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FY2020-18 Contract Agreement Between The Kodiak Island Borough And International Brotherhood Of Electrical Workers Local Union 1547 Labor Negotiations 2020-2023Contract # FY2020-18A Kodiak Island Borough OFFICE of the FINANCE DIRECTOR 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9320 Fax (907) 486-9392 E-mail: dcross@kodiakak.us Letter of Agreement Between Kodiak Island Borough And International Brotherhood of Electrical Workers Local Union 1547 This Letter of Agreement concerns the Kodiak Island Borough Assembly proposal to increase wages of the Kodiak Island Borough employees currently represented by IBEW Local 1547. The bargaining parties above hereby agree to the following: 1. All employees of the Kodiak Island Borough who are members of the bargaining unit and represented by IBEW Local 1547 shall have their current hourly wage rate increased by two (2) "steps", according to the agreed upon current wage table. The amended wage table is attached as Appendix A to this Letter of Agreement. 2. This increase shall be effective October 16, 2022. All other sections of the Collective Bargaining Agreement, effective January 1, 2020, through June 30, 2023, will remain unchanged. Dave Conrad Interim Borough Manager Kodiak Island Borough i(> 2- 26 ZZ Date �(n Andrew sistant Business Manager EW Local 1547 10-U- Zo22 Date 7.00 7.50 8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00 12.50 13.00 13.50 14.00 14.50 Kodiak Island Borough Salary Schedule for Bargaining Unit Positions Changes Proposed by Ordinance FY2023-09 Appendix A (page 1 of 3) NEW A B C D E F G H I J K L M OLD A 8 6 13 6 F 6 14 1 f m Annual 34;;69 35,62 36,519 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,608 46,747 47,916 49,114 Hourly 3 ,^x294 17.5573 17.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 Annual 36,629 36,-51 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 4S,608 46,748 47,916 49,114 S0,342 Hourly + AS'73 17.9962 18.4461 18.9073 19.3800 19.864S 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 Annual 36,54 3;432 38,368 39,327 40,310 41,318 42,3S1 43,410 44,495 4S,607 46,748 47,916 49,114 50,342 51,600 Hourly P.59;3 P.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 Annual 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 4S,608 46,748 47,916 49,114 50,342 51,601 52,891 Hourly P.9962 48.4461- 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 Annual 38,368 39;32 40,310 41,318 42,3S1 43,410 44,495 45,607 46,748 47,916 49,114 50,342 51,601 52,891 54,213 Hourly 45:4461 }8:99;3 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 Annual 39;32; 40,319 41,318 42,3S1 43,410 44,495 4S,608 46,748 47,916 49,114 50,342 S1,601 52,891 54,213 55,569 Hourly 483 +9:3899 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 Annual 40,31 41,348 42,351 43,410 44,495 45,608 46,748 47,916 49,114 50,342 S1,601 S2,891 54,213 S5,S68 56,9S8 Hourly 19.3899 49.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 Annual 41-31-8 42,351 43,410 44,495 45,608 46,747 47,916 49,114 50,342 S1,601 52,891 54,213 SS,S68 56,957 58,381 Hourly 49:5645 40.3644 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.71SS 27.3834 28.0680 Annual 42,351 43;419 44,495 45,608 46,748 47,916 49,114 50,342 51,601 S2,891 S4,213 55,568 S6,9S8 58,382 59,841 Hourly 203611 29:5;01 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 2S.4282 26.0639 26.7155 27.3834 28.0680 28.7697 Annual 43,410 44,495 45,607 46,748 47,916 49,114 50,342 51,601 52,891 S4,213 SS,S68 56,957 58,381 59,841 61,337 Hourly 20:5;91 N .--39i 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.715S 27.3834 28.0680 28.7697 29.4889 Annual 44,496 !S,,698 46,748 47,916 49,114 S0,342 S1,601 52,891 54,213 S5,568 56,9S8 58,382 59,841 61,337 62,870 Hourly 2-1-3949 263 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.71SS 27.3834 28.0680 28.7697 29.4889 30.2262 Annual 43,698 46,:;18 47,916 49,114 50,342 S1,601 S2,891 54,213 SS,S68 56,9S7 58,381 59,841 61,337 62,870 64,442 Hourly 269M7 32,48 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2261 30.9818 Annual 46;748 47,946 49,114 S0,342 S1,601 52,891 S4,213 SS,S68 S6,957 58,381 59,841 61,337 62,871 64,443 66,054 Hourly 22.4745 23-936; 23.6126 24.2029 24.8080 25.4282 26.0639 26.71S5 27.3834 28.0680 28.7697 29.4889 30.2262 30.9819 31.7564 Annual P,916 493+4 S0,342 51,601 S2,891 54,213 55,568 56,957 S8,382 59,841 61,337 62,871 64,442 66,053 67,704 Hourly 23:936; ^'� 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7563 32.5503 Annual 4114 59;342 S1,601 52,891 S4,213 SS,568 56,958 S8,381 59,841 61,337 62,870 64,442 66,053 67,704 69,397 Hourly 2.3.6126 24,2929 24.8080 25.4282 26.0639 26.71S5 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3641 Annual 50,342 5401 52,891 54,213 55,568 S6,9S7 S8,381 59,841 61,337 62,871 64,442 66,053 67,705 69,398 71,133 Hourly 24.202 2i.8989 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7S64 32.5503 33.3641 34.1982 Kodiak Island Borough Salary Schedule for Bargaining Unit Positions Changes Proposed by Ordinance FY2023-09 Appendix A (page 2 of 3) NEW A B C D E F G H I J K L M 869 A B 6 9 E- F 6 44 4 f A4 15.00 Annual 51;691 32,wl S4,213 55,568 56,957 58,382 59,841 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,910 Hourly 24.898 29.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 15.50 Annual 32,891 34,2-13 SS,S68 56,957 58,381 59,841 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,910 74,733 Hourly 25.4252 26.0639 26.71S5 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 16.00 Annual 54,-13 35;568 56,958 58,382 59,841 61,337 62,870 64,442 66,053 67,70S 69,397 71,132 72,910 74,733 76,601 Hourly 26-9639 26:;435 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5S03 33.3640 34.1981 35.0531 35.9294 36.8277 16.50 Annual 35,368 36,957 58,382 59,841 61,337 62,870 64,442 66,OS3 67,70S 69,397 71,132 72,910 74,733 76,601 78,516 Hourly 26.:165 23834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 17.00 Annual 56,97 55382 59,841 61,337 62,871 64,442 66,OS3 67,70S 69,397 71,132 72,910 74,733 76,601 78,516 80,479 Hourly 2;.3834 28-9689 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 17.50 Annual 58-382 5941 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,911 74,733 76,601 78,S16 80,479 82,491 Hourly 28.0689 2S.;E6 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 18.00 Annual 59;841 61,337 62,870 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,517 80,479 82,491 84,553 Hourly 28.7697 29A889 30.2262 30.9818 31.7S64 32.SS03 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 18.50 Annual 61,33 62,4;1 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,S16 80,479 82,491 