Alan C. Davis, Esq. Davis and Fieno 22 Battery Street, Suite 1000 San Francisco, CA 94111 James E. Halvorson Esq. Deputy Attorney General Employment Law Division Department of the Attorney General State of Hawaii 235 Beretania Street, 15th Floor Honolulu, HI 96813 Duane W.H. Pang. Esq. Deputy Corporation Counsel Department of Corporation Counsel City and County of Honolulu 530 South King Street, Room 110 Honolulu, HI 96813 Christopher P. Schlueter. Esq. Deputy Corporation Counsel Department of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, HI 96720 Gary Y. Murai, Esq. Deputy Corporation Counsel Department of the Corporation Counsel County of Maui 200 South High Street, 3rd Floor Wailuku, HI 96793 Stephen F. Hall, Esq. First Deputy County Attorney Office of the County Attorney County of Kauai 4444 Fiice Street, Suite 220 Lihue, HI 96766 1185 Kaeleku Street Honolulu, HI 96825-3007 February 22, 2016 Dear Gentlemen: I have enclosed a copy of the Arbitration Panel's Award and Decision for Bargaining Unit 14. On behalf of the Panel, I want to thank the representatives of the Union and Employer for their very thorough and comprehensive presentations- The presentations reflected great efforts by both parties to ensure that the Panel was presented exhaustive information relating to the unresolved issues pending before the Panel. Through testimony and exhibits. the Panel was made aware of the fact that the likely intent of the legislature in creating Bargaining Unit 14 was to enable members of this new unit to negotiate wages. hours and working conditions that are unique to the unit in accordance with provisions of Chapter 89. Accordingly, the Panel is making an award that while significant in terms of costs is premised on the uniqueness of the new bargaining unit comprised of Law Enforcement Officers and Ocean and Water Safety Officers, who are evolving from Bargaining Units 3 and 4 and in consideration of salary comparison presented. While the award is much more than what the employer had offered to this bargaining unit and had been accepted by other bargaining units. the award is far less than what the Bargaining Unit had proposed. Sincerely, c: Nora Nomura. Union Panel Member James Nishimoto, Employer Panel Member Enclosures INTEREST ARBITRATION DECISION AND AWARD PRELIMINARY STATEMENT This dispute arises under the provisions of Chapter 89 of the Hawaii Revised Statutes (HRS). The Statute sets forth substantive and procedural requirements with respect to the resolution of disputes between public employers and their exclusive representatives. Among other things, the law requires the Parties to reach impasse, exhaust mediation, and proceed to arbitration. In this dispute, the individual Parties are the State of Hawaii, the Counties of Hawaii, Maui, and Kauai, and the City and County of Honolulu (collectively hereinafter Employer) and the Hawaii Government Employees Association, AFSCME Local 152, (hereinafter Union). The Union is the duly certi?ed exclusive representative of the employees in Bargaining Unit (BU) 14 and is authorized to negotiate a collective bargaining agreement on their behalf with the public employer, pursuant to On July 31, 2015, the Hawaii Labor Relations Board (HLRB) was noti?ed that the Parties had selected Mr. Wayne Yamasaki to serve as the impartial Chairperson for the above referenced dispute. The Parties also appointed their respective panel members, Ms. Nora Nomura, Union Panel Member and Mr. James Nishimoto, Employer Panel Member. Pursuant to an order of the Hawaii Labor Relations Board (HLRB), the Parties submitted to the Chair their ?nal positions on the disputed issues as provided in HRS ?89?1 1 and as modi?ed by their mutually agreed upon arbitration procedure. Act 137, 2013 Session Laws of Hawaii (SLH), established a new collective bargaining unit to represent state Law Enforcement Of?cers and state and county Ocean Safety Of?cers and Water Safety Of?cers. The HLRB Decision Order No. 2949, dated November 7, 2013, granted the Petition for Clari?cation or Amendment of the Appropriate Bargaining Unit relating to those positions that constitute BU 14 and further ordered the transfer of those positions from BUs 3 and 4 to BU 14. Act 137 further provided that the rights, bene?ts, and privileges currently enjoyed by state Law Enforcement Of?cers and state and county Ocean Safety Of?cers and Water Safety Of?cers, including those rights, bene?ts, and privileges under ?78, and ?88, shall not be impaired or diminished as a result of these employees being transitioned to the newly created BU 14. The transition to the new BU 14 shall not result in any break in service for the affected employees. Additionally, the rights, bene?ts, and priviieges currently enjoyed by state Law Enforcement Of?cers and state and county Ocean Safety Of?cers and Water Safety Of?cers shall be maintained under their existing collective bargaining agreements and any successor agreement until a collective bargaining agreement is negotiated for the new BU 14. Bargaining Unit 14 is comprised of approximately 729 full time equivalent employees - 292 Deputy Sheriffs; 91 Conservation and Resources Enforcement Of?cers; 16 Harbor Enforcement Of?cers: and 330 Water/Ocean Safety Of?cers (WSO). PROCEDURAL HISTORY On January 14, 2015, the Hawaii Government Employees Association (HGEA) ?led a written notice informing the HLRB that an impasse had been reached in contract negotiations. On or about January 16, 2015, the HLRB issued Order No. 3047 appointing Federal Mediator Carol Catanzariti to mediate the present dispute. Mediation efforts were unsuccessful. During negotiations. HGEA Field Services Of?cer Sanford Chun served as the Union spokesperson. James Nishimoto, Chief Negotiator Of?ce of Collective Bargaining, served as the Employer spokesperson. Where an impasse exists in contract negotiations between the Employer and the Exclusive Representative, the impasse may be resolved through a procedure involving mediation and culminating in ?nal and binding arbitration, pursuant to or an alternate impasse procedure, as authorized under On or about February 2, 2015, pursuant to the Parties entered into an agreement to utilize an alternate impasse procedure to resolve all remaining issues with respect to a new BU 14 collective bargaining agreement covering the period from July 1, 2015 through June 30, 2017. This alternate impasse procedure was subsequently amended on May 14, 2015, June 25, 2015 and September 14, 2015 by mutual agreement of the Parties. The alternate impasse procedure further provided for the submission of Final Positions by the Parties to the Panel on October 16, 2015. On or about October 16, 2015, the Parties transmitted their Final Positions to the Panel, which included tentative agreements reached between the Parties. A hearing was convened on November 16, 2015 through November 20, 2015 at the State Of?ce Tower, 235 South Beretania Street, in Honolulu, Hawaii. On November 21, 2015. the hearing was concluded at the headquarters of the HGEA, 888 Mililani Street, in Honolulu, Hawaii. A certi?ed court reporter from the ?rm of Donna N. Baba 8 Associates recorded and transcribed the proceedings, which consisted of 1,065 pages. The Employer submitted a pre-hearing brief and both Parties submitted post-hearing briefs which were received on or about January 13, 2016. Evidence was presented through 13 Exhibits submitted by the Employer, but identi?ed as Joint Exhibits. 19 Employer Exhibits, 52 Union Exhibits, and the testimony of 20 witnesses. APPEARANCES For the Employer James E. Halvorson, Esq. Deputy Attorney General Jeffery A. Keating, Esq. Deputy Attorney General Claire Chinn, Esq. Deputy Attorney General Duane W.H. Pang, Esq. Deputy Corporation Counsel, City 8 County of Honolulu Christopher P. Schlueter, Esq. Deputy Corporation Counsel, County of Hawaii Stephen F. Hall, Esq. First Deputy County Attorney, County of Kauai Gary Y. Murai, Esq. Deputy Corporation Counsel, County of Maui For the Union Alan C. Davis, Esq. Davis-Reno, San Francisco For the Employer: Patrick Kilbourne Wesley Machida Deanne Sako Captain Allen Nagata Sergeant Ronald Taira Lily Chu Lisa Hodges Mark M. Nakagawa Robert Westerman Colin Yamamoto Ian T.T. Santee Ralph Schultz For the Union Michael Messina Timothy Reilly Lieutenant Michael S. Oakland Audrey Kahawai-Kekipi Myron Widrig Sergeant Edward C. Stankos Melvin Noa Pu'u Sanford Chun WITNESSES Managing Director, Berkeley Research Group Director, Budget and Finance, State of Hawaii Director, Finance, County of Hawaii Honolulu Police Department Honolulu Police Department Personnel Program Manager, DHRD Safety Personnel Program Manager, DHRD Classi?cation DHRD, Labor Relations Fire Chief, County of Kauai Battalion Chief, County of Maui Deputy Director, Honolulu Emergency Services Budget and Finance, State of Hawaii Labor Economist, American Federation of State, County and Municipal Employees (AFSCME) CPA, Timothy F. Reilly Deputy Sheriff, Bargaining Team Member Deputy Sheriff, Bargaining Team Member Deputy Sheriff, Bargaining Team Member Deputy Sheriff Ocean Safety Officer, Bargaining Team Member Field Services Of?cer, HGEA TENTATIVE AGREEMENTS Prior to the interest arbitration process, the Union and the Employers were able to reach tentative agreements on the following provisions (which are listed in alphabetical order for ease of reference): Provisions Alternative Work Schedules Call Back Pay Con?ict Discipline Drug and Alcohol Testing Duration Entirety Clause Family Leave Funeral Leave Grievance Procedure Grievances Related to Adverse Action for Failure to Meet Performance Requirements Hawai?i Employer-Union Health Bene?ts Trust Fund Holidays Leave for Industrial Injury Leave for Jury or Witness Duty Leave of Absence for Union Business Maintenance of Rights and Bene?ts Meals Military Leave Miscellaneous Night Differential No Strike or Lockout Other Leaves of Absence Overtime Parking Personal Rights and Representation Personnel File Personnel Policy Changes Promotions Recognition Reduction-ln-Force Rest Periods and Lunch Period Rights of the Employer Sabbatical Leave Safety and Health Shift Work Show-Up Time and Reporting Pay Sick Leave Split Shift Pay Standby Pay Technological Changes Temporary Assignments Provisions Time Off for Blood Donation Time Off for Overtime Worked Training and Development Travel Union Representation Rights Union Security Vacation Leave Workers? Compensation Leave Bene?ts The Parties' Tentative Agreements listed above are attached hereto and incorporated herein. The Panel unanimously ?nds and agrees that the Tentative Agreements listed above are consistent with the statutory criteria governing this proceeding. Accordingly, the Panel orders the Parties to incorporate each of the above Tentative Agreements into their February 22, 2016 June 30, 2017 Collective Bargaining Agreement. ISSUES IN DISPUTE The issues not resolved by the Parties during their negotiations were submitted to the Panel for ?nal and binding arbitration. Pursuant to the alternate impasse procedure for this interest arbitration proceeding, ?nal position statements were received from the Parties on October 16, 2015. The issues still in dispute are as follows: 1. Salaries 2. Compensation Adjustments 3. Differentials 4. Temporary Hazard Pay 5. Uniforms and Equipment FINAL POSITIONS OF THE PARTIES The following is a summary of the ?nal positions submitted to arbitration by the Parties: SALARIES Based on presentations of the Parties, the Panel has concluded that the Parties used the BU 3 salary schedule in effect on June 30, 2015 as the baseline in the formulation of their respective salary proposals. Emgloyer: The Employer proposed salary increases of 4% in FY 2016 and 4% in FY 2017 with no step movements during this contract period. mm In conjunction with its ?ling for impasse with the Hawaii Labor Relations Board on January 14, 2015, the proposal dated June 30, 2014 was the Union's last proposal on the table with the Employer. The Union?s last proposal left blank their proposed percentage increases to the salary schedule. The Union subsequently submitted a revised ?nal position which included 1) increases of 15% in FY 2016 and 15% in FY 2017 were noted (See Section II The Panel?s Decision: Employer's Objection to the Union's Final Position); 2) deletion of the ?rst eleven salary ranges; 3) deletion of the ?rst eight steps of the salary schedule and the addition of eight steps to the maximum of the salary schedule with 4% between each of these added steps; 4) retroactive step movements and retroactive pay for the period of July 1, 2009 through June 30, 2015; and 5) continuation of the step movement plan. Memorandum of Agreement: Act 137, 2013 SLH, provided that the rights, bene?ts, and privileges of the Bargaining Unit 14 employees be maintained under their existing collective bargaining agreements the July 1, 2015 - June 30, 2017 BU 3 and 4 Agreements) and any successor agreements until a collective bargaining agreement is negotiated for the new BU 14. In the context of the provisions of Act 137, the Parties entered into a Memorandum of Agreement dated July 9, 2015 which stated that salary adjustments negotiated for BUs 3 and 4 shall be a consideration in any subsequent negotiated salary adjustments for BU 14. COMPENSATION ADJUSTMENTS Employer: The Employer made some language modi?cations to the existing Compensation Adjustment Articles in the current BUs 3 and 4 Agreements. These modi?cations included: 1) ensuring Compensation Adjustment provisions from the Bargaining Units 3 and 4 Agreements were incorporated, where language differences existed; 2) deletion of language speci?cally referring to BU 3 and/or BU 4; and 3) deletion of language that referenced dates that were obsolete. The Union?s proposal 1) modi?ed the existing BU 3 Compensation Adjustment Article to incorporate the language changes necessary to properly align this proposal with their ?nal position on Salaries and 2) established the minimum number of years required for advancement to the next higher step at three years for all steps. DIFFERENTIALS Employer: No additional differentials were proposed by the Employer. The Union is proposing that a number of new pay differentials be incorporated into the BU 14 Agreement. These pay differentials are summarized as follows: 1) Standard of Conduct Differential (for Law Enforcement Of?cers oniy); 2) pay differentials ranging from 20% - 30% for exposure to unique working conditions (for both Law Enforcement Of?cers and OceanNVater Safety Of?cers); and 3) pay differentials for the performance of functions such as explosive handler, bomb technician. certi?ed medical technician, certi?ed rescue craft operator (for both Law Enforcement Of?cers and Ocean/Water Safety Of?cers. as appropriate). TEMPORARY HAZARD PAY Employer: The Employer proposed that the existing Temporary Hazard Pay Articles in the current BUs 3 and 4 Agreements be incorporated into the BU 14 collective bargaining agreement. The Union incorporated the Temporary Hazard Pay processes in the current BUs 3 and 4 Agreements, by reference only, into their Final Position proposal on Differentials. UNIFORMS AND EQUIPMENT Employer: The Employer proposed that the existing Uniforms and Equipment Articles in the current BUs 3 and 4 Agreements be incorporated into the BU 14 collective bargaining agreement. 10 Mg; The Union proposed to: 1) expand the existing uniform and equipment lists currently identi?Agreements; 2) change the payment methodology for the uniform maintenance allowance; 3) increase the uniform maintenance allowance by $4.00 or $5.00 per month depending on the uniform; 4) change the method of calculating the weapons allowance when an employee renders less than a full month of service; and 5) increase the weapons maintenance allowance by $5.00 per month. STATUTORY CRITERIA In accordance with the the arbitration panel is required to give weight to the factors listed below and shall include in a written opinion, an explanation of how the factors were taken into account in reaching the decision: An arbitration panel in reaching its decision shall give weight to the following factors and shall include in its written report or decision an explanation of how the factors were taken into account: (1) The lawful authority of the employer, including the ability of the employer to use special funds only for authorized purposes or under speci?c circumstances because of limitations imposed by federal or state laws or county ordinances, as the case may be; (2) Stipulations of the parties; (3) The interests and welfare of the public; (4) The ?nancial ability of the employer to meet these costs; provided that the employer?s ability to fund cost items shall not be predicated on the premise that the employer may increase or impose new taxes, fees, or charges, or develop other sources of revenues; (5) The present and future general economic condition of the counties and the State; 11 (5) (7) (3) (9) Comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and conditions of employment of other persons performing similar services, and of other state and county employees in Hawaii; The average consumer prices for goods or services, commonly known as the cost of living: The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization bene?ts, the continuity and stability of employment, and all other bene?ts received; Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings; and (10) Such other factors, not con?ned to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation. arbitration, or otherwise between the parties, in the public service or in private employment. The statute leaves to the discretion of the Panel the weight to be given these criteria as well as how they are to be balanced. The Panel has carefully considered each criteria and has afforded appropriate weight to each in light of the evidence and arguments of the Parties. DISCUSSION As provided for in "The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision." Further, consistent with HRS the Parties agreed that the process 12 would be a mediation-arbitration process rather than restricted to a "?nal offer" type of arbitration whereby the Panel is restricted to the selection of the ?nal offer of one party or the other. Accordingly, the Panel pursued the fashioning of an award in consideration of the respective positions of the Parties and the exhibits, testimony, and arguments presented in the context of the factors speci?ed in HRS As noted, HRS ?89-1 1 provides that, ?An arbitration panel in reaching its decision shall give weight to the following factors and shall include in its written report or decision an explanation of how the factors were taken into account.? Accordingly, the Panel provides the following explanations with respect to each of the factors. Statutory Criteria Factor Explanations 1. The lawful authority of the employer, including the ability of the employer to use special funds only for authorized purposes or under speci?c circumstances because of limitations imposed by federal or state laws or county ordinances, as the case may be. Based on the Parties' presentations and documents submitted, the lawful authority of the Employer is not in dispute. Further, neither the source of funding as it relates to special funds, or any associated limitations relating to the provisions of funds necessary to support any award, was presented by the Employer as issues or considerations to be taken into account by the Panel. 2. Stipulations of the parties. The Parties are in agreement that this dispute is properly before the Panel for resolution. However, the Employer objected to the Union?s Final Position on Salaries. (See Section II The Panel's Decision: Employer?s Objection to the Union's Final Position) 13 3. The interests and welfare of the public. From the perspective of the public served, neither party raised any dispute or issue regarding the contribution of Law Enforcement Of?cers and OceanlWater Safety Of?cers to the interests and welfare of the public by virtue of their respective performance of law enforcement and water rescue duties. From the perspective of the Panel, ?The interests and welfare of the public factor" encourages a determination of wage and bene?t levels that are not overly burdensome to the Employer, yet suf?cient to attract and retain Law Enforcement Of?cers and Ocean/Water Safety Of?cers to serve the interest and welfare of the public. Speci?cally, the Panel has been asked to consider the interests and welfare of the public from the two noted perspectives by resolving the wage issues relating to Salaries, Compensation Adjustments, Differentials, Temporary Hazard Pay, and Uniforms and Equipment. The Parties' presentation and testimony clearly indicates that both Law Enforcement Of?cers and Ocean/Water Safety Of?cers are expected to and unhesitatingly put themselves at risk to carry out their duties. There is no dispute that the interests and welfare of the public are directly linked to the quality of employment for these employees. Therefore, if the public expects to continue to attract and retain persons who possess the courage and dedication of our Law Enforcement Of?cers and OceanNVater Safety Of?cers, we must likewise ensure that such careers are considered attractive by providing suf?cient wage and bene?t levels to these employees. The Panel took note at the arbitration hearing that in the course of creating BU 14, the Legislature received testimony that the creation of BU 14 was in part to enable Law Enforcement Of?cers and OceanNVater Safety Of?cers previously part of BUs 3 and 4, which 14 together comprise the largest of bargaining units and re?ect a much more diverse classi?cation of positions, the ability to address specialized needs of these of?cers including ?tness and equipment requirements, and to improve salaries, bene?ts, and working conditions. The Legislature also recognized that the broad and heterogeneous membership of BUs 3 and 4 increased the complexity and inability to address the specialized needs of the Law Enforcement Of?cers and OceanNVater Safety Of?cers. As such, in its deliberation and deveIOpment of its award, the Panel took into consideration the Legislature?s expression of public policy in the establishment of BU14. In passing Act 137, the Legislature recognized that through collective bargaining, BU14 could realize agreements independent of and at a potentially higher rate of compensation than other BUs including BUs 3 and 4. The Panel has been persuaded by the Union's unwavering advocacy, that a Standards of Conduct (SOC) provision for the Law Enforcement Of?cers be incorporated into this ?rst BU 14 collective bargaining agreement. The evidence indicates that when existing departmental SOC policies are applied, Law Enforcement Of?cers are held to disciplinary work rules on a 24-hour basis. urther, Law Enforcement Of?cers who are subject to these policies carry ?rearms and are required to respond to incidents while off-duty or be subject to disciplinary action for failing to do so, which undeniably serves to further the interest and welfare of the public. Moreover, Law Enforcement Of?cers have a unique standard where they are subject to discipline for off-duty incidents with no nexus to theirjobs. Therefore, as an expression of the commitment to being held to the highest standards of conduct, it is appropriate that professional Law Enforcement Of?cers be compensated with a SOC differential. However, the Panel also recognizes that not all Law Enforcement Of?cers are subject to SOC policies and that for those employees who receive a SOC differential, it is in 15 recognition of the application of SOC rules while on off-duty status. The panel has incorporated language into its award to re?ect its intent. Based on the foregoing discussion, the Panel believes the interests and welfare of the public and Parties are served in this award. 4. The ?nancial ability of the employer to meet these costs; provided that the employer's ability to fund cost items shall not be predicated on the premise that the employer may increase or impose new taxes, fees, or charges, or develop other sources of revenues. The Employer argues that an Employer's ability to pay is relative, not absolute and therefore consideration beyond whether or not the Employer has an absolute dollar amount to meet the cost of the proposed costs and consideration of other priorities competing for the same budgetary dollars and restrictions on the sources of funding. In support of the Employer's premise, Wesley Machida, the Director of the Department of Budget and Finance, provided an overview of the General Fund (GF) ?scal condition explaining that the following factors should be considered to maintain the GF ?scal stability: (1) ?scal year end GF fund balances are expected to decrease due to annual GF spending in excess of annual revenues; (2) the State will need to increase funding in pension and other post-employment bene?ts (OPEB) as the State and counties have unfunded liabilities of $8.6 billion and $8.5 billion, respectively, for the ERS and the SOH Employer Union Health Bene?ts Trust Fund; (3) the State has competing demands for revenues including addressing the homeless situation, the air-conditioning situation within the public schools, and rebuilding the Hawaii State Hospital; (4) the Employer's wage proposal is consistent, fair, and reasonable with what other HGEA bargaining units received, and (5) salary increases have a direct impact on future pension liabilities. He went on to explain that the State should be cautious in its 16 spending for a number of reasons including recurring future costs of collective bargaining salary increases, the demands to address the unfunded liabilities in the pension and OPEB benefits, and competing demands for a ?nite amount of State resources. The pension and OPEB liabilities total $17.1 billion, almost 3 times the FY 16 Executive operating budget billion) and about $12,046 per capita. The Union argues that the Employers provided no evidence to support that they do not have the ability to pay the proposals of the Union. In support of its position the Union cited the testimony and exhibits of Union witness Timothy Reilly who found that the State of Hawaii's tax revenues had improved; that the unrestricted fund balance had signi?cantly improved its ratio to both revenues and expenditures since 2009; and that overall, the State of Hawaii is in excellent ?nancial condition. Reilly cited an October 12, 2015, positive bond rating of the State of Hawai?i from Moody's Investors Service. With regard to the City and County of Honolulu, Reilly noted that while the City and County's GF's total fund balance had declined twice in 2009 and 2014, it almost doubled from July 1, 2008 to $308.8 million as of June 30, 2014. Reilly concluded: "the City's ?nancial position is strong and continues to grow stronger Reilly reached similar conclusions with regard to the County of Maui, ?nding strong ratios of unrestricted funds to revenues and expenditures of 31 .25% and 24.2%, respectively, even though those ratios had fallen from historical highs the previous year and cited Standard Poors that had concluded: ?Maui County's budgetary ?exibility is very Reilly reported that the County of Hawaii?s total tax revenues had experienced strong growth fueled by increases in property taxes, the public utility franchise tax, and the allocation of the public service corporation tax. . . . the Countst property tax revenues experienced strong growth through the 2016 year, with no sign of a slowdown in the near future. With regard to Kauai, Reitly found that the Kauai County unrestricted fund balance to revenue and expenditure ratios were very high for ail of the years reported. Reilly noted, however, that Fitch was the only agency to downgrade Kauai's bonds. Based on a review of the ?nal wage offers submitted by the Parties, it is clear that the Parties remain far apart with regard to proposed wage increases. The Employer?s last best ?nal wage proposal was a four percent across-the-board (ATB) for ?scal year (FY) 2016 and four percent ATB for FY 2017. In contrast, the ?nal overall wage proposal submitted to the arbitration panel included an ATB, changes in salary structure, step movements, and standards of conduct pay that totaled to a 74% increase in FY 16 and 16% increase in FY 17 for a total of 101% overall wage increase in the Fiscal Biennium (FB). As an indicator of the ?nancial ability of the Employer, Act 137 provided that the rights, bene?ts, and privileges currently enjoyed by state Law Enforcement Of?cers and state and county Ocean Safety Of?cers and Water Safety Of?cers shall not be impaired or diminished as a result of these employees being transitioned to the newly created bargaining unit 14. Accordingly, the Employer executed a Memorandum of Agreement that provided for ?scal year 2015-2016, BU 14 employees already received the same salary increases and catch-up movements as BUs 3 and 4 which resulted in a 5.55% increase to base (ITB). If the BU 14 employees were to continue to follow the BU 3 and 4 adjustments for FY 2016-2017 it would result in a 2.69% ITB million), for a total of 8.38% ITB million) for the Biennium. The Panel concluded that given the Memorandum of Agreement executed between the Parties for the ?rst year of the agreement and premised on the conjecture that the 1B employer ensured that it had the resources available to fund its ?nal wage offer and the testimonies of Maohida and Reilly, the Panel concluded that the Employer has the ability to pay. Further, the Panel concludes that the Employer's submission of its last best ?nal wage proposal of a four percent across-the-board (ATB) for ?scal year (FY) 2016 and four percent ATB for FY 2017 serves to demonstrate both a willingness to pay, and con?rmation of the ability to pay, BU 14 employees over the two-year contract period and in the context of the ?nancial plan presented. As a practical matter, all that should remain for arbitral determination is whether that portion of the Union's proposal that is in excess of what the Employer has proposed is reasonable and appropriate under the criteria. In summary, while the Panel ?nds that the State of Hawaii does have the ability to pay for some level of wage increases to members of BU 14, the Panel recognizes that wage increases must also be both reasonable and appropriate in light of what other bargaining unit employees have received. While the Employer is neither obligated nor required to extend the terms of an arbitrated award or settlement to other bargaining units, the Panel recognizes that in the collective bargaining process, some impact on subsequent negotiations, settlements, and awards involving other bargaining units is inevitable, especially with regard to those units that are perceived as being similarly situated for purposes of facilitating a relevant, and thus realistic comparison. In the process of devolving BU 14 from BUs 3 and 4, the Panel concluded that it was appropriate to restructure the BUs 3 and 4 salary schedule in its award. Accordingly the Panel?s award aggregates concepts from the Union?s ?nal position that proposed the dropping of salary ranges, the dropping and adding steps and the concept from the Employer's ?nal position to provide an ATB adjustment. The cost of the award structured 19 herein by the Panel for BU 14 employees is approximately $10 million more than the Employer?s ?nal offer, and $84 million less than what the Union had proposed in its revised ?nal position. Based on projected tax revenues and the overall health of the Employers' revenues, the Panel concludes that resources should be available to fund the additional $10 million cost beyond the Employer's ?nal offer over the contract period. 5. The present and future general economic condition of the counties and the State. As noted in the previous section, in determining its award, the Panel took into consideration that the ?nancial ability of the Employer to meet these costs; provided that the Employer's ability to fund cost items shall not be predicated on the premise that the Employer may increase or impose new taxes. fees, or charges, or develop other sources of revenues. The Panel's award is predicated on its belief based on the presentations of Machida and Reilly that funds are available without the Employer having to resort to imposing new taxes, fees, or charges, or develop other sources of revenues. As noted in an earlier section, Machida provided an overview of the GF ?scal conditions noting the factors that should be considered to maintain the GF ?scal stability: (1) annual general fund expenditures exceeding annual revenues; (2) the need to increase funding in pension and other post-employment bene?ts to pay down unfunded liabilities of $8.6 billion and $8.5 billion; (3) the State's need to address competing demands for revenues, homeless, air-conditioning public schools, and rebuilding the Hawaii State Hospital; (4) wage proposals that are consistent, fair, and reasonable with other HGEA bargaining units, and (5) the impact of salary increases on future pension liabilities. Further, Machida cautioned that for a number of reasons including recurring future costs of collective bargaining salary increases, the competing demands to address the unfunded liabilities in the 20 pension and OPEB bene?ts, and competing demands for other initiatives for a ?nite amount of State resources will impact the availability of funds. The Union argues that the economy of the State of Hawaii is ?on a roll" pointing to reports that tourism has had a phenomenal year in 2015, hotels are ?lled and hotel rates have been rising, the construction industry is on a rebound, state and local revenues are on a dramatic rise and labor market conditions have improved and unemployment has dropped. In support of its conclusions, the Union cited State of Hawaii Council on Revenues, which projected growth from the previous year of 6.8% in 2015, 6.0% in 2016, 5.5% in 2017, and 5.5% in 2018; the State of Hawaii Department of Business, Economic Development Tourism, which reported the August 2015 report projects that the Hawaii economic growth rate for the 2015 calendar year will be 1.9% and that the rate will be 2.3% for the 2016 calendar year; and the Hawaii Tourism Authority (HTA), which reported that July 2014 was the strongest month for visitor arrivals on record and that visitor arrivals increased spending by 3.5% for the ?rst seven months of the year, contributing $958.17 million in state tax revenue, an increase of 3.6% year over year. The Panel is inclined to agree with the conclusion of UHERO State Forecasts, which reported that not only does the economic outlook continue to look bright with tourism pushing toward new records but that a construction upswing is building strength. 6. Comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and conditions of employment of other persons performing similar services, and of other state and county employees in Hawai'i. The Berkeley Research Group (BRG) headed by Patrick Kilbourne, Managing Director, provided an independent assessment of the Employer's wage proposal in light of 21 the comparison of wages received by similarly situated persons and the overall compensation received by BU 14 employees. Kilboume conducted a compensation analysis of BU 14employees to three different groups: (1) other State public sector bargaining units; (2) the Hawaii labor market, including Federal employees working in Hawaii; and (3) to a certain extent, nationally. After conducting a comprehensive compensation analysis, Kilboume concluded that the Employer's 4% ATB wage proposal for each year of FY 2016 and FY 2017 is consistent with annual wage increases agreed to by the State's 12 other bargaining units, and higher than the 2% median wage increase in the Hawaii labor market for nionized employees for the same period. Further, the wage analysis shows the Employer?s wage proposal will continue to keep the wages and overall compensation package of BU 14 competitive. The wage comparison analysis shows that: (1) the BU 14 wages compared with other similar employees performing the same services are higher, (2) the BU 14bene?ts are 64% of their wages and substantially better than the Hawaii labor market and the nation, and (3) the macroeconomic data low turnover, higher tenure, and low unemployment) demonstrate that the overall compensation and conditions of employment of BU 14 employees is better than similarly situated employees. Mr. Kilboume presented very detailed wage comparisons by bargaining unit and between other employees performing similar services in Hawaii. The Panel also heard testimony and received exhibits from Michael Messina, Assistant Director of Department of Research and Collective Bargaining who has provided wage surveys, comparability data and testimony in prior interest arbitrations for HGEA since 2000. In this arbitration, as in the past, Messina drew comparisons 22 between positions in Hawaii to like positions in West Coastjurisdictions. Messina explained that using these mainland comparisons is a long standing practice established in previous Hawaii state and county interest arbitrations. This practice has been accepted by prior arbitration panels and arbitrators have rendered awards based on the comparisons with these jurisdictions. Mr. Messina testi?ed that his wage analysis for these proceedings looked at workers who performed similar activities in comparable jobs, matching their earnings, and also looked at these wages in light of cost of living as measured by the CPI. Wage Comparison: Internal comparability to other bargaining units. The arbitration panel is required to consider the compensation of other State employees in Hawaii. In that regard, the Employer's ?nal wage proposal of 4% was in line with almost all bargaining units in public employment. Twelve (12) bargaining units, representing more than 53,500 union employees, have agreed to 2015-2017 annual wage increases of approximately This 4% wage increase is higher than the 2% median wage increase in the Hawaii labor market for unionized production and service employees for 2015 and the projected median for 2016. Wage Comparison: Comparability to other employees performing similar services and of other state and county employees in Hawaii. BU 14 is comprised of four distinct positions: Water Safety Of?cers (45% of BU 14), Deputy Sheriffs (40% of BU 14), Conservation and Resources Of?cers (CREO) (13% of BU 14), and Harbor Enforcement Officers of BU14). Ocean/Water Safety Of?cers: Kilboume focused his wage comparison to Water Safety Of?cer and the Deputy 23 Sheriffs because these two groups comprise 85% of the employees within BU 14. For Water Safety Of?cers, Kilboume based his analysis using lifeguards in Hawaii as well as emergency medical technicians. In comparison to comparators. Water Safety Of?cers are making 18% to 66% higher than lifeguards in Hawaii or for the federal government. In comparing WSOs to emergency medical technicians (EMT) on a national comparison. lifeguards make 60% of EMT's pay. However, at the II level, the independent worker level, W805 and EMTs are paid about the same and at the ievel, Water Safety Of?cers make more than Ill level EMTs locally. The salaries of Water Safety Of?cers are approximately the same as the EMTs in BU 10. Water Safety Of?cers? salaries are 18% to 66% more than federal lifeguards in Hawaii and Water Safety Of?cers' salaries are higher than lifeguards in all other states. In his review. Michael Messina testi?ed that comparisons were limited due to the unique responsibilities of Water Safety Of?cers in Hawaii. Messina testi?ed that he determined three suitable matches for Hawaii Counties' Water Safety Of?cer ll's with Ocean Safety Of?cer II positions in Long Beach, Los Angeles County, San Diego, CA. In these comparisons. Hawaii's Water Safety Of?cers ranked last in minimum rates and third out of four in maximum rates. Furthermore, it took Hawaii's Water Safety Of?cers 31 years to reach the maximum step as compared to 3.5 or 4 years for the mainland comparisons. Upon adjustment for differences in cost of living between Hawaii and locations of these comparable positions, Hawaii ranked 4th out of 4 in ranking of salaries with differences ranging from over 116% at the minimum rate to nearly 55% at the maximum rate. 24 Deputy Sheriffs: The Deputy Sheriffs' responsibilities vary depending on the assigned unit: patrol (43% of Deputy Sheriffs in BU 14), cell block (36% of Deputy Sheriffs), other special operation (12% of Deputy Sheriffs), and protection of Deputy Sheriffs). However, the Panel notes despite this difference in work assignment, Deputy Sheriffs are expected to be able to perform all the duties of the respective class they belong to, Deputy Sheriff I through IV, and all Deputy Sheriffs can be transferred between any of the assigned units. Kilboume testi?ed that the wages of Deputy Sheriffs assigned to the patrol units are higher than other State employees performing similar services, Le, 35% higher than parking and security of?cers, 12% higher than bailiff and security of?cers, and 8% higher than University security of?cers. The wages of Deputy Sheriffs assigned to the cell block units is 12% higher than court bailiffs and 4% lower than correctional of?cers in BU 10. Although the wages of Deputy Sheriffs in the special operations units are 28% less than the Honolulu and County police officers the special operations units comprise only 12% of the total Deputy Sheriffs in BU 14. Even the most extreme difference in pay of 28% as compared to SHOPO pales in comparison to the 101% wage increase proposed by the HGEA. Finally, although the Deputy Sheriffs assigned to the Capital and Airport areas also perform patrol duties similar to the Honolulu and County police of?cers, it is a very small function of the overall responsibilities because of the limited patrol area of responsibility. In sum, Kilboume's wage comparison analysis shows that the wages of the majority of employees in BU 14 are competitive with or exceeds that of employees performing similar duties in Hawaii. Additionally, Deputy Sheriffs in Hawai?i make 13% less than the federal police officers in Hawaii. 25 Michael Messina testi?ed that the wage survey he provided to this Panel is based on information his staff obtained through phone calls and email to city and county human resource (HR) departments, by reviewing information received through email or on the web and in follow up conversations with respective HR departments. Through these means, direct comparisons were found in the Deputy Sheriffs in King County, Los Angeles County. Multnomal County, and San Diego County, CA. Messina testi?ed that Deputy Sheriff II were chosen because it is the most popuious class in the Deputy Sheriff series and represent the line orjourney level. There are about 240 Deputy Sheriff in this bargaining unit of 729 employees. In the most startling comparison to Hawaii Deputy Sheriff lls. King County Deputy Sheriff are paid 100% more at the minimum step and more than 59% at the maximum step. When adjusted for cost of living, Hawaii ranks sixth out of six in the comparison of Deputy Sheriff ll pay, with percentage differences ranging from more than 213% at the minimum rate to 114% at the maximum step. Based on testimony from Deputy Sheriffs in the bargaining unit regarding work assignments, there are clear similarities in duties and responsibilities that warrants comparison with Hawaii Police Of?cers in Bargaining Unit 12. Deputy Sheriffs testi?ed that they are engaged in all facets of law enforcement operations including fugitive, canine (explosives), transport, courts, patrol. cellblock. administrative, executive protection, as well as duties ranging from arrest, custody, investigation and prosecution of cases to emergency operations. Messina?s review of wages between these two groups of employees ?nds a 32.8% to 47.5% difference in salaries at the journey level. Messina also provided a comparison of wage increases for BU 14 employees from July 1, 2005 through June 30, 2017 with other ??rst responders", employees primarily 26 engaged in providing services essential for the preservation of public health and safety in the state and counties. In the last 10 years, BU 14 employees have realized only a 20.5 percent increase in across the board wages on a compounded basis. In comparison, Nurses in Bargaining Unit 09 received 44.2 percent; the Fire Fighters Union in Unit 11 received 55.6 percent; and Police in SHOPO, Unit 12 received 61.2 percent. The Panel agrees that BU 14 is comprised of employees who are so-called "?rst- responders". The Panel ?nds that while there are similarities between Law Enforcement Of?cers in BU 14 and Police Of?cers in BU 12, the Panel recognizes that there is suf?cient distinction between these two groups for the Legislature to have assigned Law Enforcement Of?cers to BU 14 rather than to BU 12. Therefore, the Panel gave due consideration and weight to the similarities as well as the differences between Law Enforcement Of?cer and Police in determining what constitutes a reasonable and appropriate award for BU 14. The Panel is also persuaded by the information indicating that Law Enforcement Of?cers lag behind federal police of?cers in Hawai?i as well as by the signi?cant difference in salaries when compared to comparable positions in otherjurisdictions. Therefore a new single restructured salary schedule should be created increasing the rate of compensation paid Law Enforcement Of?cers. The Panel appreciates the fact that Water Safety Of?cers in Hawai'i, unlike federal lifeguards in Hawaii and the Ocean Safety Of?cers of other states are confronted with the challenges of patrolling beaches like Waimea Bay, Sunset Beach, Sandy Beach, Makaha Beach, and other similar publicly accessible and remote beaches on the neighbor islands that have the potential for very high waves, very strong currents, a mix of surfers and 27 inexperienced tourist swimmers. Notwithstanding the arguments that Water Safety Of?cer's compensation is currently competitive with the EMTs, the Panel is persuaded by the Union's arguments and information presented that some adjustment is warranted. Law Enforcement Of?cers and Water Safety Of?cers are devolving from BUs 3 and 4 that have single salary schedules. For this ?rst BU 14 collective bargaining agreement, the Panel believes that for transition purposes, a single salary schedule should be created for the new BU 14 and used for both the Law Enforcement Of?cers and Water Safety Of?cers. In future negotiations, the Employer and Union may choose to reevaluate the design of the salary schedule. Therefore, the Panel believes it is appropriate to assign both Law Enforcement Of?cers and Water Safety Of?cers to the same adjusted salary schedule as provided for in this award. 7. The average consumer prices for goods or services, commonly known as the cost of living. The Parties are in agreement that with the exception of a limited number of cities on the continental United States, the cost of living in Hawaii is significantly higher than many of the otherjurisdictions on the continental United States, albeit the magnitude of the difference in the cost of living may be in dispute. The higher cost of living in Hawai'i is a fact of life, not only for the members of BU 14, but for employees in all other BUs and for that matter all of the citizenry of Hawai?i. The Panel did consider the arguments, exhibits, and testimony presented by the Parties regarding the cost of living as a factor in determining its award. Inasmuch as the 28 statutory language does not explicitly state the manner by which the factor speci?ed in HRS is to be used, the Panel exercised its discretion and gave appropriate "weight" to the cost of living factor in the context of all other factors speci?ed in HRS ?89? 110'). 8. The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization bene?ts, the continuity and stability of employment, and all other bene?ts received. A. Wages Employer: The Employer proposed salary increases of 4% in FY 2016 and 4% in FY 2017 with no step movements during this contract period. QM In conjunction with its ?ling for impasse with the Hawaii Labor Relations Board on January 14, 2015, the proposal dated June 30, 2014 was the Union's last proposal on the table with the Employer. The Union?s last proposal left blank their proposed percentage increases to the salary schedule. The Union subsequently submitted a revised ?nal position in which 1) increases of 15% in FY 2016 and 15% in FY 2017 were noted (See Section II - The Panel's Decision: Employer?s Objection to the Union?s Final Position); 2) deletion of the ?rst eleven salary ranges; 3) deletion of the ?rst eight steps of the salary schedule and the addition of eight steps to the maximum of the salary schedule with 4% between each of these added steps; 4) retroactive step movements and retroactive pay for the period of July 1, 2009 through June 30, 2015; and 5) continuation of the step movement plan. Memorandum of Agreement: In the context of the provisions of Act 137, 2013 SLH, the Parties entered into a Memorandum of Agreement dated July 9, 2015 which 29 provided for the application of ?catch-up step movements," that is the movement of employees to the appropriate step to which they would have been assigned had step movements not been suspended. As a consequence of the movement, individual employees moved anywhere from one to four steps, with each step equating to a pay increase of 4% for a total cost of $2.6 million. The Employer argues that it's last best ?nal wage proposal of a four percent (4 across-the?board (ATB) for ?scal year (FY) 2016 and four percent ATB for FY 2017 is in line with wage increases for all other BUs that have settled with the State and is consistent with the State's ?nancial plan. In comparison, the Union's proposal includes an ATB (assuming that the disputed Union's revised ?nal position is recognized). changes in salary structure, step movements, and standards of conduct pay that amounts to a 101 overail wage increase in the FB. This calculation does not include the one-time retroactive step movements proposed by the HGEA, which would increase the proposal above 101% for the FB. Further, the Employer argues that a cost analysis of the Parties? respective wage proposals shows how each proposal impacts the State's General Fund. The Employer's 4% ATB wage proposal on July 1 st of each year of the FB totals $2.9 million. For FYs 2016 and 2017, appropriations amounting to $3.3 million for BUs 3 and 4 have already been approved by the Legislature, and this amount included appropriations for BU 14. The Employer's reasonable wage proposal is in line with what was offered and accepted by other HGEA BUS, and is consistent with the State's ?nancial plan. By contrast, the HGEA's wage proposal, based on its revised ?nal position would provide for a 15% ATE increase on July 1 of each year of the FB plus various differentials, totals $46.6 million for the FB. In other words, HGEA's overall wage proposal amounts to an astounding 74% increase in FY 2016 and a 16% increase in FY 2017 or 101% for the FB, with a corresponding increase in the State's pension liabilities. Finally, the Panel is appreciative of the potential impact of the HGEA's wage proposal of $46.6 million for only 407 State law enforcement BU 14 employees, resulting in an inordinately large per capita wage increase of over $100,000 per full-time equivalent. In addition, the Panel ?nds that pursuant to Act 137, 2013 SLH, the rights, bene?ts, and privileges currently enjoyed by state Law Enforcement Of?cers and county Ocean Safety Of?cers and Water Safety Of?cers should not be impaired or diminished as a result of the transition to BU 14. Therefore, in the Compensation Article for step movement purposes, the same employees who are transitioned to BU 14 should not lose any creditable service earned in BU 3 and/or 4 prior to the transition to BU 14. The Panel also recognizes that Act 137, 2013, SLH, applies to current employees transitioning into BU 14 and should not, therefore, apply to employees who enter BU 14 after the transition date. Finally, for purposes of step movement, all employees shall be required to serve a minimum of three (3) years of creditable service at their existing step before moving to the next higher step. B. Bene?ts. BU 14 employee bene?ts are substantially better than the Hawaii labor market and the nation. BU 14 employees? bene?ts are 64.34% of their compensation. in other words, in addition to what BU 14 employees earn in wages, BU 14 employees receive an additional 64.34% of their wages in bene?ts. By comparison, other employees in the Hawaii labor 31 market earn substantially less of their wages in bene?ts, 36.7%, or a little more than half of what BU 14 employees receive. The Employer argues that consideration of macroeconomic indicators, turnover and length of service support Kilbourne's analysis and ?nding that BU 14 employees' total compensation, which includes wages, hours, and conditions of employment, are equal to or better than workers performing the same services. C. Differentials Employer: No additional differentials were proposed by the Employer. The Union is proposing that a number of new pay differentials be incorporated into the Bargaining Unit 14 Agreement. These pay differentials are summarized as follows: 1) Standard of Conduct Differential (for Law Enforcement Of?cers); 2) pay differentials ranging from 20% - 30% for exposure to unique working conditions (for both Law Enforcement Of?cer and Water Safety Of?cer); and 3) pay differentials for the performance of functions such as explosive handler, bomb technician, certi?ed medical technician, certi?ed rescue craft operator (for both Law Enforcement Of?cer and Water Safety Of?cer, as appropriate). 1} SOC Differential: The Panel is persuaded that when Law Enforcement Of?cers are expected to respond to situations and perform their law enforcement functions whether on or off duty, 24 hours per day, employees shall conduct themselves in accordance with departmental established SOC and accordingly should be compensated. However, this differential is predicated on 1) the continuation of the performance of law enforcement duty expectations; 2) 24-hours per day; and 3) whether on or off duty, and 32 should any of the aforementioned three conditions be discontinued, so too should this additional compensation. Other differentials: The Union argued and presented supporting testimony that there is a basis for providing certain of the pay differentials as follows: canine handler, explosive canine handler, bite-suit training, aerial observer, lead hostage negotiator and water rescue when employees are assigned to, are certi?ed, and actively engaged in the activity for which the differential is being provided. In other hazardous situations not recognized by the Panel, the Panel believes that the Employer's standing Temporary Hazard Pay process is more appropriate. Finally, it is not the intent of the Panel to provide duplication of payment of compensation relating to exposure to hazards that may have already been incorporated into the pricing of classes of positions as in the case of Conservation Resource Enforcement Of?cers. D. Temporary Hazard Pay Employer: The Employer preposed that the existing Temporary Hazard Pay Articles in the current Bargaining Units 3 and 4 Agreements be incorporated into the Bargaining Unit 14 collective bargaining agreement. The Union incorporated the Temporary Hazard Pay processes in the current Bargaining Units 3 and 4 Agreements, by reference only, into their Final Position proposal on Differentials. The Panel believes that, at this time, it is more appropriate to include a process to determine temporary hazard pay not addressed by speci?c differential and therefore 33 concurs that the Employer's Temporary Hazard Pay proposal would be more appropriate to address a potential situation. E. Uniforms and Eguipment Employer: The Employer proposed that the existing Uniforms and Equipment Articles in the current Bargaining Units 3 and 4 Agreements be incorporated into the Bargaining Unit 14 collective bargaining agreement. The Union proposed to: 1) expand the existing uniform and equipment lists currently identi?ed in the Bargaining Units 3 and 4 Agreements; 2) change the payment methodology for the uniform maintenance allowance; 3) increase the uniform maintenance allowance by $4.00 or $5.00 per month depending on the uniform; 4) change the method of calculating the weapons allowance when an employee renders less than a full month of service: and 5) increase the weapons maintenance allowance by $5.00 per month. The Panel acknowledges that some form of uniform maintenance allowance should be provided to BU 14 employees who are required to wear and maintain such uniforms in accordance with applicable Employer policies and procedures. As such, the Panel has awarded both Law Enforcement Of?cer and Water Safety Of?cer appropriate compensation in this award. Further, the Panel has likewise provided Law Enforcement Gf?cer who are authorized and required to carry a ?rearm as part of their of?cial duties, while on duty status, appropriate compensation for a weapons maintenance allowance. The Panel, however, is not convinced that it is necessary to expand the existing uniform and equipment lists and that the Employer's current practices and procedures that allow for consideration of the unique circumstances and operational needs of the affected departments is more appropriate. The Panel also concludes that while the Union is proposing changes to the payment methodology for the uniform maintenance allowance and the method of calculating the weapons allowance when an employee renders less than a full month of service, maintenance of the status quo seems more appropriate. 9. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings. There are no circumstances that arose during the pendency of the arbitration that should be considered. 10. Such other factors, not con?ned to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, arbitration, or otherwise between the parties, in the public service or in private employment. Panel acknowledges that the percentage increase may overshadow the actual funds required to implement the award. Other bargaining units, particularly those similarly situated may point to the percentage increase with an expectation for a similar outcome as that being awarded BU 14. Notwithstanding the potential for the ?whip saw effects? with other BUs based on the Panel's BU 14 award and consequent potential for adversely impacting the Employer's ability to deliver other services to meet the needs of all of its residents, the Panel concludes that the award is appropriate. This Panel is required to focus on Bargaining Unit 14 and the proposals at issue here. The Panel has no authority to adjust relationships with other labor unions or control over how 35 others may react with respect to the award. Ultimately, the remedy for any potential collective bargaining problem, if any, are to be addressed by the appropriate Parties in collective bargaining with those respective BUs. The Panel?s Decision: Employer?s Obiection to the Union's Final Position In accordance with HRS the Employer objected to the Union?s ?nal position on Salaries. According to Employer?s exhibits and arguments, the Union's June 30, 2014 proposal leaves blank the percentage increase to the salary schedule; this proposal was on the negotiations table at the time and is the same proposal which was subsequently submitted by the Union?s January 14, 2015 request for a declaration of impasse an included in the Hawai?i Labor Relations Board impasse declaration dated January 16, 2015. The Employer argues that the Union's ?nal position reiating to salaries that leaves blank the percentage increase to the salary schedule is the Union?s ?nal salary proposal as provided for in HRS Final positions. Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a ?nal position that shall include all provision in any existing collective bargaining agreement not being modi?ed, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the ?nal agreement; provided that such further provisions shall be limited to those speci?c proposals that were submitted in writing to the other party and were the subject to collective bargaining between the parties up to the time of impasse, including those speci?c proposals that the parties decided to include through a written mutual agreement. The arbitration shall decide whether ?nal positions are compliant with this provision and which proposals may be considered for inclusion in the ?nal agreement.? The Panel seriously considered the Employer?s arguments against the Union's ?nal wage offer and their concern in regards to HRS Although the 36 Union's wage proposal submitted to the Panel was not compliant with HRS ?89? at the declaration of impasse on January 16, 2015, clearly the issue of wages was subject to collective bargaining prior to impasse despite the blank in the Union?s proposal. Negotiations may or may not have been affected by the inclusion of a proposed percentage increase by the Union prior to impasse. Nonetheless, determination of wages for this bargaining unit is one of the issues, if not the chief issue, to be resolved by these proceedings. To make a determination without bene?t of the Union's ?nal percentage increase proposal would be disadvantageous to the arbitration process. On that basis, the Panel acknowledges the Union?s ?nal position on Salaries as it's desired outcome and assigns such weight to the proposal as necessary to arrive at a fair and reasoned decision. 3? AWARD In consideration of the respective Parties' ?nal positions, testimony, exhibits and argument presented and the foregoing discussion. the following is the Panel's Decision and Award in the arbitration between the Employer and Union representing members of Bargaining Unit 14. The following shall be effective on July 1. 2016. 1. Article TBD Salaries, shall re?ect the following: a. Delete SR04 to SR10, and SR30 to 8003. b. Delete the ?rst 3 steps of the salary schedule and add 2 steps after the maximum step following the existing pattern of integrated salary rates. 0. Re-label the 12 steps of the new salary schedule. d. Place employees on the step of the corresponding pay range of the new salary schedule as follows: Employees on the 15 step placed on the 1st step of the new schedule, employees on the 2"d step placed on the 2nd step of the new schedule, etc. e. Employees on the last step (step or 13?1 step) shall be placed on the last step (12? step) of the new salary schedule. f. 4% ATB on July 1, 2016. g. One-time payment equal to 4% of the new annual basic rate of pay for employees on the last step (step or 13?1 step) as of June 30, 2016. h. 4% increase to basic rate of pay plus one-time payment equal to 4% of new annual basic rate of pay for employees not administratively assigned to the salary schedule. i. Continuation of the step movement plan. 2. Article TBD Compensation Adjustments, shall re?ect the following: a. 3 years of satisfactory creditable service required on all steps for movement to the next higher step. b. Changes necessary to properly re?ect the new Salaries Article and transition to the new bargaining unit. 3. Article TBD Temporary Hazard Pay The panel adopts the Employer?s proposal such that the existing Temporary Hazard Pay Articles in the current Bargaining Units 3 and 4 Agreements shall be incorporated into the Bargaining Unit 14 collective bargaining agreement. 4. Article TBD Differentials, shall re?ect the following: a. Standard of Conduct (Law Enforcement): $1 .25/hour for Law Enforcement Of?cer subject to standard of conduct 24/7. 38 Aerial observers (Law Enforcement and Ocean Safety): $5.00/hour when certi?ed and assigned by Employer. Hostage Negotiators (Law Enforcement): $5.00/hour when assigned. K9 Decoys (Law Enforcement): $5.00/hour for duration of K9 training. Canine Handlers (Law Enforcement): $132/month. Explosive Canine Handlers (Law Enforcement): $1 .00/hour when assigned. Certi?ed Rescue Craft Operators (Ocean Safety): $3.50/hour when assigned. (amass: 5. Article TBD Uniforms and Equipment, shall re?ect the following: Uniform Maintenance Allowance: Full Uniform $25lmonth Button shirt, trousers, or jacket $15/month T-shirt andlor shorts $10Imonth Weapons maintenance allowance at $40.00 per month 6. Tentative Agreements as re?ected as Exhibit A which is attached hereto and incorporated by reference herein. 7. Language for Articles addressing Salaries, Compensation Adjustment, Temporary Hazard Pay, Differentials, and Uniforms and Equipment are re?ected as Exhibit and attached hereto and shall be incorporated herein. The Panel having issued this written arbitration award as prescribed by HRS ?89-11 and therein ful?lling its charge concludes that the arbitration between the State of Hawaii, the Counties of Hawaii, Maui, Kauai, and the City and County of Honolulu and the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO as exclusive representative of the employees in Bargaining Unit 14 to be concluded. The Chair of the Panel has directed the Parties to meet to incorporate provisions of this award and such other provision which have been agreed to prior to, during, or after the impasse by mutual agreement of the Parties and to format and appropriately number Articles into a new Bargaining Unit 14 Collective Agreement that effectuates the terms of this ?nal and binding award. 39 611%?an NORA A. NOMURA, Union Panel Member a I concur I: dissent 80 ordered. DATED: February 22, 2016, at Honolulu, Hawaii. Neutral air I i ES K. NISHIMOTO. ployer Panel Member El I concur E?issent (see attached) 4U Arbitration Award and Decision for Bargaining Unit 14 (BU 14) James K. Nishimoto, Chief Negotiator, Office of Collective Bargaining With respect to the BU 14 Arbitration Award and Decision as it relates to salaries, DISSENT AND DO NOT CONCUR with the decision of the majority of the Panel. My dissent is predicated on the following. I recognize the fact that in the Senate Standing Committee Report No. 176, relating to Senate Bill 883 which became Act 137 and created the 2013 Legislature stated ?By establishing a separate bargaining unit for these of?cers, the pr0posed SD. 1 will enable these of?cers to more easily address any specialized needs of these of?cers with the employerI including ?tness and eguipment reguirements, and improve salaries, bene?ts, and working conditions (emphasis added)." While I respect that my fellow Panel members have drawn a different conclusion than mine, I conclude that it is inappropriate to create a restructured salary schedule that provides an inordinately large compensation adjustment for BU 14 without taking into consideration the compensation adjustments for BUs 3 and 4 from which BU 14 devolved. I note, that as provided by Act 55, 2015, members of BU 14, as then members of BU 3 and BU 4, received catch up step movements and the continuation of step movements that equated to a 5.5% wage increase (or $2.6 millionand members of BU 14 would have received, had BU 14 not devolved from BU 3 and BU 4, a $1,200 lump sum payment and a 1.6% across the board increase resulting in an approximate adjustment of 8% in F3 2015-2017 at a cost of $7.3 million. Like BU 3 and BU 4, other bargaining units (13) negotiated or received an arbitration award with an approximate 8% salary increase as adjustments, approximately a 4% increase each year over the 2015-2017 biennium. While I recognize the fact that each bargaining unit is independent of other bargaining units, I am persuaded that this BU 14 award will set a precedent that will undoubtedly shape the expectations of the other units in future negotiations, notwithstanding the arguments that Employers are not required to extend the terms of an arbitrated award to other bargaining units. I appreciate the fact that the majority Panel's award is less than the Union's salary proposal that would have totaled a 74% increase in FY 16 and a 16% increase in FY 17 for a total of a 101% overall salary increase in the ?scal biennium (FB). However, I do not conclude that the majority Panel's award that provides for a total biennium cost of $15.9 million, including differentials and allowances, is appropriate. It is my opinion that the State's Budget and Finance Director, Mr. Wesley Machida, gave compelling arguments in support of the State's offer. He noted that the State will be ramping up the funding to address its pension and other post-employment bene?ts (OPEB) liabilities with the State and counties having unfunded liabilities of $8.6 billion and $8-5 billion, respectively, for the ERS and the SOH Employer Union Health Bene?ts Trust Fund. Furthermore. Mr. Machida?s explanation ought not to be disregarded that the State must be cautious in its spending for a number of reasons including the recurring future costs of collective bargaining salag increases and the competing demands, funding homeless response initiatives. air? conditioning of public school classrooms, construction of a new State hospital and prison, etc.), for a ?nite amount of State resources. With respect to future costs of collective bargaining, the future is fast approaching, in that, all 14 bargaining units' contracts, to include BU 14, expire on June 30, 2017 and negotiations are scheduled to begin in a matter of months; and the reality is that for all bargaining units each 1 percent across the board increase in salary costs has an approximate $92 million impact to the general funds over the biennium. Accordingly, I respectfully dissent and do not concur with the Bargaining Unit 14 Arbitration and Award DecZon as it relates to salaries dated February 22, 2016. Februarv?, 2016 es. K. Nishim?oto Date ief Negotiator. Of?ce of Collective Bargaining Exhibit A 11 12 13 Bargaining Unit 14 TENTATIVE I REEMENT Employer Union Date aliasing ARTICLE - ALTERNATIVE WORK SCHEDULES The Union may present alternative work schedules for an of?ce. ro ram or work unit for the Em lo er's consideration. lfa ro osal for alternative work schedule is considered and approved by the Employer, a memorandum of understanding shall be entered into between the Union and the Employer. If the Union believes that the denial of the Union's proposal for an alternative work schedule is arbitrary and capricious. the Union may process a grievance in accordance with Article 11 - Grievance Procedure. provided such qrievance shall not be subject to the provisions of Step 4 - Arbitration. BU 14, Article Alternative Work Schedules Page 1 of 1 Bargaining Unit 14 TENTATIVEA EEMENT Employer?VQEF2 Union 015% Date 141:9 ARTICLE - CALL BACK PAY A. Whenever an Employee is called back to work after the completion of the Employee's workday and is released from the call back work before the start of the Employee's next regular consecutive workdayI the Employee shall be credited with either: 1. A minimum of three (3) hours regular pay. calculated from the time the Employee leaves home and until the Employee returns home from workI or 2. Overtime work calculated from the time the Employee leaves home and until the Employee returns home. whichever is greater in value; provided, that overtime pay for work on holidays. days off and ore-shift overtime shall be in accordance with their respective articles. B. An Employee may be permitted rest periods of ten (10) minutes for each?two (2) hours of call back work performed. C. An Employee interrupted by Employer-initiated consultative callis) while the Employee is at home and on off-duty status shall not uali for call back a unless the Em lo ee actuall returns to the workplace. An Employee who is not on standby pay duty status shall be paid a minimum of one (1) hour straight time new for one or more consultative calls within the same one-hour period, calculated from the onset of the ?rst call and ending one hour later. The penalty for consultative calls shall be in lieu of any other compensation and shall not be subiect to overtime provisions. For the purpose of this section, a BU 14. Article - Call Back Pay Page 1 of 2 1 consultative call shall mean an exchange of technical andlor grocedural 2 information to resolve a Eroblem reguiring immediate attention. BU 14, Article Call Back Pay Page 2 of 2 ARTICLE - CONFLICT Bargaining Unit 14 TENTATIVE EEMENT Employer NW Union Date 4/ Ill-l/ If there is any con?ict between the provisions of this Agreement and any of the rules and re ulations of an Civil Service or other ersonnel re ulations a licable to Em lo ees or an contracts between the Em lo er and the Employees, the terms of this Agreement shall prevail. BU 14, Article Con?ict Page 1 of 1 Bargaining Unit 14 TENTATIVWMENT Employer Union 435??; Date ?ll 7?5 r5 ARTICLE - DISCIPLINE Regular Employees shall not be disciplined without preper cause. Grievances re ardin these matters shall be handled in accordance with the provisions of Article 11. Grievance Procedure. Exempt Employees who meet all of the conditions listed below shall not be disciplined without proper cause. The conditions are: Employee is in an exempt position in an ongoing program and whose appointment does not have a termination date. Employee occupies a position which is within the authorized position ceiling as provided in the State Appropriations Act. Employee has at least six (6) continuous months of service in the present position. Disciplinary action taken against any Employee shall be considered con?dential. When an Employee is orally reprimanded. it shall be done privately. 