The
following are major changes to the 2009-2011 NAPE/AFSCME and State of
Nebraska Labor Contract
which will become effective
July 1, 2009. Included with the list of changes
you will find some guidance in applying the provisions to your agency.
This contract will apply to all NAPE/AFSCME covered bargaining units.
The CIR issued a decision on August 6, 2009, involving the E Bargaining Unit and changes to their
wage adjustments and leave. Please contact
AS-Employee Relations as questions arise regarding the
application and interpretation of these provisions.
Article 1 – Preamble
1.1
Date changes and changed Health and Human Services System to Department
of Health and Human Services, based on the name change of this Department in
State Statutes. You will see HHSS
being changed to DHHS throughout this Contract.
Article 5 – Layoffs and Resignations
Throughout
Article 5 you will find the word “class/classes” was changed to
“classification/ classifications” in order to be consistent.
5.5.d
Throughout the entire Contract, we removed the words “salary grade”
since we no longer have salary grades in our pay plans.
In this particular section we previously referred to “higher salary
grade” and “lower salary grade”. We
have now changed this reference to “a position assigned to a classification
with a higher minimum rate of pay” and “a position assigned to a
classification with a lower rate of pay”.
These same types of changes mentioned
above in Section 5.5.d, where we eliminated the words “salary grade” occur
in the following sections of Article 5. By
changing this language, it does not change the meaning of the provision; it
simply refers to a classification’s “minimum rate of pay” (which is the
hiring rate), since we no longer have a salary grade number to attach to a
classification. The sections with
this change are:
5.6.b
5.6.c.3
5.7
5.6.c
5.6.c.4
5.8
5.6.c.2
5.6.c.5
5.20
5.21
Added “full-time or part-time” in second sentence, which clarifies
that the permanent position offered to the employee in the re-employment program
can be either full time or part time. In
the next sentence, we added “within 30 calendar days” which clarifies the
length of time in which an employee can be enrolled a second time in the
re-employment program if they do not complete original probation after accepting
a position. The words “re-enter”
were changed to “re-enroll” to be consistent with the wording in Section
5.20 regarding the Re-employment Program.
Article 7 – Work Schedule
7.9
In order to eliminate the “salary grade” language, we changed
“Employees at a salary grade equivalent to salary grade 14 or below…” to
“Employees eligible for overtime under this Agreement..”.
This doesn’t really change anything, other than to eliminate the
“salary grade” language.
Article 8 – Original Probationary
Period
8.2
Added “or may be required to begin a new original probationary period
of not less than six months” which indicates that an employee who transfers
within an agency or to another agency while on original probation may have this
probationary period extended or started over.
Article 9 – Transfers, Promotions, and
Filling Vacant Positions
9.3
First sentence has “salary grade” related changes.
It now reads: “No employee
shall be transferred to a position assigned to a classification with a lower
minimum rate of pay with no salary reduction and then promoted to a position
assigned to a classification with a minimum rate of pay as high as that of the
previously held classification with a salary increase within one year.”
9.4
Changed 3rd to last sentence from “The agency shall not be
required to utilize the disciplinary process to revert an employee back to the
employee’s former position or a vacant position equivalent to the former
position’s salary grade.” to
“The agency shall not be required to utilize the disciplinary process to
revert an employee back to the employee’s former position or a vacant position
assigned to a classification having a minimum rate of pay equivalent to
the former position.”
Article 11 - Wages
11.2
On July 1, 2009, all employees in each Bargaining Unit, except the
“E” Bargaining Unit, shall receive a two and nine-tenths percent (2.9%)
pay increase to their annual full-time equivalent salary base.
11.3
On July 1, 2010, all employees in each Bargaining Unit, except the
“E” Bargaining Unit, shall receive a two and one-half percent (2.5%)
pay increase to their annual full-time equivalent salary base.
11.4
Changed “The hiring rate and maximum rate of each salary grade will be
established per the grade assignments found in Appendix B.” to
“The minimum rate and maximum rate of pay for each classification in each
bargaining unit will be established per the pay range assignments found in
Appendix A.” We no longer have an
Appendix B.
11.5
Pay Plan changes are identified for 2009:
“On July 1, 2009, each salary rate of all classifications in each
bargaining unit pay plan, except the “E” Bargaining Unit, will be adjusted
upward by two and nine-tenths percent (2.9%).
(Appendix A 2009-2011).”