84,553 86,667 Hourly 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 19.00 Annual 6a,8;i 64,449 66,053 67,70S 69,397 71,132 72,910 74,733 76,601 78,516 80,479 82,491 84,SS4 86,668 88,835 Hourly 30.1262 39.9818 31.7S64 32.SS03 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7087 19.50 Annual 64,442 66,093 67,705 69,397 71,132 72,910 74,733 76,601 78,517 80,479 82,491 84,554 86,668 88,83S 91,056 Hourly 30.9818 3+7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 20.00 Annual 66,053 67395 69,397 71,132 72,910 74,733 76,601 78,516 80,479 82,491 84,SS4 86,668 88,834 91,055 93,331 Hourly 3;.;564 32.6593 33.3640 34.1981 35.OS31 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 20.50 Annual 67306 69;39 71,132 72,910 74,733 76,602 78,517 80,479 82,491 84,SS4 86,668 88,834 91,055 93,331 95,665 Hourly 323593 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 21.00 Annual 69,39 ;1;-132 72,910 74,733 76,601 78,S17 80,479 82,491 84,S54 86,668 88,834 91,055 93,331 95,664 98,056 Hourly 33.3649 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 21.50 Annual T,, 132 ;2;9+0 74,733 76,601 78,S16 80,479 82,491 84,554 86,668 88,834 91,055 93,332 95,665 98,057 100,508 Hourly 34-1981 35:9531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 22.00 Annual ;2;919 x433 76,601 78,S16 80,479 82,491 84,SS4 86,667 88,834 91,OS5 93,331 95,665 98,056 100,507 103,020 Hourly 35:0531 33:9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 22.50 Annual ;4333 76;692 78,S17 80,479 82,491 84,SS4 86,668 88,834 91,OS5 93,331 95,665 98,OS6 100,508 103,021 105,596 Hourly 35:9294 365276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7674 23.00 23.50 24.00 24.50 2S.00 25.50 26.00 26.50 27.00 27.50 28.00 28.50 29.00 29.50 30.00 Kodiak Island Borough Salary Schedule for Bargaining Unit Positions Changes Proposed by Ordinance FY2023-09 Appendix A (page 3 of 3) NEW A B C D E F G H 1 J K L M 961) A 9 6 13 E- F 6 44 4 f K 6 m Annual 76;681 78;3!6 80,479 82,491 84,554 86,668 88,834 91,055 93,331 95,665 98,056 100,508 103,021 105,597 108,236 Hourly 36.84:;6 3;.;183 38.6920 39.6593 40.6SO8 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 Annual 78,0! 80;4:9 82,491 84,554 86,668 88,834 91,055 93,332 95,665 98,056 100,508 103,021 105,596 108,236 110,942 Hourly 3;.:;483 38.6948 39.6593 40.6SO8 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 Annual 80,4 9 82,491 84,554 86,667 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 110,942 113,715 Hourly 38:6929 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.036S 53.3374 54.6708 Annual 82,491 84,954 86,668 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 110,942 113,716 116,558 Hourly 39.6593 40.6568 41.6671 42.7088 43.776S 44.8709 45.9927 47.1425 48.3211 49.5291 SO.7673 52.036S 53.3374 54.6708 56.0376 Annual 84,34 86,668 88,834 91,055 93,332 95,665 98,056 100,508 103,021 105,596 108,236 110,942 113,715 116,558 119,472 Hourly 45-6508 44-601 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 S2.0365 53.3374 54.6708 56.0376 57.4385 Annual 86,668 88;534 91,OSS 93,331 95,665 98,056 100,S08 103,020 105,596 108,236 110,942 113,715 116,S58 119,472 122,459 Hourly 41.6671 42,7988 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 S2.036S 53.3374 54.6708 56.0376 57.4385 58.8745 Annual 85,434 91;853 93,331 9S,665 98,056 100,S08 103,020 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,520 Hourly 42.088 4365 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8746 60.3464 Annual 91 855 93,331 95,665 98,OS6 100,S08 103,021 105,596 108,236 110,942 113,71S 116,558 119,472 122,459 125,520 128,658 Hourly 43.;,65 44.8,789 45.9927 47.1425 48.3211 49.5291 SO.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 Annual 94,331 96,665 98,057 100,508 103,021 10S,596 108,236 110,942 113,715 116,S58 119,472 122,459 125,521 128,659 131,876 Hourly 44.8709 45:9927 47.1425 48.3211 49.5291 SO.7673 52.0365 53.3374 54.6708 56.0376 57.4386 S8.874S 60.3464 61.8551 63.4014 Annual 95;665 98;856 100,508 103,021 10S,596 108,236 110,942 113,715 116,S58 119,472 122,459 125,521 128,658 131,874 135,171 Hourly 4333927 47-1425 48.3211 49.5291 50.7673 52.0365 53.3374 S4.6708 56.0376 57.4386 S8.8745 60.3464 61.8550 63.4014 64.9864 Annual 98,096 }08;508 103,020 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,520 128,658 131,87S 135,172 138,551 Hourly 474Q& 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 S6.0376 57.4386 58.8745 60.3464 61.85SO 63.4014 64.9864 66.6111 Annual 188;508 }03;83+ 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 131,875 135,172 138,551 142,015 Hourly 48,32-11 49:329+ SO.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2763 Annual 103;82-1 185;596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 131,875 135,172 138,S51 142,015 145,565 Hourly 49.6291 307673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2764 69.9833 Annual 185,-596 !08;236 110,942 113,715 116,558 119,472 122,459 125,520 128,658 131,875 135,172 138,551 142,015 145,565 149,205 Hourly b0:7673 92.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2764 69.9833 71.7329 Annual 108?36 110;942 113,715 116,558 119,472 122,459 125,S21 128,658 131,875 135,172 138,SS1 142,015 145,565 149,204 152,934 Hourly Q.0365 533374 54.6708 S6.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2764 69.9833 71.7329 73.5262 VAIPpsAts r � P ALASKA LOCAL 1549 Contract #FY2020-18 AGREEMENT BETWEEN KODIAK ISLAND BOROUGH INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 1547 AFL-CIO Page 1 January 1, 2020 through June 30, 2023 TABLE OF CONTENTS ARTICLE 1: RECOGNITION.................................................................................................................................5 1.1 RECOGNITION.................................................................................................................................................5 1.2 MEMBERS OF BARGAINING UNIT...............................................................................................................5 ARTICLE 2: MANAGEMENT RIGHTS................................................................................................................7 2.1 MANAGEMENT RIGHTS................................................................................................................................7 2.2 SUBCONTRACTING AND CONSULTANTS.................................................................................................7 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..............................................................................................................................................12 4.16 