1; Written Reprimands. A written reprimand issued to an Employee shall contain the speci?c reasons for the action and a statement that the Employee may consult the Union on the matter. BU 14. Article Discipline Page 1 of 3 The written reprimand shall be issued to the Employee in person or, if impracticable, mailed to the Employee?s last known address. 5 Suspensions. Whenever an Employee is suspended for four (4) or less working claysI the Employee shall be given written notice of the suspension within forty-eight (48) hours after the suspension; provided that. for suspensions of ?ve (5) or more working days. the Employee shall be given written notice of the suspension prior to the commencement of the suspension. The notice shall contain the following: g: The speci?c reasonls) for the suspension: The effective date(s) of the suspension; and A statement that the Employee may consult with the Union on the matter. The notice of suspension shall be provided to the Employee in person or. if impracticable. mailed to the Employee?s last known address. Discharges and Disciplinagy Demotions. Whenever a discharge or disciplinag demotion action is to be taken against an Employee, the Employee shall be given a written notice of such action. The notice shall contain the following; i The speci?c reasonls) for the action; BU 14, Article Discipline Page 2 of 3 momma-Io Q: The effective datels} of the discharge or disciplinag demotion; An oggortunity to respond grior to the effective date of the discharge or disciplinary demotion action: and A statement that the Employee may consult with the Union on the matter. A written notice of a discharge or disciplinary demotion action shall be issued to the Employee in person. or if impracticable, mailed to the Employee's last known address at least ten (10) days prior to the discharge or disciplinary demotion action. A disciplinary demotion shall be for a speci?ed period of time. BU 14. Article Discipline Page 3 of 3 Bargaining Unit 14 EEMENT Employer Union Date I'il/z I?i-l/ ARTICLE - DRUG AND ALCOHOL TESTING The Union and Employer have reached an agreement on alcohol and controlled substance testing. Part one of the agreement pertains to alcohol and controlled substance testing for all Employees based on ?reasonable suspicion." Part two of the agreement pertains to ?random? alcohol and controlled substance testing for certain identified health, safety and public trust (HSPT) Employees. The agreement has an attached list of identified HSPT positions. The agreement is intended to keep the workplace free from the hazards related to the use of alcohol and controlled substances by the testing program. Employees are expected to report to work in a physical and mental condition consistent with this agreement which enables them to perform their duties in a safe and productive manner. Employees subiect to alcohol and controlled substance tests and who are subiect to disciplinary action shall be afforded ?due process? as provided in the alcohol and controlled substance testing agreement and applicable provisions of the collective bargaining agreement. All health, safety and public trust Employees will receive a copy of the ?random? alcohol and controlled substance agreement from the Employer. All other Employees will receive a copy of the ?reasonable suspicion" alcohol and controlled substance agreement from the Employer. Employees may also reguest a copy of the alcohol and controlled substance agreement from the Union. NOTE: The agreement re?ects a ?two strikes and you're out" disciplinary action schedule for con?rmed positive tests for alcohol and controlled BU 14, Article Drug and Alcohol Testing Page 1 of 1 substance that was negotiated throuqh a memorandum of agreement and 2 rati?ed by Emgloyees in the bargaining unit. BU 14, Article Drug and Alcohol Testing Page 2 of 2 r?Ii-In?al?I lump?no Bargaining Unit 14 TENTATIVE MENT Employer Union Date Hm! up ARTICLE - DURATION This Agreement shall become effective February 22I 2016 and shall remain in effect to and includinq June 30. 2017. It shall be renewed thereafter with resgect to the subiect matter coveredI in accordance with statutes unless either party dives written notice to the other party of its desire to amend. modify or terminate the Agreement. and such written notice is qiven no later than Tuesday. Mav 17, 2016. After such written notice is givenI the parties shall exchange their specific written grogosals, if anv. no later than Tuesday. June 14.2016. Negotiations for a new Agreement shall commence on a mutually agreeable date following the exchange of written grogosalsI as agglicable. BU 14, Article Duration Page 1 of 1 \Dm?mmi?-WNH 11 12 Bargaining Unit 14 TENTATIVE Employer Kong Union Date Ll-f/ I Lia/I; ARTICLE - ENTIRETY CLAUSE Except as modi?ed below. the Employer and the Union agree that the terms and provisions herein contained constitute the entire Agreement between the parties and supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto with respect to the subject matter herein. The Emplover and the Union agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore. agree that negotiations will not be reopened on any item during the life of this Agreement except as provided in Article Duration, or by mutual consent EU 14. Article - Entirety Clause Page 1 of 1 \qummrbUJMH Bargaining Unit 14 TENTATIVE EMENT Employer_ Union Date Ltl/l?tl/IS' ARTICLE - FAMILY LEAVE A. Employee entitlement to state family leave is set forth in Chapter 398, Hawaii Revised Statutes. Accrued vacation leave and/or sick leave may be substituted for any part or all of the allowable state family leave up to a maximum of four (4) weeks per designated twelve (12) month period. B. Emplovee entitlement to federal family leave is set forth in the Family and Medical Leave Act of 1993. C. Administration and enforcement of the state and federal family leave provisions shall be in accordance with applicable laws and regulations. Appeals with regard to state and federal family leave shall be ?led with the appropriate state and/or federal agencies who are responsible for administering and enforcing the respective provisions mentioned herein, State of Hawai?i Department of Labor and Industrial Relations or the United States Department of Labor, Wage and Hour Division. Appeals shall not be ?led through the grievance procedure found in the collective bargaining agreement, unless a representative of the applicable state or federal agency first determines that the agency does not have iurisdiction over the administrative appeal because the appeal concerns the interpretationlapplication of this Article. BU 14, Article Family Leave Page 1 of 1 \qummibUJMH Bargaining Unit 14 TENTATIVE Employer ?4 Union Date 1:5? ARTICLE - FUNERAL LEAVE A. Employees covered under this Agreement shall be allowed three (3) working days as funeral leave with pay which shall not be deducted from any other leave to which the Employee may be entitled. Funeral leave shall be granted on such days as designated by the Employee provided they fall within a reasonable period of time after a death in the immediate family. B. For the purpose of this Article immediate family is de?ned as: parents, brothers, sisters, Spouseslreciprocal bene?ciaries, children. parents-in-law, grandparents, grandchildren, or an individual who has become a member of an immediate family through the Hawaiian "Hanai" custom. Provided. however, an individual affected by the "Hanai" relationship shall be entitled to utilize funeral leave only for those members of the Employee's immediate family resulting from the "Hanai" relationship. Provided further that funeral leave with pay can only be used for one mother and one father regardless of whether the parent relationship is natural, hanai, step or legal guardians. ?Reciprocal bene?ciary," for purposes of this Article, means two adults who meet the requirements of HRS 5720-4 and who have registered their reciprocal bene?ciary relationship pursuant to HRS 572C-5. ?Reciprocal bene?ciary? is further de?ned to mean that individual the Employee has selected as the Employee's life partner in lieu of a spouse. C. Hanailnatural parents not covered in B. above; son- and daughters-in-law and great grandparents relationship. An Employee shall be entitled to use up to three days of vacation leave or compensatogy time off for the death of hanailnatural parents not covered in B. aboveI son- BU 14. Article Funeral Leave Page 1 of 2 or daughter-in-law. great grandparent. Vacation leave or compensatory time off shall be granted on days designated by the Employee provided they fall within a reasonable period of time after the death. D. If the death or funeral occurs outside the State of Hawai?i, the Employee shall be granted, upon request, a reasonable number of additional days of accumulated vacation leave, compensatory time off. or leave without pay for travel to attend the funeral, or to make necessary arrangements for a funeral in the State of Hawai?i. BU 14, Article Funeral Leave Page 2 of 2 Bargaining Unit 14 Employer Union Date ARTICLE - GRIEVANCE PROCEDURE Any complaint by an Employee or the Union concerning the a lication and inter retation of this A reement shall be sub'ect to the grievance procedure. Any relevant information speci?cally identi?ed by the grievant or the Union in the possession of the Employer and needed by the grievant or the Union to investigate and process a grievance, shall be provided to them upon request within seven (7) working days. The grievance shall be presented to the appropriate supervisor within twenty working days after the occurrence of the alleged violation. or if it concerns an alleged continuing violation. then it must be ?led within twenty (20) working days after the alleged violation ?rst became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error. such allegation shall be presented to the department head or the department head's designee in writing within twenty (20) working days after the alleged error is discovered by the Employee. or the grievance may not be considered. 1; An individual Employee may present a grievance to the Employee's immediate supervisor and have the Employee's grievance heard without intervention of the Union. provided the Union has been afforded an Opportunity to be present at the conferencels) on the grievance. Any adiustment made shall not be inconsistent with the terms of this Agreement. By mutual consent of the Union and the Employer, any time limits within each step may be extended. lnforrnal Step. A grievance shall, whenever possible, be discussed informally between the Employee and the Employee?s immediate supervisor within the twenty [20] working day limitation provided for in BU 14. Article Grievance Procedure Page 1 of 5 paragraph above. In such an event the Employee shall identify the discussion as an informal step grievance. The grievant may be assisted by the grievant?s Union representative. The immediate supervisor shall reply within seven (7) working days. In the event the Employer does not respond within the time limits prescribed herein, the Union may pursue the grievance to the next step. Step 1. If the grievant is not satis?ed with the result of the informal conference. the gLievant or the Union may submit a written statement of the grievance within seven (7) working days after receiving the answers to the informal complaint to the department head or department head?s designee; or if the immediate supervisor does not reply to the informal complaint within seven (7) working days. the Employee or the Union may submit a written statement of the grievance to the department head or department head?s designee within fourteen (14) working days from the initial submission of the informal complaint; or if the grievance was not discussed informally between the Employee and the Employee?s immediate supervisor. the Employee or the Union may submit a written statement of the grievance to the department head or department head?s designee within the twenty (20) working day limitation provided for in paragraph above. A meeting shall be held between the grievant and a Union representative with the department head or department head?s designee within seven (7) working days after the written grievance is received. Either side may present witnesses. The department head or the department head's designee shall submit a written answer to the grievant or the Union within seven (7) working days after the meeting. g, Step 2. If the grievance is not satisfactorily resolved at Step 1. the grievant or the Union may appeal the grievance in writing to the Employer or the Employer?s designee within seven (7) working days after receiving the BU 14. Article Grievance Procedure Page 2 of 5 ommummewmwommommewmn?no written answer. The Employer or the Employer's designee need not consider any grievance in Step 2 which encompasses different alleged violations or charges than those gresented in Steg 1. A meeting to discuss the grievance shall be held within seven (7) working days after receipt of the appeal. The Employer or the Employer?s designee shall reply in writing to the grievant or the Union within seven (7) working days after the meeting. 5 If the Union has a class grievance involving Employees within a department, it may submit the grievance in writing to the department head or the department head?s designee. Time limits shall be the same as in individual grievances and the procedures for appeal of the unsatisfactory answer shall be the same as in Step 1. If the Union has a class grievance involving Employees from more than one department. it may submit the grievance in writing to the Employer or the Employer's designee. Time limits shall be the same as in individual grievances and the procedures for appeal of the unsatisfactory answer shall be the same as in Step 2. Step 3. Arbitration. If the grievance is not resolved at Step 2 and the Union desires to proceed with arbitration. it shall serve written notice on the Emgloyer or the Employer?s regresentative of its desire to arbitrate within ten (10) working days after receigt of the Employer's decision at Steg 2. Regresentatives of the parties shall attemgt to select an Arbitrator immediately thereafter. lf agreement on an Arbitrator is not reached within ten (10] working days after the notice for arbitration is submitted, either gag may reguest the Hawai?i Labor Relations Board to submit a list of ?ve (5) Arbitrators. Selection of an Arbitrator shall be made by each gar_ty alternately deletin one 1 name at a time from the list. The first a to delete a name shall be determined by lot. The person whose name remains on the list shall BU 14, Article Grievance Procedure Page 3 of 5 be designated the Arbitrator. No qrievance may be arbitrated unless it involves an alleged violation of a speci?c term or provision of the Agreement. If the Employer disputes the arbitrability of any grievance. the Arbitrator shall ?rst determine whether the Arbitrator has iurisdiction to act: and if the Arbitrator ?nds that the Arbitrator has no such power, the grievance shall be referred back to the parties without decision or recommendation on its merits. The Arbitrator shall render an award in writing no later than thirty (30) calendar days after the conclusion of the hearings or if oral hearings are waived then thirty (30) calendar days from the date statements and proofs were submitted to the Arbitrator. The decision of the Arbitrator shall be ?nal and binding upon the Union. its members, the Employees involved in the grievance and the Employer. There shall be no appeal from the Arbitrator's decision by either party, if such decision is within the scope of the Arbitrator's authority as described below: The Arbitrator shall not have the power to add to. subtract from. disregard. alter. or modify any of the terms of this Agreement. The Arbitrator's power shall be limited to deciding whether the Employer has violated any of the terms of this Agreement. The Arbitrator shall not consider any alleged violations or charges other than those presented in Step 2. .42 In any case of suspension or discharge where the Arbitrator ?nds such suspension or discharge was improper, the Arbitrator may set aside, reduce or modify the action taken by the Employer. If the penalty is set aside, reduced or othenlvise changed, the Arbitrator may award back pay BU 14. Article - Grievance Procedure Page 4 of 5 to comgensate the EmlgloyeeI wholly or partially, for any wages lost because of the Qenalty. The fees of the Arbitrator, the cost of transcription. and other necessary general costs, shall be shared equally by the Employer and the Union. Each party will pay the cost of presenting its own case and the cost of any transcript that it requests. BU 14, Article Grievance Procedure Page 5 of 5 tom-ammunme Bargaining Unit 14 Employer Union Date ?lming ARTICLE -- GRIEVANCES RELATED TO ADVERSE ACTION FOR FAILURE TO MEET PERFORMANCE REQUIREMENTS An corn laintb an Em Io ee or the Union concernin or relating to an adverse action taken by the Employer for the Employee?s failure to meet performance requirements of the Employee?s position shall be subject to the grievance procedure under this Article. Within seven (7) working days of a written request by the Employee or Union. the Employer shall provide any relevant information in its possession that has been speci?cally identi?ed. and that is needed to investigate or process a grievance. The grievance shall be presented to the appropriate supervisor within twenty (20) working days after the date of the notice of the adverse action for failure to meet performance requirements or the grievance may not be considered. 5 As used in this Article. ?Employee? means: A civil service Employee, as de?ned by ?76~11, HRS. is an Employee who has met all requirements for membership in civil service under ?76-27 which provides that an Employee must successfully complete an initial probationary period as a part of the examination process to determine the ?tness and ability for the position; or An exempt Employee in the State of Hawaii or an exempt Employee in the City and County of Honolulu in bargaining unit 3 who is subiect to Article 8 - Discipline. As used in this Article, an ?adverse action for failure to meet performance reguirements? means an involuntagy demotion, involuntapy BU 14. Article - Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 1 of 7 transfer. discharge. termination, an involuntary reduction in pay resulting from the reassignment of a position to another pay range or class. or an adjustment to an Employee?s step movement date as the result of the Employee?s failure to meet the performance reguirements of the Employee's position. Q: An Employee may present a grievance on an adverse action for failure to meet performance requirements and have the grievance heard without intervention of the UnionI up to and including Step 2, provided the Union has been afforded an opportunity to be present at the conferenceis) on the grievance. Any adiustment made shall not be inconsistent with the terms of this Agreement. Any time limits set forth in this Article may be extended by mutual consent between the Employee or the Union and the Employer. Informal Step. A grievance shall. whenever possible, be discussed informally between the Employee and the immediate supervisor within the twenty (20) working day limitation provided for in paragraph A. above. In such event. the Employee shall identify the discussion as a grievance at the informal step. The Employee may be assisted by a Union representative. The immediate sunervisor shall reply within seven (7) working days. In the event the immediate supervisor does not respond within the time limits prescribed hereinI the Employee or the Union may pursue the grievance to the next step. 5 Step 1. If the Employee is not satis?ed with the result of the informal conference. the Employee or the Union may submit a written statement of the grievance to the department head or department head?s designee within seven (7) working days after receiving the answer to the informal complaint; or if the immediate supervisor does not reply to the informal complaint within seven working days, the Employee or the BU 14, Article Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 2 of 7 Union may submit a written statement of the grievance to the department head or department head?s designee within fourteen {14) working days from the initial submission of the informal complaint; or if the grievance was not discussed informally between the Employee and the immediate supervisorI the Employee or the Union may submit a written statement of the grievance to the department head or department head?s designee within the twenty (20) working days of the date of noti?cation of the adverse action as speci?ed in paragraph A above. A meeting shall be held by the Employee and a Union representative with the department head or the department head?s designee within seven (7) working days after the written grievance is received. The department head or designee shall submit a written answer to the Employee or the Union within seven (7) working days after the meeting. The department head or department head?s designee shall use the conditions prescribed in HRSI in reaching a decision, provided that only conditions 1 through 6 shall be used in reaching a decision for an adverse action for failure to meet performance requirements concerning a covered Step 2. If the grievance is not satisfactorily resolved at Step 1, the Employee or the Union may appeal the grievance in writing to the Employer or the Employer?s designee within seven (7) working days after receiving the written answer. The Employer or Employer?s designee need not consider any grievance at Step 2 which encompasses different alleged violations or charges than those presented at Step 1. A meeting to discuss the grievance shall be held within seven (7) working days after receipt of the appeal. The Employer or the Employer?s designee shall reply in writing to the Employee or the Union within seven (7) working days after the meeting. EU 14, Article Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 3 of 7 The Employer or Employer?s designee shall use the conditions prescribed in HRS. in reaching a decision provided that only conditions 1 through 6 shall be used in reaching a decision for an adverse action for failure to meet performance requirements concerning a covered exempt Employee. ?y Step 3. Performance Judge. If the grievance is not satisfactorily resolved at Step 2, and the Union desires to proceed to the Performance Judge. it shall serve written notice on the Employer or the Employer's representative of its desire to proceed to the Performance Judge within ten (10) working days after receipt of the Employer?s decision at Step 2. 1: Each Employerjurisdiction and the Union shall jointly establish a performance judge list consisting of a mutually agreed upon number of persons, not less than four (4) but no more than ten (10) to serve as Performance Judges for the duration of the collective bargaining agreement. The parties may. by mutual agreement. modify the Performance Judge list at any time. In the event the parties fail to establish a Performance Judge list by mutual aggement, the Performance Judge list shall be established as follows: a The parties shall each submit the names of persons eligible to serve as Performance Judges. The parties shall submit no more than the mutually agreed upon number of names. For example, if the number of ersons mutuall a reed to is six 6 then each art shall submit no more than six names. A name that appears on both parties? lists shall automatically be placed on the ?nal list of names. EU 14. Article - Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 4 of 7 mmqu'lIP-wMI-J The parties shall determine, by lot. which party shall have ?rst choice in deleting a name from the remaining list. Each party shall strike names from the list of names on an alternating basis until the agreed upon number of names remains. The remaining names shall be designated the Performance Judge li_S.t_- A The parties shall select a Performance Judge within fourteen (14) calendar days after notice is received from the Union that it is proceeding to Step 3. If the parties are unable to select a Performance Judge by mutual agreement. the selection shall be made as follows: g. The parties shall delete names from the established list by striking names on an alternating basis until one name remains. p: The parties shall. by lot. determine who shall have the ?rst choice in deleting a name from the list of Performance Judges. 5 The individual whose name remains on the list after the striking out process shall be designated as the Performance Judge. If the Employer disputes the Performance Judge's iurisdiction over the grievanceI the Performance Judge shall ?rst determine whether the Performance Judge has iurisdiction to act; and if the Performance Judge ?nds that the Performance Judge has no such powerI the grievance shall be referred back to the parties without decision or recommendation on its merits. The Performance Judge shall render a decision no later than BU 14. Article Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 5 of 7 thirt 30 calendar da 3 after the conclusion of the hearin or if oral hearings are waived then thirty (30) calendar days from the date written arguments submitted by the parties were received by the Performance Judge. The decision of the Performance Judge shall be ?nal and binding, and there shall be no appeal of the Performance Judge's decision by either party, provided the decision is within the scope of the Performance Judge?s authority as described below: i The Performance Judge shall not have the power to add to. subtract from. disregard, alter, or modify any of the terms of this Agreement. 9 Pursuant to HRS, the Performance Judqe shall use the conditions in HRS. as tests in reaching a decision on whether the Employer?s action. based on a failure by the Employee to meet the performance requirements of the Employee?s position. was with or without merit provided that only conditions 1 through 6 shall be used in reaching a decision for an adverse action for failure to meet performance reguirements concerning a covered exempt Employee. 9, The Performance Judge shall not consider any alleged violations or charges other than those presented in Step 2. In the case of an adverse action for failure to meet performance requirements where the Performance Judge ?nds such adverse action was improper, the Performance Judge may set aside or modi? the action taken by the Employer. If the adverse action is set aside or othemise changed, the Performance Judge may award back pay to compensate the Employee, wholly or partially, for any wages lost because of the penalty. BU 14, Article - Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 6 of 7 \0 co U'l If it is alleged by the Union that the adverse action was not due to a failure to meet performance requirements but for disciplinag reasons without iust and proper causeI the Performance Judge shall ?rst proceed with a determination on the merits of the Employer?s action under subsection ?89-10.8 (cl, HRS. If the Performance Judge determines that the adverse action may be based on reasons other than a failure to meet performance requirements. the Performance Judge shall then determine. based on appropriate standards of review, whether the disciplinary action was with or without prOper cause and render a ?nal and binding decision. The fees of the Performance Judge, the cost of transcription. and other necessary general costs, shall be shared equally by the Employer and the Union. Each party will pay the cost of presenting its own case and the cost of any transcript that it requests. BU 14, Article Grievances Related to Adverse Action For Failure to Meet Performance Requirements Page 7 of 7 Bargaining Unit 14 Employer Union 41A, Date Lolislis ARTICLE - EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ?Health Bene?t Plan" shall mean the medical prescription drug. dental, vision and dual coverage medical plans. A. Effective July 1, 2015 Subject to the applicable provisions of Chapter 87A and 89, Hawaii Revised Statutes, the Employer shall pav contributions which include the cost of any Hawaii Employer-Union Health Bene?ts Trust Fund (Trust Fund) administrative fees to the Trust Fund effective Julv 1. 2015, not to exceed the contribution amounts as speci?ed below: 1. For each Employee-Bene?ciary with no dependent-bene?ciaries enrolled in the following Trust Fund health bene?ts plans: BENEFIT PLAN TOTAL EMPLOYER CONTRIBUTION a. Medical (PPO or HMO) (medical chiro) $228.38 b. Dental 5 18.40 c. Vision 3.84 d. Dual coverage (medical, drug chiro) 25.50 e. Druq Plan 63.12 The Employer shall pay the same contribution for each member enrolled in a self only medical plan (PPO or HMO), regardless of which plan is chosen. BU 14, Article - Hawai'i Employer-Union Health Bene?ts Trust Fund Page 1 of 8 1 2. For each Employee-Bene?ciam with one dependent-beneficiary 2 enrolled in the followinq Trust Fund health bene?t plans: 3 4 BENEFIT PLAN TOTAL EMPLOYER 5 CONTRIBUTION 6 a. Medical (PPO or HMO) (medical chiro) $545.10 7 b. Dental 36.82 8 c. Vision 7.08 9 d. Dual coverage (medical. druq chiro) 63.36 10 e. Drug Plan $153.36 11 12 The Employer shall pay the same contribution for each member 13 enrolled in a two-party medical plan (PPO or HMO). reqardless of which plan is 14 chosen. 15 16 3. For each Employee-Bene?ciary with two or more dependent- 17 bene?ciaries enrolled in the followinq Trust Fund health bene?t plans: 18 19 BENEFIT PLAN TOTAL EMPLOYER 20 - CONTRIBUTION 21 a. Medical (PPO or HMO) (medical chiro) $704.28 22 b. Dental 5 60.56 23 c. Vision 5 9.26 24 d. Dual coveraqe (medical. drug chiro) 70.44 25 e. Druq Plan $195.40 26 27 The Employer shall pay the same contribution for each member 28 enrolled in a family medical plan (PPO or HMO), regardless of which plan is chosen. 29 BU 14, Article - Hawai?i Employer-Union Health Bene?ts Trust Fund Page 2 of 6 ?accumulation?x 4. For each Employee-Beneficiary enrolled in the Trust Fund qroup life insurance plan. the Employer shall pay $4.12 per month which re?ects one hundred percent (100%) of the premium and any administrative fees. C. Effective July 1, 2316 Effective July 1. 2016 for plan year 2016-2017. with the exception of items 1a., 2a.. 3a.. and 4.. which shall be the dollar amounts noted. the Employer shall pay a speci?c dollar amount equivalent to sixty percent of the ?nal premium rates established by the Trust Fund Board for the respective health bene?t plan. plus sixty percent of all administrative fees. 1. The amounts paid by the Employer shall be based on the plan year 2016-2017 ?nal premium rates established by the Trust Fund for each Employee-Bene?ciary with no dependent-bene?ciaries enrolled in the followinq Trust Fund health plans: a. Medical (PPO or HMO) (medical chiro) $238.38 b. Dental Vision d. Dual coverage (medicalI drug chiro) e. Drug Plan The Employer shall pay the same contribution for each member enrolled in a self onl medical Ian PPO or HMO re ardless of which Ian is 2. The amounts paid by the Employer shall be based on the plan year 2016-2017 ?nal premium rates established by the Trust Fund for each Employee-Bene?ciam with one dependent-bene?ciagy enrolled in the following Trust Fund health plans: BU 14, Article - Hawai?i Employer-Union Health Bene?ts Trust Fund Page 3 of 6 Medical (PPO or HMO) (medical chiro) Dental $565.10 Vision Dual coverage (medical. druq chiro) 599-957!? Drug Plan The Employer shall pay the same contribution for each member enrolled in a two-party medical plan (PPO or HMO), regardless of which plan is chosen. 3. The amounts paid by the Employer shall be based on the plan year 2016-2017 ?nal premium rates established by the Trust Fund for each Employee-Bene?ciary with two or more dependent-bene?ciaries enrolled in the following Trust Fund health plans: a. Medical (PPO or HMO) (medical chiro) $734.28 b. Dental c. Vision d. Dual coverage (medicalI drug chiro) e. Drug Plan The Employer shall pay the same contribution for each member enrolled in a family medical plan (PPO or HMO). regardless of which plan is chosen. 4. For each Employee-Bene?ciagy enrolled in the Trust Fund group life insurance planI the Employer shall pay no more than ?4.12 per month which re?ects one hundred percent (100%) of the premium. The Employer shall also pay one hundred percent (100%) of any administrative fees. BU 14, Article - Hawai?i Employer-Union Health Bene?ts Trust Fund Page 4 of 6 D. No later than three (3) weeks after the Trust Fund _Board formally establishes and adopts the ?nal premium rates for Fiscal Years 2015-2016 and 2016-2017. the Of?ce of Collective Bargaining shall distribute the ?nal calculation of the Employers' contribution amounts for each health bene?t plan. E. Payment For Plans Eliminated 0r Abolished. The Employer shall make no payments for any and all premiums for any portion or part of a Trust Fund health bene?t plan that the Trust Fund Board eliminates or abolishes. F. Rounding Employer?s Contribution. Whenever the Employer?s contribution (premium plus administrative fee) to the Trust Fund is less than one hundred percent (100%) of the premium amount, such contribution shall be rounded to the nearest cent as provided below: 1. When rounding to the nearest cent results in an even amount, such even amount shall be the Employer?s contribution. For example: $11.39? $11.40 $11.40 (Employer?s contribution) lb) $11.382 $11.38 $11.38 (Employer's contribution) 2. When rounding to the nearest cent results in an odd amountI round to the lower even cent, and such even amount shall be the Employer's contribution. For example: a 11.392 11.39 11.38 Em lo er's monthl contribution 511.386 $11.39 $11.38 (Employer's contribution) Employer contributions effective July 1. 2015 and July 1. 2016. for items 1a. 2aI and 3a, re?ect the rounding described in item F. BU 14, Article - Hawai?i Employer-Union Health Bene?ts Trust Fund Page 5 of 6 _k Employer contributions effective July 1. 2015 and July 1, 2016. shall be rounded as described in item after administrative fees have been determined by the Trust Fund Board. G. If an agreement covering periods beyond the term of this Agreement is not executed by June 30. 