Management.
Section 7.3 - Sick Leave Donation
Each employee in the bargaining unit may donate a maximum of 15 hours of sick leave per quarter, to be credited on the next available full pay period to another employee in the bargaining unit who has exhausted all available paid leave and is entering or in a leave without pay status. The donor must be in pay status on the effective date of the donation. The donee may use the sick leave in accordance with the existing policy. The college will provide a form for obtaining approval from
a donor, but it shall be the responsibility of the employee and the Union to locate and identify donors.
Section 7.4 - Military Leave
An employee required by State or federal law to report for training or service as a member of the National Guard or the United States Armed Forces Reserve shall be entitled to leave with pay for such purposes for a period not to exceed fifteen (15) days in any twelve (12) month period. Any employee who is called to active duty and who did not volunteer for duty, shall be paid the difference in military pay and his regular wage while on active duty. Application for such leave shall be submitted in writing to the Executive Director of Human Resources or designee as soon as
the employee receives notice to report for such service or training.
Section 7.5 - Bereavement Leave
An employee shall be entitled to leave of absence with pay at his regular rate for a maximum of five (5) regular scheduled workdays lost in the case of death in the employee’s immediate family: namely, natural parent or step-parent (but not both), sibling, spouse, child, grandparent by blood (not marriage), grandchildren, parents-in-law, children-in-law, or legal dependents, provided the leave of absence is taken during the period between the date of death and the day following burial,
funeral or memorial service, both inclusive, and provided the employee submits to the employee's immediate supervisor a letter stating the relationship, date of death, date of funeral and date of absence. An employee shall be entitled to leave of absence with pay at his regular rate for a maximum of one (1) regularly scheduled workday lost in the case of the death of the employee’s grandparents-in-law, siblings in-law, uncle by blood or marriage, aunt by blood or marriage, niece by blood or marriage, nephew by blood or marriage, provided a leave of absence is taken for the purpose of attending the funeral or memorial service and provided further that the employee
submits to the employee's immediate supervisor a letter stating the relationship, the date of death , the date of funeral or memorial service, and the date of absence.
Section 7.6 - Court Attendance Leave
An employee subpoenaed as a witness in a civil or criminal case, other than a case in which the employee is a defendant, or an employee ordered to appear for jury duty shall be entitled to leave with pay for the time required to comply with such subpoena or order. Application for leave under this Section 7.5 shall be submitted in writing to the employee’s immediate supervisor, with the subpoena or court order attached, as soon as the employee is served with a subpoena or order to report for jury duty. Upon return, the employee shall submit an official statement from the court
indicating the exact duration of the employee’s court service.
Section 7.7 - Injury on the Job
An employee who is absent from work because of an injury on the job shall be placed on disability leave. The employee's salary shall be maintained during the period of disability up to ninety (90) calendar days from the first day of disability or to the end of the period covered by workers' compensation, whichever occurs first. Any salary reimbursement that is received through workers' compensation for the same period of time shall be returned to the Board. If the employee remains unable to work after ninety (90) calendar days, the employee shall be entitled to use accumulated sick leave on a pro rata basis in an amount needed to provide the equivalent of the employee's regular rate of pay.
Section 7.8 - Family Illness
An employee may use his or her accrued sick leave balance for absences from work to care for a sick immediate family member.
Section 7.9 - Urgent Personal Business
An employee shall be entitled to a maximum of three (3) days per fiscal year for urgent
personal business which cannot be scheduled during non-working hours. An urgent personal business leave day may not be taken immediately preceding or following a holiday or a vacation day. Any unused urgent personal business leave days shall be accumulated as sick leave during the next fiscal year.
Section 7.10 - Academic Leave
An employee shall be allowed one (1) paid day to attend the employee's college
commencement if it occurs on a normal workday. An employee may be paid for one (1) day per year to appear for examinations for advanced degrees or professional licenses related to their employment in the sole discretion of Management.
Section 7.11 - Emergencies
When it is determined by the President that a general emergency exists of a nature that requires closing of the offices, an employee who reports as directed shall be paid at their regular rate for each hour worked, and for each hour that the employee normally would work until those hours accumulate forty (40) hours. Any work beyond that accumulation shall be compensated at one and one-half times their regular rate.
Section 7.12 - Leave Without Pay
An employee may be granted up to one year of leave without pay for unusual or imperative reasons, in the sole discretion of Management, when no other leave program is applicable.
Section 7.13 – Voting Time Off:
If an employee does not have at least two continuous, unpaid, non-working hours during the time the polls are open to participate in general, special, and primary elections, whether federal, state, or local, then the employee shall be paid for actual time taken to vote.
