AGREEMENT

BETWEEN

CITIZENS’ LEAGUE FOR ADULT SPECIAL SERVICES, INC. (C.L.A.S.S., INC)

AND

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 509

July 1, 2018 – June 30, 2019

TABLE OF CONTENTS Page

Preamble 4

Article 1 – Dignity and Respect 4

Article 2 – Union Recognition 4

Article 3 – Union Security and Dues Deduction 5

Article 4 – Management Rights 6

Article 5 – Probationary Period 7

Article 6 – Wages 7

Article 7 – Discipline and Discharge 7

Article 8 – Grievance and Arbitration 8

Article 9 – No-Strike/No-Lockout 10

Article 10 – Labor-Management Committee 11

Article 11 – Union Business 11

Article 12 – Seniority 12

Article 13 – Job Postings and Selection 13

Article 14 – Working Out Of Classification 14

Article 15 – Extra Shifts

Article 16 – Health & Safety 14

Article 17 – Classifications of Employees 15

Article 18 – Leaves of Absences 15

Article 19 – Vacations 19

Article 20 – Holidays 21

Article 21 – Personal Time 22

Article 22 – Sick Time 22

Article 23 – Birthday 24

Article 24 – Meal Period & Breaks 24

Article 25 – Non-Discrimination 25

Article 26 – Mileage 26

Article 27 – Reimbursement for Damages 26

Article 28 – Inclement Weather 26

Article 29 – Protection of Conditions 26

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Article 30 – Job Descriptions 27

Article 31 – Insurances 27

Article 32 – 403(b) Program

Article 33 – Cell Phones and Other Electronic Communication Devices 27

Article 34 – Attendance 28

Article 35 – Investigations 28

Article 36 – Confidentiality 28

Article 37 – Harassment 28

Article 38 – Fitness for Duty 29

Article 39 – No Smoking 29

Article 40 – Severability 29

Article 41 – Work Permit Status 29

Article 42 – Duration 30

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PreambleWhereas, CLASS, Inc. (hereinafter referred to as “CLASS” or “Employer”), and

the Service Employees International Union, Local 509, (hereinafter referred to as “SEIU” or “Union”), a labor organization within the meaning of the Act, recognize that it is the responsibility of the Employer to provide a continuous program of vital services essential to the health, safety and welfare of the people served by the Employer. The intent of this Agreement is to: assure that these services are rendered economically, efficiently and without interference or interruption in a work environment that fosters mutual respect in a professional atmosphere; provide a constructive, cooperative and harmonious relationship between the Employer and the Union and provide fair and equitable rates of pay, hours of work, benefits, working conditions and other conditions of employment. To these ends, the parties mutually enter into this Agreement, which sets forth the terms and conditions of employment of employees covered by this Agreement, and provides equitable and peaceful means for the adjustment of differences with respect to the interpretation or application of this Agreement. This Preamble shall not be used as grounds for disciplinary action.

Article 1 – Dignity and RespectThe parties agree that all employees shall be treated with dignity and respect.

This includes not only supervisors and managers treating bargaining unit employees with respect and dignity, but also bargaining unit employees and union representatives treating staff with dignity and respect. Additionally, bargaining unit employees shall treat the individuals the Employer services, and their families and guests, with dignity and respect.

Article 2 – Union RecognitionPursuant to the Certification of the National Labor Relations Board of February

26, 2014, Case #01-RC-103308, the Employer recognizes the Union as the sole and exclusive representative for the purposes of collective bargaining of:

All full-time and regular part-time non-professional, direct-care employees including but not limited to: case coordinators, case managers, career specialists, care managers, day habilitation specialists, developmental specialists, drivers, employment specialists, IDS specialists, job coaches, SES employment specialists and monitors employed by the Employer in North Andover, Wilmington, and Lawrence, Massachusetts but excluding professional employees (including but not limited to: behavioral specialists, clinicians, nurses, occupational therapists, and occupational therapy assistants), non-direct care employees (including but not limited to: administrative, dispatchers, payroll, maintenance, and receptionists), clerical employees, confidential employees, managers, guards, and supervisors as defined in the Act.

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In the event a facility is relocated, employees in said positions assigned to that location performing substantially the same duties shall be included in the bargaining unit.

Article 3 – Union Security and Dues DeductionSection 1. All employees in the bargaining unit on the execution date of this

Agreement shall as a condition of continued employment, within 30 calendar days after the execution of this Agreement acquire and maintain membership in good standing in the Union for the duration of the Agreement and tender to the Union the periodic dues uniformly required as a condition of membership or pay an agency service fee to the Union in lieu of Union membership. Each new employee covered by this Agreement, hired after the execution date of this agreement shall as a condition of employment, within 30 calendar days after the date of hire, acquire and maintain membership in good standing in the Union and tender to the Union the periodic dues uniformly required as a condition of membership or pay an agency service fee to the Union in lieu of Union membership.

Section 2. In the event an employee covered by this Agreement refuses and fails to acquire and maintain union membership and tender to the Union the periodic dues that are obligations of members, or to pay to the Union an agency service fee, the Employer shall terminate the employee, provided that:

A. The Union shall have notified the Employer and the employee in writing of such default, and said employee shall have failed to remedy the default within thirty (30) days after receipt of said notice; and

B. The Union then has notified the Employer that the Union is requesting the Employer to terminate the employee because of his/her failure to comply with Section 1 of this Article and/or remedy any default.

Section 3. The Union shall have the exclusive right to the checkoff and transmittal of Union dues on behalf of each employee who consents in writing to the authorization of the deduction of Union dues or an agency fee from his/her pay and to the designation of the Union as the recipient thereof.

Section 4. The Employer agrees to deduct Union dues, and/or agency service fees with each paycheck from the pay of employees who voluntarily authorize such deductions by submitting the appropriate signed authorization to the Employer. If an Employee wishes to revoke his/her dues or agency service fee deduction authorization, the Employee may do so by providing written notice to the Union and Employer. Deductions shall be made in the amounts certified by the Union as those uniformly required as a condition of acquiring or maintaining membership, or satisfying an Employee's agency fee obligations, and shall be made in accordance with the terms of said authorization. The Employer agrees to remit monthly to the Treasurer of the Union all such authorized deductions for the preceding month no later than one week after the first of each month. Coinciding with the check will be transmitted electronically a list of

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each bargaining unit employee along with their Social Security number, job classification/title, work location, gross pay for the period, overtime pay for the period (if any), hourly pay rate, hours worked and amount deducted or the amount owed if no deduction has been authorized.

Section 5. Coinciding with dues transmittal, the Employer shall also notify the Union of each new employee including the following information:

o Name o Address o Phone number o Job title o Hire date o Work location o Rate of Pay

The Employer shall also notify the Union of each employee who is terminated or otherwise no longer in the bargaining unit including the date of termination or of leaving the bargaining unit. Notifications of new hires and terminations shall be made electronically, in Excel, and no less frequently than monthly. If feasible, the Employer may consolidate the electronic notifications.

Section 6. The Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union agrees that it will indemnify and hold harmless the Employer from any claim, actions or proceedings by any employee arising from deductions or actions taken by the Employer under this Article. Once deductions are remitted to the Union, it is understood and agreed that their disposition thereafter shall be the sole and exclusive obligation of the Union. Any personnel action taken by the Employer for purposes of compliance with this Article shall not be subject to the grievance and arbitration procedure of this Agreement.

