Except as otherwise provided herein, this Agreement becomes effective on November 19, 2016 and shall continue in force and effect until midnight November 18, 2019 and from year to year thereafter, unless either party receives written notice from the other party, not less than sixty (60) days, nor more than ninety (90) days, immediately prior to the expiration date, of its intention to amend, modify or terminate this Agreement, provided that if the Company shall cease to operate at this site, this Agreement shall automatically terminate and the rights and obligations of both the Union and the Company hereunder, shall automatically cease except with reference to those Officers covered herein shall remain in the employment of the Company for the purpose of performing work arising from the termination provisions of the Company’s agreement with the Client, and as to such Officers, this Agreement shall continue in effect until termination of employment of such Officers.
ARTICLE 27 WAGES
27.1 Listed below are the Hourly rates and the Health & Welfare rate for covered Officers by this Agreement.
Court Security Officers
Medford Transportation Officers
Tacoma Transportation Officers
Portland Transportation Officers
Yakima Transportation Officers
The rates listed below will become effective on the date of ratification.
Health & Welfare $4.27
CERT Officers and Hostage Negotiation Team members shall receive premium pay of $23.08 per pay period. Officers are only eligible to receive one premium rate under this section.
27.2 Officers shall receive a Health & Welfare hourly rate of $4.27 per hour (based on 2080 hours per year) as a part of their wages. Officers may elect to voluntarily participate in the Company’s benefit plans, the cost of which will be explained in detail to each Officer. Should Officers elect not to participate in the Company’s benefit plans the amount of the Health & Welfare hourly rate will continue to be paid directly to the Officer in the form of wages and be reflected on their paychecks. Should an Officer choose to participate in the Company’s benefit plans on a limited basis (for example taking dental or vision insurance only) any cost of the plans will be subtracted from the Health & Welfare hourly rate, with the remaining funds continuing to be paid in the form of wages.
27.3 The Officers may collectively decide within 120 days of the ratification of this collective bargaining agreement if they will participate in the Union’s Health and Welfare Plans. In the event the Officers decide to participate in the Union’s Health and Welfare Plans, those Officers insured by the Company shall have their insurance continued until an agreed upon date of transition.
27.4 Should the Department of Labor’s Wage Determination Hourly Rate or the Health & Welfare Hourly Rate change during the term of this Agreement, the Company and the Union agree that those revised hourly rates shall apply and shall enter into a Memorandum of Understanding to be incorporated by reference into this Article.
Any revised Wage Determination Hourly Rate or Health & Welfare Hourly Rate will become effective only on the Client Contract Date once each year of the Agreement as incorporated by the Client into the Operations and Management Contract.
ARTICLE 26 SHIFT BID
26.1 There will be an annual shift bid for full time Officers in November each year, which shall take effect the first day of the first full pay period of the following month of January. Said annual shift bid shall take place prior to the annual vacation bid. A union representative shall be allowed to be present during the shift bid process to ensure compliance with this Article. The Company shall not compensate the union representative in attendance during this process.
26.2 The annual shift bid shall include hours of work, days off and post assignment. Shift is defined as scheduled days off and scheduled hours worked. Post assignment is defined as an Officer’s work assignment within the Northwest Detention Facility.
26.3 The annual shift bid shall be awarded in accordance with unit seniority by job classification.
26.4 The Company shall not arbitrarily displace Officers from their awarded shifts or post assignments.
26.5 The Company may temporarily reassign an Officer’s shift to accommodate training needs or other foreseen business needs. Those reassignments shall not exceed twenty (20) working days within the one (1) year period between the annual shift bid, and shall require written notice of reassignment from the Company.
26.6 The Company may temporarily reassign an Officer’s post. If said reassignment shall exceed beyond two (2) shifts, the Warden (or acting Warden in his absence), must approve the reassignment. Reassigned Officers remain eligible to bid on vacant shifts/posts.
26.7 In the event a post or shift becomes vacant after the annual shift bid, said vacancy shall be posted for seven (7) calendar days and awarded in accordance with unit seniority. The twenty (20) day temporary assignment limitation identified in Article 26.5 shall reset under this paragraph (26.7). In the event there are no or insufficient bidders for a vacancy, the Officer with the least unit seniority may be assigned.