ARTICLE 8 – HOLIDAYS
Section 8.1
(A) Paid Holidays
For the purposes of this Agreement, paid holidays for employees will be as provided in the public release of the College’s operating calendar. Nothing in this section shall be construed to limit management from proposing and negotiating additional holidays with the union. The currently observed holidays are Independence Day; Labor Day; Thanksgiving Day; Day following Thanksgiving; Christmas Eve; Christmas Day; New Year's Eve; New Year’s Day; Martin Luther King Jr.’s Birthday (third Monday in January); Good Friday; Easter (observed on Easter Monday); and Memorial Day. If a holiday falls on Sunday, it shall be observed on the first succeeding workday. If a holiday falls on Saturday, the first preceding workday shall be observed as the holiday. If the preceding or succeeding workday is a holiday, then a workday or recess leave day as
scheduled by the College shall be observed as the holiday as noted in Appendix 3.
(B) Winter and Spring Break In addition to the holidays set forth in Section 8.1(A) of this Agreement, those days in which offices are closed during the winter (Appendix 3) and spring recess, as designated by Management in the annual operating calendar, shall be paid recess leave days for employees. Recess days are not considered time worked. An employee required to work on a day noted in Section 8.1(B) of this
Agreement shall be granted a day of leave for each day so worked. Such leave must be requested and approved in advance and may not be accumulated and carried over beyond the next occurring September 1.
Section 8.2 - Eligibility
In order to be eligible for pay under Section 8.1 of this Agreement, an employee must have been in pay status on his or her last scheduled workday before and on his or her first scheduled workday after the holiday.
Section 8.3 - Holiday Pay
Eligible full-time employees shall receive seven and one-half (7.5) hours of pay at their
regular rate of pay for each holiday set forth in Section 8.1 of this Agreement. Eligible part-time employees shall be paid for holidays available under Section 8.1 for the number of hours they are regularly scheduled to work on that day.
Section 8.4 - Holiday Work
An employee who is scheduled to work, or who is called in to work, on a holiday shall
receive pay at one and one-half (1-1/2) his or her regular rate for the hours actually worked.
Section 8.5 - Holiday During Vacation Period
If a holiday is observed during an employee’s scheduled vacation period, the employee will not be charged annual leave for the holiday.
ARTICLE 9 – VACATIONS
Section 9.1 - Eligibility for Vacation Leave
The purpose of this Article 9 is to establish the requirements for the accumulation of and use of vacation leave by employees. Each employee who is regularly scheduled to work twenty (20) hours or more per week shall earn vacation leave.
Section 9.2 - Accumulation of Vacation Leave
Years of Service Accrual Less than five (5) 5/6 day per month up to ten (10) days
Five (5) but less than ten (10) 5/4 day per month up to fifteen (15) days
Ten (10) or more 5/3 day per month up to twenty (20) days Section 9.3 - Use of Vacation Leave Vacation leave shall not be used during the first thirty (30) calendar days of employment. Employees shall request vacation leave at least ten (10) days before the leave is to be taken, unless annual leave is requested for an emergency situation. Management shall notify the employee of approval or denial of requested vacation within 10 business days following the request. If the employee does not receive notification within 10 business days the matter shall be brought to the
attention of the Executive Director of Human Resources or designee for resolution. In emergency situations, an employee shall notify his or her supervisor as soon as possible that the employee will be unable to report for work, stating the reason for the absence and the desire to use vacation leave. In non-emergency situations, vacation may be granted with less than 10 days notice in the discretion of the supervisor. Except in emergency situations or cases where less than 10 days notice is given, as determined by Management, employees shall, upon request, be able to use at least one year’s entitlement of earned vacation leave during each year. A vacation scheduled with at least 10 days notice, and approved in writing by the supervisor shall not be canceled or altered except in a bona fide emergency as reviewed and approved by the Executive of Human Resources. Whenever employees make a request at the same time for the same vacation period, the request, if approved, will be granted to the senior employee. Vacation leave not used in a fiscal year may be accumulated up to twice the amount of the employee’s annual leave accrual rate and carried
forward to the next fiscal year.
Section 9.4 - Disposition of Vacation Leave Upon Termination
An employee who leaves employment for reasons other than termination for cause shall receive payment for earned but unused vacation leave at the time his or her employment ends provided the employee gives a two-week notice, not to exceed the employee’s annual vacation leave accrual rate. An employee who is terminated for cause is not entitled to payment for accrued vacation leave. Should the employee die during active employment at the college on or after July 1, 2003, the employee’s full-unused vacation balance will be issued to the employee’s estate.