2017, Employer contributions to the Trust Fund shall be the same contribution amounts paid in plan year 2016-2017 for the Health Bene?t Plan approved by the Trust Fund including administrative fee. BU 14, Article - Hawai?i Employer-Union Health Bene?ts Trust Fund Page 6 of 6 \OOJdantbb-JNH Bargaining Unit 14 TENTATIVE REEMENT Employer Union Date ARTICLE - HOLIDAYS The following days of each vear are established as holidavs: New Year's Day Dr. Martin Luther KingI Jr. Day Presidents? Day Prince Jonah Kuhio Kalanianaole Day Good Friday Memorial Day King Kamehameha Dav Independence Day stew Labor Day Veterans' Day Thanksgiving Day Christmas Day All election days, except primary and special election days. in the county wherein the election is held. Any day designated by proclamation by the President of the United States or by the Governor as a holiday. ?g Observance of Holidays. Emgloyees whose workdays fall on Monday through Friday during the workweek in which a holidav occurs shall observe such holidav as provided below: BU 14. Article - Holidays Page 1 of 3 Day Holiday Falls Day Holiday Observed Saturday Friday preceding holiday Sunday Monday following holiday Workday Workday Employees whose workdays fall on other than Monday through Friday during the workweek in which a holiday occurs shall observe such holiday as provided below: Day Holiday Falls Day Holiday Observed Day off First workday after the day off Workday Workday An Employee shall be compensated for a holiday based on the Employee?s normal scheduled workinq hours provided the Employee worked (or was on paid leave) either the normal scheduled workday immediately preceding the holiday or the normal scheduled workday immediately following the holiday. 9 Two Holidays Observed on the Same Calendar Day Whenever two holidays are to be observed on the same calendar day in accordance with paragraph 3., above: The ?rst holiday shall be observed in the normal manner; and The second holiday shall be observed on a date mutually agreed to between the Employee and the Employee?s supervisor provided BU 14, Article Holidays Page 2 of 3 that such mutual agreement shall be reached at least sixty (60) calendar days prior to the date the two holidays were to be observed. If an agreement is not reached. the matter shall be referred to the Emplovee's appointing authority or designee other than the Employee?s supervisor for a ?nal and binding decision. The decision shall be made at least thirty (30) calendar days prior to the date the two holidays were to be observed. 3; The mutually agreed ugon date shall occur within the same calendar year. BU 14, Article - Holidays Page 3 of 3 Bargaining Unit 14 TENTATIVE i'G EEMENT Employer ?lo Union 6L. Date 11+! ARTICLE - LEAVE FOR INDUSTRIAL INJURY A. Whenever an Employee who is temporarily exposed to unusually hazardous conditions. or who is a member of a class recognized by the action of repricing to be a class exposed to unusually hazardous conditions. receives personal iniury arising out of the unusually hazardous conditions and in the performance of the Employee's duty: the Employee shall be placed on accidental inium leave unless suspended or dismissed for cause. and continued on the payroll of the respective department at the Employee's full regular salary during the ?rst four (4) months of disability and thereafter during the period of total disability from work at sixty percent of the Employee's regular salary. as though the Employee did not sustain an industrial iniury. The Employee shall be entitled to all rights and remedies allowed under Chapter 386, Hawai?i Revised Statutes, as amended. provided that any salary paid under this section shall be applied on account of any compensation allowed the Employee under Chapter 386, Hawai?i Revised Statutes. as amended. or any bene?ts awardedthe Employee under Part of Chapter 88, Hawai?i Revised Statutes. as amended. B. No accidental injury leave shall be granted for an injury incurred by an Employee by the Employee's willful intention to iniure oneself or another or by the Employee's intoxication. BU 14, Article Leave for Industrial Injury Page 1 of 1 komqmmiwaI?I dO?L?r?-wMHOKqummrwai-?O Bargaining Unit 14 TENTATIVE GRFEMENT Employer Union Date burl-His" ARTICLE - LEAVE FOR JURY OR WITNESS DUTY A. An Employee covered by the terms of this Agreement. if summoned to serve as a witness or iuror in any iudicial proceedings except those which may involve or arise out of the Employee's outside employment or personal business or private affairs shall. if the Employee serves, be entitled to leave of absence with pay. B. An Employee who serves as a witness or as ajuror. and who receives a fee or mileage allowance shall not suffer the loss of such monies or have it offset against the Employee's salary account. C. An Employee called to serve as a witness in a case which may involve or arise out of the Employee's outside employment or personal business or private affairs shall not be entitled to leave of absence with pay as provided in paragraph (A) above, provided that the Employee shall be entitled to use annual vacation leave or elect to take leave without pay. D. In the event that an Employee on the evening or midnight shift and/or work schedule other than Monday through Friday is reguired to serve on a ium, the Employer shall place such an Employee on the day shift if such a shift exists and/or on the Monday through Friday work schedule for the duration of the jury duty. The Union and the Employer agree that whenever such a change is made. adiustments in shift assignments and work schedules of all affected Employees including the Employee serving on iupy duty shall not result in any claims for overtime except as provided in Article B.1.I 3.2.1 and 3.4. BU 14, Article Leave for Jury or Witness Duty Page 1 of 1 \DCDmetnibUJMIBargaining Unit 14 TENTATIVE AGREEMENT Employer Union Date Lt! 11+! :5 ARTICLE - LEAVE OF ABSENCE FOR UNION BUSINESS A. Any Employee elected or appointed to an of?ce in the Union will. if such of?ce requires full time participation in the exercise and discharge of its dutiesI be given a leave of absence without pay not to exceed one (1) year. Extension may be granted by the Employer for a period not to exceed twelve (12) months. B. Any Employee elected or appointed to attend the Biennial State and/or National Union convention shall be qiven a leave of absence without pay or vacation leave for the duration of the convention includinq reasonable travel time. The Union shall notify the Employer in writing, not less than thirty (30) days prior to the commencement of the leaves. of the dates of the scheduled convention. the names and departments of the elected or appointed Employees and alternates. In the event an alternate is substituted for another Employee to attend the convention. the Union shall notify the Employer immediately of the substitution. It is agreed that any adiustments in the work schedules necessitated to accommodate the substitution shall not result in overtime for all Employees. C. Any Employee elected or appointed to attend a Statewide Leadership Conference of the Union may be given a leave of absence without pay or vacation leave for the duration of the conference including reasonable travel time. D. Unless othemise provided by lawI no Employee on leave of absence without pay shall be entitled to accrue or accumulate vacation allowance, sick leave, service credit for increments and lonuevitv increases or other rights and bene?ts for the term of the leave but the Employee shall BU 14, Article Leave of Absence for Union Business Page 1 of 2 1 not lose seniority for the purpose of determininq length of service. EU 14, Article Leave of Absence for Union Business Page 2 of 2 Bargaining Unit 14 TENTATIV EMENT Employer Union Date Hillel/15' ARTICLE - MAINTENANCE OF RIGHTS AND BENEFITS Excegt as modi?ed hereinI Employees shall retain all rights and bene?ts Qertaining to their conditions of emgloyment as contained in the departmental and Civil Service rules and regulations and Hawai?i Revised Statutes at the time of execution of this Agreement. but excluding matters which are not negotiable under Chapter 89, HRS. BU 14, Article Maintenance of Rights and Bene?ts Page 1 of 1 Bargaining Unit 14 TENTATIVE GRE MENT Employer Union Date 15' ARTICLE - MEALS When Em lo ees are re uired to work overtime the Em lo er shall either furnish them with meals or com ensate them for meals at the rate of six dollars for breakfast, eight dollars for lunch and ten dollars 10.00 for dinner under the followin situations: Post-Shift Overtime. Employees who perform overtime work after their normal workday shall be furnished or compensated for a meal after the ?rst two (21 hours of actual overtime work performed and after intervals of five (5) hours following the ?rst overtime meal. Two or More Hours of Pre-Shift Overtime. When Employees are called to perform two (2) or more hours of pro-shift overtime work and are required to work continuously into their normal workday, they shall be entitled to meals for the period of the overtime work as well as their normal workday. Employees shall be furnished or compensated for a meal upon completion of two (2) hours of overtime work and at intervals of ?ve (5) hours of continuous work performed following the first meal. Less than Two Hours of Pre-Shift Overtime. When Employees are required to work less than two (2) hours of pre-shift overtime with less than twenty-four (24) hours prior notice and works continuously into the Employees' normal workday, they shall be furnished or compensated for a meal at the start of their normal workday and at their normal meal period during the workday. i Overtime During Off-Duty Hours, Scheduled Day Off or BU 14, Article - Meals Page 1 of 3 Less Than 24 Hours Prior Notice. When Employees are required to work overtime during their off-duty hours (not post-shift or pre-shift), on a scheduled day off or a holiday, with less than twenty-four (24) hours prior notice. they shall be furnished or compensated for a meal upon completion of two (2) hours of overtime work and at intervals of ?ve (5) hours of continuous overtime work performed following the ?rst overtime meal. However, an Employee shall not be entitled to a meal after two (2) hours of overtime work if the overtime work commences within three (3) hours of a previous overtime meal. In such event. the Employee shall be granted a meal after a period of ?ve (5) hours from the previous meal should the Employee continue working till this time. and shall be entitled to additional meals at intervals of ?ve (5) hours of continuous overtime work thereafter. 24 Hours or More Prior Notice. When Employees are required to work overtime during the Employees' off-duty hours (not post-shift or pro-shift). on a scheduled day off or a holiday with at least twenty-four L24) hours prior notice. they shall be furnished or compensated for a meal upon completion of ten (10) hours of such overtime work and at intervals of ?ve (5) hours of overtime work performed following the ?rst overtime meal. Overtime While on Standby. When Employees render service in response to a call to work as provided under Article 26I Standby PayI they shall be furnished or compensated for a meal upon completion of two (2) hours of work and at intervals of ?ve (5) hours of continuous work performed following the ?rst meal. However, an Employee shall not be entitled to a meal after two (2) hours of overtime work if the overtime work commences within three (3) hours of a previous overtime meal. In such BU 14, Article - Meals Page 2 of 3 eventI the Employee shall be granted a meal after a period of ?ve (5) hours from the previous meal should the Employee continue working till this time. and shall be entitled to additional meals at intervals of ?ve (5) hours of continuous overtime work thereafter. Notwithstanding paragraph A. an Employee who is required to travel inter-state or intra-state on of?cial business and who receives a travel allowance pursuant to Article 44, Travel. shall be furnished or compensated at the rate of ten dollars ($10.00) for a dinner meal after performing seven (7) hours of overtime work. For purposes of meal compensation, the following shall apply: Breakfast shall mean any meal allowed an Employee from 3:00 am. to 9:00 am. Lunch shall mean any meal allowed an Employee after 9:00 am. to 3:00 pm. Dinner shall mean any meal allowed an Employee after 3:00 - pm. but before 3:00 am. The Employer shall compensate Employees for meals within thirt 30 da 5 a roximatel two a eriods from the date on which the claim for compensation is ?led with the respective disbursing of?cer. The term "pre-shift" is de?ned as that period of time immediately preceding a workday. The term "post-shift" is de?ned as that period of time immediately following a workday. BU 14, Article Meals Page 3 of 3 Bargaining Unit 14 TENTATIVE AG. MENT Employer Union Date all rs ARTICLE . MILITARY LEAVE Military Leave With Pay. Employees whose appointment is for six (6) months or more shall. while on active duty or during periods of camps of instruction or ?eld maneuvers as members of the Hawaii national guard, air national guard, naval militia, organized reserves, including the of?cers' reserve corps and the enlisted reserve corps, under call of the President of the United States or the governor of the State. be placed on leave with pay status for a period not exceeding ?fteen (15) working days in any calendar year, except as provided in subparagraph A.2. No such person shall be subjected by any person. directly or indirectly, by reason of absence to any loss or diminution of vacation or holiday privileges or be prejudiced by reason of the absence with reference to promotion or continuance of employment or reemployment. If an Employee is called to? active duty or required to report for camp training or ?eld maneuvers by of?cial militapy orders a second time within a calendar year, the Employee may elect to use up to ?fteen [15] working days of the succeeding calendar year; provided that the Employee's entitlement to the working days advanced shall be canceled from the succeeding calendar year, and the Employee shall so agree in writing. The Employee who is advanced leave shall be reguired to reimburse the Employer an amount eguivalent to the days advanced in the event the Employee leaves government employment prior to completion of a year's service in the succeeding year from which leave was advanced. except in the case of death of the Employee. BU 14. Article - Military Leave Page 1 of 3 Military Leave Without Pay. Employees shall be entitled to military leave without pay for service in the United States Armed Forces. The duration pf militagy leave without pay shall not exceed ?ve (5) years provided that Employees whose period of employment is less than ?ve (5) years. the military leave without pay shall not exceed the speci?ed period of employment. The Employee has the option to 1) substitute any available paid vacation leave time for othenNise unpaid leave or 2) be paid their available vacation leave time in a lump sum payment. The Employee?s choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits. Upon conclusion of the military leave without pay. Employees shall have reemployment rights in accordance with Chapter 43 of Title 38 of the United States Code. Replacements for Employees on Military Leave Without Pay. i In ?lling a position which became vacant by military leave without payI the appointing authority may appoint a replacement Employee and shall inform the replacement the status of the replacement's employment and the provisions of this Agreement relating to militapy leaves without pay. A replacement employed in the position from which militag leave was granted shall be displaced so that the position may be ?lled again by the former Employee returning to government BU 14, Article - Military Leave Page 2 of 3 1 employment. Replacement Employees with regular status shall be 2 returned to their former positions or other comparable positions 3 deemed appropriate by the director of personnel services. In the 4 event there are no such positions, the replacement Employees shall 5 be subject to Article 9. Reduction-ln-Force. 6 7 Q: Administration and enforcement of the provision relating to 8 militan leave without pay shall be in accordance with applicable laws and 9 regulations. 10 11 i Appeals with regard to military leave without pay shall 12 be ?led with the Federal Department of Labor who is responsible for 13 administering and enforcing the respective provisions covering 14 military leave without pay. 15 16 5 Appeals relative to militagy leave without pay shall not 17 be ?led through the grievance procedure found in the collective 18 bargaining agreement. 19 20 9 Leave for Pre-Induction Examination. An Employee who is 21 absent from work for the purpose of undergoing physical examination prior 22 to induction into the United States Armed Forces shall be granted leave 23 with pay for such purposeI and the leave shall not be charged against the 24 Employee?s vacation allowance. EU 14, Article - Military Leave Page 3 of 3 Bargaining Unit 14 Employer cU Union mf? Date ARTICLE - MISCELLANEOUS The Employer agrees to furnish a copy of the Agreement together with any letter which may be furnished by the-Union outlining its collective bargaining services and membership information to all new Employees of the bargaining unit. 5. The Employer shall either reimburse the Employee for the reasonable value. or pay for the actual cost of repair. of personal clothing. prescription glasses. and watches which are maliciously damaged or destroyed by another person or animal while the Employee is acting in the discharge of the Employee's duties and without negligence. The Employer's liability shall be limited to ?fty dollars for watches. The Employer shall provide the Union upon request. not more than twice each year, lists showing the names of all Employees. their classi?cation titles, their department, and the most recent dates of continuous hire in the jurisdiction. Wherever the Employer deems it feasible. the Employer may allow Employees to work staggered or ?exible hours. Employee participation in such program shall be on a voluntapy basis. The Employer shall consult the Union prior to the implementation of a staggered or ?exible hours program. BU 14. Article Miscellaneous Page 1 of 2 2 Section 78-12I Hawai?i Revised Statutes, relating to ?salary withheld for indebtedness to the government? which also covers salam overgayment shall agply to affected Emgloxees. BU 14. Article Miscellaneous Page 2 of 2 Bargaining Unit 14 TENTATIVE 7REEMENT Employer Union Date alleging ARTICLE - NIGHT DIFFERENTIAL A. Whenever an Employee's scheduled straight-time hours. including holiday work, fall between the hours of six (6:00) pm. and six (6:00) the Employee shall be paid. in addition to the Employee's basic com ensation the amount of sixt cents .60 er hour for each hour of actual work performed during such six (6:00) pm. to six (6:00) am. hours: provided. however. if one-half or more of the Employee's scheduled straight-time hours fall between six (6:00) pm. and six (6:00) the Employee shall be paid. in addition to the Employee's basic compensation. the amount of sixty cents per hour for each straight-time hour actually worked. B. Whenever an Employee's overtime hours fall between the hours of six (6:00) pm. and six (6:00) the Employee shall be paid the night differential for each hour of actual overtime work performed durinq such six (6:00) pm. to six (6:00) am. hours. C. The Employee's basic compensation plus the night differential will be used in determining the cash payment for overtime work pursuant to Article 23I Overtime. D. For the purpose of granting differential for work performed for a portion of an hour. the differential shall be thirty cents for work of one-half(112) hour or less. and sixty cents for work of more than one- half(112) hour. BU 14, Article Night Differential Page 1 of 1 Bargaining Unit 14 TENTATIVE Employer ?0 ii; Union Date 4/1; ARTICLE - NO STRIKE 0R LOCKOUT A. The Union agrees that during the life of this Agreement the Union its a ents or its bar ainin unit members will not authorize Insti ate aid or en a in an work sto a slow down sickout refusal to workI gicketing or strike against the Emgloyer. B. The Employer agrees that during the life of this Agreement, there will be no lockout. C. Any violation of this Article by the Union or the Employer shall not be subiect to Article Grievance Procedure, and either partv mav gursue such legal remedies as grovided by law. D. Disciglinam action taken against an Emglovee for violation of this Article shall be subiect to Article Grievance Procedure. BU 14. Article No Strike or Lockout Page 1 of 1 Bargaining Unit 14 TENTATIVE AG Employer Union Date {limits? ARTICLE - OTHER LEAVES OF ABSENCE A. Leave Without Pay to Work at the State Legislature. With the approval of the chief executive. and upon request of a member of the State Le islature a re ular Em lo ee ma be ranted a leave of absence without pay to render service at the State Legislature. The leave without pay shall be for a duration of no more than twelve (12) months. The Employee shall have return rights as provided in paragraph I. B. Leave Without Pa_y to Delay a Reduction-ln-Force. A regular Employee may be granted a leave of absence without pay for no more than twelve (12) months in order to delay a planned layoff when the position which the Employee occupies has been abolished. If the Employee has not been placed at the expiration of the twelve (12) month period. the Employee shall be subject to Article 9. Reduction-ln-Force. C. Leave Without Pay for Employees Sewing Temporau Inter- governmental and lntragovernmental Assignments and Exchanges. Subiect to the provisions of section 78-27. Hawai?i Revised Statutes. Employees on temporary intergovernmental and intragovernmental assignments and exchanges may be granted leaves without pay. The Employee shall have the same rights and bene?ts as any other Employee of the sending agency who is on leave without pay status. D. Educational Leave Without Pay. An appointing authority may grant a leave without pay to regular Employees for any of the following reasons: BU 14. Article Other Leaves of Absence Page 1 of 9 pursue a course of instruction which is related to the Employee's ?eld of work: 2. To engage in research which has a bene?cial effect on the skills or knowledge required in the Employee's ?eld of work: or. 3. To improve the Employee's ability and increase the Employee's ?tness for public employment. The duration of the educational leave without pay shall be for no more than twelve (12) months. For good cause. as determined by the appointing authority. educational leave without pay may be extended an additional twelve (12) months. The Employee shall have return rights as provided in paragraph H. E. Industrial lniury Leave. 1. An Employee may be granted leave without pay not to exceed twelve (12) monthsI provided the Employee is receiving workers' compensation wage loss replacement bene?ts. 2. An Employee may be granted additional leave without pay in twelve (12) month increments, provided the Employee is receiving workers' compensation wage loss replacement bene?ts or provided the Employee's application for retirement is pending determination by the State Retirement ?st?6% F. Leave Without Pay to Work in Certain Appointive Positions. BU 14, Article - Other Leaves of Absence Page 2 of 9 appointing authority may grant a leave without pay to a regular Employee to render services as a department head, agency head, deputy department head, as a secretary to a department head or a deputy department head, or as an appointee to any other position within the jurisdiction that is mutually agreeable between the Employer and the Union. The Employer shall compile a list of the appointive positions to which this section applies and maintain its currency. 2. The rights of an Employee who is released from the above appointments are as follows: a. Upon completion of no more than four (4) years of the leave without pay. reinstatement in the position in which the Employee last held a permanent appointment. In the event the Employee is retained beyond these four (4) years for the transition to a new chief executive's term. but for not more than three (3) months. the Employee shall retain the reinstatement right to the Employee's former civil service position. b. Following more than four (4) years of leave without pay, reinstatement to the Employee's former position if vacant or placement in a comparable vacant position. 0. Upon reinstatement in the former position or placement in another comparable position, compensation shall be as though the Employee had remained continuously in the position. G. Other Leaves Without Pay. An appointing authority may grant regular or non-regular Employees leaves without pay for no more than twelve (12) months. for any of the following reasons: BU 14. Article - Other Leaves of Absence Page 3 of 9 1. To recuperate from physical or mental illnesses: provided. for leaves without pay of ?ve (5) days or more. an Employee shall submit a licensed physician's certi?cate to substantiate the fact that period of leave without pay was due entirely to sickness and that the Employee is physically andlor mentally able to resume the duties of the Employee's osition. owever the Em lo er ma re uire an Em lo ac to submita licensed physician?s certi?cate from the ?rst day of absence without pay. 2. Death in the family. 3. To extend an annual vacation leave for travel, rest, or for recreation purposes. 4. To seek political of?ce. 5. Personal business of an emergency nature. 6. Annual periods of temporagy cessation of normal operation. 7. Child or prenatal care. 8. Child adoption leave. 9. Care for an immediate family member (as de?ned in Article 37 - Funeral Leave) who is ill or injured. 10. Care for parents, spouse. children andlor grandparents who are unable to perform one or more Activities of Daily Living (ADL). Typical Activities of Daily Living include the following: BU 14, Article Other Leaves of Absence Page 4 of 9 Loco-ammunme Mobility: Walking or wheeling any distance on a level surface. b. Transferring: Moving between the bed and a chair or the bed and a wheelchair. c. Dressing: Putting on and taking off all necessary items of clothing. d. Toileting: Getting to and from the toilet, getting on and off the toilet. and associated personal hygiene. e. Eating: All maior tasks of getting food into the body. f. Bathing: Getting into or out of a tub or shower andlor othenivise washing the parts of the body. 9. Continence: Controlling one's bladder and bowel functions. H. Return Rights from a Leave Without Pay. Except as speci?cally provided otherwise in this Article. an Employee granted leave without pay under this Article shall. upon condition of showing to the satisfaction of the appointing authority that the Employee has ful?lled the purpose of the leave, shall have the following rights: 1. A regular Employee, upon expiration of the leave shall be reinstated to the Employee's former position; provided, that if such position has been abolished during the period of such leave, the provisions of Article 9, Reduction-In-Force shall be applicable. BU 14. Article Other Leaves of Absence Page 5 of 9 non-regular Employee, upon expiration of the leave shall have reinstatement r_ights to the Employee's former position, provided that the status and function of the position remained the same in the Employee's absence. In the event that the Employee cannot be reinstated, the Employee shall be terminated. 3. Failure of an Employee to return to duty at the expiration of the leave shall be deemed a resignation: provided that if within ?fteen (15) days of the expiration of the leave. the Employee furnishes satisfactory reasons to the appointing authority as to why the Employee was unable to return immediately after the expiration of the leave, the Employee shall be entitled to such rights as the Employee had at the expiration of the leave. In the event the appointing authority does not accept the reasons, the issue of the reasonableness of the reasons shall be subject to the provisions of Article 11. Grievance Procedure. I. Other Rights and Conditions. 1. A regular Employee on an approved leave of absence shall be eligible during the period on such leave for promotional examinations and status of promotional eligible lists under the same conditions as though in active service. 2. An Employee who accepts employment, either in another position under civil service or in con?ict with the purpose of the leave during the leave of absence, shall be deemed to have resigned from the Employee's position from which the leave was granted, effective the date of the appointment to the other position. J. Unauthorized Leave. Any absence from work which does not meet the reguirements for an authorized leave, with or without pay, shall be BU 14, Article - Other Leaves of Absence Page 6 of 9 charged as unauthorized absence from work. Any period of unauthorized absence from work shall not be considered as service rendered. K. Leave Pending Investigation of Charges. 1. Whenever an investigation of charges against an Employee is gending and the Emgloyee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place. the Employee may be placed on a leave of absence without gay gending investigation subiect to the following: a. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts. on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay gending an investigation. b. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessagy to conclude the investigation, but not exceeding thirty {30] days. In the event the investigation exceeds thirty [30} days, the aggointing authority may exercise its ogtions grovided in subgaragragh K.2. c. If the Employee who has been placed on leave of absence without pay gending investigation is cleared of all charges or if the charges are drogged or not substantiated, the Emgloyee shall be reinstated without loss of gay and all rights and bene?ts will BU 14, Article Other Leaves of Absence Page 7 of 9 be restored as though the Employee had not been on leave of absence without pay pending an investiga_tion. d. Disciplinary or Discharge Action Resulting From an Investigation of Charges. 1) In the event a suspension is warranted, the Emgloyer may consider any gortion of the period of the leave of absence without pay gending an investigation towards ful?lling, in whole or in part, the disciglinagy action considered appropriate by the Employer. The Employee shall be reinstated without loss of pay and bene?ts for any portion of the period of the leave of absence without pay which has not been considered towards ful?lling the disciplinary action. 2] In the event a discharge is warranted, the Employee shall not be granted any back pay or restored with any rights and bene?ts for the period of the leave of absence without gay gending an investigation. 2. Notwithstanding the foregoing, whenever an investigation of charges against an Emgloyee is gending, the Emgloyer shall have the discretion to: a. retain the Emgloyee in active duty status; b. glace the Emgloyee on leave of absence with gay; c. return the Emgloyee to active duty status from leave without pay gending an investigation; or, BU 14. Article Other Leaves of Absence Page 8 of 9 2 3 4 5 d. reassiqn the Employee to another work unit or area and in the same or different capacity. The action shall be for the length of time as may be necessag to conclude the investiqation. BU 14, Article - Other Leaves of Absence Page 9 of 9 Bargaining Unit 14 TENTATIVEA MENT Employer kg KEIE Union Date i ARTICLE - OVERTIME A. Coverage: Credit for Overtime Work. Employees are entitled to receive cash payment or compensatopy time credit because of overtime work. B. Occurrence of Overtime Work. Overtime work occurs when an Employee renders service at the direction of proper authority and if the performance of such service is: 1. In excess of a scheduled eight (8) hour workday. 2. In excess of forty (40) straight-time hours per workweek. 3. On any day which is observed as a lean holiday; whenever the maior portion of a shift falls on a day observed as a legal holiday. work performed during the entire eight (8) hour shift shall constitute overtime work provided that no further credit because of the overtime work shall be I granted notwithstanding any other provision of this Article. 4. On the Employee's scheduled day off and there has been no change, by mutual consent (or by due prior notice), in the work schedule. 5. In operating units subiect to shift work when an Employee is reguired to report to a new shift with less than a lapse of twelve (12! hours of resL the Employee shall continue to earn overtime until such a rest period is granted. BU 14, Article - Overtime Page 1 of 6 6. In accordance with speci?c conditions stipulated by this Agreement. 7. If work schedules are not posted two (2) weeks in advance pursuant to paragraph A of Article 22I Shift Work, Employees affected shall be credited for overtime work for each hour of work performed on the ?rst day of such new schedule. 8. In operating units rendering public service seven (7) days per week, whenever an Employee whose work is subject to shifts is required to render full-time service for more than six (6) consecutive days. the Employee shall be entitled to overtime for each hour of work performed on the seventh day and each succeeding day until the Employee is granted a period of rest for twenty-four (24) non-work hours. 9. Whenever an Employee is required to perform overtime work within the sixteen (16) hour period immediately prior to the start of the Employee's scheduled workday and does not receive at least a total of ten (10) hours of rest within such sixteen (16) hour period, the Employee shall be entitled to overtime credits to be applied to the straight-time hours actually worked on such scheduled workday which shall be equal to the difference between the ten (10) hours and the number of actual hours of rest received. C. Additions and exceptions to the above provisions are as follows: 1. Occurrence of overtime work with respect to of?cial leave with pay or compensatory time--any of?cial leave with pay or compensatm time credits which have been actually taken by an Employee shall be BU 14, Article - Overtime Page 2 of 6 included in computing whether an Employee has worked in excess of eight (8) hours in a day or forty (40) hours in a week. 2. Whenever an Employee is required. with less than forty-eight (48) hours advance notice, to report for work on a workday or a shift for which the Employee was not'officially scheduled, the Employee shall be credited for overtime work for each hour of work performed on the ?rst workdav of such new scheduled day or shift. 3. Exchange for Perquisites. An Employee who by agreement receives perquisites or accommodations in exchange for rendering standby or emergency duty in excess of the Employee's normal hours of work: a. Will not earn overtime for rendering scheduled standby duty; b. Will not earn overtime when called to perform emergency service during the Employee's scheduled hours of standby duty; c. Will earn overtime for each hour of work when called to emergency duty on the Employee's scheduled day off. D. Conversion to Compensatory Time Credit. The number of actual hours of overtime worked shall be converted to compensatory time credit at the rate of one and one-half (1 1/2) hours of compensatory time credit for each hour of overtime worked or fraction thereof computed to the nearest ?fteen (15) minutes except as provided in Article 27. relating to Call Back Pay. BU 14, Article Overtime Page 3 of 6 0) all OYU1 rhCompensatory Time Off. An Employee who has compensatory time credit shall be scheduled for compensatopy time off as mutually agreed to with the Employee's appointing authority. F. An Employee on compensatory time off shall be deemed to be on of?cial leave with pay status. G. An Employee who noti?es the department head in advance or substantiates to the satisfaction of the department head that the Employee was sick on a scheduled day of compensatory time off. shall be charged only for sick leave. H. Compensation for Overtime Work. The provisions of this Article in regard to payment in cash shall be applicable in all cases except where the Employee who has performed the overtime work elects. in writing. to take compensatory time off in lieu of cash; provided that the number of hours of compensatory time credits that an Employee may accumulate shall not exceed two hundred forty (240) hours. For an Employee whose balance exceeds two hundred forty (240) hours as of July 1, 2007. the Employer and the Employee shall mutually agree on a I methodology to reduce the balance to two hundred forty (240) hours. including a timetable for such reduction. l. Cash Payment for Overtime Worked. 