26.8 All Control, Segregation, and Intake awards must be approved by the Warden.
26.9 Officers shall not be assigned to vacant posts outside of the job classifications listed in this Agreement. This Article shall not exclude an Officer from voluntarily filling an acting Lieutenant position. When making selections to fill an acting Lieutenant position, when all other factors are equal, seniority will be used to determine the selection.
26.10 In the event that the Company initiates its Emergency Contingency Plan, the provisions of this Article shall not apply for the duration of said emergency.
ARTICLE 25 MISCELLANEOUS PROVISIONS
25.1 The Union recognizes that it is the responsibility of Officers to familiarize themselves and learn all policies and rules established by the Company or its Client, and faithfully report all violations thereof. The Union agrees that Officers shall discharge all duties as assigned to them impartially and without regard to any Union or non-union affiliation of any Officer of the Company or Client, and that failure to do so may be cause for discipline.
25.2 It is understood that no provisions of this Agreement will apply to any temporary supplementary correctional force transferred to work at the facility to maintain contractual obligations to the Client or during emergency situations. Unless the Client exercises its contractual option to assume operation of the facility, or Officers are engaged in an adverse job action against the Company, such supplementary force will not result in job loss or in the loss of normal hours to permanent Officers coming under this Agreement while the supplementary force is being utilized.
25.3 The Union recognizes the principle of management responsibility and that the Company must furnish satisfactory service in accordance with the demands and directives of the Company’s Client and the requirements of the particular job.
25.4 An Officer interviewed concerning his discipline may request a Union representative be present during such interview. Nothing herein shall be construed to compel an Officer to have Union representation present. If an Officer requests Union representation, the Officer will not be required to respond to questions until the representative is present. Once the Union representative is present, questioning may begin and he may confer with the Union representative regarding his responses and consult with the Union representative related to the issue at hand. The Company shall require all interview responses come from the Officer.
25.5 Officers will be paid at the appropriate rate for all required company training.
25.6 Temporary off-site duty locations will be filled by qualified volunteers first based on their seniority in the bargaining unit, highest to lowest. Should there be no or insufficient volunteers to fill the requirements, the lowest senior qualified Officer(s) shall be chosen to fill the assignment.
25.7 Union membership insignia shall be authorized to be worn on Company uniforms provided that if the Client objects then such insignia shall be removed when the Company so requests.
25.8 The Company agrees to permit one (1) full time bargaining unit member selected by the Union as the Union Safety Representative to participate in the facility sponsored safety committee. An alternate may be utilized when the primary Union Safety Representative is not available due to illness or vacation or when circumstances require the assistance of an alternate.
25.9 All Officers shall have the option to receive a detainee meal at no cost provided by the Company. Officers shall pre-order a detainee meal on the detainee meal count slip. Officer’s meals will be provided in a Styrofoam container, distributed and picked up with the detainee meals.
ARTICLE 24 DRUG AND ALCOHOL TESTING
24.1 The Union collectively, and its Officers individually, recognize the sensitive nature of the Company’s business. As such, each recognizes that maintaining a drug and alcohol free work place is essential to the safety and security of all Officers, the general public, the detainees and the institution.
24.2 The Union collectively, and the Officers individually, agree that the Company has the right to implement policies and procedures related to drug and alcohol testing and that these policies may include provisions for both cause and prevention testing.
24.3 Drug testing includes provisions for testing for Cause and Prevention. Procedures are found in Company Policy.
24.4 When the Company has a “reasonable” suspicion to believe that an Officer is in violation of Company Rules of Conduct related to the use of alcohol or drugs, the Facility Administrator or his designee may require the Officer to submit to an alcohol and/or drug test. Procedures are established in Company Policy.
24.5 An Officer may refuse to submit to a drug screening or alcohol test. However, the Officer shall be warned that such refusal constitutes grounds for immediate dismissal and then be allowed an opportunity to submit to the testing as though the Officer had originally complied with the order.
