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FY2017-18 Agreement Between The International Brotherhood Of Electrical Workers, Local Union 1547 And The Kodiak Island Borough Jan. 1, 2017 through Dec. 31, 2019Contract #FY2017-18
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AGREEMENT
BETWEEN
KODIAK ISLAND BOROUGH
AND
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS
LOCAL UNION 1547
AFL-CIO
January 1, 2017 through December 31, 2019
Page 1
TABLE OF CONTENTS
ARTICLE1: RECOGNITION.................................................................................................................................5
1.1 RECOGNITION.................................................................................................................................................5
6.2 OVERTIME......................................................................................................................................................17
1.2 MEMBERS OF BARGAINING UNIT...............................................................................................................5
6.3 TEN HOUR WORKDAY ................................................................................................................................18
ARTICLE 2: MANAGEMENT RIGHTS................................................................................................................7
6.4 ON-CALL TIME..............................................................................................................................................18
2.1 MANAGEMENT RIGHTS................................................................................................................................7
6.5 OFF DUTY/CALL OUT PAY..........................................................................................................................18
2.2 SUBCONTRACTING AND CONSULTANTS.................................................................................................7
6.6 REST PERIODS...............................................................................................................................................19
ARTICLE 3: DESIGNATION OF EMPLOYEES..................................................................................................7
3.1 DESIGNATION OF EMPLOYEES...................................................................................................................7
ARTICLE 4: HIRING AND ADVANCEMENT.....................................................................................................8
4.1 JOB VACANCIES.............................................................................................................................................8
4.2 TEMPORARY POSITIONS..............................................................................................................................8
4.3 JOB POSTING...................................................................................................................................................8
4.4 JOB ANNOUNCEMENTS AND PUBLICITY..................................................................................................8
4.5 QUALIFICATIONS FOR APPOINTMENT......................................................................................................8
4.6 SELECTION PROCESS....................................................................................................................................9
4.7 JOB ORIENTATION.........................................................................................................................................9
4.8 ENTRANCE WAGE RATE...............................................................................................................................9
4.9 STEP INCREASES............................................................................................................................................9
4.10 LONGEVITY PAY........................................................................................................................................10
4.11 SHIFT DIFFERENTIAL................................................................................................................................11
4.12 TEMPORARY ASSIGNMENTS...................................................................................................................11
4.13 EMPLOYEE TRANSFERS............................................................................................................................12
4.14 PROBATIONARY PERIOD..........................................................................................................................12
4.15 EVALUATION..............................................................................................................................................13
4.16 PROMOTION................................................................................................................................................13
4.17 DEMOTION...................................................................................................................................................14
ARTICLE 5: SEPARATIONS ........... _...................................................................................................................14
5.1 RESIGNATIONS..................................................
5.2 LAYOFFS............................................................
5.3 TERMINATION ..................................................
5.4 DISMISSAL NOTICE AND SEVERANCE PAY
ARTICLE 6: WORK SCHEDULE & OVERTIME
6.1 HOURS OF WORK..........................................................................................................................................17
7.1 COMPENSATION...........................................................................................................................................19
6.2 OVERTIME......................................................................................................................................................17
ARTICLE8: LEAVE...............................................................................................................................................20
6.3 TEN HOUR WORKDAY ................................................................................................................................18
8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) ....................................................20
6.4 ON-CALL TIME..............................................................................................................................................18
8.2 ANNUAL LEAVE -GENERAL .....................................................................................................................20
6.5 OFF DUTY/CALL OUT PAY..........................................................................................................................18
8.3 CASH -IN OF ANNUAL LEAVE.....................................................................................................................21
6.6 REST PERIODS...............................................................................................................................................19
6.7 STAGGERED LUNCH PERIODS...................................................................................................................19
6.8 FLEXIBLE SCHEDULING OF WORK HOURS............................................................................................19
ARTICLE 7: COMPENSATION..................................................................................................._.......................19
7.1 COMPENSATION...........................................................................................................................................19
ARTICLE8: LEAVE...............................................................................................................................................20
8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) ....................................................20
8.2 ANNUAL LEAVE -GENERAL .....................................................................................................................20
8.3 CASH -IN OF ANNUAL LEAVE.....................................................................................................................21
Page 2
8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION..........................................................................21
8.5 MANDATORY LEAVE..................................................................................................................................21
37
8.6 DONATION OF LEAVE.................................................................................................................................22
8.7 SICK LEAVE...................................................................................................................................................22
8.8 FAMILY/MEDICAL LEAVE..........................................................................................................................22
8.9 LEAVE-WITHOUT-PAY................................................................................................................................25
8.10 EDUCATIONAL LEAVE-WITHOUT-PAY.................................................................................................25
8.11 HOLIDAY LEAVE........................................................................................................................................25
8.12 BEREAVEMENT LEAVE.............................................................................................................................26
8.13 WORKERS'COMPENSATIONLEAVE......................................................................................................27
8.14 COURT DUTY...............................................................................................................................................27
8.15 MILITARY LEAVE.......................................................................................................................................28
8.16 UNAUTHORIZED LEAVE...........................................................................................................................28
8.17 SICK LEAVE BANK.....................................................................................................................................28
ARTICLE 9: SENIORITY......................................................................................................................................30
9.1 SENIORITY
.......................................................3 0
ARTICLE 10: DISCIPLINE».................................................................................................................................30
10.1 DISCIPLINE..................................................................................................................................................30
ARTICLE II: TRAINING................................................................................................................._...................31
11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES...........................................................................31
11.2 TUITION REFUNDS.....................................................................................................................................32
37
11.3 TUITION AGREEMENT...............................................................................................................................32
11.4 SPECIAL TRAINING....................................................................................................................................33
11.5 SPECIAL TRAINING AGREEMENT...........................................................................................................33
11.6 TRAINING.....................................................................................................................................................34
ARTICLE 12: BENEFITS.......................................................................................................................................34
12.1 HEALTH AND WELFARE BENEFITS........................................................................................................34
12.2 RETIREMENT...............................................................................................................................................36
12.3 JOINT HEALTH CARE COMMITTEE.........................................................................................................36
ARTICLE 13: EMPLOYMENT PRACTICES ..... _.._....... .................................................................................. 36
13.1 PERSONNEL RECORDS..............................................................................................................................36
13.2 PAYROLL PROCEDURES ................................ _.........................................................................................
37
13.3 TIMESHEETS...............................................................................................................................................38
13.4 PAYCHECK ERRORS..................................................................................................................................38
13.5 MOVING EXPENSES FORNEW EMPLOYEES .........................................................................................38
13.6 TRANSPORTATION AGREEMENT...........................................................................................................39
13.7 CLOTHING ALLOWANCE..........................................................................................................................40
13.8 BOROUGH VEHICLES................................................................................................................................40
13.9 PRIVATE AUTOMOBILE USAGE..............................................................................................................40
13.10 GIFTS AND GRATUITIES..........................................................................................................................40
13.11 PROFESSIONAL ORGANIZATION DUES...............................................................................................41
13.12 EMPLOYMENT OF FAMILY MEMBERS................................................................................................41
13.13 OTHER EMPLOYMENT............................................................................................................................41
13.14 TRAVEL......................................................................................................................................................42
13.15 STRANDED WHILE ON BOROUGH TRAVEL........................................................................................42
13.16 SAFETY.......................................................................................................................................................43
13.17 SAFETY COMMITTEE...............................................................................................................................43
13.18 PROHIBITION OF SMOKING...................................................................................................................43
13.19 DRUG-FREE WORKPLACE......................................................................................................................43
13.20 POLITICAL ACTIVITIES ...........................................................................................................................44
Page 3
ARTICLE 14: NO STRIKE -NO LOCKOUT........................................................................._..........................44
14.1 NO STRIKE,SLOWDOWNS, OR LOCKOUTS...........................................................................................44
ARTICLE 15: GRIEVANCE PROCEDURE.....................................................................................».................44
15.1 GRIEVANCE PROCEDURE.........................................................................................................................44
ARTICLE 16: UNION REPRESENTATIVES.......................................................................................................46
16.1 UNION REPRESENTATIVES......................................................................................................................46
16.2 SHOP STEWARD..........................................................................................................................................46
ARTICLE 17: UNION SECURITY ................................................... ........... _........................................................ 47
17.1 UNION SECURITY.......................................................................................................................................47
17.2 DUES DEDUCTION......................................................................................................................................47
17.3 GOOD STANDING WITH UNION...............................................................................................................47
17.4 POSTING OF AGREEMENT........................................................................................................................48
17.5 BULLETIN BOARDS....................................................................................................................................48
17.6 UNION ACTIVITIES.....................................................................................................................................48
ARTICLE 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY..................................48
18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY......................................................48
ARTICLE 19: GENERAL PROVISIONS .............................................................................................................48
19.1 EFFECT OF AGREEMENT...........................................................................................................................48
19.2 SUCCESSORS AND ASSIGNS....................................................................................................................49
19.3 PRODUCTIVITY...........................................................................................................................................49
19.4 NEGOTIATIONS PROCEDURE..................................................................................................................49
19.5 SCOPE OF AGREEMENT.............................................................................................................................50
19.6 NOTICES.......................................................................................................................................................50
19.7 COMPILATION OF AGREEMENT..............................................................................................................51
19.8 IMPASSE PROCEDURE..............................................................................................................
r................51
19.9 MEET AND CONFER...................................................................................................................................52
ARTICLE 20: TERM OF AGREEMENT.............................................................................................................53
20.1 TERM OF AGREEMENT..............................................................................................................................53
20.2 AMENDMENT OF AGREEMENT...............................................................................................................53
ARTICLE 21: LABOR-MANAGEMENT COMMITTEE...................................................................................53
APPENDIX A - CLASS TITLES AND PAY RANGES
SALARY SCHEDULES (2017, 2018, 2019)
Page 4
PREAMBLE
This Agreement is made and entered into by and between Kodiak Island Borough
hereinafter referred to as the "Employer" or 'Borough" and Local Union 1547 of the
International Brotherhood of Electrical Workers, AFL-CIO hereinafter referred to as
"Union" or "IBEW". The purpose of this Agreement is to set forth the understanding
reached between the parties with respect to wages, hours of work, and other terms and
conditions of employment.
The Borough and the IBEW have a common and sympathetic interest in the Kodiak
Island Borough. Therefore a working system and harmonious relations are necessary to
improve the relationship between the Borough, the IBEW, and the public. Progress in
service to the Public demands a mutuality of confidence between the Borough and the
IBEW. All will benefit by the continuous peace and by adjusting any difference by
rational, common sense methods as outlined by the procedures set forth herein.
The following is agreed to in good faith by the parties and shall remain in effect until
changed as outlined herein or altered by future negotiations.
PURPOSE OF AGREEMENT
The purposes of this agreement are to set forth the negotiated wages, hours and other
terms and conditions of employment for IBEW represented employees, to promote the
settlement of Union disagreements by conference, to provide for the resolution of
unsettled grievances by binding arbitration, to prevent strikes and lockouts and to
encourage a spirit of helpful cooperation between the Borough and its employees and
the Union to their mutual benefit and the benefit of the general public.
Article 1: RECOGNITION
1.1 RECOGNITION
The Employer recognizes the Union as the sole and exclusive representative for those
employees employed by the Employer as set forth in this Agreement.
1.2 MEMBERS OF BARGAINING UNIT
The bargaining unit is comprised of the following positions:
Page 5
Assessing
Appraiser Technician
Assessment Clerk I & II
Property Appraiser
Property Appraiser Lead
Community Development
Assistant Planner
Associate Planner/ENF
Associate Planner/LRP
Drafting Technician
Secretary I, II and III
GIS Analyst
Code Enforcement Officer
Engineering & Facilities
Solid Waste Manager/Env. Specialist
Project Manager
Maintenance Engineer
Baler Operator I & II
Carpenter/Project Manager
Maintenance Mechanic
Projects Assistant
Secretary I, II, and III
Solid Waste Baler/Landfill Supervisor
Interpretive Specialist/Receptionist
Treatment Plant Operator Lead
Treatment Plant Operator
Treatment Plant Operator Trainee
Landfill Attendant
Finance
Local Administrator—Childcare Asst. Prog.
Accounting Clerk
Accounting Technician/AP
Accounting Technician/Payroll
Cashier
General Accountant
Revenue Accountant
Secretary I, II and III
Manager's Office
Resource Management Officer
Secretary I, II and III
Mental Health Center
Cashier — Mental Health
Secretary I, II, and III
Case Manager
Family Teacher
Job Coach
Juvenile Holdover Attendant
Behavioral Specialist
Behavioral Aide
Management Information Systems
IT Supervisor
Operations Supervisor
PC Technician I &II
Programmer
Programmer/Analyst
Senior Systems Analyst
System Operator I & II
Excluded from the unit are elected officials, the Borough attorney, Borough Clerk,
Deputy Clerk, Assistant Clerk, Records Manager, Engineering & Facilities Director,
Environmental Engineer, Maintenance Coordinator, Construction Inspector/Architect,
Construction Inspector/Engineer, Project Manager/Inspector, Community Development
Director, Human Resources Director, Human Resources Assistant, Human Resources
Officer/Executive Assistant, Administrative Assistant to the Manager, Grant
Writer/Special Projects Support, Assessor, Finance Director, Director of Information
Systems, Mental Health Center (MHC) Director, MHC Clinical Program Director, MHC
Clinicians, MHC Operations Manager, MHC Community Support Program Director,
MHC Staff Assistant (CSP), Fire Chief, and Assistant Fire Chief.