Section 7. An employee may consent in writing to the authorization of the deduction of a political education fund fee from his/her wages and to the designation of the Union as the recipient thereof. Such consent shall be on a standard union form and shall bear the signature of the employee. An employee may withdraw his/her political education fund fee authorization by giving notice in writing to the Union.

Section 8. An employee who is a member of and adheres to the tenets or teachings of a bona fide religious body or sect, which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union; provided, however, that such employee shall, in lieu of the payment of periodic dues or an agency fee, pay sums equal to the agency fee to any charity which is exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code.

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Article 4 – Management RightsSection 1: Except as specifically limited by an express provision of this Agreement, the Employer reserves and retains, solely and exclusively, its rights to manage and operate the Employer, and to direct its operation and workforce. These management rights shall include, but are not limited to:

the right to maintain the efficiency of operations; to determine the personnel, methods, procedures, means, and facilities by which operations are conducted: to utilize full-time, part-time, per diem, temporary employees and volunteers in its sole discretion; to have supervisors, volunteers, and other non-bargaining unit personnel perform work normally performed by employees covered by this Agreement on a temporary basis; to determine the introduction of improved or different production methods or facilities; to determine standards of quality and quantity of work to be done; to require employees to submit to “reasonable suspicion” drug and/or alcohol tests and/or post-OSHA reportable accident drug and alcohol testing, and/or driving record checks as required by the Employer; to promote, demote, layoff and recall to work employees; to suspend, discharge or discipline employees for just cause; to set the standards of productivity and the services to be rendered; to establish and maintain reasonable work rules governing the conduct of employees; to discontinue, enlarge or reduce any or all of the operations of the Employer; and to determine the methods for evaluating employees;

The Employer has the right to establish and change staffing patterns, work schedules and assignments and to relocate any or all of the operations of the Employer. If the Employer significantly alters staffing patterns, work schedules or assignments outside of job classification, or relocates any of its operations, it shall notify the Union and impact bargain the same.

Section 2: The Employer's failure to exercise any rights, prerogative, or function hereby reserved to it, shall not be considered a waiver of the Employer's right to exercise such right, prerogative, or function or preclude it from exercising the same.

Article 5 – Probationary PeriodA newly hired employee shall complete a probationary period of 90 days. The

probationary period may be extended for up to another 30 days by mutual agreement between the Union and the Employer. An employee may be discharged or disciplined during his/her probationary period or any extension thereof with or without just cause and without resort to the grievance and arbitration procedure of this Agreement.

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Article 6 – WagesSection 1. The following market adjustments shall go into effect on the dates specified:

Classification Effective 7.1.18 Effective 1.1.19Monitor $11.00/hour $12.00/hourDriver $12.00/hour $12.50/hourCDL Driver $14.50/hourCase Coordinator $15.00/hourCBDS Specialist $13.00/hourDay Hab Specialist $12.50/hourTree Program Specialist $15.15/hourCareer Specialist $18.19/hourTree Case Coordinator $18.51/hourCare Manager $18.43/hour

Section 2. Effective July 1,2018, all bargaining unit employees shall receive a $.50/hour increase to their base rate; Monitors shall receive the greater of $12.00/hour or a $.50/hour increase, and Drivers shall receive the greater of $12.50/hour or a $.50/hour increase;

Section 3. Effective March 1, 2019, all bargaining unit employees shall receive a $.10/hour increase to their base rate;

Section 4. One-on-One Differential: qualified employees will receive an additional $.75/hour for hours assigned and worked one-on-one. The Employer, in its sole discretion, will determine what constitutes appropriate qualifications and if/when such services are to be provided/assigned.

Section 5. Longevity Bonus: upon completion of each of the following years of service, benefit eligible employees will be paid a one-time non-cumulative bonus as outlined below:

5 years – $100.00 10 years – $200.00 15 years – $300.00 20 years – $400.00 25+ years – $500.00

Employees must be active full-time employees. Longevity bonus payments shall be included in the employee’s regular pay period in which the service date occurs.

Article 7 – Discipline and DischargeSection 1. Just Cause. No employee who has completed his or her probationary

period shall be disciplined or discharged except for just cause.

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Section 2. Notification to Union. The employer shall notify the Union within 2 business days of any disciplinary action taken against an employee.

Section 3. Disciplinary Meetings. Any employee who is required to attend an investigatory interview may have a Union representative accompany him or her.

Section 4. Disciplinary Action. The Parties agree that Records of Discussion and verbal warnings are not subject to the grievance and arbitration procedure.

Article 8 – Grievance and ArbitrationSection 1. Discipline will be documented with a copy to the employee. The

parties agree that suspensions, terminations and class actions may be grieved beginning at Step 2. A “class action grievance” is a grievance that affects two (2) or more similarly situated bargaining unit members. While the parties agree that generally the principles of progressive discipline will be followed, the parties also acknowledge that the Employer may commence discipline at any stage of the progressive discipline process depending on the nature and severity of the offense.

Section 2. A grievance is any controversy or claim concerning the interpretation, application or breach of a specific and express provision(s) of this Agreement (excepting the Preamble to this Agreement, which the parties agree is a non-grievable and non-arbitrable statement of the intent and good will of the parties).

Section 3. The grievance shall be submitted on a form approved by the parties; it shall state the specific article(s) alleged to have been violated (generic language on a grievance form such as “all relevant articles” shall be considered insufficient and is grounds for dismissal of the grievance), contain a brief description of the facts underlying the grievance, and specify the remedy sought by the grievant. The grievance shall be signed by the aggrieved employee and/or a union steward and/or Union representative.

Before resort to the formal grievance procedure as outlined below, the grievant and/or steward are encouraged to attempt to informally settle the grievance with the grievant’s supervisor (for a grievance brought by the Employer, the informal settlement attempt shall be made with the business agent). Any grievance which arises during the term of this Agreement which cannot be adjusted informally shall be subject to settlement as follows:

Section 4.

Step 1: The alleged grievance must be presented by the aggrieved employee and/or the Union Steward and/or Union representative in writing to the grievant’s Department Director (or his/her designee), with a copy to the Union, within ten (10) business days after the aggrieved employee or the Union knew or had reason to know of the facts underlying the alleged contract violation. The Employer may hold a meeting at this step, at the Employer's discretion. The

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Department Director or designee shall render a decision in writing within ten (10) business days.

Step 2: If no satisfactory settlement is reached at Step 1, a true and accurate copy of the original grievance form, and copies of the prior response, must be presented within ten (10) business days after the decision of the Department Director or designee to the Director of Human Resources (or his/her designee). The Director of Human Resources or designee shall have a meeting unless the parties agree otherwise, and render a decision in writing within ten (10) business days after receipt of the grievance or, if there is a meeting, within ten (10) business days of the meeting.

Step 3 – Arbitration: If the grievance is not satisfactorily settled at Step 2, and the matter is one that is subject to arbitration, the Union may refer it to arbitration within thirty (30) calendar days after the receipt of the decision at Step 2 (or by expiration of the response time without a written response) with written notice to the other party by certified mail or email dated within the 30 calendar days. The party seeking arbitration shall request the American Arbitration Association (hereinafter called the "AAA") to submit a panel in accordance with their then-applicable rules. The parties may mutually agree upon an arbitrator in lieu of proceeding to AAA, or to an alternative agency such as the Labor Relations Connection. Any grievance for which arbitration is not requested within the referenced time limits, shall be waived and ineligible for submission to arbitration thereafter. No individual employee shall have the right to invoke the arbitration procedure with regard to any grievance.