1. The basic compensation for an Employee who performs overtime work shall include all differentials an Employee is receiving when performing overtime workI except for hazard pay differentials. To convert an Employee's basic compensation to an hou?y rate. the following formula shall be used: salary plus the amount of differentials) BU 14, Article Overtime Page 4 of 6 tom-ammo.me multiplied by 12 months then divided by 2,080 hours: plus any hourly differentials the Employee is earning. 2. Cash payment for overtime work shall be calculated as lus differentials as determined in L1. multiplied by the number of hours worked or fraction thereof computed to the nearest ?fteen 115) minutes multiplied again by one and one-half. $15.00 .31) 8 hours of overtime work 1-1/2 $183.72) follows: basic rate of a 3. Cash payment for overtime work shall be made within thirty (30) days (approximately two (2) pay periods) from the date the Employee submits the appropriate Employer form for overtime payment. J. At the time of termination or resignation from service. the Employee shall be paid in cash for all compensatory time credit earned but not yet taken as compensatog time off. K. Mutual Agreement. A Mutual Agreement in writing may be entered into between the Union and the Employer. Through such an Agreement, the limitation of Article 23. Overtime, may be modi?ed. L. De?nitions. The following de?nitions are speci?cally intended to clarify the intent of this Article. 1. Workday or shift. The term "workday" or "shift" is de?ned as a period of eight (8) hours during which a full-time Employee is scheduled to perform a normal day's work. For scheduling purposes. a workday or shift may begin on one day and end on the next day. g. Work subiect to shifts or shift work. The term "work subject to shifts" or "shift work" is de?ned as a work operation in which there is more BU 14, Article Overtime Page 5 of 6 than one workday or shift in a calendar day. Flexible or staggered working hours shall not be considered in determining whether more than one such workday occurs in a calendar day. 3. Pro-shift. The term "Ere-shift" is de?ned as that geriod of time immediately preceding a workday. 4. Post-shift. The term "post-shift" is de?ned as that period of time immediately followinq a workday. BU 14, Article Overtime Page 6 of 6 Bargaining Unit 14 TENTATIVEA EMENT Employer Union Date l0 IS IS ARTICLE - PARKING A. Parking Rates. 1. This paragraph shall apply only to Employees under the following conditions: a. The Employee is required to provide a personal vehicle for work purposes as a condition of employment as determined by the Employer; and b. The Employee parks at a parking facility under the iurisdiction of the State Department of Accounting and General Services or the City and County of Honolulu Building Department. 2. Parking rates for Employees covered by this paragraph shall be as follows: STATE OF HAWAII Island of Oahu Covered Parking $12.50/month Uncovered Parking 7.5OImonth Neighbor Islands Covered Parking 7.50/month Uncovered Parking 5.00/month BU 14, Article - Parking Page 1 of 3 CITY AND COUNTY OF HONOLULU All Parking 35 7.501month B. It is understood and agreed that Employees who are required to provide a personal automobile as a condition of employment and who are parking in commercial parking facilities shall be offered a parking assignment in a DAGS or City Building Department facility, as applicable, and as space becomes available. Until such time that the Employer can offer such parking assignment, the Employer agrees to reimburse each Employee a sum as follows: STATE OF HAWAII 1w Covered Parking $12.50/month Uncovered Parking 7.5OImonth Neighbor Islands Covered Parking 5 7.501month Uncovered Parking 5.00!month CITY AND COUNTY OF HONOLULU All Parking 5 7.501month Any Employee who declines an offer to park in a DAGS or City Building Department facility shall not be entitled to the reimbursement. C. It is further understood and agreed that Employees who are required to provide a personal automobile as a condition of employment and who presently BU 14, Article Parking Page 2 of 3 1 are not charged for Qarking shall continue to receive free Qarking, unless their 2 conditions of employment are changed. BU 14, Article Parking Page 3 of 3 mm-de'lIbU-INH Bargaining Unit 14 TENTATIVE GREENENT Employer Union Date 7, 9?3: [15 I I ARTICLE - PERSONAL RIGHTS AND REPRESENTATION The Employer shall not require Employees to transport government equipment in their private vehicles. if such Employees do not receive mileage allowance. Upon the request of the Union. existing dress and personal appearance codes shall be reviewed by the Employer or designee and Union. The Employer or designee shall consult with the Union before establishing new dress and personal appearance codes. 9 Both parties agree that Employees shall not use their business addresses (place of employment) to receive personal mail: provided, however, if personal mail is sent to Employees' business addresses without their knowledqe or consent. the Employer shall endeavor to forward such personal mail unopened. The Employer shall provide Employees with supplies and equipment which are required in the performance of the Employee's of?cial duties. Except in the case of negligence on the part of the Employee, when such equipment is stolen. lost. damaqed and/or worn out it shall be repaired or replaced by the Employer. E: The Employer shall provide legal counsel for an Employee upon request when: The Employee is sued for actions taken in the course of employment and within the scope of the Employee's duties and resnonsibilities. BU 14. Article -- Personal Rights and Representation Page 1 of 4 The Employee must appear as a defendant or is subpoenaed to appear in court when sued for actions taken in the course of employment and within the scope of the Employee's duties and responsibilities. i The Employee must appear as a witness or is subpoenaed to appear in court on a matter arising in the course of employment and within the scope of the Employee's duties and responsibilities. g: The Employee is required to give deposition or answer interrogatories on a matter arising in the course of employment and within the scope of the Employee's duties and responsibilities. In addition, the Employee's required presence in any of the foregoing situations shall be considered work time. provided. whenever an Employee's required presence is on the Employee's scheduled day off or holiday off, the Employee shall be guaranteed a minimum of three (3) hours straight time pay. 5 When grievances are ?led against Employees of this unit for actions taken by them in the course of their and within the scope of their supervisory and/or managerial duties and responsibilities. the Employer shall provide them with necessary staff sunport and representation. When such assistance is reguested by the Employee and the Employer fails to furnish such assistance, the Employee will not be penalized for any improper action taken. The Employer shall provide Employees with advice and assistance in the interpretation and administration of collective bargaining contracts or agreements covering their subordinates. Whenever BU 14. Article Personal Rights and Representation Page 2 of 4 Employees perform or carry out their assigned supervisory andlor managerial duties and responsibilities, based on such advice and assistance, the Employer agrees to provide full support to the Employees should con?ict or grievances arise. ii. The Employee shall have the right to refuse for good cause as determined by the Employer to work overtime, to accept a temporagy assignment. and to perform any work not representative of the Employee's class. If a iudgment or court approved settlement is made against an Employee in a civil suit for actions taken in the course of employment and within the scope of the Employee's duties and responsibilities, the Employer agrees to do no more than submit to the Legislature or the County Council any judgment (or court approved settlement) against the Emplo_yee. with the Employer retaining the discretion of recommending or not recommending legislative approval. i Bill of Rights. No Employee shall be required to sign a statement of complaint ?led against the Employee. If the Employer pursues an investigation based on such complaint, the Employee shall be advised of the seriousness of the complaint. The Employee will be informed of the complaint, and will be afforded an opportunity to respond to the complaint, and to furnish evidence in support of the Employee's case. The Employee shall have the right to be represented by the Union in presenting the Employee's case. BU 14, Article Personal Rights and Representation Page 3 of 4 i Before making a ?nal decisionI the Employer shall review and consider all available evidence and dataI including factors supporting the Employee's position, whether or not the Employee offers such factors in the Employee's own defense. 5 If the complaint ?led against the Employee results in disciplinary action. and the Union or Employee believes that the action taken is improper or uniust, the Union or the Emplovee shall have the right to process a grievance pursuant to Article 11, Grievance Procedure. BU 14. Article Personal Rights and Representation Page 4 of 4 mm?mm?wMH Bargaining Unit 14 TENTATIVE AGREEMENT I aim? Date a ARTICLE - PERSONNEL FILE A. An Employee shall. upon request and by appointment. be permitted to examine the Employee's personnel ?les. The Employee shall be given a copy of any material if it is to be used in connection with a grievance or personnel hearing. B. No derogatory material shall be placed in the Employee's personnel ?le unless the Employee has had an opportunity to read the material and an opportunity to sign it indicating the Employee had read the material. The Employee shall also be given an opportunity to attach explanatory remarks. C. Upon reguest of the Employee or the Union with consent of the Employee, derogatogy material in the Employee's ?le shall be destroyed after two (2) years. unless the department head makes a determination of the current relevancy of such material. If the Employee or the Union upon consent of the Employee disputes the relevancy of such material. the department head shall attach reasons for relevancy to such material in writing. The Employee or the Union may again reguest destruction of such material after one (1) year. D. All derogatogy material shall be destroyed after ?ve years. E. The employment histog record shall not be destroyed. F. The Employer may maintain more than one personnel ?le: however, one of these ?les shall include, but not be limited to, an Employee's personnel transaction records, derogatogy materials, BU 14. Article - Personnel File Page 1 of 2 1 commendatory materials and performance evaluations. The Employer shall 2 designate and inform the Union of the location of the ?le. BU 14, Article Personnel File Page 2 of 2 mooqmmawaI-J Bargaining Unit 14 TENTATIVEA REEMENT Employer Union Date (5 ARTICLE - PERSONNEL POLICY CHANGES A. All matters affecting Employee relations. including those that areI or may be, the subiect of a regulation promulgated by the Employer or any Personnel Director, are subiect to consultation with the Union. The Employer shall consult with the Union prior to effecting changes in any maior policy affecting Employee relations. B. No changes in wages, hours or other conditions of work contained herein may be made except by mutual consent. BU 14. Article - Personnel Policy Changes Page 1 of 1 tomqmmiewmi?r Bargaining Unit 14 GR EMENT Employer ?ilm' lS' Union Date ARTICLE - PROMOTIONS A. Seniority shall mean an Employee's continuous length of creditable overnment service in the? State and Count 'urisdictions. Seniority shall not apply to an Employee until the Employee has completed the initial probationary period. Upon satisfactory completion of the Employee's initial probationary period. the Employee shall be credited with seniority from the date of hire. All authorized leaves without pay shall not constitute a break in service and shall be creditable for computing total continuous length of service. If an Employee's continuous service is involuntarily terminated in good standing and the Employee returns to the governmental jurisdiction which the Employee left within one (1) year, the break in service shall be disregarded. but shall not be considered as creditable service. B. When making promotions. Civil Service statutes. rules, regulationsI and procedures governing promotions which exist on the effective date of this Agreement shall be applied, except as modi?ed below. 1. For competitive promotions, the existing policies on announcements shall remain in effect. For non-competitive promotions, all notices to ?ll authorized vacancies shall be posted on appropriate bulletin boards for at least ten (10) calendar days prior to the closing date for receipt of applications. If the Employer does not post the notices for the speci?ed number of days as provided in this section, the Employee shall be entitled to submit a late application; BU 14, Article - Promotions Page 1 of 3 mmummse-wroI?I 2. With respect to tests andlor examinations used in selecting Employees for promotions. the Employer assures the Union that continuing efforts will be made to use tests and/or examinations that directly relate to the skills, abilities, and Quali?cations reguired for the class; 3. An Employee selected for promotion must meet the minimum Qualifications; 4. Other factors being relatively equaL seniority shall prevail: 5. In the event an Employee with the greatest seniority applies and Quali?es for a promotion and is denied the promotion, if the Employee so requests, the Employee shall be given a written statement of the reasons for denial: 6. When the selection is made. a notice of selection shall be posted on the appropriate bulletin board where the vacancy existed; 7. When making promotions, the Employer shall consider the following order of priority: a. In the case of the respective County iurisdictions: 1) Employees within the division where the vacancy occurs; 2) Employees within the department where the vacancy occurs; BU 14, Article Promotions Page 2 of 3 1 3] Employees within the respective iurisdiction. 2 3 b. In the case of the State jurisdiction: 4 5 1 Em lo ees within a division on the island where 6 the vacancy occurs; 7 8 2 Em Io ees within the de artment on the island 9 where the vacancy occurs; 10 11 3] Employees within the division (statewide) where 12 the vacancy occurs: 13 14 4) Employees within the department (statewide) 15 where the vacancy occurs; 16 17 5) Employees within the iurisdiction on the island 18 where the vacancy occurs: 19 20 6) Employees within the iurisdiction (statewide). 21 22 (Note: The island of Maui includes the islands of 23 Moloka?i; including Kalaupapa and Lana?i.) BU 14, Article Promotions Page 3 of 3 Bargaining Unit 14 TENTATIVE Employer Union Date ?ll/mills 1 ARTICLE - RECOGNITION 2 3 A. The Employer recoqnizes the Union as the exclusive 4 bargaining agent of the unit certified by the Hawai?i Labor Relations Board 5 consisting of state law enforcement of?cers and state and county ocean 6 safety and water safety of?cers employed by the State of Hawai?i. the City 7 and County of Honolulu, the County of Hawai?i, the County of Maui, the 8 County of Kaua?i, the Hawai?i Health Systems Corporation and the 9 Judiciam. 10 11 B. The term "Employee" as used in this Agreement refers to 12 Employees in the bargaining unit. BU 14. Article Recognition Page 1 of 1 accumulation?n Bargaining Unit 14 Employer Union Date Q!%!i5 ARTICLE - REDUCTION-IN-FORCEILAYOFF Part I of this proposal applies to Bargaining Unit 3 employees transferred - to Bargaining Unit 14 through Legislative action. Part ll of this proposal applies to Bargaining Unit 4 employees transferred to Bargaining Unit 14 through Legislative action. Howeverl the Employer additionally prOposes that the Union and Employer establish a subcommittee to review and propose changesI as appropriate, to this Article. The subcommittee shall consist of an equal number of participants from the Union and Employer, provided that the total number of participants on the subcommittee shall not exceed . Any proposed revisions from the aforementioned subcommittee?s discussions shall be considered in draft form and shall be reported to the respective parties Union and Employer) for determination of appropriate action. Part I (For Bargaining Unit 3 employees transferred to Bargaining Unit 14) A. All personnel actions under Part I of this Article shall be restricted to members and positions of this bargaining unitl transferred from Bargaining Unit 3 and shall be con?ned to the governmental jurisdiction in which the reduction-in-force occurs. B. When there is an impending reduction-in-force because of lack of work or fundsl the appointing authority shall inform the respective Central Personnel Agency and the UnionI in writingI as soon as possible but in any case at least ninety [90) calendar days before the impending reduction-in-force will take place. BU 14. Article - Reduction-in-Force Page 1 of 14 C. The?mployer shall consult with the Union on its plans for the reduction-in-force. D. Waiver of Bumping Rights. The Employee affected by the reduction-in-force may waive bumping rights, in writing to the Central Personnel Agency. thereby limiting placement to vacant positions. E. Retention Points for Regular Employees. In the event of a reduction-in-force, the displacement or termination of services of an Employee shall be based on the Employee's total continuous creditable service within the Employee's applicable governmental jurisdiction but not excluding the combined service time of classes of Employees whose functions are transferred from one jurisdiction to another through action of the legislature. Except for Employees who are laid off and rehired within one (1) year, service prior to separation from service with the Employer is not creditable, in which case, creditable service shall begin on the date of the Employee's return to service. Retention points shall be computed on the basis of one (1) point for each full month of employment in the applicable iurisdiction, including service in another iurisdiction prior to any transfer of the Employee's position to the applicable iurisdiction through legislative action. A fraction of a month of service shall be used to break "ties." Retention points shall be computed up to the day on which the work or funds terminate. Creditable service for purposes of computing retention points shall include all authorized non-disciplinapg leaves of absence, however, suspensions (including unauthorized leave charged in lieu of suspension) shall not constitute a break in continuous service. F. Conditions for Placement of Regular Employees. BU 14, Article Reduction-in-Force Page 2 of 14 1. The Employee must meet the minimum quali?cation requirements of the class of the position in which the Employee is to be placed. 2. The Employee is a regular Employee of the iurisdiction. 3. The Employee shall have priority for placement in the vacant position to which the Employee is referred under the provisions of this Article. 4. The Employee shall be referred for placement in a position on the basis of the Employee's indication of the geographic locationls) (island and district) where the Employee is willing to be placed; the minimum pay range not higher than that of the Employee's present position, that the Employee will accept: and the type of appointment. regular andlor non- regular. that the Employee will accept. The appointing authority shall provide the Union with a listing of all vacant positions which meet the conditions under which the Employee has indicated the Employee would be willing to accept. 5. The Employee shall be entitled to only one referral for placement in a position which is in accordance with the terms the Employee speci?ed as provided for in (4) above. If the Employee should fail to accept the offer of employment in the position, the Employee's services shall be terminated on the abolishment date of the position or termination of funds or work, or the date of displacement, and the Employee's name shall be placed on the recall list. G. Bumping Procedures for Regular Employees with the Employing Department. If the Employee cannot be placed in a vacant position, a reduction-in-force will be effectuated. In the order of utilization BU 14, Article Reduction-in-Force Page 3 of 14 outlined below. the appointing authority shall provide the Union with a list of all positions and their classi?cation, the incumbents' names, and the incumbents' retention points. Subject to the conditions set forth in (F) above. the following order shall be observed in bumping and layoff of Employees. 1. Non-regular Employee who occupies a permanent position in the same class when there is more than one such Employee. in the following order: ?rst, an Employee serving an emergency appointment; second, temporary appointment outside the list; third. provisional appointment Employee; fourth. a limited-term appointment Employee: and fifth, a probational appointment Employee. 2. Regular Employee who occupies a position in the same class and has the least retention points. 3. Non-regular Employee who occupies a permanent position in a related class of the same pay range. When there is more than one (1) such Employee, the order of bumping will be as provided in (1) above. 4. Regular Employee who occupies a position in a related class of the same pay range and has the least retention points. 5. Non-regular Employee who occupies a permanent position in a class of a lower pay range in the same series. Where there is more than one such Employee, the order of bumping will be as provided in (11 above. 6. Regular Employee who occupies a position in a class of a lower pay range in the same series and has the least retention points. BU 14. Article - Reduction-in-Force Page 4 of 14 7. Non-regular Employee who occupies a permanent position in a class of a lower pay range in a related series. Where there is more than one (11 such Employee, the order of bumping will be as provided in above. 8. Regular Employee who occupies a position in a class of a lower pay range in a related series and has the least retention points. When the Employee cannot be placed in another permanent position. the same order of bumping may be repeated for temporagy positions prior to layoff. In the event that a regular Civil Service Employee has less than twenty-four (24) retention points and cannot be placed in the Employee's department. the appointing authority shall notify the affected Employee. the Union. and the Central Personnel Agency in writing at least sixty (60) calendar days prior to the layoff. The appointing authority shall also notify the Central Personnel Agency in writing that a iurisdiction-wide reduction- in-force needs to be effectuated provided that the has at least twenty-four (24) retention points and is a regular Civil Service Employee. H. Jurisdiction-wide Reduction-in-Force for Regular Employees. A iurisdiction-wide reduction-in-force action will be effectuated only for a Egular Civil Service Employee who has not been referred for placement or cannot be placed in an appropriate position within the employing department and if the Employee has regular or permanent Civil Service status with the iurisdiction with at least twenty-four (24) retention points. A regular Employee with less than twenty-four124) retention points will have retention rights only within the department in which the Employee is employed. The Employee affected by reduction-in-force shall be referred for placement in another position on the basis of Section FI Conditions for Placement of Regular Employees. In a iurisdiction-wide reduction-in-force action, the order used shall be in accordance with Section GI Bumping BU 14, Article - Reduction-in-Force Page 5 of 14 Procedures for Regular Employees within the Employing Department. The Employer shall furnish the Union with information similar to the information requirements of Sections and G. When a regular Employee cannot be placed in another position, the Central Personnel Agency shall notim the Employee and the Union, at least sixty (60] calendar days prior to the date the Employee's services will be terminated, and the Employee's name will be placed on the appropriate recall list. I. Placement of Laid Off Regular Employees on the Recall List. A regular Employee who has been laid off shall have the Employee?s name placed on the recall list for the class of work from which the Employee's services were terminated and any related class at the same salary range for which the Employee meets the minimum quali?cation requirements provided there is no recall list for such related class. The Employee's eligibility may be terminated for any of the following reasons: 1. The Employee is no longer able to perform satisfactorily the duties of the class of work. 2. The Employee is appointed to a permanent position. 3. The Employee refuses two (2) offers of employment under the conditions that the Employee had previously indicated the Employee would accept 4. The Employee fails to respond without good cause within ten 10 da to a written in ui sent to the last address the Em lo ee provided. 5. The Employee is no longer available for employment. BU 14, Article Reduction-in-Force Page 6 of 14 6. The Employee fails to report to duty after the Employee's appointment. without good cause. within the time prescribed by the appointing authority. A laid off Employee's eligibility may be terminated for other valid reasons provided that if such an Employee's eligibility is so terminated, the Employee shall have the right to challenge the validity in accordance with the provisions of Article 11, Grievance Procedure. J. Rank on the Recall List. Employees shall be ranked on the appropriate recall list and shall be certi?ed to vacancies on the basis of retention points. The Employee with the highest retention points shall be ranked number 1I the next higherI number 2, etc. K. Laid off Employees on the recall list shall be given ?rst preference in the selection for vacancies over any other eligible lists. The laid off Employee with the highest retention points from the appropriate recall list shall be certi?ed ?rst. Certi?cation of the next highest laid off Employee and subsequent eligibles shall be made only upon the refusal of the position by the higher laid off Employee or should such laid off Employee not be appointed for good cause. L. The Employer upon request of the Union shall provide the Union, once annually. with cOpies of current recall lists showing the names of the regular Employees laid off. the departments in which they were last employed. and their total creditable service at the time of their layoff. M. The time limits for notices contained herein shall not apply to the elimination of a Federally funded position where the Employer has insuf?cient notice by the Federal government to meet the time reguirements. BU 14, Article - Reduction-in-Force Page 7 of 14 comwowmncoN?n Part II (For Bargaining Unit 4 employees transferred to Bargaining Unit 14) A. All personnel actions under Part II of this Article shall be restricted to members and positions [of this bargaining unit] transferred from Bargaining Unit 4 and shall be con?ned to the governmental jurisdiction in which the layoff occurs. B. When there is an impending layoff because of lack of work or funds, the appointing authority shall inform the respective Central Personnel Agency. the affected Employee or Employees and the Union. in writing, as soon as possible but in any case at least ninety (90) calendar days before the impending layoff will take place. C. The Employer shall consult with the Union on the plans for layoff. D. Waiver of Displacement Rights. The Employee affected by layoff may waive displacement rights. in writing to the Central Personnel Agency, thereby limiting placement to vacant positions. E. Retention Points for Regular Employees. In the event of a layoff, the displacement or termination of services of an Employee shall be based on the Employee's total continuous creditable service within the Employee's applicable governmental iurisdiction but not excluding the combined service time of classes of Employees whose functions are transferred from one jurisdiction to another through action of the legislature. Except for Employees who are laid off and rehired within one (1) year, service prior to separation from service with the Employer is not creditable, in which case, creditable service shall begin on the date of the Employee's return to service. Retention points shall be computed on the BU 14, Article Reduction-in?Force Page 8 of 14 basis of one point for each full month of employment in the applicable iurisdiction, including service in another iurisdiction prior to any transfer of the Employee's position to the applicable iurisdiction through legislative action. A fraction of a month of service shall be used to break "ties." Service rendered up to the day prior to the day on which layoff is to take place will be included in the computation. The following periods of leaves without pay are creditable for computing retention points: (1) educational: (2) employment with the legislature: (3) loan to other governments: (4) 6 United States milita service' 7 temporagy service in a duly recognized government Employee union: and (8) illness. research' 5 industrial in'u F. Conditions for Placement of Regular Employees. 1. The Employee must meet the minimum quali?cation requirements of the class of the position in which the Employee is to be placed. 2. The Employee is a regular Employee of the jurisdiction. 3. The Employee shall have priority for placement in the vacant position to which the Employee is referred under the provisions of this Article. 4. The Employee shall be referred for placement in a position on the basis of the Employee's indication of the geographic location(s) (island and district) where the Employee is willing to be placed: the minimum pay range, not higher than that of the Employee's present position, that the Employee will accept; and the type of appointment, regular andlor non-regular, that the Employee will accept. The appointing authority shall provide the Union with a listing of all vacant positions which meet the BU 14, Article - Reduction-in-Force Page 9 of 14 conditions under which the Employee has indicated the Employee would be willing to accept. 5. The Employee shall be entitled to only one referral for placement in a position which is in accordance with the terms the Employee speci?ed as provided for in (4) above. If the Employee should fail to accept the offer of employment in the position, the Employee's services shall be terminated on the abolishment date of the position or the date of displacement, and the Employee's name shall be placed on the recall list. G. Bumping Procedures for Regular Employees within the Employing Department. If the Employee cannot be placed in a vacant position, a layoff will be effectuated. In the order of utilization outlined below, the appointing authority shall provide the Union with a list of all positions and their classi?cations. the incumbents' names. and the incumbents' retention points. Subiect to the conditions set forth in (F) above, the following order shall be observed in layoff and displacement of Employees: 1. Non-regular Employee who occupies a permanent position in the same class when there is more than one such Employee, in the following order: ?rst, an Employee serving an emergency appointment; second, temporapg appointment outside the list; third, provisional appointment Employee; fourth, a limited-term appointment Employee; and ?fth, a probational appointment Employee. 2. Regular Employee who occupies a position in the same class and has the least retention points. BU 14, Article Reduction-in-Force Page 10 of 14 3. Non-requlaLEmployee who occupies a permanent position in a related class of the same pay range. Where there is more than one such Employee. the order of layoff will be as provided in 11) above. 4. Regular Employee who occupies a position in a related class of the same pay range and has the least retention points. 5. Non-regular Employee who occupies a permanent position in a class of a lower pay range in the same series. When there is more than one such Employee. the order of layoff will be as provided in (1) above. 6. Regular Employee who occupies a position in a class of a lower pay range in the same series and has the least retention points. 7. Non-regular Employee who occupies a permanent position in a class of a lower pay range in a related series. Where there is more than one such Employee. the order of layoff will be as provided in (1) above. 8. Regular Employee who occupies a position in a class of a lower pay range in a related series and has the least retention points. When the Employee cannot be placed in another permanent position, the same order of displacement may be repeated for temporary positions prior to layoff. In the event that a regular Civil Service Employee cannot be placed in the Employee's department, the appointing authority shall notify the affected Employee and the Union and the Central Personnel Agency in writing at least sixty [60) calendar days prior to the layoff. The appointing authority shall also notify the Central Personnel Agency in writing that a EU 14, Article Reduction-in-Force Page 11 of 14 iurisdiction-wide layoff needs to be effectuated if the Employee has at least twenty-four (24) retention points and is a regular Civil Service Employee. H. Jurisdiction-wide Layoff Action for Regular Employees. A jurisdiction-wide layoff action will be effectuated only for a regular Civil Service Employee who has not been referred for placement or cannot be placed in an appropriate position within the employing department and if the Employee has regular or permanent Civil Service status with the jurisdiction with at least twenty-four (24) retention points. A regular Employee with less than twenty-four (24) retention points will have retention rights only within the department in which the Employee is employed. The Employee affected by layoff shall be referred for placement in another position on the basis of Section IL Conditions for Placement of Regular Employees. In a iurisdiction-wide layoff action, the order used shall be in accordance with Section G. Bumping Procedures for Regular Employees within the Employing Department. The Employer shall furnish the Union with information similar to the information requirements of Sections and G. When the Employee cannot be placed in another position. the Employee's services will be terminated. and the Employee's name will be placed on the appropriate recall list. I. Placement of Laid Off Regular Employees on the Recall List. A regular Employee who has been laid off shall have the Employee's name placed on the appropriate recall list and shall have eligibility for placement in the class of work from which the Employee's services were terminated. The Employee's eligibility may be terminated for any of the following reasons: 1. The Employee is no longer able to perform satisfactorily the duties of the class of work. BU 14. Article Reduction-in-Force Page 12 of 14 2. The Employee is appointed to a permanent position. 