Page 6
Article 2: MANAGEMENT RIGHTS
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Subject to the specific provisions of this Agreement, it is the right of the Borough to
determine the standards of service to be offered by its administration; determine the
standards of selection for employment, direct its employees in an efficient manner; take
reasonable disciplinary action for reasonable cause; maintain the efficiency of Borough
operations, determine the methods and means by which government operations are to
be conducted, to formulate reasonable work rules which are applied in a fair and
consistent manner; and to exercise control and discretion over its organization.
2.2 SUBCONTRACTING AND CONSULTANTS
The Union recognizes that the Borough has the right to contract, subcontract, or utilize
consultants. The right to contract, subcontract or the utilization of consultants shall not
be used for the purpose of undermining the Union or to discriminate against any of its
members. The Borough further agrees that it will not use personal services contracts to
replace employees when vacancies occur in positions filled by regular employees
covered by this Agreement.
Article 3: DESIGNATION OF EMPLOYEES
Regular Employee: A regular employee is an employee who has successfully
completed his/her probationary period in a position that is part of the regular
complement needed for performing Borough services as determined by the Borough
Assembly.
Regular Full -Time Employee: A regular full-time employee is one who is employed to
work a regular schedule of established weekly hours. The minimum established weekly
hours shall be at least thirty (30) hours a week.
Regular Part -Time Employee: A regular part-time employee is one who is employed
to work a regular schedule with established weekly hours totaling less than thirty (30)
hours a week.
Temporary Employee: A temporary employee is one who is employed to augment the
workforce whenever the workload temporarily requires additional help, or in the event of
an emergency or unanticipated situation for a period not to exceed six (6) months.
Temporary employees shall not accrue fringe benefits under this agreement. If a
temporary employee is extended beyond six (6) months, he/she shall accrue sick leave,
vacation and seniority from the date of hire the same as a regular employee. Temporary
employees who work beyond six (6) consecutive calendar months will also become
Page 7
eligible for holiday leave. Temporary employees shall not be employed for more than
twelve (12) consecutive calendar months, unless an extension is mutually agreed upon
by both parties.
Article 4: HIRING AND ADVANCEMENT
4.1 JOB VACANCIES
Notices of position vacancies shall be publicized first to all regular Borough employees
for three (3) working days on the employee bulletin boards. The Union will be notified of
the vacancy during this three (3) day period. Notices of the vacancy will also be copied
to each department. If a qualified candidate is not selected from the in-house applicants
at the end of the three (3) days, the position will then be advertised outside for at least
ten (10) working days. The Union may provide referrals of applicants during this outside
advertising time period.
4.2 TEMPORARY POSITIONS
Temporary positions (positions lasting up to 6 months) may be advertised both in-house
and outside according to the above timelines, however, if immediate assistance is
needed, temporary positions can be filled immediately.
4.3 JOB POSTING
Any position covered by this Agreement which has been vacated or any position that
has been created shall be posted within the Borough. The posting shall state the details
and qualifications applicable to the position. Posting will be on Borough bulletin boards
for a minimum of three (3) working days. Any regular employee may, within three (3)
working days from the date of job posting, present in writing to the personnel
department his/her application. Such application will include all data required by the
posting.
4.4 JOB ANNOUNCEMENTS AND PUBLICITY
In order to attract candidates for vacancies, the Borough Manager will issue job
announcements, which will be posted on the Borough bulletin boards and through the
media including but not limited to the local newspaper. Job announcements shall be
clear and readable. They shall include job title, salary range, job qualification
requirements, and examination information (including the time, place and manner of
completing applications and other pertinent information).
4.5 QUALIFICATIONS FOR APPOINTMENT
Employees shall meet the requirements for the respective positions as spelled out in the
job descriptions. The final determination of whether or not the applicant meets the
requirements of a respective position shall be made by the Manager or his designee. If
Page 8
two candidates are equally qualified for a position in the judgment of the supervisor,
seniority will prevail. Preference will be given first to Kodiak residents, then to Alaska
residents and then to outside applicants. No preference shall be given in the
employment of personnel to persons who are related to any employee of the Borough.
The hiring of any relatives of Assembly members and the Borough Manager is
prohibited.
4.6 SELECTION PROCESS
The applicable supervisor assisted by the Human Resources Officer and a Shop
Steward will evaluate all in-house applications on a numerical basis on a form (drawn
from the position description) and provided by the personnel office. Based on this
evaluation, when two (2) or more candidates are selected for interviews, interviews will
be conducted by the supervisor with the Human Resources Officer and the Shop
Steward in attendance. The oral interview will be conducted with a numerical evaluation
on a second form (drawn from the position description) and provided by the personnel
office. In addition, a written examination or demonstration may be required if
appropriate. Interviews of candidates that are not current Borough employees shall
meet all requirements of the position applied for. However, the Shop Steward will not
participate in interviews of candidates that are not currently employed by the Kodiak
Island Borough. Upon completion of all interviews, the supervisor will make a final
selection.
4.7 JOB ORIENTATION
The Kodiak Island Borough will provide job orientation to each new employee. The
content of the orientation shall be determined by the Manager. Any IBEW information
provided to the Manager will be included in the information packet. A fifteen (15) minute
orientation may be provided by the IBEW Shop Steward after the Borough orientation is
completed. The time for this orientation will be coordinated with the Shop Steward's
department head and the Human Resources Officer. Any Union follow-up questions and
discussion will be considered a union activity.
4.8 ENTRANCE WAGE RATE
The start pay rate for the applicable job classification will be the minimum rate of pay for
new employees. The department head, subject to manager approval, may place a new
employee above the start rate, when such placement is a result of the new employee's
directly applicable work experience and credentials. Assembly approval is required for
any placement above Step C.
4.9 STEP INCREASES
All new regular employees after serving a six-month probationary period of overall
satisfactory performance, as indicated on the Kodiak Island Borough Performance
Evaluation Report form, shall receive a step increase.
Page 9
Each employee is eligible, if overall performance is satisfactory, for an annual step
increase on each anniversary date when 1560 hours or more of work have been
accumulated. Step increases occur in the manner above in accordance with the
respective wage schedule for each position as set forth in Appendix A.
In the event the department head determines by the evaluation that an employee has
not satisfactorily performed the job, the department head may suspend the employee's
step increase for a period of time during which certain specific improvements must be
made. Notice of such step increase deferral and the reasons for it shall be given to the
employee in writing with a copy to the Borough Manager. When the department head
has determined that the employee has achieved satisfactory improvement, the
suspended step increase may be approved at any time during the extended period.
The suspended step increase will not be retroactive to the employee's anniversary date.
When an employee has received a deferred step increase, he/she will be eligible for
future annual increases one calendar year from the date of his/her last step increase,
provided that during each such calendar year, the employee has completed 1560
compensable hours of service.
Special Merit Increases:
A Special Merit Increase (equivalent to one step) shall be granted to an employee for
outstanding performance, when justified in writing by the department head and subject
to the approval of the Borough Manager. This increase is in addition to normal step
increases and does not affect the anniversary date. Department heads may recommend
employees for special merit increases in recognition of:
A. Outstanding service
B. Special acts of accomplishment
C. Significant achievements in additional and job-related education or specialized
training (outside normal working hours and other than required by the Borough)
which enabled the individual to do his/her work more effectively and from which
the Borough tends to benefit.
4.10 LONGEVITY PAY
A regular full-time employee shall receive an additional monetary benefit based on the
length of employment with the Borough. Any break in employment longer than thirty (30)
calendar days will advance the eligibility date by the number of days in excess of 30.
Time served as a temporary employee shall not be included.
The following amounts shall be granted employees employed after July 7, 1983 in
addition to their current pay rate excluding overtime.
Page 10
A. Ten (10) years of total service, an additional five (5) percent of dollar value of
employee's current pay rate.
B. Fifteen (15) years of total service, an additional five (5) percent of dollar value of
employee's current pay rate.
The following amounts shall be granted employees employed after October 1, 1994:
A. Fifteen (15) years of total service — five (5) percent of dollar value of employee's
current pay rate.
4.11 SHIFT DIFFERENTIAL
An employee who is assigned to a swing shift (defined as any eight (8) consecutive
hours, excluding lunch, beginning between 4:00 p.m. to midnight) shall receive four (4)
percent premium pay in addition to his/her regular salary for the period served on swing
shift for any day worked as a swing shift. An employee who is assigned to a graveyard
shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent
premium pay in addition to his/her regular salary for the period served on graveyard
shift for any day worked as a graveyard shift.
If an employee is assigned to work a swing shift or graveyard shift on a regular basis,
then sick leave, holiday pay, and annual leave will be paid at the relevant differential
percentage. If an employee sporadically works a swing shift as well as normal shifts,
then sick leave and annual leave will be paid at the employee's regular salary.
An employee shall not be required to begin any shift change without a minimum of an
eight (8) hour break between the end of their regular shift and the beginning of their new
shift. The employee shall be notified of this shift change at least twenty-four (24) hours
prior to the beginning of said shift or be paid the applicable overtime rate for all hours
worked on the first day of the new shift.
4.12 TEMPORARY ASSIGNMENTS
At the discretion of the Manager, an employee may be temporarily assigned to some or
all of the duties created by a bargaining unit or non -bargaining unit employee who is
temporarily absent from their position. The temporary higher rate of pay shall be at Step
A of the salary range of the temporarily -absent employee; provided that if the
reassigned employee's pay rate is already higher than or at the same rate as Step A of
the position to be filled temporarily, the reassigned employee shall be paid at the next
higher step (that is, 2.5%) above his/her rate of pay at the time the reassignment
commenced. If this re -assignment is made for more than ten (10) consecutive working
days, the employee shall be compensated at the higher rate of pay.
Page 11
a. Temporary assignments will not be utilized to avoid filling a vacancy or newly
created position. Temporary assignments are for short-term periods, not to
exceed six (6) months.
b. In the case where a bargaining unit employee is temporarily assigned to a non -
bargaining unit position, the employee will still be considered a non-exempt
employee and shall be paid for any applicable overtime at the higher rate of pay
while in that position.
c. If an employee is assigned to work in a higher bargaining unit or non -bargaining
unit classification for a period of more than thirty (30) calendar days, the
employee will be compensated at the higher rate for holidays and annual leave
taken while in the higher classification.
4.13 EMPLOYEE TRANSFERS
In keeping with Borough policy to promote within the ranks of Borough employees,
applications from bargaining unit Borough employees will be received during the three
(3) day in-house position posting and qualified candidates will be interviewed. The
Employer may elect to offer the position to a bargaining unit employee if they are
qualified or if the bargaining unit employee could be qualified with minimal training or
experience in a reasonable amount of time. Such bargaining unit employee may be
awarded the position for a sixty (60) day trial period. The Employer may, where
appropriate, extend the sixty (60) day trial period. If the employee, after receiving
training, is unable to satisfactorily perform in the new position, the employee may return
to the previously held position without loss of seniority, and with no recourse to the
grievance/arbitration procedure. The employee may opt to return to the former position
within the sixty (60) day trial period. In this event, the rate of pay and anniversary date
shall return to be the same as before the transfer.
When an employee transfers from one position to another having a lower pay range, the
rate of pay shall remain the same unless it exceeds the maximum step in the new
range. If the current rate of pay exceeds the maximum step in the new range, the rate of
pay will be the maximum step in the new range. If the employee's current rate of pay
falls within the range of the lower pay range, the pay shall remain the same and will be
placed on the proper step of the new lower pay range. The employee's anniversary date
shall change to the effective date of the transfer.
4.14 PROBATIONARY PERIOD
All new regular employees shall serve a six (6) month probationary period. Any
employee terminated under this provision shall have no recourse to the grievance
procedure. All benefits and seniority credits shall accrue during the probationary period.
Time served as a temporary employee shall count towards the probationary period if the
employee is subsequently hired into the same position as a regular employee, provided
there has been no break in service greater than 60 days.
Page 12
4.15 EVALUATION
The Borough, IBEW and employees endorse written evaluation of all employees by
supervisors for the purpose of evaluating the employee's strengths and weaknesses in
their job performance. The written evaluation shall include a rating and comment on
each of the position duties described in the job description and the completion of the
Kodiak Island Borough Performance Evaluation Report. The overall rating on the form
shall be determined by the rater as the best judgment of the overall performance of the
individual. This rating is not a numerical average of the individual factors.
Each employee shall be evaluated at least once per year a minimum of thirty (30) days
prior to their anniversary date. If an employee's evaluation is not timely prepared, the
employee's performance shall be considered satisfactory.