Section 5. The administration fees of the AAA, or alternative agency, and the fees and expenses of the Arbitrator shall be shared equally by the Employer and the Union. However, each party shall bear its own costs as to all other matters (including, but not necessarily limited to, its own expert witnesses, court reports, etc.). Grievances not carried forward within the time stated at each step shall be deemed settled on the basis of the answer at the previous step; a grievance will be deemed denied if not answered within the appropriate time frame stated above. The parties may, by mutual written agreement, extend any of the time frames contained herein.

Section 6. The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the specific provision(s) of this Agreement. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement, or to establish or alter any wage rate or wage structure. The arbitrator shall have no authority to award punitive or exemplary damages. The arbitrator shall have authority to award relief only as to individuals who have filed or are clearly identified by name in the written grievance as interested parties directly affected by the contract violation alleged in the grievance unless it is a class action.

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Section 7. The written award of the arbitrator on the merits of any grievance adjudicated within his/her jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Employer, subject to judicial confirmation or vacation.

Section 8. The arbitrator shall not hear or decide more than one (1) grievance without the mutual consent of the Employer and the Union.

Section 9. The Employer may file a grievance against the Union for violation of this Agreement, beginning at Step 2, by mailing by certified mail to the Union Representative assigned to the bargaining unit within ten (10) business days after the Employer knew or had reason to know of the facts underlying the alleged contract violation. The Union Representative shall respond in writing within ten (10) business days of receiving the grievance. If said grievance is not satisfactorily adjusted by the Union Representative, the Employer may file for arbitration under Section 3 above.

Section 10. Grievance meetings shall be held at a time and location convenient to both parties. When grievance meetings take place during an employee's work time the Employer will pay for time actually and necessarily lost by the aggrieved employee involved in the grievance meeting.

Article 9 – No-Strike/No-LockoutSection 1. In consideration of the Employer's commitments as set forth in this

Agreement, the Union, its officers, agents, representatives, stewards and members, and all other employees shall not, in any way, directly or indirectly, instigate, lead, engage in, authorize, assist, encourage, participate in, ratify, or condone any strike, sympathy strike, slowdown, work stoppage of any sort, interference with or interruption of work at any of the Employer's operations during the term of this Agreement or any extension thereof.

Section 2. The failure or refusal on the part of any employee to comply with the provisions of this Article shall be cause for immediate discipline, including discharge, at the sole discretion of the Employer – the only issue to be raised in arbitration of such discipline is whether or not the employee(s) actually engaged in conduct violative of this Article.

Section 3. In consideration of the Union's commitment as set forth in Section 1 of this Article, the Employer shall not lock out employees during the term of this Agreement or any extension thereof.

Section 4. In the event of an alleged violation of Section 1 of this Article by the Union or violation of Section 3 of this Article by the Employer, arising out of a matter not subject to resolution pursuant to the grievance and arbitration procedures set forth in this Agreement, the Employer or the Union, respectively, may institute expedited arbitration proceedings regarding such alleged violation of Section 1 or Section 3,

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respectively, by delivering written or telegraphic notice thereof to the Union or to the Employer and to the American Arbitration Association.

Section 5. In the event of a violation of the provisions of Section 1, the Employer shall not hold the Union liable or responsible in damages, provided that the Union (a) promptly upon notification of such violations, orders all bargaining unit members to cease and desist from such violations at once; and (b) posts notices on all Union bulletin boards in the Employer’s offices that such violations are a breach of this Agreement and orders the violations to be ended at once.

Article 10 – Labor-Management CommitteeThe Employer and the Union agree to meet at the reasonable request of either

party at mutually agreeable times and places (but no more than quarterly unless mutually agreed otherwise) to discuss workplace matters affecting the parties. Up to four (4) employees representing the Union shall be allowed to attend on work time, subject to operational needs. The party requesting the meeting shall provide an agenda for the meeting at least forty-eight (48) hours in advance of the meeting. The Labor-Management Committee has no authority to add to, delete from, or modify this Agreement. The parties agree that this Committee is not a substitute for negotiations, nor is it a substitute for communication and the informal resolution of issues between a bargaining unit member and his/her supervisor.

Article 11 – Union BusinessSection 1. Visitation. A duly authorized Union representative shall have access

to the Employer’s premises for the purpose of conferring with employees in connection with union business provided that any such representative first notifies the Director of Human Resources or his/her designee. Such visits shall not interfere with any employee's work or work assignments and may not occur in any area where clients or the public may reasonably overhear such conversations. Permission to meet with bargaining unit members shall not be unreasonably withheld, but is subject to operational needs in the sole discretion of the Employer. Union representatives are subject to the Employer’s policies regarding visitors to its facilities. There will be no Union meetings in any CLASS, Inc. facility, property or in any vehicle except as described above.

Section 2. The Employer shall provide space for secure Union bulletin boards at each work location for the exclusive use of the Union solely for the posting of official Union notices relating to official Union business. The Union shall be responsible for all posting on the bulletin boards. No material shall be posted which is inflammatory, profane or derogatory of the Employer or its representatives, clients, funders or employees, or which constitutes election campaign material for or against any person, organization or faction thereof.

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Section 3. Union Stewards and Officers. Duly authorized Union stewards and officers acting as agents of the Union shall be recognized by the Employer. Such Union stewards and/or officers are authorized to receive complaints and process grievances through the grievance procedure. The Union shall furnish the Employer with a written list of such stewards and officers. Stewards shall obtain the permission of their supervisor before investigating or handling any grievances during work hours and such permission shall not be unreasonably withheld. When the Employer permits a Steward to investigate or handle grievances during work hours, the Steward shall not lose pay as a result. The Union acknowledges that only one Steward at a time in each program shall investigate and/or handle grievances.

Section 4. Union Orientation. The Employer agrees to allow union stewards or representatives up to 15 minutes, at Employer orientations if possible, to speak with new hires about the Union, subject to operational needs. Stewards shall be permitted such time without loss of pay or benefits.

Section 5. Union Leave. Employees may take an unpaid leave of absence if elected to union office or for the purpose of working for the union. Such leave shall be for a maximum of 6 months or for length of the term of office as applicable. Upon return from a leave of up to four weeks the employee may return to his or her same job. If the employee’s position is not available at the end of a leave greater than four weeks the employee may return or be returned to a similar job. If neither the employee’s job nor a similar job is available the employee may be laid off with the right to be recalled when the former or a similar position becomes available. The employee will retain these recall rights for up to 6 months. Only one (1) employee is eligible for such leave at any one time.

Section 6. Conventions and Assemblies. Designated stewards shall be granted unpaid time off to attend steward trainings and SEIU Local 509’s Stewards assembly. The Union will give the Employer at least three (3) weeks’ notice as to when such events will be held and who will be attending. The Employer agrees to cooperate in arranging unpaid time off for this purpose, but operational needs determined in the sole discretion of the Employer will determine which and how many Stewards may be released.

Section 7. Special Union Activities Leave. The Employer shall grant employees unpaid time off for the purpose of participating in special union activities. Such leave shall be granted once per fiscal year and shall not exceed a single shift. The Union shall give the Employer at least 10 days’ notice of the date of the special union activity. Such leave shall be subject to minimum staffing requirements. The Employer may use non-bargaining unit staff to cover programs for the purpose of granting such leave and shall do so to the extent reasonably possible.