3. The Employee refuses two offers of employment under the conditions that the Employee had previously indicated the Employee would accept 4. The Employee fails to respond without good cause within ten 10 da 5 to a written in ui sent to the last address the Em lo ee provided. 5. The Employee is no longer available for employment. 6. The Employee fails to report to duty after the Employee's appointment. without good cause. within the time prescribed by the appointing authority. A laid off Employee whose eligibility is terminated for reason other than as speci?ed in this section shall have the right to grieve as provided under Article 11. Grievance Procedure. J. Rank on the Recall List. Employees shall be ranked on the appropriate recall list and shall be certi?ed to vacancies on the basis of retention points. The Employee with the highest retention points shall be ranked number 1. the next higher. number 2. etc. K. Laid off Employees on the recall list shall be given ?rst preference in the selection for vacancies over any other eligible lists. The laid off Employee with the highest retention points from the appropriate recall list shall be certi?ed ?rst. Certi?cation on the next highest laid off Employee and subseguent eligibles shall be made only upon the refusal of BU 14. Article Reduction-in-Force Page 13 of 14 the position by the higher laid off Employee or should such laid off Employee not be appointed for good cause. L. The Employer upon reguest of the Union shall provide once annually the Union with copies of current recall lists showing the names of the regular Employees laid off, the departments in which they were last employed. and their total creditable service at the time of their layoff. EU 14, Article Reduction-in-Force Page 14 of 14 cowl?Io Bargaining Unit 14 Employer l? Union 63L Date 6 :5 ARTICLE - REST PERIODS AND LUNCH PERIOD A. All Employees shall be allowed rest periods of ten (10) minutes during each half of the workdav or work shift and before each two (2) hours of continuous overtime work performed after completing a regular workday or work shift of eight (8) hours. The times and locations at which rest periods shall be taken are to be determined by the department head or a designee of the department head after giving due consideration to the desires of the Employees and the requirements of the department. B. All Employees shall be allowed a lunch period not exceeding forty-?ve (45) minutes. Such lunch period shall not constitute working time. BU 14. Article - Rest Periods and Lunch Period Page 1 of 1 Bargaining Unit 14 TENTATIVE GR EMENT Employer Union Date l4- ARTICLE - RIGHTS OF THE The Employer reserves and retains, solely and exclusively, all management rightsI powersI and authorig, including the right of management to manage, control. and direct its work forces and operations except those as may be modi?ed under this Agreement. BU 14. Article - Rights of the Employer Page 1 of 1 Bargaining Unit 14 TENTATIVEA REEMENT Employer Union Date Liz/101'] ARTICLE - SABBATICAL LEAVE A. For purposes of improving public services, the Employer may grant sabbatical leaves of absence under conditions set forth in this Article. B. An Employee who has served six (6) continuous years within the applicable governmental jurisdiction may qualify for a sabbatical leave of absence. Such leave shall be for a period not to exceed one (1) year and may not be granted again to the same Employee until the Employee has served an additional period of six (6) continuous years within the applicable governmental jurisdiction. For the purpose of computing continuous years of service in this Article. periods of unauthorized leaves without pay shall not be counted; however. such leaves shall not constitute a break in service. C. The Employer shall consider at least the following matters in reviewing a request for sabbatical leave: 1. The purpose of the leave is mutually beneficial to the Employee and the Employer; 2. The nature, length and pertinency of educational course work, research, or other professionalleducational activity which the Employee plans to undertake during the sabbatical leave are consistent with the needs of the service; 3. The Employee's absence will not adversely affect the operations of the department: and BU 14. Article - Sabbatical Leave Page 1 of 3 4. The Employee's work performance record and seniority (continuous length of service in the applicable governmental iurisdiction). D. In the event a reguest for sabbatical leave is denied, the Employee may reguest and shall be provided the reasons for denial in writing from the Employer. E. Employees on sabbatical leave shall be paid an amount equal to one-half of the basic compensation which the Employee was receiving at the commencement of the leave. Basic compensation shall include any negotiated increase in the schedule as may be provided for in the Agreement. The payments shall be made in accordance with regular pay pe?ods. F. An Employee granted sabbatical leave may engage in other employment provided the primary purpose for which the leave was granted is met. G. Before being granted a sabbatical leave, an Employee shall enter into a contract with the Employer which shall provide for the following: 1. The Employee shall agree to return to work upon termination of sabbatical leave or any other leave which may be granted by the Employer immediately following the sabbatical leave. If the Employee fails to report for work upon termination of sabbatical andlor any other leave granted under this Agreement, the Employee shall be considered to have resigned and shall refund all monies received while on sabbatical leave. BU 14, Article - Sabbatical Leave Page 2 of 3 mmwommummowmn?Io 2. Upon return from sabbatical leave andlor any other leave granted under this Agreement, the Employee shall agree to work in the appropriate department for a period of two (2) continuous years. If the Employee fails to do so. the Employee shall refund all monies received from the Employer while on sabbatical leave: provided. however, in the event of the death of the Employee, the requirement to refund all monies shall be waived. In the event the Employee is unable to continue employment due to illness or iniury, the Employer and the Union. by mutual agreement. may shorten the return period. 3. The Employee shall be guaranteed a return to the Employee's position or an equivalent position at the expiration of the sabbatical leave andlor any other leave granted under this Agreement. Upon the Employee's return, the Employee shall have the same salary range and step that the Employee had at the time of taking the leave and the Employee's increment date shall be advanced eguivalent to the duration of the leaveI provided it is not inconsistent with terms of this Agreement. 4. The Employee shall not accrue any vacation or sick leave credits during the period of sabbatical leave. 5. Any other provisions deemed necessary by the department to be included in the contract. BU 14. Article - Sabbatical Leave Page 3 of 3 Bargaining Unit 14 TENTATIVE Employer I Union 60b Date all 9e; 15' ARTICLE - SAFETY AND HEALTH A. Safety and Health Requirements. The Employer shall conform to and comply with applicable regulations reguiring safe, healthy, and sanitary working conditions prescribed by the Department of Health. Department of Labor, or any other governmental body. In addition, the Employer shall insure compliance with the applicable provisions of the Hawai?i Occupational Safety and Health Law. Act 57, SLH, 1972. The Employer shall provide, among other things: 1. When feasible in the renovation or construction of government buildings. the Employer shall endeavor to include in the specifications, provisions to provide. but not limited to the following: air conditioning; cold water fountains; restrooms for Employees separate from public restrooms; areas for meals. 2. When adequate lighting is essential to the performance of a speci?c function, the Employer shall provide necessag lighting eguipment. B. Protective Clothing and Safety Eguipment and Tools. 1. Whenever the Employer reguires that Employees wear protective clothing or use safety eguipment and tools, the Employer shall provide and replace such items. 2. When an Employee performs work requiring the use of protective clothing and the Employee's garment is damaged because the protective clothing is inadeguate, the Employer shall be responsible for reimbursing the reasonable value of the garment. The reasonable value BU 14, Article Safety and Health Page 1 of 3 KO (II ~J?m U1 ID- to shall be mutually agreed upon by the department head or designee and the affected Employee. Whenever such damage occurs, it shall be reported immediately to the Employee's supervisor. 3. Each Employee whose duties require protective shoes as provided under this section shall be provided with a second pair of such shoes when all of the following conditions are met: a. Such shoes become wet frequently and on a regular basis such as a result of the Employee's duties. b. Wetness results from water or muddy conditions. c. Wetness which saturates the shoes will occur in spite of reasonable precautions and preventive measures. d. Rubber boots when provided are not reasonable to wear (1) due to the nature of the work or (2) for more than four hours per work day. C. Working Conditions. 1. Sanitag toilet facilities will be provided. 2. Clean, coolI potable drinking water shall be made accessible. 3. All of?ce and work areas shall be provided with natural or mechanical systems of ventilation. BU 14. Article - Safety and Health Page 2 of 3 1 D. The Employer shall endeavor to provide security and 2 grotection for gublic Employees in of?ces where there have been 3. exgeriences of freguent threats or violence. BU 14, Article Safety and Health Page 3 of 3 momma-o Bargaining Unit 14 TENTATIVE AGREEMENT Employer i. Union Date bi-fiH-f/ ARTICLE - SHIFT WORK A. The work schedules for Employees who are required to work on scheduled shifts shall be prepared in consultation with the Employees and/or the Union and prominently posted at least two (2) weeks in advance so that the Employees affected will be informed. Such schedules shall be for no less than two-week (2) periods and shall not be changed except for good cause and provided the affected Employee is given at least forty-eight (48) hours prior notice. Whenever possible. work schedules shall: 1) permit an Employee to enioy a holiday on the day it is observed; 2) provide an Employee with two (2) consecutive days off; and 3) provide for an equitable system allowing Employees equal number of weekends off. B. The de?nition of shift shall be in accordance with Article Overtime, paraqraph BU 14, Article Shift Work Page 1 of 1 Bargaining Unit 14 Employer ?llv Union Date ARTICLE - SHOW-UP TIME AND REPORTING PAY A. Show-up time and reporting pay on normal scheduled workday. An Employee who reports to work but who is unable to perform the Employee's normal work because of inclement weather. breakdown or unavailability of eguipmentI or other conditions beyond the Employee's control. shall be credited with the Employee's normal day of work: provided, however, the Employee may be assigned to perform other work as determined by the Employer or the Employer's designee. B. Show-up time and reporting pay on scheduled day off. 1. An Employee who is required and reports to work on the Employee's scheduled day off but who is unable to perform work because of inclement weather. breakdown, or unavailability of equipment, or other conditions beyond the Employee's control. shall be gparanteed a minimum of three (3) hours straight-time pay. 2. An Employee who is required and reports to work on the Employee's scheduled day off and performs less than two (2) hours of work shall be guaranteed a minimum of three hours of straight-time pay. BU 14. Article - Show-Up Time and Reporting Pay Page 1 of 1 Bargaining Unit 14 EmployerQ Union44? Date Ll ll 11+! l5 1 ARTICLE - SICK LEAVE 2 3 A. Earning of Sick Leave. 4 . 5 1. All Employees shall earn sick leave at the rate of fourteen (14) 6 hours for each month of service. For the purpose of this Article, a workday 7 is de?ned as an eight-hour (B) workday. 8 9 2. If such Employees render less than a month of service. their 10 sick leave allowance for such month shall be computed as follows: 11 12 Actual Straight Time Working Hours of Leave 13 Hours of Service For104to 127 1_0 20 For128 more 14 22 23 The term "actual straight time hours of service" shall include paid holidays. 24 25 3. Individuals who are employed on a temporagyI contractual, or 26 substitute basis while on vacation from another position in the State 27 government or any political subdivision of the State shall not earn sick 2 8 leave allowance for such employment. 2 9 BU 14. Article - Sick Leave Page 1 of 7 4. Except as hereinafter otherwise provided, sick leave allowance shall accrue to an Employee while on leave with pay. No sick leave allowance shall accrue: a. During the period of any vacation leave or sick leave granted when the employment terminates or is to terminate at the end of such leave: b. Durinq the period the Employee is on leave without pay except for the period the Employee is on leave for disability and is being paid Workers' Compensation therefore; c. During any period of valid suspension which is sustained in the event an appeal is made by the Employee: d. Durinq any period of unauthorized leave: e. During any period the Employee is on educational or sabbatical leave; or f. During any period of leave with pay pending investigation if the Employee: 1} is subseguently dischargedldismissed; resigns or retires prior to the discharge/dismissal; 3) resigns or retires during the investigation. B. Accumulation of Sick Leave. 1. An Employee may accumulate the sick leave the Employee earns. The unused sick leave accumulated shall be credited to the BU 14, Article Sick Leave Page 2 of 7 Employee's account for subseguent use in the event of a sickness. Such unused sick leave may be accumulated without limitation. 2. Sick leave shall be administered on a calendar year basis and recorded at the end of each calendar year. After the end of each year. the appointing authority will furnish each Employee with a statement of the sick leave credit remaining as of December 31. C. Noti?cation of Sickness. 1. Noti?cation of absence on account of sickness shall be given at least thirty (30) minutes prior to the start of the Employee's scheduled workday or if impracticable as soon thereafter as circumstances permit. However. in operations where Employees on a shift normally relieve Employees on the previous shift, noti?cation of absence shall be given at least two (2) hours prior to the start of the Employee?s scheduled shift, except in extenuating circumstances whereby an Employee is unable to provide such notice. 2. If. in the opinion of the department head. such noti?cation has not been given in accordance with this Article. such absence may. in the discretion of the department head, be charged to vacation allowance or leave without pay. D. Application for Sick Leave. 1. Application for sick leave shall be ?led on a form prescribed by the Employer or designee, within ?ve (5) working days after return to duty; provided, that in the event such Employee dies before that time or before returning to duty, the Employee's executor or administrator or department head if deemed proper may ?le such application within six (6) BU 14. Article Sick Leave Page 3 of 7 months after the Employee's death. Sick leave shall not be granted unless it is provided to the satisfaction of the department head that the Employee's absence from work was necessary because of sickness. 2. The department head shall reguire the Employee to submit a licensed physician's certi?cate for absences of ?ve (5) or more consecutive working days to substantiate the fact that the period of absence was due entirely to sickness and that the Employee is physically andlor mentally able to resume the duties of the position. The department head may require the Employee to be examined by a physician of said department head's choice provided the department assumes the cost of the physician's services. 3. Absence due to sickness lastinq less than one (1) hour shall not be charged to sick leave when such sickness occurs during the ?nal hour of work and the Employee is released from work. 4. Upon application by the Employee. sick leave when granted may include all sick leave allowance as of the last full month of service immediately preceding the return to duty from sick leave, or as much thereof as is needed. to permit the Employee to recover from the sickness. E. Sick Leave Charged Only for- Working Hours. 1. Employees absent from work on account of sickness, shall have charged against their sick leave allowance all working hours which occur during such absence. 2. Employees normally working eight-hour (8) daysI other than between the hours of 7:45 am. and 4:30 pm. and/or other than between Monday and Friday inclusive, shall have charged against their sick leave BU 14, Article - Sick Leave Page 4 of i' \Dm-de'lrwaH allowances only those hours they were scheduled to work or would have worked had they not taken sick leave. F. Additional Sick Leave With Pay. Additional sick leave with pay. in excess of that which the Employee is entitled to, may be granted with the written approval of the Employer provided that due consideration shall be given to the length of service of the particular Employee requesting the leave. G. Use of Cumulative Sick Leave Allowance after Transfer Between Departments. When an Employee resigns from a position to accept a position in another department of the Employer as the result of a transfer includin romotion demotion or ori inal a ointment or in case of any other movement from one department to another of the Employer. the Employee shall not thereby forfeit any unused accumulated sick leave allowance credit in the department from which the Employee was transferred or moved. If, after the date of such transfer, the Employee uses any or all of such cumulative sick leave credit the appropriation of the department to which the Employee is transferred shall bear the entire charge thereof. In no event. shall the appropriation of the department from which the Employee was transferred or moved be charged for any cumulative sick leave taken after the date of transfer or movement. H. Credit for Sick Leave during Vacation. When sickness lasting one or more consecutive working days occurs during a vacation, the period of sickness shall, upon submittal of a licensed physician's certi?cate or other satisfactog proof of such sickness as deemed necessapy by the department head, be charged as sick leave, and the charge against vacation allowance shall be reduced accordingly. Application for such substitution of sick leave for vacation shall be made within five (5) working days upon return to work. BU 14. Article - Sick Leave Page 5 of 7 I. Sick leave shall be allowed for medical. dental. Optical. and optometrical examination appointments which the Employee cannot schedule for non-work time. J. Sick leave shall be allowed for temporary disabilities as defined under the Egual Employment Opportunity Commission Guidelines; Title 29. Chapter XIV, Section 1604, of the Code of Federal Regulations. K. Physical examinations required by the Employer shall not be charged against an Employee's sick leave. L. An Employee who is laid off pursuant to Article - Reduction-in-Force, shall retain accumulated sick leave credits for the period that the Employee's name remains on the recall list. If the Employee is recalled to work pursuant to Article the Employee shall be credited with all accumulated sick leave credits retained. M. Sick Leave upon Separation from Service. 1. Upon separation from service, an Employee shall forfeit all sick leave allowance accrued and accumulated to the date of the separation except as otherwise provided by Chapter 881 Hawaii Revised Statutes. This paragraph shall not be construed to provide for the forfeiture of sick leave accumulation when the Employee is granted leave without pay, including militam leave, or is rehired by the Employer within seven calendar days. 2. When an Employee moves from one Employer iurisdiction to another to accept employment in a position in which sick leave allowance is earnedI the Employee may reguest and be allowed to transfer any BU 14. Article Sick Leave Page 6 of 7 1 unused sick leave credits accumulated at the time of movement. Any sick 2 leave credit used after the effective date of the movement shall be charged 3 to the aggrogriation of the receiving Employer. EU 14, Article - Sick Leave Page 7 of 7 UJMHOkDmdanrlwaI??O Bargaining Unit 14 GREEMENT Employer 5?4 Union Date ARTICLE - SPLIT SHIFT PAY A. The Em lo er reco nizes that it is to the best interest of Em Io ees that lit shifts be minimized exce tin cases where the Em lo er's mission cannot be economicall administered standard schedulinq methods. B. WhenI however, an Employee is reguired to work on a split shift basis. the Employee shall be paid a differential of twenty-?ve cents per hour for each hour. or fraction over thirty (30) minutes of the Employee's workday and thirteen cents for each period of less than thirty (30) minutes of work. C. Split Shift--A regular work shift. which may be less than eiqht (8) hours, in a day which is divided into two (2) portions by off duty periods other than meal time. D. An Employee who works a split shift will earn overtime for each hour worked which exceeds ten (10) hours. exclusive of time for mealsI calculated from the time the Employee starts and ends the Employee's workday. The Employee's basic compensation plus the split shift differential will be used in determininq the cash payment for overtime work pursuant to Article Overtime. BU 14. Article - Split Shift Pay Page 1 of 1 Bargaining Unit 14 TENTATIVE MENT Employer Union Date 51 23115 1 ARTICLE - STANDBY PAY A. An Em lo ee shall be deemed to be on standb dut when assigned by the head of the department or other superior to remain at home or at an other desi nated lace for a eci?c eriod for the ur ose of responding to calls for immediate service after the Employee's normal hours of work, on the Employee's scheduled day off or on holidays. For each calendar day or portion thereof of standby duty, the Employee shall be paid an additional amount equal to twenty-?ve percent of the Employee's daily rate. B. Whenever it is necessary for an Employee on standby duty to render immediate service in response to a call to work. the Employee shall be entitled to further compensation as provided in the Call Back Pay provision contained herein. C. The Union and Employer agree that the Employer may provide pagers and/or cellular telephones for the Employee?s convenience in responding to calls from work. Employees who are provided pagers andlor cellular telephones in lieu of remaining at home for the purpose of responding to calls for immediate service shall be entitled to standby pay after the Employee?s normal hours of workI on the Employee's scheduled day off or on holidays with the following conditions: 1. The Employee has written authorization by the Employer that the Employee is on standby duty. 2. The Employee shall resnond to a call for immediate service within the same period as if the Employee remained at home. BU 14. Article Standby Pay Page 1 of 2 2 3 4 3. The Employee remains in a geographic location where the Employee can receive a pager or cellular call and responds to a call for immediate service. BU 14, Article Standby Pay Page 2 of 2 \Dm?mmrwaH Bargaining Unit 14 TENTATIVE AGREEMENT Employer 1U Union Date 1+ lH-j 15 ARTICLE - TECHNOLOGICAL. CHANGES A. The Employer and the Union recognize that changes in operations resulting from technological innovations may occur. When such changes occurI the Employer shall give ?rst consideration to the utilization of affected Employees in the changed Operations. In the event the affected Employees do not possess the reguisite skills or knowledge to perform the reguired work in the new operation and such skills and knowledge can be acquired within a reasonable Ienqth of time. the Employer shall provide the necessary training to Employees during working hours and at the Employer's expense. B. If the iob of any Employee is eliminated because of the implementation of new technological innovations, the Employer shall. in the following order of priority: 1) place the Employee in a position comparable in level to the Employee's original position: 2) place the Employee in a lower level position, provided that the Employee shall retain the Employee's existing rate of compensation so long as the Employee remains in the position, or 3) follow the procedure under Article Reduction-ln-Force. C. Any Employee affected by this Article shall be reguired to meet the minimum Qualification reguirements for the class in which the Employee may be placed. BU 14, Article - Technological Changes Page 1 of 1 \Dm-de'llh-LAJNH Bargaining Unit 14 TENTATIVE Employer, Union 501; Date @3946: iS ARTICLE - TEMPORARY ASSIGNMENTS A. A temporary assignment shall mean the assignment by a competent authority and the assumption, without a formal change in position assignment. of the signi?cant duties and responsibilities of another position due to: 1. The incumbent of the position not being able to perform the duties of the position. 2. The incumbent of the position also serving on a temporary assignment and the department head certi?es that the need for the services is immediate, essential. and in the best interest of the public. or 3. A vacancy that cannot be ?lled temporarily or permanently by a non-competitive promotion. a provisional appointment from within or outside the service, a transfer or a movement of another Employee and that the department head certi?es that the immediate rendition of services is essential and in the best interest of the public and that such temporary assignment shall not exceed one hundred twenty (1201 working days; provided however, upon consultation with the Union a temporagy assignment may be extended up to an additional sixty (60] working days. B. When Employees are being considered for a temporagy assignment to a position in a higher classI priority shall be given to Employees within the work place who are in the class immediately below the class of the temporary assignment. provided such Employees are capable of satisfactorily performing such assignment. if there is no such BU 14. Article Temporary Assignments Page 1 of 2 Employee in the next lower class in the same seriesl then to related series in descending order. In the event there is no capable Employee available in the work place. the above order of priority shall be accorded to Employees within the division. In the course of selecting an Employee for temporary assignment consideration shall be given to an Employee's continuous length of service in the class within the iurisdiction. For purposes of this ArticleI work place shall be de?ned as that organizational segment which contains the position to which a temporapg assignment is to be made,I including its subordinate organizational segment. In the event an Employee with greater class seniority is not selected for the temporary assignment. the Employee shall, upon request, be given a written statement of the reason for non-selection. C. The Employer shall compensate Employees for temporary assignments within thirty (30) days (approximately two pay periods) from the end of each payroll period in which the temporary assignments are performed. D. Whenever an Employee performs a temporary assignment, the Employer shall provide the with a record of the temporary assignment as evidence of such service for the Employee's personal use and ?le. Applicable temporary assignment experience may be claimed by an Employee when applying for promotions. BU 14, Article Temporary Assignments Page 2 of 2 {u Bargaining Unit 14 TENTATIVE AGREEMENT Emplo er; Union?g?/V Date ARTICLE - TIME OFF FOR BLOOD DONATION Employees shall be qranted a reasonable amount of time off with pay to donate blood to the Blood Bank. BU 14. Article Time Off for Blood Donation Page 1 of 1 Bargaining Unit 14 EMENT Employer Union Date ?1 If 9?51} 15? ARTICLE - TIME OFF FOR OVERTIME WORKED Whenever a non-shift Em lo ee works at least at hteen 18 hours within the twenty-fourLg4) hour period immediately prior to the start of the Employee's scheduled workday. the Employer shall excuse the Employee from work on such workday. with pay. unless the services of such Emgloyee are needed due to an emergency affecting the public health or safety and replacements are not available. In the event of such an emergency. such Employee shall be excused from work as soon as possible when the emergency no longer exists. BU 14, Article Time Off for Overtime Worked Page 1 of 1 Bargaining Unit 14 TENTATIVE AGR EMENT Employer Union Date ARTICLE TRAINING AND DEVELOPMENT The arties a ree that trainin is encoura ed and makes for ood sound management. The parties also agree that training is an on-going program and must be planned. To best accomplish this aim, we believe that an Employer/Union committee can plan and develop a sound, on-going program to provide the skills necessary for Employees to become more pro?cient and ef?cient in their iobs. A. The parties agree shall be noti?ed (posted on bulletin boards) by the Employer and encouraged to participate in training and development programs. The Employer shall notify the Union of all existing training programs. The Employer shall meet and confer with the Union at least once annually to iointly identify job-related training needs and to formulate programs to meet such needs. B. All training and development which the Employer reguires of an Employee shall be conducted during working hours. When such training or development falls outside of the Employee's normal work hours. the Employee's normal work hours may be adiusted so as to accommodate the time spent in training or development. The adiustment in work hours shall not be construed to be working a split shift. C. A regular Employee shall be permitted to reguest attendance in a training program, course of instruction, conferences or seminars and the Employer shall approve such a reguest if the following conditions are met: BU 14. Article - Training and Development Page 1 of 3 The training program. course of instruction. conferences or seminars meets the approval of the Employer, is related to the Employee's job, and will improve the Employee's skills to meet the needs of the Employer. 2. Attendance in the training program, course of instruction, conferences or seminars will not disrupt the normal Operations of the Employer. 3. Funds are available. 4. Upon satisfactory completion of courses of instruction or training programs approved by the Employer, the Employer shall reimburse the Employee for the cost of tuition, books, and supplies, as applicable, provided any textbooks paid for by the government shall remain its property. 5. Due consideration has been given to other candidates to attend the training program, course of instruction, conference or seminar. D. The Employer shall inform affected Employees of new work procedures which relate directly to their work. E. Subiect to the conditions of paragraphs C.1. and 0.2. above, and if suf?cient funds are not available, the Employee may be permitted to participate at the Employee's own expense in training programs or courses of instruction which are scheduled during working hours with the prior approval of the Employer or designated representatives. F. The Employer shall provide in-service training programs. BU 14, Article Training and Development Page 2 of 3 \Dm?mt?iwaH mrwal-?O G. Evidence of satisfactory completion of any traininq courses or programs shall be placed in the Employee's personnel ?le and may be used as a factor in giving consideration in the Employee's future promotion; howeverI said consideration shall not be construed as affording the Employee precedence or preference over other Employees who have demonstrated greater iob pro?ciency or have greater experience. H. The Employer and the Union iointly shall provide a regularly scheduled preretirement advisogy program covering bene?ts and rights of retired Employees. Those Employees who are contemplating retirement may attend this program. I. Whenever an Employee applies for and is denied training, the Employee shall upon written request be informed of the reasons for denial in writing. EU 14, Article Training and Development Page 3 of 3 Bargaining Unit 14 Employer Union 56?? Date all??! 15' ARTICLE - TRJAVEL A, Applicable rules, ordinances, and policies. Except as modi?ed by this Article, Chapter 3-10, Hawai?i Administrative Rules, in the case of the State. and applicable rules, regulations. ordinances, or policies. in the case of the county iurisdictions, shall remain applicable for the duration of this Agreement. Travel occurring on same island. When an Employee is required to work in locations which make it impracticable and undesirable to return home at the end of a workday. with prior approval one (1) of the following shall apply: If commercial lodging is utilized. the Employee shall be paid a travel allowance pursuant to paragraph D. If commercial lodging is not available. such as in mountainous Or other remote areas. the Employer shall provide cabins or tentage and needed camping supplies and equipment. At the Employee's option. the Employer shall also provide adeguate stores of food or pay the Employee twenty dollars ($20.00) per day in lieu thereof. The twenty dollars ($20.00) per day shall be applicable for each twenty-four (24) hour period or portion thereof, calculated from the beginning of the Employee?s work day until the Employee?s return to the Employee?s permanent workplace from the mountainous or other remote area. i If non-commercial lodging is available, the Employer shall have the option to select such lodging for the Employee's use. At the Employee's option, the Employer shall also provide adeguate stores of BU 14, Article - Travel Page 1 of 5 food or a the Em lo ee twent dollars 20.00 er da in lieu thereof. The twenty dollars ($20.00) per day shall be applicable for each twenty-four (24) hour period or portion thereof, calculated from the beginning of the Employee?s work day until the Employee?s return to the Employee?s permanent workplace from the non-commercial lodging. Off-island travel to mountainous or other remote areas. 