In the event an employee receives an unsatisfactory rating in any category of their
evaluation, a personal conference will be held with the employee by appropriate
supervisor, in which his/her problems and suggestions for eliminating these problems
are discussed. A written plan of improvement shall be implemented addressing the
specific areas that resulted in the unsatisfactory evaluation. Detailed written records of
all such conferences will be maintained. The supervisor shall re-evaluate the employee
in writing when the improvements have been made but in no event later than sixty (60)
calendar days following the unsatisfactory rating. A supervisor who has given his/her
notice of termination of employment shall be required to provide current evaluations,
prior to termination, on all employees not evaluated within the last six (6) months.
4.16 PROMOTION
All other things being equal, it shall be the policy of the Kodiak Island Borough to
promote from within the ranks of the Borough employees who meet the prescribed
minimum qualifications for the position as determined by the Borough. Open positions
for promotional consideration shall be posted in the manner as referenced in Section
4.3. At the end of three (3) working days, the department head may select a
candidate(s). If two applicants are equally qualified, the Borough will select the most
senior. When an employee is promoted from one position to another having a higher
pay range, the employee shall receive an increase of one pay step (2'/2%), or the
minimum rate of the higher pay range, whichever is greater. If the employee's current
rate of pay falls within the range of the higher pay range, the pay shall be adjusted to
the next higher pay step in the new position's range in order to be equal to a one step
increase above the current pay rate. The employee's anniversary date shall change to
the effective date of promotion.
Any employee who is promoted shall be given a reasonable period, not to exceed ninety
(90) calendar days, to become acquainted with the job and to demonstrate ability to fill
the job satisfactorily. If during the evaluation period the employee demonstrates
unsatisfactory ability for the job, the employee shall be returned to the employee's
Page 13
former job without loss of seniority and with no recourse to the grievance/arbitration
procedure. The employee may opt to return to the former position within the ninety (90)
calendar days.
4.17 DEMOTION
An employee may be demoted for any of the following reasons:
A. Inability to perform duties adequately.
B. Layoff because of lack of work or funds. When employees are laid off, they may
apply for any available position for which they are qualified.
When an employee is demoted from one position to another having a lower pay range,
the rate of pay shall remain the same unless it exceeds the maximum step in the new
range. If the current rate of pay exceeds the maximum step in the new range, the rate of
pay will be the maximum step in the new range. If the employee's current rate of pay
falls within the range of the lower pay range, the pay shall remain the same and will be
placed on the proper step of the new lower pay range. The employee's anniversary date
shall change to the effective date of the demotion.
A demoted employee shall receive a written performance evaluation after six (6) months
of service in the new position. No step increase will be available until the first
anniversary evaluation is completed for the new position.
RiiC4L-T9l1ll" T -1U + IR
5.1 RESIGNATIONS
To resign in good standing, an employee must give written notice to his/her department
head at least fourteen (14) calendar days before the termination date, except for those
positions that require a thirty (30) calendar day notice of termination. This requirement
may be waived by department heads when adequate provisions can be made in a
shorter period of time, or extenuating circumstances exist. The department head shall
furnish a copy of the resignation (recognized by the signature of the department head)
to the Borough Manager's Office, the employee for his records, and to the employee's
personnel file. The resignation shall include the reason for leaving Borough service.
Failure to comply with the aforementioned requirements may be cause for rejection of
rehire. Upon approval of the appointing authority, an employee may withdraw his/her
resignation prior to the termination date so long as a commitment has not been made to
fill the position.
5.2 LAYOFFS
The Manager is authorized to lay off employees if
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A. The position has been abolished.
B. There are insufficient funds.
C. There is not sufficient work available to warrant the continuation of employment.
If a layoff is pending, the Manager shall provide the employee a written notice indicating
layoff at least four (4) weeks in advance of the layoff.
If for any of the above reasons, an employee has a loss of employment with the
Borough, the Manager will make every effort to place the employee in another available
job vacancy within the Borough for which he/she is qualified.
Whenever possible, layoff will be accomplished through normal attrition. Further the
Borough may attempt to lessen the impact and extent of a layoff through transfers,
encouragement of unpaid leaves, early retirement or by any other means deemed
appropriate by the Manager and the Assembly. Should a layoff be determined
necessary by the Borough for any reason, the following procedure will apply:
When layoff occurs due to lack of work, such layoff shall be by job classification and the
least senior employee shall be subject to layoff. Such employee shall have the right to
displace another employee only in accordance with the following conditions:
A) The employee subject to layoff must have more seniority than the employee to
be displaced.
B) The employee subject to layoff must meet the qualifications set forth in the
classification job description.
C) The displaced employee must be the least senior employee in a job
classification.
D) Any employee using this procedure must serve a probationary period. If the
employee is not performing satisfactorily in the position, he/she will be disciplined
according to the disciplinary procedure in this agreement. Annual leave may be
used during this probationary period. However, the probationary period will be
extended by the amount of annual leave taken.
KIB will notify the stewards of all bargaining unit vacancies for a period of one (1) year
after the former employee has been laid off, so that the stewards may contact the
former employees who were terminated from employment for other than cause or
resignation in order that they may apply for the position. KIB will notify the stewards in
advance prior to undertaking a recruitment as specified in Section 4.3 Job Posting. KIB
will consider the former employee in the same manner as current employees in Section
4.3, meaning the laid -off employee's original hire date with the Borough as a bargaining
unit employee will be utilized as a seniority date, if it becomes necessary, as referenced
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in Section 4.5 Qualifications for Appointment. If an employee is found qualified for a
position not previously held, the employee will be subject to a trial period as defined in
Section 4.13 Employee Transfers.
5.3 TERMINATION
The Manager is authorized to terminate employment of personnel for cause.
Termination here is defined as a termination of employment for reasons of
unsatisfactory performance of duties.
Following are reasons which constitute grounds for termination of an employee of the
Kodiak Island Borough. The samples provided are not to be interpreted as inclusive.
No regular employee will be terminated for any of the following basic reasons unless a
recent evaluation has pointed out the deficiency and reasonable time allowed, and
appropriate assistance provided to affect a remedy.
A. Incompetence
B. Unsatisfactory Performance of Duties
C. Unexcused Absenteeism
The following reasons are cause for immediate termination:
A. Substance Abuse on the Job
B. Dishonesty
C. Gross Disobedience
D. Abandonment of Duties
All notices of termination will be in writing, with proper notice to the individual and the
reasons for termination will be clearly stated.
This section does not apply to a probationary employee as described in Section 4.14,
nor does this section restrict or limit the authority of the Borough to terminate a
probationary employee.
5.4 DISMISSAL NOTICE AND SEVERANCE PAY
Employees subject to force reduction layoff or dismissed without prejudice shall be
given four (4) weeks' notice and severance pay as follows:
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I - 5 years employment
10 working days
5 - 10 years employment
15 working days
10 - 20 years employment
20 working days
20 + years employment
25 working days
Article 6: WORK SCHEDULE & OVERTIME
6.1 HOURS OF WORK
Regular working hours of Borough employees shall consist of a five (5) day week, eight
consecutive working hours a day, 40 hours a week. Normal working hours will be from
8:00 a.m. to 5:00 p.m. and will include one hour for lunch between the hours of 11:00
a.m. and 2:00 p.m. The standard workweek shall consist of the period from Sunday to
Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard
workday shall consist of the period from 12:01 a.m. to midnight. Different schedules to
meet department operating needs shall be established and altered by department
heads with approval of the Borough Manager. Temporary shifting of employees' working
hours to meet routine needs shall be done as necessary and approved by the
department head.
6.2 OVERTIME
Employees not serving in executive, administrative or professional positions, as defined
by the Fair Labor Standards Act (FLSA) and defined as exempt positions in the Kodiak
Island Borough code, are eligible to receive overtime compensation. Overtime
entitlements shall be earned in accordance with the FLSA unless otherwise provided in
the Agreement.
Overtime shall be scheduled as fairly and equally as practicable among employees,
based first on qualifications to perform work and secondly on seniority. All overtime
must be authorized by the applicable department head prior to its performance.
When an employee is assigned to eight (8) hour workdays, all authorized overtime shall
be compensated at one and one-half (1.5) times the employee's applicable rate of pay
for all time worked in excess of eight (8) hours in a workday. Overtime will be calculated
on one-quarter (0.25) hour intervals. Any quarter of an hour (fifteen (15) minutes) or
portion thereof worked, should be reported on the time card as one-quarter (0.25) hour
and paid accordingly (e.g. fifteen (15) minutes is reported as one-quarter (0.25) hour
and sixteen (16) minutes is reported as one-half (0.5 hour).
When an employee is assigned to ten (10) hour workdays, all authorized overtime shall
be compensated at one and one-half (1.5) times the employee's applicable rate of pay
for all time worked in excess of ten (10) hours in a workday.
All time worked in excess of forty (40) hours in a work week, shall be compensated at
one and one-half (1.5) times the employee's applicable rate of pay.
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The work week shall be considered to be the period from 12:01 a.m. Sunday to the
following midnight Saturday.
Overtime on Holidays: Overtime hours worked on a recognized Borough holiday shall
be paid at double time for all hours worked in addition to the regular holiday pay.
Employees will be notified by their normal quitting time of the preceding day of any
scheduled overtime work.
6.3 TEN HOUR WORKDAY
By mutual agreement of the department head and the employee involved, a four (4) day
workweek may be established consisting of four (4) ten-hour shifts at the employee's
straight time rate of pay. The employee may opt out of this work schedule by giving a
thirty (30) calendar days notice to the department head. This decision may require all
employees involved to revert to a five (5) day workweek in order to properly staff the
office to deal with the public. All employees who are working a four (4) day workweek
shall revert to a five (5) day work week during any week requiring an eight hour day (i.e.
training) or in which a holiday listed in this Agreement is scheduled. However, an
employee may request, subject to approval of his/her supervisor, to take two (2) hours
annual leave for any scheduled eight-hour workday or holiday listed in this Agreement
(to balance out the remainder of the workday) and therefore remain on the four (4) day
workweek schedule, provided the business needs of the Borough and the public are
met.
Monday (training or holiday) 8 hrs + 2 hrs leave = 10 hrs
Tuesday 10 hrs Wednesday 10 hrs Thursday 10 hrs
6.4 ON-CALL TIME
Hourly employees who are required to be on-call shall receive $100 a week
compensation for carrying and monitoring a beeper. In the event that an hourly
employee is called in to work to respond to a beeper call, the employee will receive time
and one-half compensation for any and all hours worked over 8 in a day and over 40 in
a week.
6.5 OFF DUTY/CALL OUT PAY
When an off duty employee is required to report for duty, the employee shall receive
overtime pay for all time worked portal to portal during such call out. Such employees
shall receive a minimum of one (1) hours pay or will be paid for actual time worked,
whichever is greater.
Page 18
6.6 REST PERIODS
A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon. Such
breaks must be staggered to keep all offices adequately staffed to deal with the public
at all times. Break schedules must be approved by the appropriate supervisor.
When working other than the normal shift, a fifteen (15) minute rest period shall be
allowed during any work period of at least four (4) hours duration.
6.7 STAGGERED LUNCH PERIODS
Lunch hours may be staggered to meet the needs of service. Lunch schedules must be
approved by the appropriate supervisor and shall be between the hours of 11:00 a.m.
and 2:00 p.m.
6.8 FLEXIBLE SCHEDULING OF WORK HOURS
Supervisors are permitted to put their employees on flexible schedules so long as
neither service to the public nor normal office hours are reduced, and so long as the
employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as
an employee benefit; therefore, only employees who volunteer in writing to his or her
supervisor for the flexible hours should be scheduled that way. Hours or work scheduled
outside the standard work week are to be avoided.
Flextime is the scheduling of an employee to work eight (8) hours a day between the
hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee's
supervisor and the Manager or his/her designee. Approval of flexible scheduling prior to
7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and
must be mutually acceptable to the Employer and the Union.
Article 7: COMPENSATION
7.1 COMPENSATION
Effective January 1, 2017, Kodiak Island Borough shall adjust the salary schedule in
Appendix A (1-1-16) by an increase of one percent (1.0%). The specific wage rates that
are the product of this adjustment are identified in "Appendix A (1-1-17)" attached
hereto and made a part hereof.
Effective January 1, 2018, Kodiak Island Borough shall adjust the salary schedule in
Appendix A (1-1-17) by an increase of one percent (1.0%). The specific wage rates that
are the product of this adjustment shall be identified in "Appendix A (1-1-18)" to be
attached hereto and made a part hereof.
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Effective January 1, 2019, Kodiak Island Borough shall adjust the salary schedule in
Appendix A (1-1-18) by an increase of one-half of one percent (0.5%). The specific
wage rates that are the product of this adjustment shall be identified in "Appendix A (1-
1-19)" to be attached hereto and made a part hereof.
Article 8: LEAVE
8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS)
Leave with pay shall accrue to all full-time regular employees at the following rates
based upon 26 annual pay periods of 80 hours per pay period.