11.6
Pay Plan changes for 2010: “On
July 1, 2010, each salary rate of all classifications in each bargaining unit
pay plan, except the “E” Bargaining Unit, will be adjusted upward by two and
one-half percent (2.5%). (Appendix A
2009-2011).”
11.7
This section discussed the Pay Plan and salary grade assignments.
We removed this section and combined it with Section 11.4.
The remainder of this Article is renumbered.
11.7
Pay Periods.
Deleted the second sentence which provided for the Employer developing
one bi-weekly pay period, which was accomplished; and it is renumbered to 11.7.
11.8
Promotions.
By eliminating the “salary grade” language in this section on
promotions, it was totally rewritten, but still based on how we have implemented
promotions previously.
5% for promotions where the new classification’s minimum rate of pay is
equal to or greater than 7.5% but less than 15% above the minimum rate of pay of
the classification which the employee occupied prior to promotion;
7.5% for promotions where the new classification’s minimum rate of pay
is equal to or greater than 15% but less than 22.5% above the minimum rate of
pay of the classification which the employee occupied prior to promotion; or
10% for promotions where the new classification’s minimum rate of pay
is equal to or greater than 22.5% above the minimum rate of pay of the
classification which the employee occupied prior to promotion.
When promoted, the employee’s salary shall be at least the minimum rate
of pay for the new classification; and in no case shall the employee be paid
more than the maximum rate of pay of the new classification when promoted.
11.9
Demotions.
By eliminating the “salary grade” language in this section on
demotions, it was totally rewritten, but still based on how we have implemented
demotions previously.
5% for demotions where the new classification’s minimum rate of pay is
at least 7.5% below but not more than 15% below the minimum rate of pay of the
classification which the employee occupied prior to demotion;
7.5% for demotions where the new classification’s minimum rate of pay
is at least 15% below but not more than 22.5% below the minimum rate of pay of
the classification which the employee occupied prior to demotion; or
10% for demotions where the new classification’s minimum rate of pay is
at least 22.5% below the minimum rate of pay of the classification which the
employee occupied prior to demotion.
When demoted, the employee’s salary still needs to be at least the
minimum rate of pay of the new classification, and cannot be greater than 5%
above the maximum rate of pay for the new classification.
11.10
When rehired, a former employee’s salary can be up to the same
percentage into the range as their former classification.
The provision is reworded because of removing the “salary grade”
language.
11.11
This is the section that allows agencies to request in-grade hires and
in-grade salary adjustments. If
applicable, these requests shall include similar salary adjustments for
incumbent employees possessing the same job qualifications or unique job related
factors. State Personnel will
forward these requests to our office, and upon our approval, we will forward the
request to the Union. The major
change in this section is that if the union does not agree with the request, the
Employer has the ability to go ahead and hire employees into the range and make
the appropriate equity adjustments to other employees in the same agency and
classification. The Union is
entitled to initiate a grievance on behalf of named adversely affected employees
in the same agency and classification, at Step 3 of the process.
The employee must sign the grievance, and the employee may withdraw their
name from the grievance at any point during the process.
11.12
Deleted “hired on or after July 1, 2007,” after “personnel” in
first sentence. Changed “Appendix
A” to “Appendix B” at the end of the first paragraph.
Updated the listing of classes by removing:
Nursing Services Surveyor Consultant I and Facilities Surveyor/
Consultant-RN’s from the chart which have been deleted from the system;
removed the “II” after the classification of Nursing Services Surveyor
Consultant; changed four titles beginning with “HHSS” to “DHHS”.
The last paragraph was deleted as it was no longer applicable.
Article 12 – Overtime
12.5
This entire section was deleted except for the last two paragraphs.
A new first paragraph was inserted which states that employees shall be
eligible for time and one-half overtime compensation except for those
classifications identified in Appendix A as exempt.
Therefore, those classes identified as exempt in Appendix A shall not be
eligible for time and one-half overtime.
Article
13 - Insurance
13.1
In the second paragraph we added the words “plan and” after “For
purposes of this section,”, so it now reads:
“For purposes of this section, plan and option shall mean one of
the choices of levels of medical and other benefits offered by a carrier.”
We also deleted the third paragraph that
referred to the deductibles, out of pocket maximums, co-insurance, and
prescription drug card provisions that would be in effect the first six months
in the previous labor contract. This
will no longer happen as our health insurance plans are now based on fiscal
years rather than calendar years for ease of administering as it will coincide
with agency budgets.