Article 12 – Seniority

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Section 1. Seniority. Seniority means length of continuous employment. An employee shall acquire seniority after completing the ninety (90) day introductory period and seniority will then date from the date of employment. When two employees have the same seniority, seniority will be determined by a coin toss.

Section 2. Loss of Seniority. Seniority shall be lost by:

a) resignation or voluntary quit, unless rehired within six (6) months; b) discharge for just cause; c) absence for more than one (1) year due to illness; d) leave of absence for more than one year, excluding time off for reason of

disability, layoff, use of earned time, maternity/paternity leave, military leave, Small Necessities Leave, or FMLA leave;

e) failure to return to work upon expiration of leave of absence, unless authorized.

No seniority shall accrue for any period of absence unless noted above.

Section 3. Lay Offs: When it becomes necessary in the judgment of the Employer to decrease the working force within a specific job classification, the Employer shall (1) first seek volunteers from within that classification; (2) if volunteers are insufficient, then the Employer will then layoff introductory and temporary employees within that classification; and (3) if there still is a need to decrease the working force thereafter, selection of employee(s) to be laid off will be by seniority. The Employer will provide as much notice as possible to the Union and employees to be laid off. The Employer and Union may implement an alternative procedure if mutually agreed.

Section 4. Recall: Recall shall be in inverse order of layoff, i.e., the employee last laid off in a given classification shall be the first recalled into that classification. A recall list will be established consisting of individuals who have been laid off and an individual will have recall rights for positions in his/her classification for six (6) months subsequent to the layoff date. Notice of a position will be provided at the employee’s last known telephone number as reported by the employee to the Employer. If the Employer is unable to contact the employee by telephone, the Employer will notify the employee of a position via overnight mail at the employee's last known address. In the event he/she fails to accept the position within five (5) business days after delivery of notification, he/she forfeits all recall rights and the position will be offered to the next person on the recall list for that classification. Employees who accept a position who are currently employed elsewhere may defer starting work in the recalled position for two weeks after accepting the position, in order to give notice to their current employer. Employees who accept a position who are currently not employed must be ready to start work in the recalled position within one week after accepting the position.

Article 13 – Job Postings and Selection

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Section 1. Whenever a vacancy in a bargaining unit position occurs a notice of such vacancy will be posted at a prominent location at each work site and on the agency’s intranet web site, with a copy to the Union, and remain posted for a period of eight (8) business days.

Section 2. The notice shall include: a) job title; b) a brief description of job duties and responsibilities; c) pay range; d) job qualifications and requirements; e) job site; and f) days and hours of work. Any employee interested in the vacancy shall apply by submitting a completed internal job application to the Human Resources Department within the eight (8) business day posting period or, if the position remains unfilled after the posting period, until the position is filled.

Section 3. Any full or part time bargaining unit member who has completed his/her probationary period of ninety (90) calendar days and is on regular status may apply for a posted position if he/she meets the following requirements:

a) Received at least a “Good” rating on his/her most recent performance evaluation;

b) Be on active status and at work during the period the position is posted; c) Not presently involved in an ongoing progressive discipline procedure.

Section 4. All internal applicants will be interviewed and will be considered for the position based on skill, qualification, education, length of service with the agency, and special requirements of the job. The Employer will fill the vacancy based on its determination in its sole discretion of which candidate is the best qualified candidate. Where qualifications and ability are equal, seniority will be the governing factor in the final selection.

Section 5. For the first 90 calendar days after an employee moves to a new position the employee may choose to return to his or her former position, or the Employer may choose to return the employee to his or her former position. If the employee’s former position is not available the employee may return or be returned to a similar job. If neither the employee’s former job nor a similar job is available the employee may be laid off with the right to be recalled when the former or a similar position becomes available. The employee will retain these recall rights for up to 6 months.

Article 14 – Working Out Of ClassificationSection 1. Employees who perform work in a job classification that is paid at a

higher rate than their current job classification shall be paid at the higher rate for all such time worked. An employee temporarily assigned a different function within that employee’s job classification shall be paid at that employee’s usual rate.

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Section 2. Employees who are assigned temporarily to perform work in a job title that is paid at a lower rate than their current job shall be paid at their regular rate of pay for all such time worked.

Article 15 – Extra ShiftsBefore filling a vacant shift with staffing agency workers, CLASS will ask trained,

certified and otherwise qualified regular status employees, from Transportation for example, to fill the vacant shift on straight time.

Any regular status employee interested in working extra shifts must provide the Agency with his/her qualifications, and vacant shifts will be offered and filled on a rotating seniority basis.

If the shift remains vacant/unfilled after asking three regular status employees who have provided their qualifications, the shift will be filled at the Agency’s discretion, including the use of outside staffing agency workers.

Article 16 – Health & SafetySection 1. The Employer agrees to provide a safe and healthful work

environment for all employees and individuals served by the Employer. Equipment necessary to maintain such an environment shall be provided by the Employer and made easily accessible to employees. The Union and employees agree to support any program(s) required to meet the health and safety needs of employees and clients.

Section 2. Each program shall have a protocol for what to do in the event of an emergency, including the threat of or the occurrence of violence, and each employee shall be trained in this protocol prior to commencing his or her regular assignment. Employees, including employees in Transportation, will be informed of incidents and conditions involving clients when necessary and appropriate and on a “need to know basis,” but with due regard for and consistent with the Employer’s policies regarding client confidentiality.

Section 3. The employer will continue its advisory Safety Committee and will continue to address workplace safety issues and concerns. The Committee shall include at least one bargaining unit member from each program (assuming there is a sufficient number of willing participants), including at least one bargaining unit member chosen by the Union, who shall participate without loss of pay. There will be an opportunity to address Employee safety concerns at each meeting of the Safety Committee.

Section 4. Employees shall not be required to drive vehicles that have any violation of Massachusetts vehicle safety inspection requirements or that are without a functioning heating system in cold weather, or a functioning air conditioning in hot weather.

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Article 17 – Classifications of EmployeesEach bargaining unit member has an employment classification in Human

Resources which is determined by his/her work hours and job and affects eligibility for and/or accrual of certain benefits, including paid time off and health/dental insurances.

Full Time Employees: “Full-time employees” shall be defined as those employees who are hired and carried in Human Resources as full-time employees authorized to and who regularly do work at least thirty (30) hours per workweek.

Part -Time Employees: “Part-time employees” shall be defined as those employees who are hired and carried in Human Resources as part-time employees authorized to and who regularly do work fewer than thirty (30) hours per workweek.

Probationary Employees: Those full and part-time employees who have not yet completed their ninety (90) day probationary period.

Regular Status Employees: “Regular” employees are those full and part-time employees who have satisfactorily completed their ninety (90) day probationary period or any extension thereof and remain employed.

Article 18 – Leaves of AbsencesA. Family & Medical Leave Act (FMLA)

Eligible employees may take unpaid leave of up to twelve (12) weeks during a twelve (12) month period if they have worked at least 1,250 hours for the Employer during the twelve month period prior to commencement of the leave. No employee is eligible for any leave until he or she has completed his or her probationary period or any extension thereof. Employees with 15 but fewer than 20 years of seniority shall be eligible for 18 weeks of Family & Medical Leave (inclusive of FMLA). Employees with 20 or more years of seniority shall be eligible for 24 weeks of Family & Medical Leave (inclusive of FMLA). Leave taken pursuant to this section shall follow the same rules for eligibility and notification as required by the FMLA.