Length of Service Annual Total
0 through 2 years 18 days
Over 2 years but 21 days
less than 5 years
Over 5 years but 24 days
less than 8 years
Over 8 years but 27 days
less than 10 years
10 years and over 30 days
For regular part-time employees working less than 30 hours a week and regular full-time
employees working 30+ hours but less than 40 hours a week, annual leave accrual will
be pro -rated based upon normally scheduled hours per pay period.
8.2 ANNUAL LEAVE —GENERAL
Annual leave may be used for vacations, personal business, and periods of illness.
Leave for periods of time not exceeding three (3) working days shall be scheduled at
least 24 hours in advance. Vacation leave exceeding three (3) working days shall be
requested at least two (2) weeks in advance. Vacation leave will be charged to annual
leave. If annual leave is insufficient, leave will be charged to leave without pay if
approved by the Manager.
Supervisors are responsible for permitting employees to utilize all leave earned in any
calendar year. Supervisors and employees must schedule such leave usage in advance
so as not to unduly conflict with or severely restrict the normal work requirements of
their respective department. In the event two employees submit leave requests on the
same day and for the same period of time, the most senior employee will be granted
his/her leave request if both employees cannot be spared, unless unusual
circumstances dictate otherwise.
Page 20
Probationary employees shall not be eligible to utilize annual leave during the
probationary period. Upon successful completion of the probationary period, the
employee will be credited with nine (9) days of accrued annual leave time. Employees
who do not complete the probationary period or who are not retained beyond the
probationary period shall not be credited and paid for their accrued leave for their period
of employment. Employees who, for good and sufficient cause, must be absent during
the probationary period shall be considered in a leave without pay status if approved by
the Manager. Any new employee hired between the first (1st) and the fifteenth (15th)
days of the month, inclusive, shall be considered to have worked the full month for leave
purposes, and any employee hired after the fifteenth (15th) day of the month shall be
credited with leave for half a month.
Leave can be accrued from year to year with a maximum accrual limit of seventy-five
(75) working days. Leave continues to accrue during the period of time an employee is
on paid leave. A recognized holiday occurring during an employee's leave period shall
not be counted as a day of leave.
8.3 CASH -IN OF ANNUAL LEAVE
An employee upon written request shall be permitted to cash in up to 80 hours of his/her
annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar
year. In the case of a serious event, an employee may cash out any accrued annual
leave in excess of 80 hours. Any cash -in of annual leave must be approved by the
Borough Manager. Examples of events may be, but are not limited to, replacement or
repairs to home systems such as roofs, heaters, foundation, plumbing and other
systems; damage to, or repair of automobiles; illness or injury to the employee or
immediate family member per FMLA; other unexpected events. Employee is aware that
justification to the Borough Manager regarding the emergency may be required.
8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Upon separation of a regular employee, accrued annual leave shall be compensated for
in a lump sum at the present earnings rate of the employee pursuant to AS
23.05.140(b), as that provision may be amended from time to time.
NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: "...If the
employment is terminated by the employer, regardless of the cause for the termination,
payment is due within three working days after the termination. If the employment is
terminated by the employee, payment is due at the next regular pay day that is at least
three days after the employer received notice of the employee's termination of services.
8.5 MANDATORY LEAVE
All employees must utilize a minimum of ten (10) days leave per annum. Excess annual
leave (over seventy-five (75) working days) will automatically be transferred into the sick
leave account at the end of the calendar year.
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8.6 DONATION OF LEAVE
Employees may donate hours of annual leave to a fellow employee who has suffered,
or is suffering, a serious personal emergency or disaster such as lingering or terminal
illness of the employee, or of a member of the employee's family, or the loss of home
and belongings due to fire or natural disaster. Leave donations must be requested in
writing and be approved by the Borough Manager. Donations will reflect as a reduction
in annual leave hours to the Donor and an increase of the same number of annual leave
hours to the Donee.
8.7 SICK LEAVE
Each full-time regular employee shall accrue sick leave from the date of employment at
the rate of fifteen (15) days per calendar year pro -rated by 26 pay periods of 80 hours
each regardless of length of service. For regular part-time employees working less than
30 hours a week and regular full-time employees working 30 + hours but less than 40
hours a week, sick leave accrual will be pro -rated based upon regularly scheduled
hours per pay period.
Sick leave is available for use by the employee or if the employee's dependent child (as
found in the "Definitions" portion of Section 8.8 Family/Medical Leave) or spouse is sick
and requires the physical presence of the employee in the interest of family welfare.
Employees not able to work due to illness shall notify their supervisor within two hours
of the scheduled reporting time. When sick leave exceeds three (3) consecutive work
days, a statement from a licensed health care practitioner may be required to
substantiate the leave taken. If sick leave is not sufficient to cover an absence due to
illness, leave shall be charged to annual leave, then to leave without pay
Accrued sick leave may be used during the probationary period. Excess annual leave
(over seventy-five (75) working days) will automatically be transferred into the sick leave
account at the end of every calendar year.
No cash payment will be made to an employee for unused sick leave when the
employee terminates from Borough Service.
8.8 FAMILY/MEDICAL LEAVE
An employee is entitled to the provisions of the Federal Family and Medical Leave Act
and the state law provisions of AS 39.20.500-550, as they may be amended from time
to time, and the following paragraphs shall apply unless in conflict with those provisions
of law. In compliance with the state and Federal Family and Medical Leave acts
(including any amendments) family leave (sick leave) may be utilized by eligible
employees for a serious health condition of the employee, their child, spouse or parent.
Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for
this purpose, with a maximum of eighteen (18) weeks allowed in any twelve (12) month
period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12)
Page 22
months would then have six (6) weeks remaining to take in the following twelve (12)
months).
The Family and Medical Leave Acts allow for family leave to be utilized by eligible
employees for pregnancy and birth of a child of the employee, or the placement of a
child, other than the employee's stepchild, with the employee for adoption. The right to
take leave for this reason expires on the date one year after the birth or placement of
the child. Up to eighteen (18) weeks within a twelve (12) month period maybe taken for
this purpose. The twelve (12) month period will be calculated from the day the employee
first utilizes family/medical leave.
Eligibility — Employees are eligible to use family leave for the purposes outlined above
if they have been employed at least thirty-five (35) hours a week for six (6) consecutive
months or seventeen and one-half (17.5) hours a week for twelve (12) consecutive
months immediately preceding the leave.
The following parental leave policy applies to those employees having worked ten (10)
months preceding parental leave:
Parental Leave: An employee who has been employed for not less than ten
(10) consecutive months is entitled to take a total of six (6) months leave of
absence immediately preceding and following the childbirth or adoption.
The employee requesting parental leave may receive cash payment in lieu of up
to ten (10) days accumulated annual leave. A request for this payment must be
made at least thirty (30) calendar days in advance. The employee who desires to
resume employment following parental leave shall submit a request for leave at
least thirty (30) calendar days prior to any parental leave, unless extenuating
medical circumstances prevent such notice. The employee shall be reinstated
with no loss of time in service.
All family/medical leave will first be charged to sick leave, then to annual leave and then
to leave without pay. Employees may choose to retain a balance of five (5) days paid
leave before switching to leave without pay. Leave without pay provisions as outlined in
this document will apply.
Employee Notice — If the necessity for leave is foreseeable based on an expected birth
or adoption or planned medical treatment or supervision, the employee shall provide the
Borough with at least thirty (30) calendar days notice prior to the expected need for
leave wherever possible. Where thirty (30) calendar days notice is not possible, the
employee is required to provide such notice as is practicable. The employee shall also
make a reasonable effort to schedule treatment or supervision so as not to disrupt
unduly the operations of the Borough, subject to the approval of the employee's health
care provider.
Page 23
Group Health Coverage — During the time that an employee is on leave under the Act,
the Borough will maintain coverage under the group health plan at the level and under
the conditions that coverage would have been provided if the employee had been
employed continuously from the date the leave began to the date the employee returns
from leave. Employees who pay premiums for health insurance coverage by paycheck
deduction will still be responsible for those premiums while on leave without pay. The
Borough's obligation to maintain health insurance coverage will cease if an employee's
premium is thirty (30) calendar days late. The Borough may recover the costs for
maintaining health insurance coverage for an employee on unpaid leave if the employee
fails to return from the entitled leave period for a reason other than the recurrence or
continuation of a serious health condition or other circumstances beyond the control of
the employee.
Certification — The Family/Medical Leave Act contains a provision allowing employers
to verify the existence of a "serious health condition" before granting an employee's
leave request. Employees requesting leave because of a serious health condition may
be required to produce a "certification" from the treating licensed health care provider of
the patient. The Borough may also, at its own expense, require a second opinion to
ascertain the validity of the certification provided by the treating licensed health care
provider.
Return to Work — The Borough at its discretion may require a certificate from an
attending physician that the employee who has taken family medical leave is able to
return to work.
Employee's Rights Upon Return From Leave — Unless the Borough's business
circumstances have changed to make it impossible or unreasonable, when an
employee returns from leave mentioned above, the Borough shall restore the employee
to the position of employment held by the employee when the leave began; or to a
substantially similar position with substantially similar benefits, pay, and other terms and
conditions of employment.
Definitions - "parent" means a biological or adoptive parent, a parent -in-law, or
a stepparent.
"child" includes the employee's biological, adopted, or foster child,
stepchild, or legal ward who is under 18 years of age, or 18 years
of age or older and incapable of self-care because of mental or
physical disability.
"serious health condition" means an illness, injury, impairment,
or physical or mental condition that involves inpatient care in a
hospital, hospice, or residential health care facility; or continuing
treatment or continuing supervision by a health care provider.
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8.9 LEAVE -WITHOUT -PAY
Leave -without -pay, if approved by the Borough Manager, may be granted to an
employee not to exceed thirty (30) days. Annual and sick leave do not accrue when the
employee is in a leave -without -pay status longer than ten (10) working days.
Employees who are in a leave -without -pay status longer than ten (10) working days will
also not be eligible for holiday pay. Under the Public Employees Retirement System
(PERS), leave -without -pay exceeding ten (10) working days is not creditable service.
Employees in leave -without -pay status for more than ten (10) working days for a reason
other than family/medical leave will be responsible for paying that portion of the health
insurance premium for the leave taken beyond ten (10) working days. Exempt
employees in leave -without -pay status will not have any reduction in pay for absences
of less than a full day (eight hours) of leave -without -pay in recognition of the fact that
exempt employees are not eligible for overtime pay.
8.10 EDUCATIONAL LEAVE -WITHOUT -PAY
Educational leave -without -pay may be granted for educational purposes directly related
to employment with a specific benefit to the Kodiak Island Borough. Approval will be
contingent upon the work schedule allowing the time to be taken without a disruption to
Borough business. If approved by the Borough Manager, this leave may be granted to
an employee not to exceed one hundred and twenty (120) calendar days. Annual and
sick leave do not accrue when the employee is in an educational leave -without -pay
status longer than ten (10) working days. Employees who are in an educational leave -
without -pay status will not be eligible for holiday pay during the period they are on
educational leave -without -pay status.
8.11 HOLIDAY LEAVE
The following holidays shall be recognized by the Borough:
New Year's Day
Martin Luther King's Birthday
Washington's Birthday
Seward's Day
Memorial Day
Independence Day
Labor Day
1st January
3rd Monday in January
3rd Monday in February
Last Monday in March
Last Monday in May
4th July
1st Monday in September
Page 25
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
11th November
41h Thursday in November
Day after Thanksgiving
25th December
Employee's Birthday An employee's birthday shall be
observed on a workday mutually agreed
to by the employee and the Employer
three months prior or three months after
their actual birthday. Employees who
ask to celebrate their birthday holiday
during the month in which it falls will not
be unreasonably denied.
In addition to Borough recognized holidays, every day designated by public
proclamation by the President of the United States or the Governor of Alaska as a legal
holiday shall also be observed as a holiday for Borough employees. (Alaska Day was
traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's
Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the
preceding Friday shall be observed. In the event of a recognized holiday falling on
Sunday, the following Monday shall be observed. All employees shall be excused from
work on recognized holidays and special holidays, except where the activities of the
Borough require that regular or emergency work be performed. In the event that holiday
work is required, the rate of pay for employees working on holidays shall be at double
time for all hours worked in addition to the regular holiday pay.
A supervisor who has employees whose normal workweek is outside the workweek of
Monday through Friday has the right to change the holiday work schedule in order to
meet the needs of the public, with the approval of the department head.
8.12 BEREAVEMENT LEAVE
Accrued sick leave, or at the employee's option, annual leave or leave without pay, not
to exceed five (5) days may be used by an employee upon the death of a member of
the employee's, their spouse's or same-sex domestic partner's immediate family
(provided the State of Alaska's Political Subdivision Health Plan Same -Sex Partner
Affidavit is completed and on record with the Borough). Immediate family is defined as
spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents
and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave
without pay may be granted to accommodate required travel.
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8.13 WORKERS' COMPENSATION LEAVE
During periods of on-the-job injury recuperation, the employee shall be eligible for
Workers' Compensation Benefits and will be placed on Worker's Compensation Leave.