Employees shall be paid in accordance with Maryland law in all respects. Payment of vacation pay upon separation from the college is wages subject to withholding rules.
Section 9.5 - Pay Treatment for Vacation Employees shall be paid for vacation time at their regular rate of pay, including shift differentials. Vacation time shall be counted as time worked for all purposes. Part time employees shall be paid their regular rate of pay based on their normal scheduled workweek.
ARTICLE 10 - UNION PRIVILEGES
Section 10.1 - Meeting Space
Meeting space shall be made available to the Union in accord with the procedures
established by Management for other outside organizations.
Section 10.2 - Bulletin Boards
The Union shall be permitted to post notices on designated bulletin boards, provided that a copy of any posting be delivered to the Executive Director of Human Resources on or before the date of the posting.
Section 10.3 - Deduction of Dues
Upon completion of an employee’s probationary period, and upon receipt of a dues
deduction authorization in the form set forth in this Agreement at Appendix Four, voluntarily executed by the employee and submitted to the Executive Director of Human Resources, Management shall deduct each pay period the membership dues as certified in writing by the Union and remit such dues to the Union. Payroll deduction of dues can be canceled by an employee’s individual written notice to the Union postmarked between the first and the fifteenth day of September of each year. The Union will then notify Management of any canceled memberships and provide the employee’s original notice of resignation to the Executive Director of Human
Resources no later than the 25th day of September of each year. An employee may also make a voluntary contribution to a political action committee affiliated with the Union and the College shall collect such contributions by payroll deduction in accordance with the provisions of Md. Election Law Code Annotated section 13-242, et seq., or its successor. The Union shall indemnify and save the Board, its agents, personnel and students, harmless from any and all claims, and grievances, arbitrations, awards, actions, suits, judgments, attachments, forms of liability or
damages that arise out of or by reason of any action taken by Management in compliance with any of the provisions of this Section 10.3, and the Union assumes full responsibility for the disposition of monies deducted under this Section 10.3 as soon as they have been remitted by Management to the Union.
Section 10.4 - Monthly Information
Management will remit amounts deducted pursuant to Section 10.3 to the Secretary
Treasurer of the Union on a monthly basis, and will furnish a list of employees with information that is agreed upon between the Union and the Management of the Payroll Department.
Section 10.5 - Union Representative
With prior notification to the Executive Director of Human Resources or the authorized
designee, a representative of the Union may be present on Board property.
Section 10.6 - Personnel Files
Management will maintain one (1) official personnel file for each employee to which the employee will have access upon reasonable notice. An employee shall make all requests for access to his or her personnel file to the Department of Human Resources. An employee shall be given a copy of any disciplinary document entered into the personnel file within 10 business days. The employee may submit a written response to be attached to the document within 30 days.
Section 10.7 - Union Leave
(A) The Union shall be granted up to seventy-five (75) hours per year of Union leave to be used by employees to conduct Union business. An employee must give at least 24 hours notice of his intent to use this leave, and receive approval from the employee’s supervisor, which will not be unreasonably withheld.
(B) An employee shall be excused on authorized leave time without pay to conduct union business, provided that the supervisor determines that the time off will not disrupt operations.
Section 10.8 - Collective Bargaining
Management shall pay no more than one (1) employee from each campus to attend
bargaining sessions that occur during the employee’s regularly scheduled work day. The employee shall be paid only such time as is necessary to travel to and from the bargaining session and attend bargaining. The employee should give notice to the supervisor as early as possible so that planning can be made accordingly.
Section 10.9 - Right to Representation
Whenever an employee reasonably believes that a discussion with management is likely to lead to discipline or discharge, or whenever management conducts a meeting to announce discipline, the employee may request that the meeting not occur without the presence of the Union Representative. If management opts to proceed without the Union representative, the employee has the option not to participate in the meeting. If an employee is represented by a representative of the Union, that person is only present to counsel the employee and may not interfere with the investigation.
If management conducts an investigatory interview with the intent to consider discipline of an employee or group of employees, management shall inform the employee or employees of the right to have a Union Representative present. Showing the employee or employees this Section of the Agreement, although not the only acceptable method of advising the employee of this right, shall be sufficient notice. As the remedy if management fails to notify the employee or employees of the right to Union Representation, once the employee or employees learn of this right, or the
Union learns of any discipline that results, either may request within 10 business days that the investigatory interview be repeated with Union Representation. If such a timely request is made, the disciplinary action shall be reconsidered based upon information obtained in the new interview without reference to or reliance upon information obtained in the previous interview.