Reasons for FMLA Leave FMLA leave is available for the following reasons:

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1. The birth, adoption or foster care placement of the employee’s child, and in order to care for that child during the twelve (12) month period after birth or placement. Leave must be taken in a single consecutive period.

2. To care for the employee’s child, spouse or parent if any of them has a serious health condition.

3. To attend to the employee’s own serious health condition that renders the employee unable to perform the essential functions of their job.

4. Any “qualifying exigency” arising out of the fact that an employee’s spouse, parent, son, or daughter is on active duty or has been called to active duty in the Armed Forces in support of a contingency operation.

An eligible employee is entitled to a total of 26-weeks of unpaid leave during a single 12- month period to care for a parent, son, daughter, spouse, or next of kin who is a covered Servicemember, regardless of whether the employee has taken leave for another FMLA qualifying reason in the past 12-months.

FMLA is an unpaid leave of absence. Employees may, however, elect to use available sick, personal or vacation time that accrues or comes available during their leave. Employees may maintain their benefit elections during the leave, but must continue payment of contributions for any non-subsidized or partially subsidized benefit of the Employer. Vacation and sick time will continue to accrue during the leave.

Notice and Scheduling of FMLA Leave An employee must provide the Employer with at least thirty (30) days

advance notice before commencement of the leave, or as soon as practicable. The Employer reserves the right to designate eligible absences as FMLA-qualifying leave, even if the employee has not specifically requested the leave (i.e. Short Term Disability).

Any employee requesting FMLA leave must contact the Human Resources Department to review eligibility requirements, plans and documentation needs. If an employee does not return to work on the agreed upon date, does not formally request additional leave, or provide sufficient documentation at the time of the request, the employee will be considered as having voluntarily resigned.

B. Parental Leave of Absence Employees are eligible for up to eight (8) weeks of leave for the purposes

of childbirth or adoption of a child under the age of eighteen (18) or under the age of twenty-three (23) if the child is mentally or physically disabled. This benefit is available to full-time regular employees who have completed their ninety (90) day probationary period and do not meet the eligibility requirements for FMLA or Short Term Disability. Parental leave runs simultaneously with the any

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entitlement to FMLA and the Massachusetts Maternity Leave Act (MMLA). Employees must give two week notice of their intent to take this leave of absence and complete necessary paperwork. If an employee does not return to work on the agreed upon date, the employee will be considered as having voluntarily resigned.

Parental Leave is unpaid. Employees may, however, elect to use available sick, personal or vacation time that accrues or comes available during their leave, or STD benefits if available. Employees are able to maintain their benefit elections during their leave. Employees must continue payment of contributions for any non-subsidized or partially subsidized benefit of the Employer. Vacation and sick time will continue to accrue during the leave.

C. Bereavement Leave In order to provide employees with the necessary time to attend to family

matters relating to the death of an immediate family member, an employee may be granted up to three (3) consecutive paid days off for Bereavement Leave. Hours paid for those days will be equal to the number of hours regularly scheduled for the days requested.

Immediate family members include spouse, child, father, father-in-law, mother, mother-in-law, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson or stepdaughter, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, grandchild, spouse's grandparent, foster child or foster parent, or unmarried couples living together. Time off to attend the funerals of other family members or friends can be compensated for via accrued personal or vacation time, if any.

Time paid for Bereavement Leave is not counted as hours worked for purposes of computing overtime pay. For bereavement requests out of state or country, the Employer reserves the right to request confirmation of the need to take time off under this leave policy.

D. Jury Duty and Witness Leave Employees required to attend Jury Duty or appear as a witness during a

trial will be granted time off for these purposes. For Jury Duty Leave, the Employer will pay regular wages to an employee for the first three (3) regularly scheduled days of service. If an employee receives any jury duty compensation, the wages paid will be the difference between the employee’s regular pay for hours worked on the required day(s) of absence and the pay for jury duty paid by the court. An employee may choose to use accrued personal or vacation time to compensate for work absences beyond the three (3) compensated days.

An employee who is subpoenaed as a witness will be granted unpaid leave for all required days and/or hours of absence to serve as a witness, and

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may elect to utilize his/her personal time or vacation time, if available. Documentation of jury duty or witness appearances must be submitted to the employee’s immediate supervisor for attendance and payroll purposes, and for verification of the required days of absence for jury duty or witness appearances.

For purposes of calculating overtime, jury duty and days off for witness appearances will be considered days worked solely for purposes of calculating vacation and sick accruals.

E. Personal Leave of Absence An unpaid personal leave of absence of up to thirty (30) days may be

requested by regular full-time employees who have successfully completed their probationary period and have personal situations that are not covered by other leaves. Employees may elect to use available personal or vacation time that accrues or comes available during their Leave. Employees may maintain their benefit elections during such leave, but must continue payment of contributions for any non-subsidized or partially subsidized benefit of the Employer. Vacation and sick time will continue to accrue during the Leave.

Requests must be submitted in writing to the employee’s immediate supervisor at least two (2) weeks in advance. Special consideration will be given to the timing of emergency requests. If an employee is not able to return to work on the agreed upon date, he or she must apply for an extension to his/her leave request. In no event shall the leave exceed six weeks. If the employee does not return from the approved leave on the date agreed, he or she will be considered as having voluntarily resigned.

F. Military Leave of Absence Any reserve member of the armed forces who, in order to receive military

training with the armed forces of the United States or the state, is entitled to up to seventeen (17) days of leave per calendar year. The employee must be employed in a non-temporary position; must give notice of the date of departure and date of return from military training; and upon the satisfactory completion of such training, must immediately return to his or her position with the Employer. Requests for Military Leave that are not related to reserve training will be individually reviewed based on state and federal laws governing Military Leaves of Absence at the time of the request. Benefits for non-reserve Military Leave will be based on applicable law at the time of the request.

G. Workers Compensation Leave:

Employees are required to report all accidents to their supervisor, regardless of how minor. The Employer is required by law to report all worker’s compensation injuries to the state within twenty-four (24) hours of the accident or injury occurring. Failure to report an injury within 24 hours of occurrence may

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result in disciplinary action. The Employer will pay for the first five (5) days on workers compensation leave as follows:

Day 1 – 100% Day 2 - 93% Day 3 - 86% Day 4 - 80% Day 5 - 73%

Employees may use accrued sick time to make up the difference between the percentage paid and their usual daily pay.

H. Return From Leaves For all leaves in this Article, at the conclusion of the approved leave the

employee may return to his/her former position and location. If the employee’s former position and location is not available at the end of the approved leave, the employee may be returned to an equivalent job, provided that an Employee returning from leave shall have no greater rights than if he/she had not taken leave at all.

Article 19 – VacationsSection 1. Bargaining unit members who work forty (40) hours per week on a

regular basis will be eligible to earn ten (10) days or eighty (80) hours of vacation the first year of employment with the agency. All bargaining unit members working fewer than forty (40) hours per week on a regular basis will be eligible to earn vacation time on a pro-rated basis from the first year of employment, depending on the number of hours worked. Carry-over of unused vacation days from one year to the next is allowed, up to the prescribed maximums set out below. Carry-over of vacation days for bargaining unit members working fewer than (40) hours will be prorated. Any vacation time over the maximum amount of carry-over hours allowed but not utilized will be forfeited. A bargaining unit member who reaches the maximum number of hours allowed to accrue will cease to accrue additional vacation hours. Hours will begin to accrue again once available time has been drawn down below the maximum allowed. In no instance will the company “make up” time lost based on this accrual rule if potential time is lost. Vacation days are not considered in the calculation of overtime.