All fringe benefits will continue to accrue while in this status.
It is the intent of this policy that the employee's take home pay for a period not to
exceed ten (10) weeks will remain the same throughout the recuperation period as
his/her regular take home pay prior to the injury. Sick and annual leave will be used as
follows:
1. The first three (3) days should be sick leave or upon employee request, annual
leave, or leave without pay if no other leave is available. For a new regular
employee on probation status who has not accumulated a combined total of
three (3) days of sick and annual leave, the three (3) days will be charged first to
sick leave, then annual leave and finally the salary line item for the employee.
2. For the remaining days until the end of ten (10) weeks measured from the date of
initial leave taken, an amount equal to the difference between the employee's
take home pay prior to the injury and the amount received from Worker's
Compensation will be paid to the employee by the Borough and charged to the
salary line item for the employee.
If the absence exceeds twenty-eight (28) calendar days and Worker's Compensation
then picks up the original three (3) days of paid leave the employee must repay the
Borough for the three days' pay. The Borough will then credit the employee's records for
deductions as a result of an on-the-job injury. The credit will be applied first to the salary
line item, and then to sick leave.
An employee can remain on Worker's Compensation Leave for up to six (6) months or
until determined to be permanently or totally disabled or permanently partially disabled
and unable to return to work, whichever comes first. The Borough will not, however,
supplement any Worker's Compensation benefits provided for by its compensation
insurance carrier for any settlements of industrial accident claims. When any such
settlement is made, disability shall be presumed to terminate on the date of such
settlement.
8.14 COURT DUTY
Court duty, including jury service, shall be treated as administrative leave from Borough
duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a
witness on behalf of the Borough, or when called as an expert on a matter of Borough
concern, or relating to a Borough function, or the employee's job performance will be
considered administrative leave. Fees paid by the court (other than travel and
subsistence allowance) will be turned in for deposit to the Borough except that fees paid
Page 27
for court duty that occurs on the employee's normal non -work days may be retained by
the employee. Witness service for personal purposes will be covered by annual leave,
or leave -without -pay, and any fees received in this connection may be retained by the
individual. Employees, upon receiving written notice of being called for jury duty, will
immediately provide their supervisor with a copy of such notice. In the event an
employee is called for court duty in Kodiak, when excused, he or she shall return to
work within a reasonable time, not to exceed one hour. If the employee is serving court
duty outside the City of Kodiak, he or she shall return to work within one hour upon
returning to Kodiak.
8.15 MILITARY LEAVE
Employees who are called up for active duty in a branch of the U.S. Armed Forces or
who are members of a U.S. Military Reserve component shall be entitled to leave and
re-employment benefits as prescribed by State and Federal Laws.
Absence from Borough duty for the purpose of participating as a member of a United
States reserve component, either in active military service of the State, or in military
training, is authorized and will be treated administratively (in the case of the employee
who has completed probationary service) in such manner that the individual will not
suffer a decrease in income or a loss of benefits during the first two weeks of the
military active duty or training period. The Borough Manager will be provided with a
copy of the individual's orders to duty. The absence will be recorded, during the first ten
(10) working days, as administrative leave without charge to the employee's leave
account. Military pay paid to the employee for this period of time (equivalent to 80 hours
of work) will be turned over to the Borough.
8.16 UNAUTHORIZED LEAVE
Any absence not authorized and approved,
herein, may be grounds for disciplinary
Provided, however, that any employee who
to duty due to weather and/or an emergen
under this section.
8.17 SICK LEAVE BANK
in accordance with the provisions set forth
action up to and including termination.
has verified that they were unable to return
y shall not be subject to disciplinary action
All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave
Bank. The Sick Leave Bank shall be administered by the Manager. It is the Manager's
responsibility to approve or deny requests for Sick Leave Bank usage. In the case of
denial, the request for Sick Leave Bank usage may be appealed to the Personnel
Advisory Board. The Personnel Advisory Board's decisions regarding Sick Leave Bank
usage will be final.
Each employee enrolling in the Bank will donate one (1) day of his/her sick leave to the
Bank each year, until the Bank is built up to a maximum of three hundred (300) days.
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No more days will be added to this maximum until the Bank is depleted to two hundred
fifty (250) days except for new participants. The Finance Department shall maintain an
accounting of the Sick Leave Bank balance at all times. This information will be
available to any member upon request. Contributions will be made to the Bank once a
year in the month of January according to the above limitations. The employee will be
responsible for submitting donation forms between January 1 and January 31. In the
event that the Bank becomes totally depleted during the year, each member of the Bank
may donate additional days up to a maximum donation of three (3) days per year.
An employee withdrawing from membership in the Bank will not be able to withdraw the
contributed days. An employee will not be able to withdraw days from the Bank until all
of his/her own accrued sick leave and annual leave have been depleted. The maximum
number of Sick Leave Bank days available to a member shall be twenty-two (22) days
in any calendar year. In the case of multiple requests, if there are not enough days in
the Bank to cover the requests in full, the available days will be split evenly between the
requesting employees. Employees withdrawing Sick Leave Bank days will not be
required to replace these days except as a regular contributing member of the Bank.
Employees withdrawing Sick Leave Bank days may voluntarily contribute additional
days to the Bank.
Sick leave days can only be withdrawn from the Bank for the individual member's illness
or injury. Normal pregnancy leave and parental leave not associated with illness or
disability under Section 707 of the Personnel Rules and Regulations are not eligible for
Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the
employee to the Manager and must be accompanied by a letter from the attending
physician. The approval of the request shall be subject to the attending physician's
supportive statement. Approved requests will then be forwarded to payroll for
processing. The Kodiak Island Borough leave form shall be used as verification of sick
leave donated to the Sick Leave Bank.
Qualifications for Membership in Sick Leave Bank:
A. Only regular full time or part time employees are eligible to participate in
the Sick Leave Bank.
B. Only contributing members of the Sick Leave Bank are eligible to use the
Bank.
C. Members may use the Sick Leave Bank only after they have completed
their probationary period. Date of hire will determine eligibility. An
employee may contribute to the Bank as soon as all other requirements
are met.
Page 29
Article 9: SENIORITY
9.1 SENIORITY
Seniority as used herein shall mean the length of continuous employment by the
Employer within job classifications covered by this Agreement. Employees shall not
accumulate seniority during the period of probationary employment. After employees
have completed the probationary period, seniority shall be dated from the date of hire as
a probationary employee.
The seniority of an employee shall terminate under any of the following conditions:
a) When laid off for a period of twelve (12) consecutive months;
b) When an employee resigns from employment with the Borough;
c) When an employee is discharged for cause; or
d) When an employee temporarily laid off fails to return to work within ten
(10) working days after written notice requesting the individual to return to
work is delivered by certified mail to the individual's last known address or
to the individual personally, or fails to notify the Employer of an intention to
return to work within forty-eight (48) hours after having received such
notification.
In the selection of shifts and vacations, seniority shall prevail insofar as practical in the
best interest of service.
In the filling of vacancies in positions covered by this Agreement, seniority shall be
given full and fair consideration and where ability and qualifications are considered
equal by the Employer, seniority shall prevail, providing that the employee has met the
application time lines as defined in the hiring procedures.
Article 10: DISCIPLINE
10.1 DISCIPLINE
Any employee discharged or suspended for disciplinary reasons shall be furnished, in
writing, the reasons for such action. In the event an employee (other than a
probationary employee) is discharged, the employee may forward to the Shop Steward
a notice of the termination and the reason for the action.
No bargaining unit employee shall be disciplined or discharged without cause.
Bargaining unit employees may at their request have union representation at
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disciplinary or investigatory meetings where the employee has been informed or has
reason to believe that disciplinary action could result from the meeting.
It is the intent of the Employer to utilize progressive discipline, however, the level of
discipline will depend on the actual circumstances and severity of the employee's
misconduct.
Progressive discipline would normally be:
1. Verbal Counseling & Warning
2. Written Warning via Disciplinary Action Memo
3. Discharge
Disciplinary Action Procedure: All disciplinary actions, except verbal counseling &
warning shall be documented on a Disciplinary Action Memo to the employee and the
employee's personnel file. The employee shall be given a chance to read the memo. It
shall then be reviewed with the employee and a sincere effort shall be made to obtain
agreement with the employee that facts are stated correctly, that the inappropriate or
incorrect behavior did occur, that it did represent behavior that should be disciplined,
that the discipline is appropriate and that the behavior will not be repeated. If errors are
found, the Disciplinary Action Memo shall be rewritten and again reviewed. Comments
of the employee shall be entered under that heading. The employee shall be requested
to sign the memo and be informed that his or her signature indicates only agreement
that the memo accurately records the discussion. If the Employee refuses to sign the
memo, the statement shall be entered.
(Employee's Name) read the contents on (date) and refused to sign"
The supervisor may, if necessary, complete reviews of the employee's progress in
correcting the cause of the original action at three, six and nine months - or any other
intervals. These reports shall be made on a standard Evaluation Report form. Thirty-six
months from the date of the action concerned, the Borough Manager shall review the
disciplinary action and if it is determined that the problem has been resolved, all copies
of the Disciplinary Action Memo shall be returned to the affected employee, provided
that a record shall be maintained that a Disciplinary Action Memo had been filed but
was removed.
Article 11: TRAINING
11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES
The Employer shall provide, or make available, updated training to qualified employees
as required with the introduction of new equipment, technology, and/or procedures.
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11.2 TUITION REFUNDS
Consideration will be given toward reimbursement of 100 percent of the tuition expense,
books, and lab fees if an employee successfully completes coursework considered to
relate to the employee's present duties and to be of benefit to both the Borough and
employee involved.
Written concurrence from the department head and the Borough Manager shall be
obtained in each case before beginning the pertinent course of study. If the reimbursed
tuition amount exceeds $300 the employee shall sign and abide by the following tuition
agreement. The maximum reimbursable tuition amount is $2,500 per employee per
year. The Borough shall not reimburse any employee for tuition and/or associated costs
that have or will be paid by a third party.
Upon successful completion of the course involved, the employee shall furnish his/her
department head with evidence of successful course completion (a grade of C or better
or a certificate of completion) and a receipt of the course fee. Upon approval of the
reimbursement process by the Borough Manager, the reimbursable cost will be paid. In
the event of involuntary termination, the employee shall not be required to repay tuition.
11.3 TUITION AGREEMENT
I agree to abide by this tuition agreement and
understand that if I should leave Borough employment within twelve (12) months
after completing the reimbursed coursework listed below that I will be subject to
forfeiture of accumulated leave and/or salary on a pro -rated basis in the amount
equal to the cost of the course(s).
Course:
Location:
Cost:
Date Completed:
Twelve (12) months of employment with the Kodiak Island Borough following the
completion of the above coursework results in full forgiveness of any obligation to
repay the Kodiak Island Borough.
Date
Date
Employee Name (Print)
Supervisor Name (Print)
Page 32
Employee Signature
Supervisor Signature
11.4 SPECIAL TRAINING
Employees who attend courses or conferences or receive special schooling that is
reimbursed or paid for by the Borough will be subject to the terms of the following
special training agreement.
Any employee terminating employment prior to working one year after completion of an
approved special training program (defined as any training or schooling for which the
Borough pays $2,500 or more including cost of the training program plus travel), unless
terminated for a justifiable reason, will be subject to forfeiture of accumulated leave
and/or salary on a pro -rated basis in the amount at or above $2,500 of the cost of the
training program plus travel.
When attendance at a training program is mandatory as determined by their department
head, the employee shall be compensated at their regular rate of pay for all scheduled
training hours. In addition, the Borough shall pay for the cost of registration, tuition,
publications, transportation, and per diem, and he/she shall be exempt from signing the
Special Training Agreement.
Approval for training is subject to availability of budgeted funds and must be approved
by the Borough Manager or his designee.
11.5 SPECIAL TRAINING AGREEMENT
To prevent misunderstanding at the time of separation for those employees having
participated in Special Training Programs, the following has been provided:
The undersigned employee of the Kodiak Island Borough understands that the training
for which he/she requests Borough payment (such) training to take place
(Date of Training) (Location of Training)
(Title of Training)
satisfies the standards set for SPECIAL TRAINING. The undersigned employee agrees
to abide by this special training agreement and understands that if he/she should leave
Borough employment within one (1) year after completing the reimbursed training that
he/she will be subject to forfeiture of salary on a pro -rated basis in the amount at or
above $2,500 of the cost of the training plus travel.
One (1) year of employment with the Kodiak Island Borough following the completion of
the above training results in full forgiveness of any obligation to repay the Kodiak Island
Borough.
Page 33
Date Employee Name (PRINT) Employee Signature
Date Supervisor Name (PRINT) Supervisor Signature
11.6 TRAINING
The Employer and the Union will cooperate in encouraging training programs including
government -funded programs, which will provide initial and advanced training for
employees. Within budget limitations, training offered shall particularly emphasize
requirements for occupational certification, job skill enhancement, accident prevention,
employee safety and public relations.