1, Whenever an Employee is reguired to travel on of?cial business to mountainous or other remote areas where no commercial lodging is available, the Employer shall provide cabins, tentage, or shall arrange for lodging within available facilities, and shall provide adeguate stores of food or pay the Employee twenty dollars ($20.00) per day in lieu thereof. Notwithstanding the provisions of this paragraph. a mutual agreement may be arranged among Employees with the Employer to provide for per diem expenses pursuant to paragraph in lieu of this paragraph. lntra-state travel. When an Employee is required to travel on of?cial business to another island, the Employee shall be provided with a per diem of ninety dollars 90.00 er twent -four 24 hour da . g, In the case of of?cial travel time involving a fraction of a day, the allowable claim shall be in terms of Quarter-day periods with the guarter day periods measured from midnight. In computing the amount of per diem, the of?cial travel time shall begin one (1) hour before the scheduled ?ight departure time and shall end upon the return to the Employee's home BU 14, Article - Travel Page 2 of 5 mmqu'er-WNH airport. This computation shall be applicable to all trips, except one-day tri leavin and returnin on the same da . In the case of one-da tri the Employee shall be entitled to a meal allowance of twenty dollars ($20.00) in lieu of per diem. When authorized leave is added before or after the official travel. the per diem amount shall be the same as that which would have been allowed if the authorized leave had not been taken. Out-of-state travel. When an Employee is reguired to travel on of?cial business to areas outside the State of Hawai?i. the Employee shall be provided a per diem of one hundred forty-?ve dollars ($145.00) per twenty-four (24) hour day. In the case of of?cial travel time involving a fraction of a day. the allowable claim shall be in terms of quarter-day periods, with the Quarter-day periods measured from midnight. In computing the amount of per diem, the of?cial travel time shall beqin no later than twenty-four (24) hours prior to the time the Employee is to be at work at the out-of-state destination. The Employee shall be scheduled to arrive at the out-of-state licable air ort at least ten 10 hours before re ortin for duty. The of?cial travel time shall end upon the return to the Employee's home airport. All calculations will be based on Hawaiian Standard Time. destination a When an authorized leave is added before or after the of?cial travel, the per diem amount shall be the same as that which would have been allowed if the authorized leave had not been taken. BU 14, Article - Travel Page 3 of 5 moo-401mm.me E. Reimbursement for commercial lodging expenses in excess of the lodging allowance. Included in the per diem rate designated in garagraghs and shall be a daily allowance for commercial lodging except for one-day trips. For intra-state travel. this lodging allowance shall be ?fty dollars ($50.00) per twenty-four (24) hour day. For out-of-state travel, this allowance shall be eighty-?ve dollars ($85.00) per twenty-four (24) hour day. Whenever an Employee's commercial lodging cost exceeds the applicable lodqinq allowance, the Employee shall be entitled to an additional amount added to the Employee's per diem. This amount shall be equal to the difference of the actual daily cost of commercial lodging and the applicable allowance provided herein. multiplied by the number of days spent on commercial lodging. Unless othemise waived by the Employer, reguest for commercial lodging expenses in excess of the lodging allowance shall be made in advance of the Employee's trip. Advanced per diem and reimbursements. Whenever possible. an Employee shall receive advanced per diem for official travel. The Employer shall reimburse Employees who request reimbursement for excess lodging exgenses as soon as gossible. l1. Furnished meals and lodging. When lodging or meals are grovided at no cost to the EmgloyeeI the Employer shall continue its existing gractices in adiusting the ger diem amounts. However, the per diem allowance grovided herein shall not be adiusted when meals are included in conference grograms. BU 14. Article - Travel Page 4 of 5 Mileage reimbursement. The term "vehicles" as used in this paragraph only agglies to automobiles, trucksI vansI or buses. Emgloyees who are authorized to use their private vehicles to carry out their duties and resgonsibilities shall be reimbursed at the standard mileage rate grescribed by the Internal Revenue Service for each mile traveled for business purposes. i Employees who are presently being provided automobile allowance for the required use of their private vehicles in the performance of their official duties shall continue receiving such allowance, provided that the amount of the allowance may be modi?ed through a separate memorandum of agreement mutually agreed to by the Union and the Employer concerned. However. the allowance shall be terminated when the Employer no longer requires the Employees to use their private vehicles in the performance of their of?cial duties. Mileage reimbursement to and from home to work site shall be allowed for all call back work and for overtime work on scheduled days off and holidays, excegt for Emgloyees whose normal work hours include the 11% BU 14. Article Travel Page 5 of 5 \Dm?mmrwaI-J Bargaining Unit 14 TENTATIVE A EMENT Employer El Union Date 9% ll 5 ARTICLE - UNION REPRESENTATION RIGHTS A. The Union may call four (4) meetings per year of all Employees in each department during working hours for informational and educational purposes, including the interpretationI applicationI and administration of this Agreement. The year for this purpose shall begin with the effective date of this Agreement. The Employees may be divided into groups of convenient size. When more than one session is held for an informational and educational meeting. all Employees will have an Opportunity to attend one of these sessions. Each session shall last no longer than two (2) hours. Employees shall be afforded reasonable travel time to and/or from the meeting, provided that travel time outside of the Employees? work hours shall not be considered work time. The Union may use the Employer's conference rooms and similar building facilities for these informational and educational meetings. The Union will notify the Employer in writing of the datetslI timetslI and locationts) of the meetings at least ten (10) working days before they are held. If the hours during which the meetings are held are mutually acceptable. the Union shall be responsible for informing its members of the dateis). timeis), and locationts) of the meetings as well as arranging for any accommodations needed. However, this does not preclude those agencies that are currently assisting the Union in noti?ing Employees of the meeting arrangements from continuing the practice. In addition to the foregoing meetings, additional meetings may be held by agreement of the Employer and the Union. B. The Union shall be provided adeguate space on bulletin boards for posting_of usual and customary Union notices. BU 14, Article Union Representation Rights Page 1 of 3 C. Full-time Union representatives shall be permitted to visit and confer with Employees at their work sites regarding complaints and grievances and to assure that the Agreement is being properly administered. The Union representatives will notify the appropriate supervisor when they arrive at the work site. While on the Employer's premises or work site, the representative will not interfere with normal operations. D. The Union shall appoint a suf?cient number of stewards from among the Employees whose function shall be to investigate complaints. handle grievances, and assure that the Agreement is being properly administered in their work areas. during working hours without loss of pay or bene?ts. The Employer assures privacy to the steward and the Employee while discussing the Employee's grievance. E. Stewards who are shift workers may be scheduled by the Employer for the day shift on a day that the unit island division steward meeting is held. Such scheduling shall not result in any overtime penalty because of the Employer's attempt to accommodate the Employee. Stewards shall be responsible for informing their supervisors of the scheduled meeting suf?ciently in advance so as to minimize any effects on other Employees because of the work schedule changes. Stewards who are full supervisors and subiect to shift work may be scheduled by the Employer for the day shift on a day that the unit island division steward meeting is held, provided the stewards are able to ?nd suitable replacements for their normal scheduled shifts. Such scheduling shall not result in any additional compensation for the affected Employees. The stewards shall immediately inform their supervisors of the scheduling arrangements made. BU 14. Article - Union Representation Rights Page 2 of 3 ommummewmr?Io F. Representatives of the Union shall be permitted to attend orientation meetings held by the Employer during working hours for new Employees, and shall be allowed up to thirty (30) minutes to address the Employees at the conclusion of the meeting. G. The Union shall provide the Employer with a list of duly certi?ed of?cers, representatives, and stewards and maintain its currency. H. The Executive Director or designee shall be entitled to participate during the biennial review of the Compensation Plan by the Conference of Personnel Directors. but may not vote. The Executive Director shall receive copies of the policies and standards. rules and regulations, identi?cation and pricing of bench mark classes. including proposed amendments therefor and notices of meetings, agenda. and requests for repricing. Employees may be permitted to use the Employer's conference rooms or other similar facilities for meetings during non- working hours. BU 14, Article - Union Representation Rights Page 3 of 3 Bargaining Unit 14 BEMENT Employer Union Date 4(14/(5? ARTICLE - UNION A. The Employer shall maintain a list of Union members in this bargaining unit who have payroll assignment forms on ?le with the Employer. This list will be made available to the Union by request and contain information listing the names of Union members, unit Employees, and total Union deductions made without cost to the Union on a form supplied by the Employer. B. The Employer shall also maintain a list of Employees from whom service fees are deducted from wages to defray the cost for services rendered by the Union in the negotiation and administration of this Agreement; such list will be made available to the Union without cost and on a form supplied by the Employer. C. The Employer shall maintain and update the above listings and notify the Union of any changes. D. Union dues. initiation fees, service fees. and other Employer authorized deductions shall be collected twice a month and transmitted to the Union not later than the 15th day of the following month by check drawn to the order of the Union. Upon the issue of such check and transmission of same to the Union, all responsibility on the part of the Employer shall cease with respect to any amount so deducted. The Employer shall not be bound in any manner to see to the application of the proceeds of any such check. nor to investigate the authority of any designated of?cer of said Union to sign any reguestI to accept any such check, or to collect the same. The Union hereby undertakes to indemnify BU 14, Article Union Security Page 1 of 2 and hold blameless the Employer from any claim that may be made upon it for or on account of any such deduction from the wages of any Employee. E. Scattergrams reflecting Emgloyee distribution on the salag schedule as of July 15 of each year shall be provided to the Union by each iurisdiction. F. Pursuant to HRS ?89-3.5, Employees claiming and qualifying for religious exemption shall select one of the following non-religious, non- labor organization charitable fundsI that are exemgt from taxation under section 501 MB) of Title 26 of the Internal Revenue Code: 1. John A. Burns Foundation 2. American Cancer Society - Hawai?i Paci?c Division 3. Hawai?i Heart Association The Union shall be resnonsible for: 1. Establishing guidelines for determininlbona ?de religious, bodies or sects which have historically held conscientious obiections to ioining or financially suggorting Emgloyees organizations; 2. Establishing guidelines for determining whether an Emgloyee is a member of such bona fide religious, bodies or sects; 3. Verifying that an Employee?s request for religious exemption meets the reguirements of HRS ?89-3.5; andI 4. Establishing and carrying out procedures for implementing the reguirement that the Emgloyee gag sums egual to the dues and initiation fees to a non-religious. non-labor organization charitable fund as listed above in lieu of geriodic dues and initiation fees. EU 14, Article Union Security Page 2 of 2 mooqmmaawmiBargaining Unit 14 TENTATIVE AGRE MENT Employer (3 11? Union Date ARTICLE - VACATION LEAVE Earning of Vacation Leave. All Employees shall earn vacation leave at the rate of fourteen (14) hours for each month of service. For the purpose of this Article. a workday is de?ned as an eight-hour workday. If such Employees render less than a month of service, their vacation allowance for such month shall be computed as follows: Actual Straight Time Hours of Service Working Hours of Leave For '103 For 104 more I-hllolo The term "actual straight time hours of service" shall include paid holidays. Individuals who are employed on a temporagyI contractual or substitute basis while on vacation from another position in the State government or any political subdivision of the State shall not earn vacation allowance for such employment. BU 14, Article Vacation Leave Page 1 of 10 Vacation allowance shall accrue to an Employee while on leave with pay unless speci?cally prohibited by the Agreement. No vacation allowance shall accrue: i During the period of any vacation leave or sick leave granted when the employment terminates or is to terminate at the end of such leave: 9 During the period the Employee is on leave without pay. except for the period on leave for disability and is being paid Workers' Compensation therefore: During any period of valid suspension which is sustained in the event an appeal is made by the Employee; During any period of unauthorized leave; During any period the Employee is on educational leave: During any period of leave with pay pending investigation if the Employee: 1) is subseguently discharged/dismissed; g1 resigns or retires prior to the discharge/dismissal; resigns or retires during the investigation. Vacation for an Employee Serving a Provisional Appointment. An Employee serving a provisional appointment shall not be entitled to a BU 14. Article - Vacation Leave Page 2 of 10 vacation leave with pay. However. a provisional appointee shall be entitled to earn and accrue vacation allowances during the term of provisional appointment and if upon the termination of provisional appointment the Employee receives probationagy or limited term or permanent appointment in the same position, the Employee shall be credited with the allowances earned and accrued during the provisional appointment and if the Employee does not become such limited term, probationary, or regular Employee. the vacation allowance shall be automatically forfeited. It is provided, however. that a regular Employee who receives a promotion through a provisional appointment shall be considered to be a regular Employee and shall continue to earn vacation allowance. Vacation for a Non-reqular Employee Serving a Temporary A ointment Outside the List TAOL . A non-re ular Em lo ee servin on a TAOL basis shall not be entitled to a vacation leave with pay. However. whenever the duration of the TAOL is for longer than one year. including any extensions qranted for a speci?c appointment. the non-regular Employee shall be entitled to earn vacation leave beginning with the ?rst month of the second year in accordance with A.1. and A.2., and use the vacation leave accrued in accordance with the provisions of this Article. Whenever a non-regular Employee's TAOL is ended, any vacation leave accrued shall be automatically forfeited. Accumulation of Vacation Leave. An Employee may accumulate up to twenLy-one (21) days of vacation leave per calendar year until the Employee accumulated the ?rst fort -two 42 da 5. Subse uentl an Em lo ee ma accumulate not more than fifteen (15] days of vacation leave per calendar year, even if the total accumulated days fall below forty-two (42) days. However, vacation leave in excess of ?fteen (15) days per year may be accumulated for good cause BU 14. Article - Vacation Leave Page 3 of 10 upcoqmmubwmi?I when a request for such accumulation is approved by the department head provided such reguest shall be accompanied by a stipulation that the Employee shall take such excess vacation days at a speci?ed time. If the Employee fails to take this vacation at the time stipulated, the Employee shall forfeit the excess accumulation of vacation leave unless for good reason an extension of time is granted by the department head. Vacation leave shall be administered on a calendar year basis and recorded at the end of each calendar year. After the end of each year, the appointing authority will furnish each Employee with a statement of the vacation leave credits remaining as of December 31. Any Employee who is entitled to an annual vacation may accumulate for the succeeding year or years such unused portion of vacation allowance as is permitted above. provided that the total accumulation shall not exceed ninety (90) working days at the end of the calendar year. If any recorded accumulation of vacation allowance at the end of any calendar year shall exceed ninety (90) working days, the Employee shall automatically forfeit the unused vacation allowance which is in excess of the allowable ninety (90) working days. i Nothing in this Article contained shall be construed to prohibit the taking or to require the forfeiture. of any vacation which is validly granted and the taking of which is commenced on or before the last working day of any calendar yearI notwithstanding that the recording of the current accrued vacation allowance for such year on the last day thereof might result in an accumulation of more than ninety (90] working days including the working days of the vacation so granted and then being takenI but the period of such vacation shall be regarded for all purposes as if the same had been entirely taken on or before the last day of such calendar year. BU 14. Article - Vacation Leave Page 4 of 10 Whenever the Employee's accumulated vacation credit exceeds ninet 90 workin da 5 the Em lo ee shall receive cash a ment in lieu of vacation to the extent of the excess if, upon investigation by the Comptroller of the State or the respective county director of ?nance, it is found that the excess vacation credit resulted from the Employee's inability to be allowed vacation time off because of orders of the appointing authority; otherwise the Employee shall automatically forfeit the excess. Whenever an Employee is unable to take scheduled vacation because of illness. the Employee shall be permitted to reschedule the Employee's vacation; however, if the duration of illness is such that the vacation cannot be rescheduled within the calendar year and to protect against the forfeiture of excess vacation. the Employee shall be permitted to substitute vacation for sick leave or take such excess vacation immediately unon the conclusion of such sick leave. Nothing contained in this Article shall be construed to require the forfeiture of vacation credits when an Employee terminates on or before the last working day of the calendar year. notwithstanding the fact that the recording of current accrued vacation for the year on the last day may result in an accumulation of more than ninety (90) working days. 9, Taking Vacation Leave Granted. 1; When a vacation is reguested on a proper application by an Employee, it shall be granted and taken at such time or times as the department head may designate, provided, that it shall be as close to the reguested period as conditions in the department will permit, and so as to prevent any forfeiture of vacation allowance. BU 14, Article Vacation Leave Page 5 of 10 g. When a vacation is granted, it may includeI in accordance with the law and at the reguest of the EmployeeI all vacation allowance accrued up to the end of the Employee's last full month of service immediately preceding the commencement of the vacation. For non-regular Emplo_yees who earn vacation allowance pursuant to A.7. the vacation qranted may includeI at the reguest of the EmployeeI all vacation allowance accrued up to the commencement of the vacation. Whenever an Employee's vacation leave which has been approved on the appropriate leave application form is rescinded, non- refundable travel and lodging expenses incurred by the Employee shall be reimbursed by the Employer. i No vacation leave of less than one (1) hour may be granted. However, when payment in lieu of vacation is legally permissible, or when the Employee's service will not continue at the expiration of the vacation, such payment may include a prorated amount for any fraction of a working day of vacation allowance to which the Employee is entitled. Vacation Charged Only for Working Hours. Employees on vacation shall have charged against their vacation allowances all working hours or fraction to the nearest 1I4 hour thereof which occur during the geriod of the Emgloyee's vacation. Employees normally working eight-hour days, other than between the hours of 7:45 am. and 4:30 gm. and/or other than between Monday and Friday inclusiveI shall have charged against their vacation allowances only those hours or fraction to the nearest 114 hour thereof they were scheduled to work or would have worked had they not taken vacations. BU 14. Article Vacation Leave Page 6 of 10 Priori_ty of Scheduling Vacation Leave. Priority in scheduling annual leave shall be given to Employees on the basis of seniority within the of?ce. The priority shall be rotated in descending order according to seniority to assure that each Employee will receive priority scheduling at least once. 5 Recall from Vacation. An Employee may be recalled to duty before the expiration of any granted vacation when. in the opinion of the department head. the Employee's services are required. In such event the Employee shall be paid for all work performed at the rate of one and one-half (1 112) times the Employee's regular rate of pay during such period the Employee is recalled from vacation and shall be granted unused vacation days at a time mutually agreed upon. An Employee who is summoned during vacation to serve as a witness in any judicial proceeding in connection with the duties and responsibilities of the Employee's position on work related matters shall be compensated at one and one-half (1 1/2) times the Employee's regular rate of pay during the scheduled vacation period the Employee is reguired to serve and the Employee's unused vacation leave shall be rescheduled at a time mutually agreed upon. An Employee who is summoned during vacation to serve as a witness or iuror in any iudicial proceedings, except those which may involve or arise out of the Employee's outside employment or personal business or private affairs shall, if the Employee servesI be permitted to reschedule the Employee's vacation for another mutually agreed upon time. BU 14, Article Vacation Leave Page 7 of 10 Advance Vacation. Advance vacation shall be granted only where an Employee has exhausted all earned vacation allowance and is detained out of the State of Hawai?i for a cause which the Employee establishes to the satisfaction of the department head to be out of the Employee's control. An Employee so detained shall immediately communicate with the department head and reguest such advance vacation and, if the same is granted, it shall be considered as taken with the express understanding that if such leave is not later earned during the term of employment the unearned portion of the vacation pay so advanced will be repaid, and on demand of the department head to the Employer by the Employee or the Employee's executors and administrators out of the Employee's estate, if the Employee is deceased, or deductions may be made for such unearned portion from any salary due the Employee, or from any monies in the annuity savings fund of the Employee's retirement system of the Employer to the credit of the Employee. i Effect of Transfer to Position in Which Vacation Allowance is Not Earnable. When an Employee is transferred from or othenlvise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacationI including any lapsed vacation in excess of the maximum allowed, to have terminated services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeitinq any vacation allowance to which the Employee is entitled. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. BU 14, Article - Vacation Leave Page 8 of 10 \DmximU'lih-UJMH Whenever a termination of services takes place. the Employee is to be paid, in accordance with Section 78-23, Hawai?i Revised Statutes. for vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30. 1997. the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. However. if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 5, When an Employee moves from one Employer iurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the iurisdiction from which the Employee transferred, and the director of ?nance of the State or the eguivalent of?cers of the counties, Judiciag, and the Hawaii Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may reguest and receive payment of a portion of or all of the Employee?s vacation credits accumulated up to the effective date of the movement. BU 14, Article Vacation Leave Page 9 of 10 i In the event that a vacation reguest is denied by the department head. the Employee may request the reasons for the denial in writing be furnished. BU 14, Article Vacation Leave Page 10 of 10 Bargaining Unit 14 TENTATIVE AGRE MENT Employer 64K Union Date ARTICLE COMPENSATION LEAVE BENEFITS A. An Employee who is absent from work because of iniuries andlor illnesses incurred while working and is receiving workers? compensation wage loss replacement bene?ts or temporapy total disability or temporapy partial disability payments shall continue to earn vacation and sick leave credits as though the Employee was not absent from work. B. An Employee who is absent from work and is receiving workers' compensation wage loss replacement bene?ts may use accumulated sick leave credits to receive an additional amount that would bring the Employee?s total compensation to a sum egual to the Employee?s regular compensation. In the event the Employee does not have any accrued sick leave credits. the Employee may elect to use accrued vacation credits to bring the Employee?s total payment to a sum egual to the Employee?s regular salagg. Accumulated credits may be used to continue the Employee?s regular compensation during the waiting period. C. An Employee shall not forfeit any excess accumulated vacation leave credit when the Employee is receiving workers? compensation wage loss replacement bene?ts. The taking of excess vacation leave under Article - Vacation Leave shall apply. D. An Employee is entitled to use the sick and vacation leave credits earned during the period of absence from work. BU 14, Article ~Workers? Compensation Leave Bene?ts Page 1 of 1 Exhibit ARTICLE - SALARIES A. Based on the Memorandum of Agreement entered into between the Employer and the Union on July 9, 2015, effective February 22, 2016 through June 30,2016, the following Paragraph B. from the Bargaining Units 3 and 4 Salaries Article shall continue to be in effect for Employees in Bargaining Unit 14. The Bargaining Units 3 and 4 salary schedule in effect on February 21, 2016 shall also continue to be in effect for the same period. This schedule shall be designated as Exhibit A. B. Subject to the approval of the respective legislative bodies and effective February 22. 2016, Employees who become eligible for step movements from February 22, 2016 through June 30, 2016 in accordance with Paragraph 0. of Article - Compensation Adjustment, shall receive their step movements on their step movement dates. C. Subject to the approval of the respective legislative bodies and effective July 1, 2016: 1. Due to the legislative intent of Act 137, SLH 2013, the salary schedule in effect on June 30, 2016, Exhibit A. shall be restructured to address the specialized needs of this bargaining unit. a. Exhibit A shall be restructured to re?ect the following: 1) Pay ranges from SRO4 to SR10 and from SR30 to 8003 shall be deleted. 2) Steps A, and shall be deleted and the remaining Steps to shall be redesignated as Steps A to J, respectively. 3) Two new Steps and shall be added after Step J. b. Following C.1.a. above, Employees shall be placed on the restructured schedule as follows: 1) Employees on Steps A to shall be placed on the corresponding pay range and step. 2) Employees on Step shall be placed on Step of the corresponding pay range. 2. Salary schedule: a. Following the restructuring of Exhibit A as provided in Paragraph C.1.a. above, the resulting salary schedule shall be amended to re?ect a four percent increase and such amended schedule shall be designated as Exhibit B. b. Following C.2.a. above, Employees shall be placed on the corresponding pay range and step of Exhibit B. c. Employees on Step as of June 30, 2016 shall receive a one- time payment equivalent to four percent of the Employee?s new annual basic rate of pay. 3. Employees not administratively assigned to the salary schedule shall receive a four percent increase to their basic rate of pay and a one-time payment equivalent to four percent of the individual Employees? new annual basic rate of pay. 4. Step Movement: BU 14, Article Salaries Page 2 of 3 Employees who are eligible for step movements from July 1, 2016 through June 30, 2017 in accordance with Paragraph 0. of Article - Compensation Adjustment, shall receive their step movements on their step movement dates. BU 14. Article Salaries Page 3 of 3 ARTICLE - COMPENSATION ADJUSTMENT A. General Provisions. 1. For purpose of clari?cation. the provisions of this Article shall not be applicable where an Employee moves from one (1) governmental jurisdiction to another, except as speci?cally provided herein. 2. For purposes of this Article, "basic rate of pay" means the rate of pay assigned to the salary range and step an Employee is receiving as compensation. For an Employee whose position is not assigned to the salary range, ?basic rate of pay" shall mean the actual rate of compensation an Employee is receiving as remuneration for services performed in a particular position, not including any differentials. 3. When the effective dates of more than one (1) personnel action coincide, pay adjustments shall be made in the following order: a. Step movement; b. Negotiated wage increase; 0. Changeover to a new pay schedule; d. Repricing; e. Promotion; f. Reallocation; 9. Other personnel actions. 4. A leave of absence without pay shall end upon the day before the ?rst working day an Employee properly reports for duty, and an Employee shall be entitled to receive compensation as of the ?rst working day the Employee properly reports for duty. Each calendar day from the beginning to the end of an Employee's leave of absence without pay shall be charged as leave without pay provided that an Employee who is granted a leave of absence without pay and who returns to duty after being absent from work for only one (1) working day or less, shall be charged for one (1) day of leave of absence without pay or less, as applicable, even though one (1) or more scheduled or normal non-working days or a holiday may have preceded the Employee's return to duty. 5. An Employee who leaves the service without having worked on all scheduled working days for that month shall be compensated pursuant to the following formula: Employee's basic rate of pay plus TDapplicable (number of days worked/number of working days in a month, including holidays). 6. An Employee who suffers a disabling personal injury arising out of and in the course of employment, except for an injury caused by the Employee's negligence, willful intention to injure the Employee or others, or by the Employee's intoxication or because of the in?uence of a non-prescribed controlled substance, shall be credited for a full day's work on the day of the injury regardless of the time the Employee is injured. 7. An Employee who initially was properly compensated following a promotion, the adoption of a new pay schedule, a temporary assignment, pricing or repricing, or any other personnel action affecting pay, shall not be required to make reimbursement when it is found subsequently that an overpayment in salary occurred due to the retroactive feature of a position classi?cation action. However, the proper pay adjustment shall be made as of the ?rst pay period following the date of notice of action by the director. 8. Employees who are receiving a shortage differential shall have their compensation adjusted by provisions contained in a separate supplemental agreement. BU 14, Article Compensation Adjustment Page 2 of 22 B. Compensation Adjustment Upon Promotion. 1. As used in this paragraph, "promotion" means the movement of a regular Employee from the position in which the Employee last held a permanent appointment to a vacant civil service position assigned to a class with a higher pay range in the salary schedule. 2. A regular Employee who is promoted shall be compensated as follows: a. For promotions involving a movement of three (3) or less pay ranges, the Employee shall be compensated at the corresponding step in the higher salary range. b. For promotions involving a movement of more than three (3) pay ranges, the Employee shall be compensated at the step in the higher salary range which is equal to the rate for promotions involving three (3) pay ranges. If such rate falls below the minimum step, the Employee shall be compensated at the minimum step of the higher pay range. 3. Regular Employees who return to their permanent positions after a promotion on a temporary appointment basis or are released from a new probationary appointment following a promotion shall be compensated as though they had remained in their permanent positions continuously. C. Compensation Adjustment Upon Demotion. 1. The following de?nitions shall be applicable to this paragraph: a. "Demotion" means the movement of a regular Employee from the position in which the Employee last held a permanent appointment to a BU 14, Article Compensation Adjustment Page 3 of 22 vacant civil service position assigned to a class with a lower pay range in the salary schedule. b. "Demotion due to a reorganization" means a demotion of an Employee as a result of a reorganization action. 0. "Demotion to avoid layoff" means a demotion accepted by an Employee to avoid being laid off. d. "Disciplinary demotion" means a demotion action taken by the appointing authority for disciplinary reasons. e. "Involuntary demotion" means a demotion action taken by the appointing authority due to the Employee's inability to perform the duties and responsibilities of the Employee's position, or due to the Employee's failure to meet quali?cation requirements for the position. f. "Non-service connected disability demotion" means the movement of an Employee to a vacant civil service position assigned to a class with a lower pay range in the salary schedule, due to a disability sustained by the Employee other than while performing the duties and responsibilities of the Employee's position. g. "Service connected disability demotion" means the movement of a regular Employee or an Employee serving an initial probationary period to a vacant civil service position assigned to a class with a lower pay range in the salary schedule, due to a disability sustained by the Employee while performing the duties and responsibilities of the Employee's position. h. "Voluntary demotion" means a demotion requested by an Employee and granted by the appointing authority. BU 14, Article - Compensation Adjustment Page 4 of 22 2. Disciplinary or Involuntary Demotion. a. A regular Employee who is involuntarily demoted or who is demoted for disciplinary reasons shall be compensated at the corresponding step in the lower salary range or any lower step in the lower salary range. b. Upon release from a disciplinary demotion given on a temporary basis, a regular Employee shall be compensated as though the Employee had remained in the former position continuously. 3. Demotion to Avoid Layoff; Demotion Due to Reorganization; Service Connected Disability Demotion. An Employee who accepts a demotion to avoid layoff; or is demoted due to a reorganization; or who receives a service connected disability demotion, shall retain the Employee's basic rate of pay; provided: a. If the Employee's basic rate of pay falls between two (2) steps in the lower pay range, the Employee shall be compensated at the step in the lower pay range whose rate is immediately below the Employee's basic rate of pay and shall be entitled to a temporary differential. b. If the Employee's basic rate of pay falls above the maximum step in the lower pay range, the Employee shall be compensated at the maximum step and shall be entitled to a temporary differential. 