Section 10.10 - Union Orientation
During a new employee’s orientation session, a Union orientation package consistent with the tone and content of orientation materials, prepared by the Union and reviewed by Management,
will be provided to the new employee. The union will have reasonable access to all new hires in positions covered by the agreement as part of the orientation of new employees.
Section 10.11 - Information to the Union
Twice during each fiscal year on the first of August and the first of February the Union shall be provided with a list of the employees in the bargaining unit to include name, Banner ID number, position control number, job title, department, campus, home address and salary.
Once per year, Management shall furnish to the Union a position control listing, when
available, generally by May 1 of each Fiscal year.
Section 10.12 - Board Package
The Board package placed in the library before each regular Board meeting will be provided to the President of the Union.
ARTICLE 11 - INSURANCE AND RELATED BENEFITS
Section 11.1 - Group Health, Life, Disability, and Dental Plans Package
A package consisting of group health, life, long-term disability, and dental coverage
(hereinafter referred to as the "Group Insurance Package") providing coverage identical to the package of group health, life, long-term disability, and dental coverage insurance for faculty and other non-bargaining unit employees of the Community College of Baltimore County shall be made available to employees. The coverage available under the Group Insurance Package shall be that set forth in the group insurance contract between the Community College of Baltimore County and
the carrier providing the insurance, and/or the rules and regulations adopted by the provider of the coverage. The Group Insurance Package shall be governed in all aspects in accordance with the contract between the Community College of Baltimore County and the carrier providing such insurance, and/or the rules and regulations adopted by the provider of the coverage. The Community College of Baltimore County shall contribute toward the monthly premium cost of Group Insurance as least as much as it pays to any other group of employees not subject to an individual contract of employment. Generally, premiums are calculated and paid on a calendar year basis. For calendar years 2015, 2016, and 2017, employees will pay a proportionate share of premiums for their own coverage that equals 16% of PPO and 11% of HMO in 2015; 18% of PPO and 13% of HMO in 2016; and 20 % of PPO with 15% of HMO in 2017. For calendar years 2018, 2019, and 2020, employees will pay a rate for their own coverage that falls within a range for PPO coverage, while the HMO contribution rate will remain at 15% for those three years. The lowest rate available for PPO coverage in 2018, 2019, and 2020 will be 20%. For 2018, the proportionate rate for PPO will be no higher than 21.5%; for 2019, the proportionate will be no higher than 23%; and for 2020, the
proportionate rate will be no higher than 25%. Employees who are eligible for benefit coverage before January 1, 2015, will pay the same contribution rate for dependent coverage as for employee coverage for each year during this Agreement. Employees who become eligible for benefit coverage on or after January 1, 2015, will be required to pay a contribution rate of 25% for any dependent coverage selected throughout the
term of this Agreement. In the event that benefit contributions or any part of them are not approved and funded by the Baltimore County Council in any year of the Agreement in a manner that the College determines does not allow it to meet the provisions of this Agreement, the College agrees to negotiate in accordance with the Rules and Regulations Governing Collective Bargaining.
Section 11.2 - Tuition Reimbursement
All benefit eligible employees who work 50% or more of the normal work week are eligible for reimbursement for undergraduate and graduate study after being employed by the College for at least one (1) full calendar year. Undergraduate study shall be reimbursed at a rate set by the Board of Trustees, but not less than that provided to non-represented employees. The full rate of tuition reimbursement set by the Board of Trustees for all College employees shall be the base applied for
reimbursement. The actual payment of reimbursement will be the amount required after deduction of scholarships, financial aid and any other payments to the employee, or on behalf of the employee, toward tuition that is necessary to make the employee whole. An employee must satisfactorily complete the course to be eligible for reimbursement. Maximum eligibility will be sixty (60) undergraduate credits or sixty (60) graduate credits. The maximum number of credits for which an employee can be reimbursed during any fiscal year is twelve (12). Proof of payment will be required by the college before any reimbursement is made.
Section 11.3 - Dependents Reimbursement
An employee’s dependent who meets the eligibility criteria established by the College may enroll in any credit class at the College and receive tuition reimbursement upon successful completion of the course provided however that the dependent student did not receive a federal Pell grant or other financial aid. If the dependent student receives a federal Pell grant or other financial aid distributed by CCBC, he/she will not qualify for CCBC tuition reimbursement.
Section 11.4 - Tuition Waiver
Any benefit eligible classified employee who enrolls during non-working hours in a CCBC class, that has at least ten (10) regularly enrolled students, can either have all tuition waived by CCBC or seek award of a federal Pell grant or other financial aid. If the employee receives a federal Pell grant or other financial aid distributed by CCBC, he/she will not qualify for a CCBC tuition waiver. With prior supervisory approval, employees who enroll in classes which are only available during normal working hours may adjust their work schedule to attend classes.