Article 12: BENEFITS
12.1 HEALTH AND WELFARE BENEFITS
12.1.1 The Borough agrees to participate in, and contribute to, the Alaska Electrical
Health and Welfare Trust Fund (AETF), for the purpose of providing certain health and
welfare benefits to eligible regular employees under Medical Plan 551, Dental Plan 601,
Vision Plan 701, Disability Plan 801, and Life and AD&D Plan 901. Immediately
following the transition to the AETF, and effective the first full pay period following this
transition, the Borough will pay into such fund 92.5% of the premium in the amount of
$1,584.00, and the employee will pay seven and one-half percent (7.5%) of the
premium in the amount of $128.00 up through March 31, 2015.
Coverage begins on the first day of the first month which falls on or after the employee's
date of hire. Coverage terminates the month following the employee's date of
separation from the Employer or extended leave without pay absences. For example:
An employee hired on June 1 will be covered for June. An employee hired on June 2
will be covered beginning July 1.
In consideration of receipt of the transferred funds the Alaska Electrical Health and
Welfare Trust Fund and Union hereby agree to indemnify and hold harmless the Kodiak
Island Borough from any and all claims and actions of whatever nature or consequence
arising from the exemption of Bargaining Unit members from the Health Plan, including
any claims arising from no -coverage of eligible employees and qualified spouses or
dependents.
12.1.2 FUTURE INCREASES
The AETF will inform the Borough of any increase in premium amount by March 15 of
each year. Effective April 1, 2015, the Borough shall change the monthly medical
contribution to the Alaska Electrical Health and Welfare Trust (rounded to the next
Page 34
dollar) for each eligible employee by 90% of the annual premium increase as provided
by the Trust, with the employee paying ten percent (10%) of the annual premium
increase; not to exceed a 10% increase in the base contribution per annum. The AETF
shall advise the Borough of the pre-tax contribution amount that employee's shall
contribute per month to the Alaska Electrical Health and Welfare Trust through payroll
deduction. If premium increases exceed ten percent (10%), the Union and the Borough
agree to meet and confer over shared cost alternatives.
12.1.3 CONTRIBUTIONS
The Borough agrees to make the appropriate contributions to the health and Welfare
Trust on or before the fifteenth day of the month following the month in which the hours
were worked. The amount the employee contributes, if any, for Health and Welfare
Trust benefits will be split equally between the first two (2) pay periods in each month.
Effective July 1, 2014 through March 31, 2015:
Coverage Total Premium KIB Pays Employee Pays
All Employees $1,712.00 $1,584.00 $128.00
a) The Borough shall provide, on a non-contributory basis, a group Life and
Accidental Death and Dismemberment insurance plan for each eligible, regular
employee. The program of benefits will be as described in a Master Contract
between the Borough and insurance carrier.
b) Eligible employee is defined as either:
1) a regular full-time employee, or
2) a regular part-time employee working at least fifteen (15) hours per week.
c) Regular part-time employees who are eligible for, and elect to have insurance
coverage, shall continue to pay a proportional share of the premium.
d) An employee on an approved leave of absence may elect to pay the premium for
Borough -wide health insurance during this period, if allowed under the group
insurance contract.
e) The Borough also provides a non-contributory Accident Travel Insurance policy,
which provides $100,000 coverage to employees who are traveling on official
Borough business.
f) The Borough will provide continuation of regular health insurance benefits for
employees who utilize family and medical leave and parental leave for a period
not to exceed the time limits outlined in the State and Federal Family and
Page 35
Medical Leave Acts and the Borough parental leave policy. If the employee pays
a premium for health coverage for dependents, they are still responsible for
payment of their portion of the premium while on leave.
g) The Borough will provide a non-contributory short and long-term disability
insurance program for each employee.
12.1.4 HEALTH CARE REFORM
Should state or federal legislation mandate changes in cost, premiums, care coverage
or penalties, the parties agree to reopen Article 12.1.3 Contributions of the Agreement.
12.2 RETIREMENT
Kodiak Island Borough is a member of the Alaska Public Employee's Retirement
System (PERS). Accordingly, all deductions shall be made according to the regulations
of that system. All employees will receive the PERS booklet and it will also be available
in the payroll and Manager's offices.
12.3 JOINT HEALTH CARE COMMITTEE
The Borough and Union recognize that there have been and likely will continue to be
major changes which affect health care coverage for Borough employees. In the spirit of
cooperation and in an effort to effectively deal with rapidly changing insurance issues, it
is agreed that the Borough and Union will utilize a joint health care committee
comprised of the Borough Manager or their designee, two individuals designated by the
Borough, and two individuals designated by the IBEW Business Representative to
address insurance issues. This committee will meet on a mutually agreed basis. The
committee has no authority to bind the Borough or the Union and will make
recommendations regarding what the committee believes to be effective measures to
deal with health care issues.
Article 13: EMPLOYMENT PRACTICES
13.1 PERSONNEL RECORDS
The Borough Manager shall provide and maintain central files for records of the
personal and work history of each employee in the Borough service. No personnel files
shall be maintained elsewhere in the Borough either by the Manager or department
heads.
Employees shall have access to their own confidential personnel file in the Human
Resources Department at reasonable times in the presence of the Human Resources
Officer or designee. Prior approval by the Borough Manager is required to access
personnel files by other than the employee's immediate supervisor and department
head, Human Resources Officer or designee, or the head of a Borough department in
which an employee has applied for promotion or transfer. Except as provided by law or
Page 36
required by a court order, all other persons or entities are barred from reviewing an
employee's personnel files without the employee's written consent and upon written
approval of the Borough Manager. Additionally:
1. Employees will be allowed access to their personnel files without the
permission of their supervisors.
2. Employees will not be allowed to remove their personnel files from the
office; however, employees may request copies of documents from their
personnel files and these copies may be removed.
3. Supervisors will not be notified when employees request access to their
personnel files.
4. All copies of Disciplinary Action Memos removed from a personnel file
shall be returned directly to the affected employee, provided that a record
shall be maintained that a Disciplinary Action Memo had been filed but
was removed.
5. No supervisory employee(s) will retain copies of Disciplinary Action
Memos removed from an employee's personnel file.
Medical records shall be safely secured and kept separate from the employee's
personnel file. Access to these files shall be restricted to the Manager, Human
Resources Officer or designee and the employee. Such records shall not be released
for any reason other than a medical emergency, in which event they may be released to
a licensed health care practitioner, unless the employee gives written consent allowing
the release of his/her medical file.
13.2 PAYROLL PROCEDURES
It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary
written authorization for direct deposit (as available) on a regular basis and in a manner
so that the amount, method, and timing of such payments comply with any applicable
laws or regulations.
Employees will normally be paid on Friday on a biweekly basis. If the regular payday
occurs on a holiday, employees will be paid on the last working day prior to the regular
payday.
Employees on each payday will receive, in addition to their check or deposit advice, a
statement showing gross pay, deductions, and net pay. Local, state, federal and social
security taxes will be deducted automatically. No other deductions will be made unless
required or allowed by law, contract, or employee written obligation. Employees may
Page 37
elect to have additional voluntary deductions taken from their pay only if they authorize
the deductions in writing.
When an employee separates from the Borough any wages due shall become payable
immediately and shall be paid pursuant to AS 23.05.140(b), as that provision may be
amended from time to time.
NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: "...If the
employment is terminated by the employer, regardless of the cause for the termination,
payment is due within three working days after the termination. If the employment is
terminated by the employee, payment is due at the next regular pay day that is at least
three days after the employer received notice of the employee's termination of services.
13.3 TIME SHEETS
Copies of the employee's time sheets shall be made available, upon request, by the
employee or his/her designee.
13.4 PAY CHECK ERRORS
In the event an employee disputes the amount of any compensation on his/her
paycheck, the employee shall notify the Borough's designated payroll representative.
The Borough shall rectify any verified paycheck errors upon receipt of such notice.
Paycheck errors of less than 5% of gross pay shall be rectified on the next paycheck.
Paycheck errors that are over 5% of gross pay shall be rectified within 3 working days
after such notice.
13.5 MOVING EXPENSES FOR NEW EMPLOYEES
The Borough Manager may specify positions in high demand and short supply requiring
moving expenses for the purpose of accepting employment with the Borough, upon
approval of the Borough Assembly. Such positions may be reimbursed for actual and
necessary expenses under the following conditions:
a. The employee must be appointed to a position for which the Borough Manager
certifies that such expenditure is necessary to recruit qualified employees.
b. The maximum reimbursable for an employee shall be determined at the time of
employment in accordance with current costs not to exceed the equivalent of one
month's salary.
C. New employees who are assisted with their moving expenses shall be required
to sign the following Transportation Agreement prior to employment. The
Transportation Agreement shall stipulate that the employee will reimburse the
Borough for all or part of such expenditures in the event he or she voluntarily
Page 38
U
e.
leaves Borough service, or is discharged for cause, within a period of two (2)
years according to the following schedule:
100%- Less than twelve (12) months
75%- Twelve (12) but less than eighteen (18) months
50% - Eighteen (18) but less than twenty-four (24) months
New employees may not be given an advance against moving expenses without
prior written approval of the Borough Manager.
It is the responsibility of the appointing authority to see to it that prospective new
employees are aware of pertinent limitations of these regulations before a move
is made.
New employees shall be advised by the appointing authority of dollar limitations,
the need for itemized receipts or invoices, the meaning of the Transportation
Agreement, and other pertinent matters prior to their move.
13.6 TRANSPORTATION AGREEMENT
The Kodiak Island Borough and
agreement concerning transportation costs.
The
to
Kodiak
partially
hereby enter into this
Island Borough agrees to provide an amount not
(a maximum of one month's salary for above noted
defray the transportation costs of a m
to exceed
employee)
we from
Actual receipts will be provided to
substantiate the above amount of funds.
In return, agrees to remain in the
employment of the Kodiak Island Borough for a period of two years. The above
named employee will reimburse the Borough for all or part of such expenditures in
the event he or she voluntarily leaves Borough service, or is discharged for cause,
within a period of two (2) years according to the following schedule:
100%- Less than twelve (12) months
75%- Twelve (12) but less than eighteen months
50%- Eighteen (18) but less than twenty-four (24) months
At least two years of employment with the Kodiak Island Borough results in full
forgiveness of any obligation to repay the Kodiak Island Borough.
Page 39
This agreement is effective on this day of 120.
Manager, Kodiak Island Borough Signature of Employee
13.7 CLOTHING ALLOWANCE
Where special clothing or a uniform is required for the position, a clothing allowance
payable quarterly shall be allowed. The yearly amount to be paid shall be based on the
cost of the required clothing as determined by the Borough Manager. The payments
shall be made on the first regular pay day of each quarter.
All payments will be in accordance with current I.R.S. regulations.
13.8 BOROUGH VEHICLES
The Borough maintains pool cars for official travel of its employees. These vehicles are
to be used for Borough business only and shall not be used for private trips. Hitchhikers
are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle
without a current and valid driver's license. In accordance with Ordinance 90-17, there
will be no smoking in any Borough vehicle.
13.9 PRIVATE AUTOMOBILE USAGE
On rare occasions it may be necessary and prudent to use a private automobile in the
performance of official duties. Reimbursement for such travel will be at the current
prescribed rates as determined by the Internal Revenue Service.
No employee will be paid mileage allowance for travel between his normal place of duty
and his residence. Some on-call personnel are provided with the use of official vehicles
as deemed necessary by the Manager or his designee.
13.10 GIFTS AND GRATUITIES
It shall be the responsibility of each Borough employee to remain free from
indebtedness or favors which would tend to create a conflict of interest between
personal and official interests, or might reasonably be interpreted as affecting the
impartiality of the individual employee. If an employee is tendered or offered a gift or
gratuity (de minimis, under $100, gifts will not be subject to this section) which would, in
the eyes of the public or in the eyes of public officials, be construed to be an attempt to
bribe, influence, or to encourage special consideration with respect to Borough
operations, such offer shall be reported without delay to the Borough Manager. Any
person either soliciting or receiving such a gift, gratuity, consideration, or extraordinary
favor will be subject to the disciplinary procedure.
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13.11 PROFESSIONAL ORGANIZATION DUES
The Borough will pay dues to one approved professional organization for each
professional member of the staff, where such professional organization is for the
purpose of improving personal abilities and qualifications.
13.12 EMPLOYMENT OF FAMILY MEMBERS
No person may be employed in a position supervised by a family member. Additionally,
family members shall not be placed in a position such that one member has authority to
approve the work, personnel documents, expense account, or time records of another
family member. An exception to this rule will be made if requested by the Borough
Manager and approved by the Borough Assembly. Family members shall be described
as follows: spouse, father, mother, brother, sister, son, daughter, step -mother, step-
father, step -brother, step -sister, stepson, stepdaughter, father-in-law, mother-in-law,
brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparents.
A) If two employees marry who are employed in any position in which the office or
employee may be able to directly or indirectly supervise, control or influence the
work or employment status of the relative or the affairs of the organizational unit
in which the relative is to be employed, they shall give immediate notice of the
marriage to the Manager. At an appropriate time, the least senior of one of the
spouses may be transferred to another assignment within the Borough. The
decision to transfer shall not:
1) Alter the transferring spouse's salary and/or benefits, and
2) Alter the seniority standard described above.