PROMOTION................................................................................................................................................13 4.17 DEMOTION...................................................................................................................................................14 ARTICLE5: SEPARATIONS................................................................................................................................14 5.1 RESIGNATIONS.............................................................................................................................................14 5.2 LAYOFFS........................................................................................................................................................14 5.3 TERMINATION..............................................................................................................................................16 5.4 DISMISSAL NOTICE AND SEVERANCE PAY...........................................................................................16 ARTICLE 6: WORK SCHEDULE & OVERTIME.............................................................................................17 6.1 HOURS OF WORK..........................................................................................................................................17 6.2 OVERTIME......................................................................................................................................................17 6.3 TEN HOUR WORKDAY ................................................................................................................................18 6.4 ON-CALL TIME..............................................................................................................................................18 6.5 OFF DUTY/CALL OUT PAY..........................................................................................................................18 6.6 REST PERIODS...............................................................................................................................................18 6.7 STAGGERED LUNCH PERIODS...................................................................................................................19 6.8 FLEXIBLE SCHEDULING OF WORK HOURS............................................................................................19 ARTICLE7: COMPENSATION............................................................................................................................19 Page 2 7.1 COMPENSATION...........................................................................................................................................19 ARTICLE8: LEAVE...............................................................................................................................................19 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 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION..........................................................................21 8.5 MANDATORY LEAVE..................................................................................................................................21 8.6 DONATION OF LEAVE.................................................................................................................................21 8.7 SICK LEAVE...................................................................................................................................................22 8.8 FAMILY/MEDICAL LEAVE..........................................................................................................................22 8.9 LEAVE-WITHOUT-PAY................................................................................................................................24 8.10 EDUCATIONAL LEAVE-WITHOUT-PAY.................................................................................................25 8.11 HOLIDAY LEAVE........................................................................................................................................25 8.12 BEREAVEMENT LEAVE.............................................................................................................................26 8.13 WORKERS' COMPENSATION LEAVE......................................................................................................26 8.14 COURT DUTY...............................................................................................................................................27 8.15 MILITARY LEAVE.......................................................................................................................................27 8.16 UNAUTHORIZED LEAVE...........................................................................................................................28 8.17 SICK LEAVE BANK.....................................................................................................................................28 ARTICLE 9: SENIORITY......................................................................................................................................29 9.1 SENIORITY.....................................................................................................................................................29 ARTICLE 10: DISCIPLINE...................................................................................................................................30 10.1 DISCIPLINE..................................................................................................................................................30 ARTICLE 11: TRAINING......................................................................................................................................31 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES..........................................................................31 11.2 TUITION REFUNDS.....................................................................................................................................31 11.3 TUITION AGREEMENT...............................................................................................................................32 11.4 SPECIAL TRAINING....................................................................................................................................32 11.5 SPECIAL TRAINING AGREEMENT...........................................................................................................33 11.6 TRAINING.....................................................................................................................................................33 ARTICLE12: BENEFITS.......................................................................................................................................33 12.1 HEALTH AND WELFARE BENEFITS........................................................................................................34 12.2 RETIREMENT...............................................................................................................................................35 12.3 JOINT HEALTH CARE COMMITTEE.........................................................................................................36 ARTICLE 13: EMPLOYMENT PRACTICES.....................................................................................................36 13.1 PERSONNEL RECORDS..............................................................................................................................36 13.2 PAYROLL PROCEDURES...........................................................................................................................37 13.3 TIME SHEETS...............................................................................................................................................37 13.4 PAYCHECK ERRORS..................................................................................................................................38 13.5 MOVING EXPENSES FOR NEW EMPLOYEES.........................................................................................38 13.6 TRANSPORTATION AGREEMENT...........................................................................................................39 13.7 CLOTHING ALLOWANCE..........................................................................................................................39 13.8 BOROUGH VEHICLES................................................................................................................................39 13.9 PRIVATE AUTOMOBILE USAGE..............................................................................................................40 13.10 GIFTS AND GRATUITIES.........................................................................................................................40 13.11 PROFESSIONAL ORGANIZATION DUES...............................................................................................40 13.12 EMPLOYMENT OF FAMILY MEMBERS................................................................................................40 13.13 OTHER EMPLOYMENT............................................................................................................................41 13.14 TRAVEL......................................................................................................................................................41 13.15 STRANDED WHILE ON BOROUGH TRAVEL........................................................................................42 Page 3 13.16 SAFETY.......................................................................................................................................................42 13.17 SAFETY COMMITTEE...............................................................................................................................42 13.18 PROHIBITION OF SMOKING...................................................................................................................43 13.19 DRUG-FREE WORKPLACE......................................................................................................................43 13.20 POLITICAL ACTIVITIES...........................................................................................................................43 ARTICLE 14: NO STRIKE - NO LOCKOUT.....................................................................................................43 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS...........................................................................................43 ARTICLE 15: GRIEVANCE PROCEDURE........................................................................................................43 15.1 GRIEVANCE PROCEDURE.........................................................................................................................43 ARTICLE 16: UNION REPRESENTATIVES.......................................................................................................45 16.1 UNION REPRESENTATIVES......................................................................................................................45 16.2 SHOP STEWARD..........................................................................................................................................46 ARTICLE 17: UNION SECURITY........................................................................................................................46 17.1 UNION SECURITY.......................................................................................................................................46 17.2 DUES DEDUCTION......................................................................................................................................47 17.3 GOOD STANDING WITH UNION...............................................................................................................47 17.4 POSTING OF AGREEMENT........................................................................................................................47 17.5 BULLETIN BOARDS....................................................................................................................................47 17.6 UNION ACTIVITIES.....................................................................................................................................47 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....................................................................................................................48 19.3 PRODUCTIVITY...........................................................................................................................................48 19.4 NEGOTIATIONS PROCEDURE..................................................................................................................49 19.5 SCOPE OF AGREEMENT.............................................................................................................................50 19.6 NOTICES.......................................................................................................................................................50 19.7 COMPILATION OF AGREEMENT..............................................................................................................50 19.8 IMPASSE