Section 2. Vacation Schedule

Length of AnnualService Hours

Maximum Vacation Hours

Earned per year

MaximumCarryover

Hire date up through 3 years

80 (10 days) 120 (15 days)

4 years up through 7 years 120 (15 days) 160 (20 days)

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8 years up through 14 years 160 (20 days) 200 (25 days)15+ years 200 (25 days) 240 (30 days)

Section 3. Vacation Calculation

Bargaining unit members earn vacation time based on number of hours worked per week on a regular basis. All hours worked during the year from date of hire, including holidays, paid vacation, sick and personal time, overtime hours, approved bereavement leave and jury duty, and FMLA time are considered hours worked in the calculation of vacation accruals.

Vacation accruals are calculated on a bi-weekly basis in conjunction with the payroll cycle.

Example – 10 vacation days per year

Hours ScheduledPer Week

Vacation AccrualHours per Pay Period

40 3.0835 2.6930 2.3125 1.9220 1.54

Section 4. Vacation Request Procedures

A bargaining unit member must request approval from his/her immediate supervisor to take two (2) or more days of vacation time a minimum of two (2) weeks in advance of the requested date of vacation. Requests for use of single or partial vacation days must be made with at least 24 hours’ notice. Requests made with less advance notice will be approved only as the business needs allow.

Denial of a vacation request may be made based on staffing needs, general business needs, benefit time available on the part of the bargaining unit member, length of requested time off or proximity to a lengthy leave of absence. Requests for use of vacation time shall not be unreasonably denied.

Requests should be made either through Electronic Time & Attendance system, e-mail or other written documentation. A request is not considered approved unless in writing and/or entered as approved in the Electronic Time & Attendance system.

Section 5. Termination of Employment

All vacation hours accrued but not used will be paid out to the bargaining unit member on the next bi-weekly pay period following the date of the bargaining unit member’s termination in the case of a voluntary resignation. A bargaining unit member is not allowed to use vacation hours accrued to extend a termination date beyond their

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last day worked. A bargaining unit member who is involuntarily terminated will have any vacation hours accrued but not used paid out on the day of termination with his/her final paycheck, unless the situation is such that this is not feasible. In this case, the vacation time due will be paid on the next business day.

Section 6. Vacation Buyback

a. Employees may cash out up to one (1) week of vacation on May 1 of each year, and may cash out up to one (1) week of vacation on November 1 of each year, prorated for part-timers;

b. The employee must have over two weeks of vacation time in their accrual bank to be eligible to cash out (prorated for part-timers).

Article 20 – HolidaysSection 1. Holidays

The following are paid holidays for bargaining unit members under the following terms and conditions:

New Year’s Day Martin Luther King Day President’s Day Patriot’s Day Memorial Day Independence Day Labor Day Columbus Day Thanksgiving Day Day after Thanksgiving Christmas Day

The Employer may continue the existing practice of modifying the holiday schedule based on input from employees subject to contractual requirements.

Section 2. Procedure

In order to be eligible for holiday pay, a bargaining unit member must work the day before and after a holiday, unless an authorized absence is scheduled. Pre-approved vacation days, personal days, bereavement leave, and jury duty are considered as scheduled workdays.

If a bargaining unit member is absent on one or both days preceding and/or following the holiday due to illness or injury, the bargaining unit member is required to present a doctor’s note to his/her supervisor in order to be compensated for the holiday.

When required by the supervisor to work on a holiday, a bargaining unit member will be paid double time his/her regular hourly rate of pay. Prior approval of the Employer to work on a holiday is required.

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Part time regular bargaining unit members are eligible for holiday pay on a pro-rated basis if their regularly scheduled workday falls on a holiday. (Pro-rated basis is defined as the scheduled hours normally worked on that day if it was not a holiday.)

There is no waiting period to be eligible for holiday pay. Holiday hours paid are not considered in the calculation of overtime.

Article 21 – Personal TimeSection 1. The Employer provides each bargaining unit member with a

maximum of three (3) Personal days per fiscal year (July 1 – June 30). The number of personal days for the first year of employment will be determined by the bargaining unit member’s hire date in the fiscal year. The equivalent of each Personal day will be determined by the number of hours actually worked on a regular basis. Bargaining unit members are not eligible to use Personal time until transfer to “regular” status has occurred. Unused Personal time is not paid out upon separation. Personal time may be used to compensate an employee during a leave of absence that would generally go unpaid due to ineligibility for disability benefits. Personal time may not be carried over or borrowed from one fiscal year to the next.

Section 2. Requests for use of personal time must be made with at least 24 hours’ notice except in cases of emergency. In an emergency an employee may use Personal time provided proper notice is given. A bargaining unit member who calls in and does not speak directly with his/her immediate supervisor or designee to notify him or her of the need to take a Personal day for emergency purposes may be denied use of his/her Personal time for that day. Each situation will be handled on an individual basis.

Article 22 – Sick TimeSection 1. Full-time bargaining unit members who successfully complete their

introductory period earn a maximum sick leave benefit of ten (10) days per fiscal year, prorated for part time. Sick leave use will not be allowed until a bargaining unit member has been transferred to “regular” status from his/her ninety (90) day introductory period, or extension thereof, by his/her immediate supervisor.

Sick days will not be compensated if taken the day before or the day after a holiday or vacation day(s) unless a physician’s note is submitted. Bargaining unit members out sick for three (3) consecutive days or more need a physician’s note to return to work. Abuse or misuse of sick time may result in disciplinary action up to and including termination. Sick time may be used to compensate a bargaining unit member during a leave of absence that would generally go unpaid due to ineligibility for disability benefits.

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Bargaining unit members may “carry-over” any sick time remaining from June 30 into the new fiscal year (beginning July 1). Following this “carry-over”, sick hours continue to accrue until the maximum 10 available days (pro-rated for part-time) has been reached. Unused sick time is not paid out upon termination from the agency.

Sick time will become frozen once a bargaining unit member gives his/her notice of termination and may not be used unless a physician’s note is submitted. Pay for sick leave will be at the discretion of the Employer without a physician’s note.

Sick time accrues from date of hire but may not be used until after the ninety (90) day introductory period has been successfully completed. The initial calculation for the first year of employment will be a prorated period of time to include the first day of hire up through the end of the fiscal year (June 30). Sick time accrues and maximums are calculated annually, on July 1, thereafter. Once a bargaining unit member’s annual allotment of sick time has been used, no additional sick time will accrue until July 1 of the following fiscal year. Sick days are not considered in the calculation of overtime.

Section 2. Sick Leave Call-In Procedure

Employees may use accrued sick leave for personal or family illness or injury. To use sick leave:

Transportation employees must call in at least 30 minutes prior to the beginning of their shift. Transportation employees shall call in to the dispatcher. If there is no answer, employees should leave a message and then contact the Transportation Manager via cell phone and leave a message if there is no answer.

All other employees must call in at least 15 minutes prior to the beginning of their shift. Such employees shall call in to their immediate supervisor. If there is no answer employees must call in to the Department Director. If there is no answer employees may leave a voice mail with the Department Director.

Section 3. Sick Leave Bonus

A. Quarterly Bonus:

A quarterly bonus of $100 will be paid to any bargaining unit member who meets the following attendance and employment criteria.