B) If one of the spouses agrees to a voluntary transfer, the seniority standard for
involuntary transfer shall not apply.
C) It is agreed that if a Borough employee is to be transferred as a result of this
provision and there is no comparable position available that the Manager may
use his discretion in making reassignment of the individual. However, the
employee shall suffer no loss in salary, benefits, or seniority.
13.13 OTHER EMPLOYMENT
No employee shall engage in any other employment, whether public, private or self-
employment, during scheduled work hours, nor outside scheduled work hours if such
employment conflicts with the Borough's interests or adversely affects the employee's
availability and usefulness.
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13.14 TRAVEL
Employees who are traveling out of town on official business will be reimbursed for
reasonable expenses by the Borough. The Borough will provide for and/or reimburse
the employee for transportation costs. Transportation will normally be by air and
supplemented by such ground or water transportation as is necessary. All other costs
incident to such travel, and of a normal and necessary nature will be reimbursed. Such
expenses would include: hotel rooms, auto rental, and telephone. Employees will be
paid a per diem for meals equal to the amount listed in the current US Government
Services Administration (GSA) agency schedule. It should be noted that for non-
contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates.
These rates can be found on the Federal Government web site at http://www.gsa.gov.
The federal government regulations also specify that on the first and last day of travel,
per diem will be 75% of the daily rate. When an employee is on official business not
requiring an overnight stay, per diem will be 75% of the daily rate.
All employees on official travel are expected to make every effort to minimize the cost of
travel. Examples of costs that will not normally be reimbursed are first class air travel,
gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before
embarking on any travel and prior to submitting travel -related check requests for
purchase orders, employees must submit a Travel Authorization Form (see sample form
in Appendix B — Forms Section).
Hotel rooms will generally be reserved and paid using the purchase order system.
Reimbursement may be requested for hotel rooms with proper receipt submittal. An
advance for per diem can be requested prior to travel.
13.15 STRANDED WHILE ON BOROUGH TRAVEL
If due to inclement weather or other adverse conditions, employees traveling on
Borough business become stranded away from their Kodiak office location the following
will apply:
A) The employee will not suffer a reduction in wages or benefits as a result of being
unable to return to his/her principal work location.
B) The employee will be provided with room, as outlined in Section 13.14 above,
and necessary transportation at the Borough's expense.
C) The Borough will reimburse the employee for any other reasonable, necessary
expenses they would not normally have incurred had they been in Kodiak. An
example of such an expense would be reimbursement for any childcare
expenses that might result from the employee being stranded away from Kodiak.
Page 42
The above will not be reimbursable if an employee has extended his/her travel time in
any way for personal reasons and becomes stranded due to taking a later flight than
would have been required when the Borough business was completed.
13.16 SAFETY
It is a fundamental responsibility of the Borough to provide a safe work environment for
its employees. It is a fundamental responsibility of the employees to abide by all safety
rules and regulations and to continuously practice safety while performing their duties.
The Borough will furnish such safety devices and first aid kits as may be needed for the
safety and proper emergency medical treatment of employees. Employees shall use
personal protective equipment as may be prescribed by State or Federal standards or
the Borough. It is the responsibility of each employee to report any unsafe situation to
the supervisor immediately upon recognition of the unsafe situation.
13.17 SAFETY COMMITTEE
A safety committee composed of two (2) representatives from the bargaining unit
appointed by the Union and two (2) representatives from the Borough will review safety
programs, training, and procedures. The committee will have the right to:
a. Recommend specific safety programs and training to be presented to the
employees.
b. Recommend corrective action for unsafe practices, procedures and devices.
13.18 PROHIBITION OF SMOKING
Per Ordinance No. FY2011-06, adopted 12/02/2010 by the Kodiak Island Borough
Assembly and effective on January 1, 2011, smoking is prohibited in all buildings and
offices owned or leased by the Kodiak Island Borough at all times; within a distance of
50 feet outside any entrance, window or ventilation intake system of any building or
office owned or leased by the Kodiak Island Borough; and smoking on the grounds of
the Borough Building is prohibited at all times due to its proximity to the Kodiak Island
Borough School District offices and the Kodiak High School property.
13.19 DRUG-FREE WORKPLACE
As a condition of employment, all employees are required to sign and abide by the
Kodiak Island Borough's Drug -Free Workplace Policy. In accordance with this policy,
any employee who unlawfully manufactures, distributes, dispenses, possesses or uses
a controlled substance in the workplace or during working hours is subject to
disciplinary action up to and including immediate dismissal. Any employee reporting to
work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action
up to and including immediate dismissal.
Page 43
13.20 POLITICAL ACTIVITIES
No provisions or part of this Agreement shall abridge the statutory or constitutional
rights of any employee to engage in any legal political activity. Provided, however, no
employee shall, directly or indirectly, during his/her hours of employment, solicit or
receive funds, or at any time use his/her authority or official influence to compel any
other employee to apply for membership in or become a member of any organization, or
to pay or promise to pay any assessment, subscription or contribution, or to take part in
any political activity.
Article 14: NO STRIKE — NO LOCKOUT
14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS
This Agreement is a guarantee by both parties that there will be no form of strikes,
slowdowns, or lockouts during the life of this Agreement.
Article 15: GRIEVANCE PROCEDURE
15.1 GRIEVANCE PROCEDURE
Section 1. Complaints or Discussions. While not considered a grievance as defined
hereafter, employees and/or the Union Stewards may engage in informal discussions
with Management to attempt to settle or prevent problems prior to a formal grievance in
writing, being filed.
Section 2. Grievance Definition. A grievance is hereby defined as a claim violation,
misinterpretation, inequitable application, or non-compliance with the provisions of this
Agreement or any supplemental agreement. A grievance shall be in writing, and shall
include the following:
a. The nature of the grievance and the circumstances out of which it arose,
including the date of occurrence or the date when the grievant(s) became
aware of the problem.
b. The remedy or correction the Employer is requested to make.
C. The section or sections of the Agreement relied upon, or alleged to have
been violated.
The signatures of the grievant(s) and the shop steward.
Page 44
e. The date the statement of the grievance was prepared.
Section 3. Procedure. All grievances shall be presented to the employee's
immediate supervisor as soon as practicable but in no event later than ten (10) working
days.
Step One. Within ten (10) working days after written presentation of an
alleged grievance, the effected employee and/or employees, and the Shop
Steward shall discuss the written grievance with the designated management
representative for the work function to which the employee or employees are
assigned, in an effort to resolve the dispute or difference.
Within these ten (10) working days, the Employer will reply, in writing, to
the Shop Steward. If this reply is unsatisfactory the alleged grievance may be
moved to step two, provided written notification of such move is made within five
(5) working days following the receipt of the management's step one response.
Step Two. Within ten (10) working days after receipt of the notice from
step one, the Union Business Representative and the Manager shall meet and
discuss the alleged grievance. The Employer shall respond in writing to the
Union within these ten (10) working days.
Section 4. Arbitration. Grievances which have not been settled under the foregoing
procedure may be appealed to arbitration via the personnel office within ten (10)
calendar days from the date of the answer in step two, or if the grievance is not
appealed to arbitration it shall be considered terminated on the basis of the second step
answers of the parties without prejudice or precedence in the resolution of future
grievances.
If a request for arbitration is tendered, the Union and the Employer shall confer within
five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no
agreement can be reached, the parties shall select an arbitrator by the striking method
from a list of ten (10) arbitrators supplied to the parties by the American Arbitration
Association (AAA). The Arbitrator shall be selected within (5) working days. The order
for striking shall be determined by a toss of a coin. The Union Representative shall toss
the coin and the Management Representative shall call out his choice. Arbitration shall
commence as soon as possible following the appointment of the arbitrator. The
applicable fees and expenses of the arbitrator shall be borne equally by the parties.
Each party shall be responsible for the expenses of its own witnesses and any other
expenses incurred on behalf of that party.
Section 5. Authority of the Arbitrator. The arbitrator shall conduct a hearing
according to generally accepted standards and procedures for grievance arbitration.
The arbitrator shall have no authority to add to, alter, delete or modify the labor
agreement or to issue any award on a matter not raised in the complaint. The decision
of the arbitrator shall be final and binding on all parties.
Page 45
Section 6. Time Limits. Failure of either party to act within the time schedule set
forth in this procedure without the express written agreement of the other party will be
considered a default and the grievance shall be considered to be settled in favor of the
non -defaulting party. The parties may mutually agree in writing to modify the time limits
at any step of the grievance procedures.
The mailing of the grievance appeal or response shall constitute a timely appeal or
response if postmarked within the appeal/response period. Both parties will provide the
other with a list of designated representatives and addresses.
In the application of this article, "working days" shall exclude Saturdays, Sundays, and
holidays recognized by this Agreement. Nothing in this section shall be construed to
prevent settlement of a grievance by mutual agreement of the parties at any time.
Article 16: UNION REPRESENTATIVES
16.1 UNION REPRESENTATIVES
Duly authorized representatives of the Union shall be permitted to enter into the
Employer's premises during normal business hours for the purpose of investigating
grievances and performing other essential functions as representatives of the
bargaining unit. Essential functions are defined as the following:
a) Ensuring compliance with the Agreement
b) Investigating grievances
c) Negotiations
d) Investigation of safety issues
e) If invited by the Borough Manager or his designee
f) Employee representation within terms of Agreement
The Union agrees to notify the Borough's designated representative prior to any such
visits.
It is not the intent of the Union to disrupt work functions and it is not the intent of the
Employer to limit the Union in its rights.
16.2 SHOP STEWARD
There shall be three (3) Shop Stewards appointed by the Union. The Shop Stewards
will be selected from non -supervisory positions. The Union shall promptly notify the
Borough of the names of the Shop Stewards and shall notify the Borough whenever
changes occur.
Page 46
Section 1. Definition of Duties. The duties and activities of the Shop Stewards shall
include handling of complaints and grievances, administration of the Agreement, Union
orientation of new employees and other duties as mutually agreed upon by the parties.
Section 2. Scheduling of Activities. The Shop Steward positions are working
personnel, and as such the Shop Stewards shall arrange with their appropriate
supervisors, mutually agreed to times to conduct Union activities. The Shop Steward
may spend a reasonable amount of time during working hours, without loss of pay, to
handle grievances and other duties and activities as mutually agreed upon by the
parties, pertaining to their areas of appointment. Shop Stewards will not be terminated
until the Borough Manager has notified the Union stating the cause for termination.
Article 17: UNION SECURITY
All employees coming under the terms of this Agreement are required by the Union to
maintain their membership in good standing for the life of this Agreement and any
renewal thereof. The Union shall be responsible for the enforcement of any Union
membership requirements. The Borough will have no enforcement responsibility for
Union requirements.
17.2 DUES DEDUCTION
During the term of this Agreement, the Employer shall deduct from the wages of
employees covered by this Agreement the membership dues or equivalent service
charge for those employees who individually and voluntarily authorize such deductions
in writing by signing an authorization for payroll deduction of Union dues. Deductions
will be submitted by check to the IBEW L.U. 1547 each month with a list of individual
names and amounts withheld. The Employer will not be held liable for deduction errors
but will make proper adjustments with the IBEW L.U. 1547 for any errors as soon as
possible. The Union agrees that the Employer assumes no responsibility in connection
with deduction of monies except that of forwarding monies deducted as set forth in this
Article. The Union shall indemnify the Employer and hold the Employer harmless from
any and all claims against the Employer for the amounts deducted and withheld from
earnings.
ili Xelele].Is] Ik,[HrJIkI.III k,I[*]k'
All employees of the Borough coming within the classifications covered by this
Agreement are required by the Union to be members thereof in good standing and shall
share in the cost of maintaining and operating the Union as their collective bargaining
agency in accordance with its rules. The Borough recognizes the Union reserves the
right to discipline its members for any violation of Union laws, rules or agreements.
Page 47
The Union may go to court to collect dues, fees, assessments, or their equivalents,
which are owed to it by a Borough employee. The Borough recognizes that should the
Union incur attorney fees or costs as a result of a successful collection action against a
Borough employee, the employee must reimburse the Union for the full amount of the
Union's attorney fees and costs, as ordered by the court. A Borough employee's
employment status with the Borough will not be affected if an employee is delinquent in
his or her financial duty to the Union.
17.4 POSTING OF AGREEMENT
A copy of this Agreement shall be posted on the bulletin boards at each IBEW
represented facility by the Union or its representative where it may be readily referred to
by employees.
17.5 BULLETIN BOARDS
The Borough shall permit the Union to use reasonable space on designated bulletin
boards furnished by the Borough at each IBEW represented facility for the purpose of
posting officially signed Union bulletins and notices.
17.6 UNION ACTIVITIES
No Union activity shall be conducted during the Employer's working hours, except as
specifically provided in this Agreement.