Fourth paragraph is current contract
language with the sentence now ending with “take effect each July 1” rather
than “take effect January 1, 2008.”
At the end of Section 13.1, there is a
new sentence which reads: “In
addition to the above, the Employer may offer different group health insurance
plans.” This will include plans
besides the regular PPO plan, such as Blue Choice plan and the new Wellness PPO
plan.
Article
14 – Authorized Leave
14.5
We included new language in parenthesis about part-time employees earning
vacation leave on a pro-rated basis.
14.9
Catastrophic Illness Donation
Program. We added back the
last sentence in the second paragraph which was inadvertently stricken last
contract. It provides that “No
more than 1200 hours of donated leave may be received by an employee during a 12
month period.”
14.10
We included new language in parenthesis about part-time employees earning
sick leave on a pro-rated basis.
14.14.1 Struck this
section which provided for the Union and the Employer jointly researching the
feasibility of implementing a tax qualified employee retirement health account
by convening a labor-management committee meeting, which did not develop.
14.16.1
Family Leave.
In the 4th sentence, we added “accumulated compensatory
time,” after “vacation leave”, which is another form of paid leave that an
employee can use if their requested sick leave meets the conditions outlined in
Section 14.11.a, b, or c, as part of their 12 weeks of Family Medical Leave, if
the employee should so choose.
14.16.2
Conditions for using Family
Leave. Sections “e” and
“f” were added. These are
additional reasons an employee can use Family Medical Leave, which pertain to
the Military. The first one
(“e”) is because of any qualifying exigency (as defined by the U.S.
Secretary of Labor) arising out of the fact that the spouse, son, daughter, or
parent of the employee is on active duty (or has been notified of an impending
call or order to active duty) in the Armed Forces in support of a contingency
operation. Some examples of
“qualifying exigency” are: when
a covered military member is deployed, attending military sponsored functions;
making appropriate financial and legal arrangements, arranging for alternative
childcare. The covered military
member refers to a member of the National Guard or Reserves who is under call or
ordered to active duty. This does
not include families of service members of the Regular Armed Forces.
The next section (“f”) identifies another reason/condition for using
Family Leave which is because the employee who is the spouse, son, daughter,
parent, or next of kin of a covered service member shall be entitled to a total
of 26 workweeks of leave during a 12 month period to care for the service
member; and that the leave described in this subsection f. shall only be
available during a single 12 month period. This
leave is referred to as “military caregiver leave” and can be requested by
the eligible employee if the service member has a serious injury or illness
resulting from his/her military duty.
14.16.5 There is new
language at the end of the section, which identifies that the leave under the
new section 14.16.2.f may be 26 weeks during a 12 month period, but the leave
under both new sections 14.16.2.e and 14.16.2.f cannot exceed a combined total
of 26 weeks during a 12 month period.
Article 17 – Pay During Temporary
Transfer
17.1
The section reference was changed from 11.9 to 11.8, which is the
promotion section that was renumbered.
Article 19 – Classification and
Classification Appeals
19.6
Last sentence is new language. “An
employee reclassified to a classification assigned to a lower minimum rate of
pay may have his/her salary reduced by up to 2.5% for each 7.5% between the
minimum rates of pay of the former classification and the new classification
with the resulting pay not being more than 5% above the maximum of that
classification during the current or next pay period.”
The 2.5% reduction is not new, and is simply taken from Section 19.11 and placed
in this section. The 7.5% between
the minimum rates of pay coincides with the demotion language in Section 11.9,
and we included language allowing the employee’s pay to be no more than 5%
above the maximum which is also outlined in Section 11.9.
19.11
The third sentence has a reference change, from “11.9” to “11.8”,
which is the renumbered promotion section. The
last sentence has the word “salary grade” removed and changed, and makes a
reference to Section 19.6 as far as what happens to the employee’s pay when an
employee is reclassified to a classification assigned to a lower minimum rate of
pay.
19.12
Changed the word “retiled” to “retitled”.
Article
25 – Miscellaneous
25.2
Changed the words “salary grade” to “pay range” in both
instances.
Appendix
A
The
formatting is different since we now have pay ranges and no longer have salary
grade numbers. Included within this
Appendix is the Class Title which is listed alphabetically by Bargaining Unit,
the Class Code, the over time status, and then the minimum rate and maximum rate
that is effective July 1, 2009; and the minimum rate and maximum rate that is
effective July 1, 2010.