1. The employee has completed his/her 90 day Probationary Period prior to the onset of the Bonus Quarter;

2. The employee does not use any sick time during a designated Bonus Quarter;

3. There are no “unpaid” days taken during the Bonus Quarter; 4. The employee has not exhausted the maximum sick time allowance

during a fiscal year (10 days, pro-rated for part-time); 5. The employee is actively working during the Quarter (i.e. not on medical or

personal leave of absence, administrative leave, short term or long term

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disability leave of absence, worker’s compensation leave of absence, or under suspension for performance related issues);

6. The employee is actively employed at the time of payout of the benefit and has not given notice of intent to terminate employment.

Quarters will run as follows:

January – March; April – June; July – September; October – December. Specific start and end dates of a Bonus Quarter will be determined by the

beginning and end dates of payroll periods

Part Time Employees will receive a prorated portion of the bonus based on hours worked.

B. Year End Bonus:

If an employee works an entire fiscal year without taking a sick day, an additional bonus of $100 will be awarded. The following conditions must also be met to be eligible for the year-end bonus:

1. There were no “unpaid” days taken during the fiscal year; 2. The employee is actively employed at the time of payout of the benefit and

has not given notice of intent to terminate employment.

Section 4: Massachusetts Earned Sick Leave Statute

Wherever the Massachusetts Earned Sick Leave statute provides benefits greater than those stated in this Article, they are incorporated into this Agreement; otherwise the sick leave provisions of this Article apply.

Article 23 – BirthdayEmployees who have completed the probationary period shall accrue a paid day

off to coincide with their birthday. The day must be taken within the bi-weekly pay period in which the birthday falls. An employee must request approval from his/her immediate supervisor in advance to schedule the specific day to take their birthday off.

Article 24 – Meal Period & BreaksSection 1. Meal Period

Employees working more than six (6) consecutive hours in a day are entitled to a thirty (30) minute meal period, the scheduling of which will be determined by each employee’s immediate supervisor, who will take into consideration the operational needs of the department and clients in setting the schedule for coverage. Meal periods are not to be taken at the beginning or end of a work day to accommodate a time off need without prior supervisory approval. Full-time employees (30+ hours/week) will be

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paid for their meal period. Employees who work in Transportation and provide relief services in Programs between shifts, will be paid for their meal period.

Section 2. Breaks

a. Employees working fewer than six (6) hours per day will be entitled to a 15 minute paid break, the timing of which is determined by the supervisor, who will take into consideration the operational needs of the department and clients in setting the schedule for coverage.

b. Employees working more than six (6) hours per day are entitled to two (2) ten (10) minute paid breaks, the timing of which is determined by the supervisor, who will take into consideration the operational needs of the department and clients in setting the schedule for coverage. These breaks cannot be combined with other breaks or meal periods, or taken at the beginning or end of a work day to accommodate a time off need without prior supervisory approval.

c. Breaks are not to be taken at the beginning or end of a work day to accommodate a time off need without prior supervisory approval.

Section 3. In the event that there is insufficient staffing to allow an employee to take a meal period or break for which he or she is eligible, the Employer shall make every reasonable effort to find alternative staffing or other arrangements such that the meal period or break can be taken. Employees will continue to responsibly integrate meal period and/or breaks into their work schedules while maintaining their commitment to the individuals being served.

Section 4. Employees providing transportation shall be allowed brief rest room breaks only at times when consumer are not in the vehicles, and only upon prior notification to the dispatcher. Otherwise no personal stops are allowed when driving an Employer vehicle.

Article 25 – Non-DiscriminationSection 1. Neither the Employer, Union or bargaining unit members will

discriminate against, engage in harassment of, or retaliate against, any employee or client because of the employee's race, creed, color, religion, national origin, sex, marital status, age, physical or mental disability, sexual orientation, gender identity, military status, political belief, genetic information, amnesty, primary language, union membership or activity or other category protected by law. The Employer and the Union will not tolerate discrimination or harassment, including but not limited to sexual harassment.

Section 2. Any disputes under this Article shall be subject to the grievance procedure as follows:

a. Employees alleging discrimination in violation of Section 1 above, as a claim or part of a claim in a grievance shall elect to pursue that grievance exclusively through either the grievance and arbitration procedures in this

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Agreement or (if applicable) through the procedures available through the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the courts;

b. The employee will make the exclusive decision in writing after the Step 2 decision is received but before appeal to arbitration;

Section 3. Employees may speak any language while in a break room or away from individuals' hearing, subject to the dignity and respect Article of this Agreement.

Article 26 – MileageWhen employees us their personal vehicles for work purposes they shall be

reimbursed for all miles driven at the IRS rate for business miles driven. The employer shall also reimburse $200.00 per insurance year, ($100.00 every six (6) months) for Class 30 insurance coverage for vocational support employees, provided that:

the employee carries a minimum coverage of $100,000 per person/$300,000 per accident liability insurance coverage on his/her vehicle;

the employee has Massachusetts endorsement M-004-S (“Transportation of Fellow Employees, Students, Others”;

there is satisfactory semi-annual checks on license, insurance verification, driving record, vehicle registration and inspection sticker.

Article 27 – Reimbursement for DamagesThe Employer shall reimburse employees for reasonable costs due to loss of or damages to an employee’s property incurred during the performance of assigned job responsibilities if the following guidelines are met:

the damage was caused by job-related activity; the property damaged was appropriate for the work environment; the employee followed correct procedures for the situation, including reporting

the damage to management within one business day.

Article 28 – Inclement WeatherIn the event the Employer determines to close operations due to inclement

weather, bargaining unit members will be paid up to a maximum of three (3) such days per fiscal year. Should closures exceed the three (3) days in a fiscal year, employees will be paid out of their accrued vacation or personal time, or may elect to take the day unpaid; if the employee has no vacation or personal time accrued, the employee shall take the day unpaid.

Article 29 – Protection of Conditions

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This Agreement provides minimum standards only and shall not prevent the Employer from granting additional payment or benefits provided that all similarly situated employees are treated equally.

Article 30 – Job DescriptionsThe Employer has the right to develop, make and alter job descriptions. If the

Employer establishes a new job classification, combines 2 or more jobs, or significantly alters or expands the duties of an existing job classification, it shall notify the Union and shall impact bargain the same, although impact bargaining shall not delay implementation of a new or changed job. A signed copy of the job description is reviewed and provided for every new hire or when an employee changes position. A job description for each agency position is also available on the CLASS intranet at each worksite.

Article 31 – InsurancesSection 1. The parties acknowledge that the benefits programs offered by the

Employer are plans offered on the same terms and conditions to all bargaining and non-bargaining unit employees. Eligible employees may participate in the following Employer benefit plans on the same terms and conditions as the same are afforded to the Employer’s nonexempt non-bargaining unit personnel.

health insurance; dental insurance; life insurance; long-term disability; short-term disability; pension (403(b)).

The Employer reserves the right to make changes to its insurance programs should costs increase during the term of this Agreement. These changes may include, but are not limited to, the right to change carriers or administrators, the right to implement or change co-pays and deductibles, and the right to change premium contributions, provided, however, that during the term of this Agreement the percentage of the health insurance premium paid by employees covered by this Agreement shall not exceed the percentage being paid on the date this Agreement is entered into. Before committing to any changes with their carrier/broker, the Employer agrees to meet and confer with representatives of the Union about the options the Employer is considering.

Section 2. The Union and bargaining unit members acknowledge and agree that any dispute concerning eligibility for or payment of benefits under any of the Employer’s benefit plans, or any dispute or issue relating to the administration of said Plan(s), shall

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be resolved in accordance with the terms of the Plan(s) and is not subject to the grievance and arbitration provisions of this Agreement.