Article 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
The parties are committed to the principle of equal employment opportunity in all
employment practices. Employees shall not be discriminated against with respect to
compensation, terms or conditions of employment because of age, sex, sexual
orientation, marital status, changes in marital status, pregnancy or parenthood, race,
religion, color, national origin, union activity or disability.
Article 19: GENERAL PROVISIONS
19.1 EFFECT OF AGREEMENT
Conformity to Law If any article of this agreement is held invalid by operation of law or
by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
article is restrained by such tribunal, the remainder of this agreement shall not be
affected thereby. The parties agree that any portion of this agreement rendered invalid
by operation of law or by any tribunal of competent jurisdiction will be automatically
amended to comply with the law or tribunal ruling. If the court order is not specific in
Page 48
terms of how the invalidated article should apply then the parties hereto agree that
within thirty (30) calendar days after a provision has been declared invalid, they will
commence negotiations with regard to such invalidated provision(s). In the event the
parties do not reach agreement on contract amendments with regard to the invalidated
provisions; the matter shall be submitted to arbitration in accordance with the
procedures set forth in this Agreement.
19.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of the parties hereto
for its term.
19.3 PRODUCTIVITY
It is recognized by both the Borough and the Union that providing the most efficient
service to the taxpayer is of utmost priority. The Union recognizes that the
establishment of productivity improvements to ensure efficiency is the right and
obligation of the Borough. The Borough agrees to inform the Union of the
implementation of any new productivity improvements.
19.4 NEGOTIATIONS PROCEDURE
a. Negotiations may be requested by either party prior to August 15 of the fiscal year
in which the contract may expire. Such negotiations shall begin no later than
September 1 of the same fiscal year. Meeting shall be held as necessary at times
and places agreed upon by the parties.
b. Requests for negotiations from the IBEW will be made directly to the Manager.
Requests for negotiations from the Borough representative shall be transmitted
through the Manager to the IBEW designated representative. Negotiations shall be
conducted between September 1 and November 30. It is mutually agreed that the
negotiations cannot be held prior to September 1 without the concurrence of both
parties.
C. After negotiations have been undertaken, this agreement will remain in full force
and effect so long as the parties continue to bargain together in good faith;
provided, however, that the agreement which results from such negotiations will
be effective as of the expiration date of this Agreement.
d. The negotiating meetings may be held in closed session upon mutual agreement
of both parties, but all final agreements shall be made at a public meeting of the
Assembly. The first meeting will be held in closed session. The ground rules will
be developed and signed -off prior to the beginning of formal negotiations. During
this first meeting the IBEW and the Borough Manager will designate team
members and spokespersons for the pending period of formal negotiations. Also,
at this time, each party will submit a listing (table of contents) of each item it
Page 49
wishes to place in the new agreement. No item will be the proper subject for
negotiations unless contained in either list.
e. Negotiating Team: No more than seven (7) designated representatives of the
Borough Manager plus a spokesperson will meet with no more than seven (7)
representatives of the IBEW plus a spokesperson for purposes of negotiations. All
negotiations shall take place exclusively between the designated representatives
of the parties.
Consultants may be called upon by either party and utilized on the negotiation of
any matter being considered by the negotiation committee. The party employing
such consultants shall give notice of their intent to use such consultants in the
meeting prior to their use. Consultants shall present only factual information.
Costs and expenses resulting from the use of services of such consultant shall be
borne by the parry engaging their services.
g. The Borough and IBEW agree to participate in "good faith" negotiations.
The Borough and the IBEW agree that all matters of wages, hours and other terms
and conditions of employment shall be considered proper items for negotiations.
The Agreement: When agreement is reached between the parties on all
proposals, the proposed Agreement shall be reduced to writing and submitted to
the bargaining unit for ratification within thirty (30) calendar days. After ratification
by the bargaining unit employees, the Agreement shall be recommended to the
Assembly. The Assembly will take action at its next regular or special meeting.
Upon approval and after necessary action by the Assembly or its authorized
agents, the terms of the Agreement shall be implemented.
Resolving Differences: In the case an Agreement has not been reached in
negotiations by January 1, the parties shall follow the impasse procedure. The
January 1 deadline can be extended by mutual agreement.
k. All dates may be changed by mutual agreement.
19.5 SCOPE OF AGREEMENT
This Agreement shall cover and apply to all work that has been traditionally performed
for the Borough by bargaining unit employees in the classifications set forth in this
Agreement as well as any new work that would emerge as a result of new technology.
19.6 NOTICES
Notices required under the provisions of this Agreement, unless otherwise specified,
shall be served by the Employer to the designated Business Representative,
International Brotherhood of Electrical Workers, Local Union 1547 (IBEW), 3333 Denali
Page 50
Street, Anchorage, Alaska 99503, for service upon the Unions; and to the Borough
Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, for service
upon the Employer. The date of receipt of such notices shall be the controlling date for
the purposes hereunder. Each party shall promptly inform the other of any change in the
addresses set forth in this section.
19.7 COMPILATION OF AGREEMENT
A final report of the Agreement shall be compiled by the Borough and presented to
IBEW for review and agreement on format. Before printing, a cost estimate will be
prepared by the Borough and presented to IBEW for review. If the cost estimate is
unsatisfactory to IBEW and IBEW can obtain a lower cost for the printing, then IBEW
will assume the responsibility for printing. The cost of this printing shall be borne equally
by the IBEW and the Borough.
19.8 IMPASSE PROCEDURE
Upon written request for mediation by an employee bargaining agency or the
Assembly, and upon certification by the requesting party that the parties cannot
agree on an independent private mediator and that good faith negotiations have
terminated in an impasse, the following occurs:
1. Within seven (7) days of the certification, the requesting party shall ask the
United States Federal Mediation and Conciliation Service to serve as the
agency to resolve the dispute. In the event the Federal Mediation and
Conciliation Service implements charges for the services of the Federal
Mediator, charges for such mediator would be borne equally by the
parties.
2. The mediator shall chair all mediation meetings between the disputing
parties and attempt to resolve the differences between the disputing
parties and reach common acceptance of terms and conditions or other
items in dispute, wherever possible.
3. Within thirty (30) days of the initial meeting of the parties to dispute, the
parties shall have reduced all the agreed terms, conditions, and other
items to a written contract. If mutually agreed, the period for reporting the
contract to both parties may be extended.
Each party to the dispute may select a team of not more than five (5)
persons to present the evidence, thinking and position of the group they
represent to the mediator.
If the mediation meetings are held during the workday, employees representing an
employee bargaining agency shall be released from normal duties without penalty
Page 51
or loss of pay. The Borough will be reimbursed by the bargaining agency for the
straight time wages for time spent on mediation activities.
C. Solutions for Agreement
Within ten (10) days, each party of the dispute shall accept or reject in
total the mediation solutions for agreement.
2. If rejected by either party, the mediator shall have an additional five (5)
days to review the objections and recommend any final solutions.
3. If the solutions are rejected by either side, each party shall reduce to
writing its last best offer and submit it to an Employee Relations Board
which shall review the issues and which shall choose either the Borough's
or the Union's last offer or a compromise position between the two offers.
The Board shall recommend its position to the two parties as the solution
to the disputed language of the Agreement.
The Employee Relations Board shall consist of three members. One
member shall be appointed by the Manager and confirmed by the Borough
Assembly. One member shall be appointed by the Union. The third
member shall be chosen by and mutually acceptable to the other board
members. Members of the Employee Relations Board must be residents
of the Borough. Members of the board may not be elected officials,
employees of the Borough, nor members of any labor organization which
represents, or is attempting to represent Borough employees.
5. The parties agree to meet and discuss the Employee Relations Board
findings within ten (10) days of its receipt and resolve the dispute.
19.9 MEET AND CONFER
The parties agree that they will meet and confer at reasonable times and places
concerning this Agreement and its interpretation or any other matter of mutual concern
and/or benefit to the employees of the Kodiak Island Borough. The parties further agree
that either party may request, in writing, that the parties confer within fourteen (14)
calendar days after the date of delivery of the request, which request shall specify the
matter to be discussed. An inexcusable refusal to meet and confer in response to such
request shall be a violation of this Agreement. There shall be no obligation on the part of
either party to reopen, modify, amend or otherwise alter the terminology or interpretation
of this Agreement or to make any other agreement as a result of any such conferences,
nor shall the requirement for such conferences alter the rights or obligations of the
parties under this Agreement. However, both parties agree to thoughtfully consider the
concerns expressed by the other party on the stated issue.
Page 52
Article 20: TERM OF AGREEMENT
20.1 TERM OF AGREEMENT
This agreement shall become effective at 12:01 a.m. on January 1, 2017 and this
agreement shall continue in full force and effect through and including midnight on
December 31, 2019, unless amended as referenced in Section 20.2 of the CBA.
20.2 AMENDMENT OF AGREEMENT
This Agreement may be amended at any time by mutual consent of the parties hereto.
Such amendment shall be reduced to writing and state the effective date.
Article 21: LABOR-MANAGEMENT COMMITTEE
21.1 The parties agree to form a Labor -Management Committee. The Committee
shall be composed of the Manager, or designee, and three (3) Management
representatives and the Union Business Representative and three (3) bargaining unit
representatives. The Committee shall select a chairperson from its membership. A
quorum for Committee meetings shall be a simple majority of its members, and
Committee recommendations shall be based on the majority vote of Committee
members who participate in person or telephonically in the committee meeting.
21.2 The Labor -Management Committee shall meet quarterly at a date and time set
by the chairperson during KIB business hours unless there is no business to conduct.
Meetings generally will be held at the Borough building. Members of the Committee who
are located elsewhere may attend and participate telephonically.
21.3 The Committee shall be empowered to consider and recommend improvement
in KIB policies, practices, and procedures which affect bargaining unit employees,
including but not limited to workplace safety, employee training, service to the public,
benefit utilization and similar topics of mutual concern to the parties. The Committee is
not a substitute for the Grievance and Arbitration procedures incorporated in this
Agreement, and shall not be used for that purpose. Individual and class grievances shall
be processed through the Grievance and Arbitration procedures.
21.4 The Employer shall give consideration to recommendations regarding matters of
management prerogative, but shall not be required to implement such
recommendations. Neither the Employer nor the Union shall be required to accept
recommendations made by the Committee which would affect wages, hours and terms
and conditions of employment covered by this Agreement, and implementation of any
such recommendations shall require the mutual written consent of the Employer and the
Union.
Page 53
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1547
AGREEJED to this day of GVl .,2o4.
By: %�`'� "�
Mike Hodsdon, Business Manager
`Debra Blanchard, Business Representative
Duane DvpTk, Shop Steward
John Rhines, Shop Steward
KODIAK ISLAND BOROUGH
AGREED to this day of D(-thAA .20
M
Attest:
t Nova
Manager
3/6/2017
Lonnie Stephenson, President
approval does not make the
Page 54
Appendix A
Class Titles and Pay Ranges
Salary Schedules (2017, 2018, 2019)
KODIAK ISLAND BOROUGH
CLASS TITLES AND PAY RANGES
btcludes Bargaining Unit Members Only
ASSESSING
PAY RANGE
Property Appraiser Lead.....................................................................
20.5
PropertyAppraiser...........................................................................19.0
Appraiser Technician........................................................................14.0
Assessment Clerk II..........................................................................12.0
16.0
Assessment Clerk I...........................................................................
10.0
COMMUNITY DEVELOPMENT
Associate Planner/LRP......................................................................20.5
Associate Planner/ENF......................................................................20.5
GISAnalyst....................................................................................19.0
Code Enforcement Officer..................................................................18.5
Assistant Planner.............................................................................
16.0
SecretaryIII...................................................................................
11.0
ENGINEERING & FACILITIES
Solid Waste Manager/Environmental Specialist.........................................23.0
Project Manager/Inspector..................................................................
21.5
ProjectManager..............................................................................20.0
Solid Waste Baler/Landfill Supervisor ....................................................19.5
Maintenance Engineer-KFRC..............................................................
19.0
Projects Assistant............................................................................
17.5
Baler Operator II.............................................................................
17.5
Treatment Plant Operator Lead............................................................
17.0
Maintenance Mechanic.....................................................................
17.0
Treatment Plant Operator...................................................................
16.0
BalerOperator I..............................................................................
16.0
Treatment Plant Operator Trainee.........................................................
14.0
SecretaryIB...................................................................................
11.0
Interpretive Specialist/Receptionist-KFRC...............................................
10.5
Landfill Attendant............................................................................10.0
FINANCE DEPARTMENT
General Accountant..........................................................................
20.5
Revenue Accountant.........................................................................20.5
Accounting Technician/Accounts Payable ................................................
15.0
Accounting Technician/Payroll............................................................
15.0
Cashier.........................................................................................
11.0
SecretaryM...................................................................................
11.0
MANAGEMENT INFORMATION SYSTEMS
ITSupervisor.................................................................................
20.5
Programmer/Analyst.........................................................................19.0
GISAnalyst....................................................................................19.0
PC Network Technician II...................................................................
17.0
PC Network TechnicianI...................................................................
14.5
MANAGER'S OFFICE
Resource Management Officer .............................................................
21.5
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