PROCEDURE...............................................................................................................................51 19.9 MEET AND CONFER...................................................................................................................................52 ARTICLE 20: TERM OF AGREEMENT.............................................................................................................52 20.1 TERM OF AGREEMENT..............................................................................................................................52 20.2 AMENDMENT OF AGREEMENT...............................................................................................................52 ARTICLE 21: LABOR-MANAGEMENT COMMITTEE...................................................................................52 APPENDIX A - CLASS TITLES AND PAY RANGES SALARY SCHEDULES (2017, 2018, 2019) Page 4 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 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 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 Management Information Systems IT Supervisor Operations Supervisor PC Technician I &II Programmer Programmer/Analyst Senior Systems Analyst System Operator I & II The parties have omitted the Mental Health Center and Child Care Asst. program positions from the table above due to the non -utilization of these positions at KIB. No change to the scope of the bargaining unit work is intended by the deletion of these unused positions. 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 2.1 MANAGEMENT RIGHTS 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 3.1 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 eligible for holiday leave. Temporary employees shall not be employed for more than Page 7 twelve (12) consecutive calendar months, unless an extension is mutually agreed upon by both parties. In the event a temporary employee has been employed for more than 2 consecutive years, and works 20 hours or more each week, the employee shall receive Health Insurance benefits in accordance with Article 12 Section 12.1, 12.2 and 12.3. Article 4: HIRING AND ADVANCEMENT 4.1 JOB VACANCIES Notices of position vacancies shall be publicized first to all regular Borough employees for five (5) working days on the employee bulletin boards. The Union will be notified of the vacancy during this five (5) 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 five (5) 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 five (5) working days. Any regular employee may, within five (5) 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. 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 Page 9 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. A. Ten (10) years of total service, an additional five (5) percent of dollar value of employee's current pay rate. Page 10 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 six (6) consecutive working days, or ten (10) days within a thirty day time frame, the employee shall be compensated at the higher rate of pay. 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. Page 11 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 five (5) 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. 4.15 EVALUATION Page 12 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 five (5) 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'/z%), 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 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. Page 13 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. Article 5: SEPARATIONS 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: A. The position has been abolished. B. There are insufficient funds. Page 14 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 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. Page 15 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: 1 - 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 Page 16 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. 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. Page 17 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 one hundred seventy-five dollars ($175) a week compensation for carrying and monitoring a beeper or cell phone. 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. 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. Page 18 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 1/1/2020 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1 %) of their gross wages for the previous calendar year. (Payable on the first pay period after ratification by both parties). Effective 1/1/2021 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1 %) of their gross wages for the previous calendar year. Effective 1/1/2022 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1 %) of their gross wages for the previous calendar year. Effective 1/1/2023 all Bargaining Unit employees shall receive a bonus check equal to point five (0.5 %) of their gross wages for the previous calendar year. Article 8: LEAVE Page 19 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. 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 Page 20 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. 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 Page 21 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) 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. Page 22 Up to eighteen (18) weeks within a twelve (12) month period may be 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. 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 Page 23 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. 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 Page 24 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 1 st January Martin Luther King's Birthday 3rd Monday in January Washington's Birthday 3rd Monday in February Seward's Day Last Monday in March Memorial Day Last Monday in May Independence Day 4th July Labor Day 1St Monday in September Veteran's Day 11th November Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25th December Employee's Birthday An employee's birthday shall be observed on a workday mutually agreed to by the employee and the Employer Page 25 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. 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: Page 26 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 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 Page 27 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, in accordance with the provisions set forth herein, may be grounds for disciplinary action up to and including termination. Provided, however, that any employee who has verified that they were unable to return to duty due to weather and/or an emergency shall not be subject to disciplinary action under this section. 