Article 32 – 403(b) ProgramThe employer agrees to offer bargaining unit employees the same 403(b) made

available to non-bargaining unit employees subject to the same terms, conditions and limitations, but in no event will the agency match be less than 25% of the first 3% of the employee’s contribution.

Article 33 – Cell Phones and Other Electronic Communication DevicesUnauthorized use of personal cell phones and/or electronic devices

(making/receiving calls, texting, email, web browsing, gaming, etc.) during work time is prohibited. Employees may carry personal cell phones during work time but they must be turned to vibrate or off. Employees can turn their phones on/check for messages during authorized break times only.

Employees should give family members the Employer’s main telephone number for emergency calls. In the case of such a call, the operator will immediately relay information to the employee or, if the employee is not reached, to the employee’s supervisor or someone else available and able to reach the employee to ensure the message is received. If using the radio, the dispatcher will notify the appropriate van to pull over and call the office immediately.

Employees who use cell phones contrary to the above will be disciplined pursuant to the Employer’s progressive discipline policy.

Article 34 – AttendanceAll bargaining unit members are expected to report for work regularly and on time

for their scheduled hours. Bargaining unit members who know they are going to be late for work are required to directly notify their supervisor as soon as they are aware that they will be late. Absent unexpected commuting delays, notification should be at least within fifteen (15) minutes of their scheduled start time for each day of absence; (30) minutes notification for transportation staff. Bargaining unit members must speak with their supervisor directly. Leaving a voice mail message does not constitute notification. Excessive lateness may result in disciplinary action up to and including termination.

Article 35 – Investigations

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All employees of CLASS, Inc. are considered “mandated reporters” and as such are required to report any inappropriate conduct toward individuals receiving services immediately. Mandated Reporters are required, by law, to report cases of suspected abuse to the DPPC when they have a suspicion that a person with a disability is suffering from a reportable condition of abuse or neglect.

Employees or any other individual who are alleged to have mistreated or abused an individual will be reported to DPPC. Any employee in this situation will be placed on an unpaid leave of absence, or reassigned at management discretion. An internal investigation into the situation will be conducted, after which the Employer will determine whether or not disciplinary action is warranted. Nothing in this article shall limit the Agency's right to discipline employees for just cause at any time regardless of the status of any governmental investigation.

Article 36 – ConfidentialityAll employees are responsible for assuring and maintaining confidentiality in the

services provided to clients and for abiding by statutes and regulations protecting clients’ confidential personal and medical information.

Article 37 – HarassmentThe parties agree that harassment of employees by clients, employees, staff,

vendors or anyone else doing business with the Employer, or by employees of clients, employees, staff, vendors or anyone else doing business with the Employer, on any basis, sexual or otherwise, is considered serious misconduct, will not be tolerated and is grounds for discipline up to and including termination. Included in the word “harassment” is the concept of retaliation against anyone for reported suspected incidents of harassment.

Article 38 – Fitness for DutyTo fulfill our responsibility to provide reliable and safe service to the individuals

we serve as well as a safe work environment, employees must be physically and mentally fit to perform their duties safely and efficiently. Employees are expected to report for work and remain at work in condition to perform assigned duties free from the effects of alcohol and drugs subject to disciplinary action up to and including termination.

The unlawful use or possession, sale or transfer of drugs or narcotics in any manner at work will result in immediate termination. Possession of alcoholic beverages in the work place or the consumption of alcoholic beverages in association with the workplace or during work time will result in immediate termination.

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It is an employee's responsibility to notify his/her supervisor when they have been informed that a physician's treatment or prescribed medication has a side effect which will impair their ability to perform their normal duties. Such an employee will produce a "doctor's note" declaring him/her to be fit for duty before he/she can continue working.

Article 39 – No SmokingSmoking is not allowed in any Employer facility or enclosed workspaces. Each

facility has at least one designated smoking area, which is/are the only places where smoking is permitted on Employer-owned or leased property. Smoking in Employer vehicles is prohibited at all times. During the work day employees may only smoke during their ten (10) minute breaks or during their meal period. Normal routine and operations will not be altered to accommodate smokers. Employees seeking information on smoking cessation programs should contact the Human Resources Department.

Article 40 – SeverabilityThe provisions of this Agreement are deemed to be separable to the extent that if

and when any provision of this Agreement is determined to be in conflict with any law, rule or regulation by a court or tribunal of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect and the Parties shall meet to negotiate a replacement clause.

Article 41 – Work Permit Status1. In the event an issue or inquiry arises involving the immigration status or

employment eligibility of a non-probationary employee, involving the expiration of an employee's authorization to work, the employee shall be suspended until such time as the matter is remedied or other action is taken consistent with this Article. Employees are responsible for filing the necessary application or petition sufficiently in advance to reasonably expect to maintain continuous employment authorization or valid employment authorization documents.

2. Any lawful changes in the employee's documentation or lawful correction in his/her social security number shall not be considered new employment unless there is a break in service. If the bargaining unit member does not remedy the issue or provide valid documentation that the issue is in the process of being remedied within two weeks the bargaining unit member will be discharged. If within two weeks days there is documentation that a process to remedy the issue has commenced, then the employee has up to 30 days to remedy the process and avoid termination. It is understood that if the work authorization has expired

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an employee cannot work even if the matter is under review. It is understood that an employee suspended pursuant to this paragraph shall not accrue seniority or any other benefits while suspended. Employees terminated according to this Article who remedy the issue which resulted in termination, if rehired at the Employer's discretion within 6 months, shall retain their seniority.

3. For the purposes of correcting the identified problem, if the Employer is given adequate notice of planned absences and verification of the appointments, hearings or other proceedings, the employee may be granted time off to remedy the issue. The employee must use accrued time before unpaid time for these purposes.

4. Upon request the Employer agrees to meet with the Union and discuss the employee's issue/problem if the employee so requests. When practicable, and permissible under applicable law and/or regulations, this meeting will take place before the Employer initiates any adverse employment action.

5. The Union and the Employer understand and agree that under no circumstances do the terms of this Agreement void any current or future Local, State or Federal Immigration Laws for which the Employer is required to adhere to and be in compliance with appropriate laws and regulations.

6.

Article 42 – DurationThis Agreement is effective upon ratification and covers the period of July 1,

2018 through June 30, 2019. This Agreement will renew from year to year thereafter unless written notice of a desire to modify or terminate the Agreement is given not fewer than sixty (60) days prior to July 1, 2019, or July 1 of any subsequent year.

Both parties agree that the only articles in this Agreement retroactive to July 1, 2018 are those dealing with wage increases set forth in Article 6 unless otherwise specifically stated in this Agreement.

IN WITNESS WHEREOF, the parties have executed the Agreement in duplicate by their duly authorized officers and representatives.

_______________________________ _______________________________

_______________________________ _______________________________

_______________________________ _______________________________

For the Union For the Employer

DATED: DATED:

Side Letter2018 – 2019 CBA

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1. Employees will be allowed to use accrued paid time (vacation or personal time) for all or some of the week (up to 5 days) of 7/9/2018 thru 7/13/2018. Requests must be made by October 1, 2018

2. Ratification Bonus – Employees will receive a $100.00 ratification bonus within a week of ratification of the 2018 Settlement, in a separate check.

_______________________________ _______________________________

For the Union For the Employer

DATED: DATED:

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