24.6 The Union collectively, and Officers individually, agree that drug testing policies or regulations of the Company, Client or other regulating authority are subject to review and change. Changes made by the Company, Client or other regulating agencies will be binding on the parties to this Agreement. Changes will be communicated to the Union prior to implementation.
ARTICLE 23 WAIVER OF BARGAINING RIGHTS AND AMENDMENTS TO AGREEMENT
23.1 During the negotiations resulting in this Agreement, the Company and the Union each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; all such subjects were discussed and negotiated upon, and the agreements contained herein were arrived at after the free exercise of such rights and opportunity.
23.2 This Agreement supersedes any previous agreements, rules, regulations or customs governing the Company, its Officers and the Union.
23.3 Any changes in this Agreement, whether by addition, waiver, deletion, amendments or modifications, must be reduced to writing and executed by both the Company and the Union.
ARTICLE 22 401(k) PLAN
22.1 All Officers are eligible to participate in the Company’s 401(k) savings plan as may be amended from time to time by the Company to ensure that the benefits are the same for all Officers.
22.2 The Company will match 50% of an Officer’s salary deferrals up to the first 5% of salary deferred (maximum matching contribution is 2.5% of deferred salary).
22.3 The Company’s matching contribution will be applied each pay period.
ARTICLE 21 VACATION
21.1 During the term of this Agreement, the Company will grant paid vacation to all full time Officers based on years of service. Years of service is determined by the Officer’s Anniversary Date.
Years of Service Annual Accrual
One (1) year but less than 5 years 80 hours
Five (5) years but less than 10 years 120 hours
Ten (10) years but less than 15 years 160 hours
Fifteen (15) years and above 200 hours
21.2 During the term of this Agreement, the Company will pay a percentage of worked wages in lieu of vacation for part-time Officers as follows:
Years of Service % of Worked Wages
More than one (1) year but less than 5 years 3.85%
More than five (5) years but less than 10 years 5.77%
More than ten (10) years 7.69%
21.3 Vacation shall be awarded on the anniversary of the Officer’s date of hire, in one lump sum. Officers must take vacation time within the twelve (12) month period following each anniversary of their date of hire.
21.4 Any unused vacation time shall be paid at the end of the vacation year or at the time of separation from employment with the Company. An Officer, at his sole discretion, may roll over up to thirty-two (32) hours of unused vacation hours into the following vacation year. Rolled over hours must be used within the first six (6) months of the vacation year. Any unused vacation hours in excess of thirty-two (32) shall be paid at the end of the vacation year.
21.5 If a designated holiday named in this Agreement falls during an Officer’s vacation period, such Officer shall be entitled to receive pay for such holiday [eight (8) hours at the Officer’s straight time hourly rate in addition to their vacation pay]. Officers have the option to not use vacation hours on the holidays noted above (i.e. receive 8 hours of Holiday Pay only).
ARTICLE 20 HOLIDAYS
20.1 The Company will provide full-time Officers the following ten (l0) paid holidays regardless of the day on which the holiday falls:
New Year’s Day Labor Day
Martin Luther King’s Day Columbus Day
Presidents Day Veterans Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
20.2 Provided individual Officers have worked any hours during the week the holiday falls, they will receive eight (8) hours of Holiday Pay at their regular straight-time hourly rate. In addition, Officers who work on the actual day a holiday falls will be paid their straight time rate for all hours so worked. Appropriate overtime rules apply to the actual number of hours worked on a holiday or during a week in which a holiday falls. The eight (8) hours of Holiday Pay are not included as hours worked for the purpose of calculating overtime.
GTI Officers who are regularly scheduled to work ten (10) or twelve (12) hour shifts shall receive ten (10) or twelve (12) hours of Holiday Pay in the event they are not scheduled to work the holiday due to operational requirements (i.e. no mission scheduled that day).
20.3 Officers will receive Holiday Pay even if they are on approved paid time off (vacation, jury duty, bereavement leave, etc.)
20.4 Part-time Officers will receive Holiday Pay based on a prorated basis at the rate of 20% of wages worked the week of the holiday, regardless of the day on which the holiday falls.