8.17 SICK LEAVE BANK 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. 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 Page 28 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. 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; Page 29 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 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 Page 30 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. 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 five hundred dollars ($500) 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 Page 31 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 11.4 SPECIAL TRAINING Employee Name (Print) Supervisor Name (Print) Employee Signature Supervisor Signature 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 Page 32 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. 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 Page 33 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. 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 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 January 1,2020: Page 34 Coverage All Employees Total Premium KIB Pays $2152.00 $1983.00 Employee Pays $169.00 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 twenty (20) 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 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. Page 35 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 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: 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 Page 36 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 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. Page 37 13.4 PAYCHECK 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 leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule- 100%- chedule: 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 d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. 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. Page 38 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 to exceed (a maximum of one month's salary for above noted employee) defray the transportation costs of a move 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. 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 reimbursement of Seven hundred dollars ($700) per year shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined on the clothing reimbursement form. 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. Page 39 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. 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 Page 40 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. 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). Page 41 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. 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. Page 42 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. 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 Page 43 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. d. The signatures of the grievant(s) and the shop steward. 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. Page 44 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. 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 Page 45 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. 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 17.1 UNION SECURITY A. All employees covered under the terms of this Agreement who are not already Union members may make application to join the Union as a full member or become an agency fee payer. B. The Employer agrees that it will not encourage employees to resign or relinquish membership in the Union or revoke authorization of the deduction of fees to the Union. C. The Employer shall not discourage an employee from joining the Union or becoming an agency fee payer. D. The Employer agrees that it will not disclose home addresses, personal telephone number(s), personal cell phone number(s), or personal e-mail address(es) of any employees except to the Union or as needed for legitimate Borough needs. Page 46 E. Nothing in this agreement prohibits the Union from charging a nonmember for the cost of a grievance and/or arbitration filed at the request of the nonmember. 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. 17.3 GOOD STANDING WITH UNION The Borough recognizes the Union reserves the right to discipline its members for any violation of Union laws, rules or agreements. 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 Page 47 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 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 Page 48 a. Negotiations may be requested by either party prior to January 15th of the fiscal year in which the contract may expire. Such negotiations shall begin no later than March 1St 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 March 1 and May 30. It is mutually agreed that the negotiations cannot be held prior to March 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 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. f. 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 party engaging their services. g. The Borough and IBEW agree to participate in "good faith" negotiations. h. 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 Page 49 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 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 a. 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: Page 50 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. 4. 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. b. If the mediation meetings are held during the workday, employees representing an employee bargaining agency shall be released from normal duties without penalty 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 1. 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. 4. 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 Page 51 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. Article 20: TERM OF AGREEMENT 20.1 TERM OF AGREEMENT This agreement shall become effective at 12:01 a.m. on January 1, 2020 and this agreement shall continue in full force and effect through and including midnight on June 30, 2023, 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. Page 52 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 m INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1547 AGREED to this day of 200A . John R} ' ems" Sho Ste and Keith Morin, Shop Steward KODIAK ISLAND BOROUGH AGREED to this day of / �(� , 20 By: /nv� Pe—�� Mic owers, Borough Manager { Attest: Tara Welinsky, Borough Clerk