Section 11.5 - Job Enhancement
Supervisors may excuse employees for staff development workshops conducted at the College that will enhance the employee’s skills for their current job. Training shall be provided during normal work hours for skills Management determines are required to perform the job as a result of technological changes. Workshops shall be rotated among employees of a work group whom Management determines will benefit from the training.
Section 11.6 - Selection
All openings for positions in the unit covered by this Agreement shall be advertised on the campuses of the College and/or off campus in accordance with current employment procedures and the Affirmative Action Plan, but not less than 14 days. A vacancy shall not be filled for the period of time specified in those Employment Procedures or the Affirmative Action Plan. Employees are encouraged to apply for promotional opportunities and to bring to the attention of their supervisors
and the personnel office any additional training or skills which would enhance their prospects for selection. Any employee who possesses the qualifications on the position vacancy notice may apply, in writing, for consideration for the position. No position opening shall be filled by the College until all employees who apply within the ‘for best consideration date’ and who meet the qualifications have had an opportunity to be considered for the vacant position. Unless there exists an overriding
affirmative action consideration, current employees will take precedence over outside applicants for any vacancy or new position, provided that the qualifications of the employee are considered equal to or exceed those of any outside applicant and provided that the employee has a satisfactory performance and attendance record in the employee’s current position and has been employed in that position for at least three months. Where more than one internal candidate is determined to be equally well suited for the vacant position, the candidate with the best overall employment record will be selected. Where the performance and attendance records are also considered equal, the employee with the greatest seniority will be selected.
Employees who are found to be not qualified for a specific position shall be notified of the disqualifying factors so that they may take steps to correct same. No transfer of an employee may be considered during his/her probationary period.
Section 11.7 - Safety and/or Health Reviews
Management and the Union mutually recognize the need for a work environment in which safe operations can be achieved in all phases of work. Management and two representatives of the Union agree to meet quarterly to review problems that were brought to their attention affecting the safety and/or health of an employee in an attempt to resolve the issue and to develop workshops dealing with various safety and health issues in the workplace.
ARTICLE 12 - STRIKES AND LOCKOUTS
Section 12.1 - No Strikes
Neither the Union, its officers, agents, or representatives, nor any employee, shall in any way, directly or indirectly, authorize, assist, cause, encourage, participate in, ratify, or condone any strike.
Section 12.2 - Enforcement of No Strike Pledge
In the event of a strike in violation of Section 12.1 of this Article, Management may
immediately pursue, in any court of competent jurisdiction, whatever remedies are available to it. Any employee engaging in any activity in violation of Section 12.1 of this Article shall be subject to discharge.
Section 12.3 - No Lockout
Management shall not lock out employees.
ARTICLE 13 - NON-DISCRIMINATION
In the administration of this Agreement, neither Management nor the Union shall
discriminate against any employee because of that employee’s race, color, religion, sex, national origin, age, sexual orientation, marital status, union membership, status as an individual with a disability, or other protected status in accordance with applicable law.
ARTICLE 14 - SCOPE OF AGREEMENT
Section 14.1 - Duration and Effective Dates
This Agreement shall become effective as of July 1, 2014 and shall continue in full force
and effect until June 30, 2020. Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by either party to the other not later than February 1, 2020.
Section 14.2 - Severability
If any term or provision of this Agreement is at any time during the life of this Agreement in conflict with any law, such term or provision of this Agreement shall continue in effect only to the extent permitted by such law. If any term or provision of this Agreement is or becomes
unenforceable, such invalidity or unenforceability shall not affect or impair any other term or
provision of this Agreement.
Section 14.3 - Scope of Agreement
Management and the Union acknowledge and agree that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter as to which there is an obligation to bargain, and that all understandings and agreements arrived at between Management and the Union after the exercise of that right and opportunity are set forth is this Agreement. This Agreement, thus, contains the understanding, undertaking, and agreement of the parties hereto and finally determines and settles
all matters of collective bargaining for and during its term. Changes to this Agreement, whether by addition, waivers, deletions, amendments or modification, must be mutually agreed upon in writing and signed by both parties.
The parties sign this Memorandum of Agreement this 18th day of June, 2014.
Communications Workers of America The Community College of Baltimore County
By: John Bachelor The Honorable Barbara Kerr Howe
Executive Vice President, Public Sector Chair, Board of Trustees
By:Sandra L. Kurtinitis, Ph.D. President