4. Non-Service Connected Disability Demotion. An Employee who receives a non-service connected disability demotion shall be compensated as provided below: BU 14, Article Compensation Adjustment Page 5 of 22 a. A regular Employee who has ?fteen (15) or more years of continuous service in the civil service of the Employee's governmental jurisdiction shall retain the Employee's basic rate of pay; provided that: 1) If the Employee's basic rate of pay falls between two (2) steps in the lower pay range, the Employee shall be compensated at the step in the lower pay range whose rate is immediately below the Employee's basic rate of pay and shall be entitled to a temporary differential. 2) If the Employee's basic rate of pay falls above the maximum step in the lower pay range, the Employee shall be compensated at the maximum step and shall be entitled to a temporary differential. b. A regular Employee with at least ?ve (5) years but less than ?fteen (15) years of continuous service in the civil service of the Employee's governmental jurisdiction shall retain the Employee's basic rate of pay for a period beyond the effective date of the demotion as follows: Years of Service Months of Compensation Retention 14. Article - Compensation Adjustment Page 6 of 22 13 28 14 30 1) If the Employee's basic rate of pay falls between two (2) steps in the lower pay range, the Employee shall be compensated at the step in the lower pay range whose rate is immediately below the Employee's basic rate of pay and shall be entitled to a temporary differential. 2) If the Employee's basic rate of pay falls above the maximum step in the lower pay range, the Employee shall be compensated at the maximum step and shall be entitled to a temporary differential. c. The basic rate of pay of a regular Employee with less than ?ve (5) years of continuous service in the civil service of the Employee's governmental jurisdiction, or a regular Employee whose retention period as prescribed in clause has expired, shall be adjusted in the manner of adjustments for service connected disability demotion, provided the Employee shall not be entitled to temporary differential. 5. Voluntary Demotion. a. A regular Employee who accepts a voluntary demotion shall be compensated as follows: 1) For voluntary demotions involving a movement of three (3) or less pay ranges, the Employee shall be compensated at the corresponding step in the lower pay range. BU 14, Article Compensation Adjustment Page 7 of 22 2) For voluntary demotions involving a movement of more than three (3) pay ranges, the Employee shall be compensated at the step in the lower pay range which is equal to the rate for voluntary demotions involving three (3) pay ranges. If such rate falls above the maximum step in the lower pay range, the Employee shall be compensated at the maximum step of the lower pay range. b. Upon return to the position in which an Employee last held a permanent appointment. a regular Employee who is demoted on a temporary appointment basis or who is released from a new probationary appointment following a demotion shall be compensated as though the Employee had remained in the former position continuously. D. Compensation Adjustment Upon Transfer. 1. "Transfer" means the movement of a regular Employee from the position in which the Employee last held a permanent appointment to a vacant civil service position which is in the same class or in a different class assigned to the same pay range in the salary schedule. 2. A regular Employee who is transferred shall continue at the same basic rate of pay. E. Compensation Adjustment Upon Reallocation. 1. The following de?nitions shall be applicable to this paragraph: a. "Reallocation downward" means the reallocation of a position to a class assigned to a lower pay range in the salary schedule. BU 14. Article - Compensation Adjustment Page 8 of 22 b. "Reallocation upward" means the reallocation of a position to a class assigned to a higher pay range in the salary schedule. 2. Compensation following reallocation upwards shall be adjusted in the manner as adjustments for promotion. 3. Compensation adjustment for a reallocation downwards shall be in the manner prescribed in paragraph C.3. However, when downward reallocations are due to disciplinary, involuntary, or voluntary reasons, the Employee's basic rate of pay shall be adjusted in the manner as adjustments for disciplinary, involuntary, or voluntary demotions, as applicable. 4. Compensation following reallocation of a position in a class to the same pay range shall be adjusted in the manner of adjustments for transfer. 5. Upon return to the original classi?cation of the Employee?s position after a temporary reallocation upward, the Employee shall be compensated at the rate the Employee would have received were it not for the temporary reallocation. F. Compensation Adjustment Upon Repricing. 1. The basic rate of pay of an Employee whose position is in a class which is repriced to a higher pay range shall be adjusted in the manner as adjustments for promotion. 2. The basic rate of pay of an Employee whose position is in a class which is repriced to a lower pay range shall be adjusted in the manner as adjustments are prescribed in paragraph 0.3. G. Compensation of Employees Selected from an Open Competitive List Resulting from a Recruitment Above the Minimum. BU 14, Article - Compensation Adjustment Page 9 of 22 Notwithstanding any paragraph in this Article, Employees selected through an open competitive recruitment which permits hiring above the ?rst step may be compensated at a rate determined by the Employer upon their appointment from the open competitive list; provided that the amount the Employee will receive is not less than the amount the Employee would have received if the Employees were compensated in accordance with the applicable paragraph. H. Compensation for Temporary Assignment Performed. Compensation for temporary assignment shall be as follows: 1. Except as provided in subparagraph 6., the basic rate of an Employee who performs temporary assignment involving a position assigned to a class in a higher pay range in the salary schedule shall be adjusted in the manner as adjustments for promotion except that any temporary differential which the Employee was receiving shall not be added to the basic rate of pay but shall be retained by the Employee while performing the temporary assignment. 2. An Employee who performs a temporary assignment involving a position assigned to the same or lower pay range in the salary schedule shall continue to be compensated at the Employee's basic rate of pay prior to the temporary assignment. 3. Whenever a temporary assignment involves the assumption of duties and responsibilities of an exempt position not assigned to a salary range (regardless of whether the exempt position is within the bargaining unit or outside of the bargaining unit), Employees will be compensated at the prescribed statutory rate of pay if such rate is higher than the Employee's existing basic rate of pay. If there is no prescribed statutory rate, the appointing authority may exercise discretion in setting BU 14, Article Compensation Adjustment Page 10 of 22 compensation for temporary assignment; provided, the compensation shall be no less than the Employee's basic rate of pay. 4. Whenever a temporary assignment is made for an exempt Employee whose position is not assigned to the salary schedule, and whose temporary assignment involves the assumption of the signi?cant duties and responsibilities of a position assigned to a salary schedule outside of the bargaining unit, the following will be used to determine whether the assignment is to a higher pay range: The maximum rate for the class to which temporary assignment is made is higher than the Employee's existing rate; provided, the dollar difference between the two (2) is more than ?ve percent of the Employee's existing basic rate of pay. If the temporary assignment is to a position in a higher pay range, as determined above, the Employee will be compensated at that step in the higher pay range which exceeds the Employee's existing rate by ?ve percent If there is no step in the higher pay range which rate exceeds the Employee's basic rate of pay by at least ?ve percent the Employee shall be compensated at the maximum step in the higher pay range or at the Employee's basic rate of compensation, whichever is greater. If the temporary assignment does not involve a higher pay range as determined above, the Employee shall be compensated pursuant to subparagraph 2. 5. Whenever a temporary assignment involves the assumption of the duties and responsibilities of a position in the Excluded Managerial Compensation Plan (EMCP), such assignment shall be compensated in accordance with the provisions that are applicable to Excluded Managerial (EM) Employees. If the temporary assignment does not involve a higher pay range as determined above, the Employee shall be compensated pursuant to subparagraph 2. BU 14, Article Compensation Adjustment Page 11 of 22 6. Compensation adjustments shall not be provided for the following: a. An Employee whose position includes assuming the duties and responsibilities of the Employee's superior in the absence of the superior and which assignment is recognized in the Employee's position classi?cation and pricing. b. An Employee who performs duties in accordance with the terms of a formal training agreement entered into with the Employee's department head and approved by the director. Temporary Differential Pay. 1. An Employee shall be eligible for temporary differential pay as may be provided in this Article. The amount of TD pay shall be the difference between the Employee's basic rate of pay prior to the action taken and the Employee's new basic rate of pay. 2. The TD pay shall not be considered part of an Employee's basic rate of pay. 3. The TD pay shall be reduced by an amount equal to any adjustment in the Employee's basic rate of pay due to promotion, upward reallocation, or repricing upward actions. When the adjustment due to these actions is greater than or equal to the TD pay, the TD pay shall be terminated. 4. When an Employee with TD pay is demoted or transferred, or whose position is reallocated to a class in the same or lower pay range, the TD shall be continued in the new pay range. BU 14, Article Compensation Adjustment Page 12 of 22 J. Compensation Adjustment for Non-Regular Employees. 1. Movements of non-regular Employees to other civil service positions shall not be classi?ed as promotions, transfers, or demotions, but shall be considered as new appointments and compensation adjustments upon these new appointments shall be as prescribed in this paragraph. 2. A non-regular Employee who is moved from the position in which the Employee was serving a probational appointment to another position assigned to the same salary range shall continue at the same basic rate of pay. 3. A non-regular Employee who is moved from the position in which the Employee was serving a temporary appointment to another position in the same salary range and salary schedule and in the same department shall continue at the same basic rate of pay. 4. Non?regular Employees serving temporary appointments who are converted to initial probational or permanent appointments in the same positions that the Employees were serving temporary appointments will continue to receive the same basic rate of pay they were receiving while serving temporary appointment. 5. Non-regular full supervisory Employees with at least one 1) year of continuous service who move to other civil service positions shall have their compensation adjusted as though they were promoted, demoted or transferred. 6. The compensation of a non-regular Employee after a personnel transaction other than as described in subparagraphs 2, 3, 4, and 5 shall be at the initial step of the salary range. BU 14, Article - Compensation Adjustment Page 13 of 22 K. Compensation Adjustment for Exempt Employees Accepting Civil Service Appointments, or Whose Exempt Positions are Converted to Civil Service Positions. 1. Exempt Employees who move to civil service positions or who are granted civil service status pursuant to legislation shall not have the transaction considered as promotions, transfers, or demotions. Such transactions shall be considered new appointments and pay adjustments upon these new appointments shall be as prescribed in this paragraph. 2. An exempt Employee who is granted civil service status pursuant to legislation shall retain the basic rate of pay the Employee was receiving immediately prior to being granted civil service status; provided: a. If the Employee's rate of pay falls between two (2) steps in the salary schedule, the Employee shall be compensated at the lower step. b. If the Employee's rate of pay falls below the minimum step of the salary schedule, the Employee shall be compensated at the minimum step. c. If the Employee's rate of pay falls above the maximum step of the salary schedule, the Employee shall be compensated at the maximum step. 3. Exempt Employees selected from an open competitive list to civil service positions other than as described in subparagraph 1., shall be compensated at the initial step of the salary range. L. Compensation Adjustment for Employees Moving to Exempt Appointments. BU 14, Article Compensation Adjustment Page 14 of 22 Movements of Employees to exempt positions shall not be classi?ed as promotions, transfers, or demotions, but shall be considered as new appointments and compensation adjustments upon these new appointments shall be as follows: 1. The Employee shall be compensated at the prescribed statutory rate for the exempt position; or, 2. If there is no prescribed statutory rate, then the rate determined by the appointing authority. M. Compensation Adjustments for Regular Employees Serving Limited Term Appointments, Temporary Appointments, or New Probational Appointments, in Another Position. 1. Regular Employees serving limited term appointments, temporary appointments, or new probational appointments, who are promoted, transferred, or demoted, or whose permanent position is reallocated or repriced shall have their compensation adjusted from their permanent positions pursuant to paragraphs applicable, except as follows: a. An Employee who is moved from the position in which the Employee was serving a probational appointment to another position assigned to the same salary range shall continue at the same basic rate of pay. b. An Employee who is moved from the position in which the Employee was serving a temporary appointment to another position in the same class and in the same department shall continue at the same basic rate of pay. 2. Regular Employees serving limited term or other temporary appointments who are converted to probational or permanent appointments in the BU 14, Article Compensation Adjustment Page 15 of 22 same positions that they were serving on a limited term or other temporary appointment basis shall continue to receive the same basic rate of pay they were receiving while serving the limited term or temporary appointment. N. Compensation Adjustments Following an lntergovemmental Movement Made Pursuant to Law. When an intergovernmental movement has been made pursuant to law, the compensation of the regular Employee involved shall be adjusted as follows: 1. If the result of the intergovernmental movement is that the Employee moves to a position assigned to a class with a higher pay range in the salary schedule than the previous pay range, the Employee's compensation shall be adjusted in the manner as adjustments for promotion. 2. If the result of the intergovernmental movement is that the Employee moves to a position assigned to a class with the same pay range in the salary schedule as the previous pay range, the Employee's compensation shall be adjusted in the manner of adjustments for transfer. 3. If the result of the intergovernmental movement is that the Employee moves to a position assigned to a class with a lower pay range in the salary schedule than the previous pay range, the Employee's compensation shall be adjusted in the manner as adjustments for voluntary demotion. 0. Step Movements. 1. All step movement costs under this paragraph shall be included in the costs of collective bargaining and submitted to the respective legislative bodies for approval at the appropriate time. BU 14. Article Compensation Adjustment Page 16 of 22 2. The following de?nitions shall be applicable to this paragraph: a. "Step movement" means the movement of an Employee to the next step within the same pay range which rate immediately exceeds the Employee's basic rate of pay. b. "Step movement date" means the date the Employee is to be granted a step movement after rendering the minimum number of years of creditable service. 3. In determining creditable service for step movement, the following shall apply: a. "Service" means: 1) For employees who move to bargaining unit 14 on February 22, 2016 as a result of Act 137. SLH 2013; employment service on a step in any Employerjurisdiction in an existing or former position which is or has been included in bargaining unit 3 or 4 prior to February 22, 2016 or bargaining unit 14 on or after February 22, 2016 which would have been included in bargaining unit 3 or 4 or 14 were it not excluded therefrom, provided there is no break in service. 2) For employees who enter or re-enter a position in bargaining unit 14 after February 22. 2016, employment service on a step in any Employerjurisdiction in an existing or former position which is or has been included in bargaining unit 14 or which would have been included in bargaining unit 14 were it not excluded therefrom, provided there is no break in service. BU 14, Article Compensation Adjustment Page 17 of 22 b. "Break in service," for purposes of this paragraph, means a separation from service or a movement out of the bargaining unit; provided that a new appointment within the bargaining unit on the next consecutive work day shall not constitute a break in service. 0. Service throughout a work year shall be creditable for a step movement provided that the following shall be considered time not creditable: 1) absences without pay, except as provided in subparagraph 3.d. below; 2) absences due to suspension; or 3) any period of substandard performance. d. A period of authorized leave without pay for the following purposes shall be construed as creditable service: 1) to be on sabbatical leave; 2) to recuperate from an injury for which workers' compensation weekly payments are made, or 3) to be on military service where the President of the United States or the governor of the State has called the Employee to active duty. 4. Determining Step Movement Date. BU 14, Article Compensation Adjustment Page 18 of 22 a. Subject to adjustment for all periods of time not creditable as provided in subparagraph 3.0., the step movement date shall be determined as follows: 1) For Employees who move to bargaining unit 14 on February 22, 2016, as a result of Act 137, SLH 2014; the step movement date shall be determined by the Employee?s step movement date in bargaining unit 03 or bargaining unit 04 on February 21, 2016. 2) For Employees who enter or re-enter a position in the bargaining unit after February 22, 2016, the step movement date shall be determined by the date the Employee initially entered or re-entered a position in the bargaining unit. b. The Employee's step movement date determined under 4.a. shall not be adjusted upon movement to another position in the bargaining unit without a break in service, regardless of Employer jurisdiction. 5. Eligibility for Step Movement. a. Any Employee who is at a step or rate below the maximum step of the pay range shall be eligible for and shall receive a step movement on the Employee's step movement date, provided the Employee has completed the minimum number of years of satisfactory creditable service required for advancement to the next higher step. 1) Effective February 22, 2016, the minimum number of years of satisfactory creditable service required for advancement to the next higher step shall be as speci?ed in the following: BU 14, Article Compensation Adjustment Page 19 of 22 Minimum No. of Years Existing of Creditable Service at Existing Step Step Before Movements to Next Step Effective July 1, 2016, the minimum number of years of satisfactory creditable service required for advancement to the next higher step shall be as speci?ed in the following: Minimum No. of Years Existing of Creditable Service at Existing Step Step Before Movements to Next Step 14, Article - Compensation Adjustment Page 20 of 22 3 3 3 3 b. The Employee shall not be entitled to receive a step movement on a date earlier than the Employee's step movement date and any time earned in excess of the minimum time required for the step movement is voided upon movement to the next higher step in the same pay range. 6. Effect of Personnel Actions. a. Promotion, Demotion, Reallocation or Repricing Notwithstanding subparagraph 5 above, an Employee who is promoted. demoted or whose position is reallocated or repriced to another pay range shall be credited with time earned in the former pay range or pay ranges toward eligibility for a step movement in the new pay range. b. Transfer or Reallocation to a Class at Same Pay Range An Employee who is transferred or whose position is reallocated to a class in the same pay range shall not lose time earned toward eligibility for a step movement increase. c. Return to Position Following Release from Limited Term, Provisional or New Probationary Appointment An Employee who returns to the Employee's permanent position following release from a limited term, provisional or new probationary appointment, whether from a position within the bargaining unit or from a BU 14. Article Compensation Adjustment Page 21 of 22 position outside the bargaining unit, shall be credited with service rendered as though the Employee had remained in the former position continuously. P. Other Compensation Adjustments. Compensation adjustments not expressly provided for by this Agreement but necessitated by authorized personnel movements or situations shall be made by the chief personnel or human resources executive, as applicable; provided that consultation shall take place with the Union prior to effecting any adjustments under this paragraph. BU 14. Article Compensation Adjustment Page 22 of 22 ARTICLE - TEMPORARY HAZARD PAY A. Award and Approval. Upon recommendation of a department head or the Union, the Personnel Director, in consultation with the Union, shall grant hazard pay to Employees who are temporarily exposed to unusually hazardous working conditions and where the following conditions are met (where the Union initiates a request. the request shall be addressed to the affected department head with a copy to the Personnel Director): 1. The exposure to unusually hazardous working conditions is temporary; 2. The degree of hazard is "Most Severe" or "Severe"; and 3. The unusually hazardous working conditions have not been considered in the assignment of the class to a salary range. B. Hazard Pay Differentials. Hazard pay differentials shall be based on the minimum step of the Employee's salary range and shall be prorated as follows: 1. Most Severe?twenty-?ve percent a. Exposure likely to result in serious incapacitation, long period of time lost, or possible loss of life. b. Accidents occur frequently in spite of reasonable safety precautions. BU 14. Article Temporary Hazard Pay Page 1 of 3 c. Frequent exposure to hazard where failure to exercise extreme care and judgment might cause an accident which would result in total disability or fatality. 2. Severen?fteen percent a. Frequent injuries likely but serious accidents rare. b. Exposure leads to possible injuries, loss of ?ngers, or serious burns. c. Might cause incapacitation. d. Moderate periods of compensable lost time result. 3. Any disagreement on the granting of Temporary Hazard Pay or the differential granted shall be subject to the grievance procedure and in accordance with Step 2 of Article TBD, Grievance Procedure. C. Computing Hazard Pay. The basic unit for computing such payments shall be the hour provided that: 1. A fraction of an hour shall be considered an hour; 2. A half day's pay at hazard rates shall be allowed for one (1) or more but less than four (4) hours of hazard work per day; 3. A full day's pay at hazard rates shall be allowed for four (4) or more hours of hazard work per day; and 4. This pay is in addition to any other rate that may apply to the job. BU 14, Article Temporary Hazard Pay Page 2 of 3 D. Duration of Hazard Pay Award. Such hazard pay award shall remain in effect for a period not to exceed six (6) months but may be renewed by the Personnel Director or the Director's designated representative upon showing by the department head that the working conditions and duties remain the same. E. Forms and Other Requirements. Recommendations for hazard pay differentials shall be submitted on such forms and such manner as the Employer may require. EU 14. Article Temporary Hazard Pay Page 3 of 3 ARTICLE DIFFERENTIALS Effective July 1, 2016 I. State Law Enforcement Differentials A. Standard of Conduct Differential (SOCD) 1. Law Enforcement Of?cers who are subject to departmental Standards of Conduct whether on or off duty, 24 hours per day shall be paid a SOCD due to these unique working conditions. All policies and/or practices of the Employer pertaining to Standards of Conduct existing on July 1, 2016 shall be continued. The Employer shall consult with the Union if the Employer desires to amend its current SOC policies and/or practices. During the consultation, the existing policies and/or procedures shall continue. 2. The amount of the SOCD shall be one dollar and twenty-?ve cents per hour effective July 1, 2016. 3. To facilitate the processing and payment of the SOCD the hourly rates are converted to rates, to be paid with Employee salaries, according to the following conversion formula: SOCD hourly rate multiplied by 2080 hours (52 weeks 40 hours) and divided by 12 months equals the rate. $1.25 2080 hours I 12 months $216.66/month) 4. The hourly SOCD shall be paid for each hour an Employee is in paid status (excluding overtime hours), to a maximum of 2080 hours per year. 5. The SOCD shall be in addition to the Employee's basic compensation and paid in the same manner as the Employee's regular salary. SOCD pay shall be treated in the same manner as salary in computing adjustments involving less than a full month's pay, but shall not be used for purposes of computing all types of premium pay and differentials nor shall it be BU 14. Article TBD Differential Pay Page 1 of 6 affected by such premiums and differentials. The differential shall not be payable during periods of suspension of ?ve (5) or more days or for periods when the Employee is on any leave of absence without pay. 6. The SOCD shall not be payable should a department's SOC be modi?ed to exclude off-duty conduct. 7. Employees not subject to a departmental SOC that is inclusive of both on and off duty conduct, 24 hours per day, will not be eligible for SOCD pay. B. Other Differentials 1. Employees will be entitled to the differentials listed in l.B.2. below because of the unusual or unique working conditions provided they meet all four of the following criteria: a. the unusual or unique working condition has not already been recognized as a factor in assigning the Employee?s class to a salary range; and b. the Employee must hold the appropriate current certi?cation. if required, to perform the function; and c. the Employee?s assignment must have the potential exposure to the hazard for which compensation is being paid; and d. the Employer must assign the duty. 2. The following duties and amount of differential pay shall be granted as follows: a. Aerial Observer Differential An Employee who is required to perform of?cial job duties while airborne in a helicopter shall be paid in addition to their basic BU 14, Article TBD Differential Pay Page 2 of 6 compensation, a differential of ?ve dollars per hour for each hour of work performed while airborne in a helicopter. b. Hostage Negotiator Differential An Employee shall be paid in addition to their basic compensation, a differential of ?ve dollars per hour for each hour of work performed when assigned as the designated hostage negotiator. c. Canine Decoys Differential An Employee shall be paid in addition to their basic compensation, a differential of ?ve dollars per hour for each hour of work during canine bite training as the canine decoy. d. Explosive Canine Handler Differential An Employee shall be paid in addition to their basic compensation, a differential of one dollar per hour for each hour of work performed when assigned to handle a canine seeking out explosives. e. Canine Handlers Differential 1) An Employee shall be paid in addition to their basic compensation. a differential of one hundred and thirty-two dollars ($132) per month (in addition to any amount paid as an explosive canine handler) for each month of work as a canine handler; and 2) The Employee shall be entitled to reasonable reimbursements for medical and health costs necessary for the animal in accordance with prior arrangement with the Employer, or at the option of the Employer, such medical and health services shall be provided by the Employer. BU 14, Article TBD Differential Pay Page 3 of 6 3. For the purpose of granting differential pay for a portion of an hour for an Employee covered by paragraphs b. and the Employee will be paid two dollars and ?fty cents for one-half hour or less of work and ?ve dollars for more than one-half hour of work. 4. For the purpose of granting differential pay for a portion of an hour for an Employee covered by paragraph the Employee will be paid ?fty cents for one?half hour or less of work and one dollar .00) for more than one-half hour of work. C. The Employer, in consultation with the Union, may terminate the differentials provided by this section upon reclassi?cation of an affected Employee's position to a higher classi?cation because of the unusual or unique working conditions which quali?ed the Employee for the differential or because such conditions cease to exist. ll. County Ocean Safety I Water Safety Differentials A. Other Differentials 1. Employees will be entitled to the differentials listed in II.A.2. below because of the unusual or unique working conditions provided they meet all four of the following criteria: a. the unusual or unique working condition has not already been recognized as a factor in assigning the Employee?s class to a salary range; and b. the Employee must hold the appropriate current certi?cation, if required, to perform the function; and c. the Employee's assignment must have the potential exposure to the hazard for which compensation is being paid; and d. the Employer must assign the duty. BU 14, Article TBD Differential Pay Page 4 of 6 2. as follows: BU 14. Article TBD Differential Pay The following duties and amount of differential pay shall be granted a. Rescue Craft Operator Differential 1) Present policies and/or practices of the Employer pertaining to Rescue Craft Operators existing on July 1, 2016 shall be continued. The Employer, in consultation with the Union, may amend its current Rescue Craft policies and/or practices. During consultation, existing policies and/or practices shall continue. 2) An Employee who is certi?ed by the Employer as a Rescue Craft Operator shall be paid in addition to the Employee?s basic compensation, a differential of three dollars and ?fty cents per hour for each hour of work when assigned as a Rescue Craft Operator. 3) For the purpose of granting differential pay for a portion of an hour for an Employee covered by this paragraph, the Employee will be paid one dollar and seventy-?ve cents for one-half hour or less of work and three dollars and ?fty cents for more than one-half hour of work. b. Aerial Observer Differential 1) An Employee who is required to perform of?cial job duties while airborne in a helicopter shall be paid in addition to the Employee?s basic compensation, a differential of ?ve dollars per hour for each hour of work performed while airborne in a helicopter. 2) For the purpose of granting differential pay for a portion of an hour for an Employee covered by this paragraph, the Page 5 of 6 Employee will be paid two dollars and ?fty cents for one- half hour or less of work and ?ve dollars for more than one-half hour of work. B. The Employer, in consultation with the Union, may terminate the differentials provided by this section upon reclassi?cation of an affected Employee?s position to a higher classi?cation because of the unusual or unique working conditions which quali?ed the Employee for the differential or because such conditions cease to exist. BU 14, Article TBD - Differential Pay Page 6 of 6 ARTICLE - UNIFORMS AND EQUIPMENT I. General Application A. A uniform shall be de?ned as those items of distinctive clothing which are required by the Employer. All policies and/or practices of the Employer pertaining to uniforms and equipment existing on the effective date of the Agreement shall be continued. The Employer, in consultation with the Union, may amend its current uniform and equipment policies and/or practices. During the consultation, the existing policies and/or practices shall continue. B. Damaged or Lost Uniforms. 1. If an Employee's uniform is destroyed or damaged while worn in the performance of duty and without negligence, the Employer shall either replace the item or items of uniform destroyed, or reimburse the Employee for the cost of the item or items of uniform destroyed; provided that the Employee's supervisor recommends replacement or reimbursement and the Employer or its designee approves such recommendation. 2. Replacement or reimbursement shall not be made by the Employer when a uniform is lost, stolen, destroyed or damaged due to negligence by the Employee, or where the uniform is willfully destroyed or damaged by the Employee. 0. The Employer shall post on the bulletin board a list of approved vendors where uniforms shall be purchased. A copy of this list shall also be furnished to the Union. BU 14, Article TBD Uniforms and Equipment Page 1 of 4 D. Whenever an Employee is required by the Employer to wear a uniform, the Employer shall have the option to (1) clean such uniforms or (2) provide a uniform maintenance allowance of $20.00 per month provided: 1. if the uniform consists only of button shirt, trousers orjacket, the allowance shall be $10.00 per month; or 2. if the uniform consists only of t-shirt or shorts or both, the allowance shall be $6.00 per month. Such allowance for each ?scal year shall be paid once annually on or about June 30 of the ?scal year. If the employment of the Employee commences or terminates during the ?scal year, the sum paid shall be adjusted on a prorated basis. No allowance shall be payable during periods of suspension of ?ve (5) or more days or for periods when the Employee is on any leave of absence without pay. E. Effective July 1, 2016, whenever an Employee is required by the Employer to wear a uniform, the Employer shall have the option to (1) clean such uniforms or (2) provide a uniform maintenance allowance of twenty-?ve dollars ($25.00) per month provided: 1. if the uniform consists only of button shirt, trousers orjacket, the allowance shall be ?fteen dollars ($15.00) per month; or 2. if the uniform consists only of t-shirt or shorts or both, the allowance shall be ten dollars ($10.00) per month. Such allowance for each ?scal year shall be paid once annually on or about June 30 of the ?scal year. If the employment of the Employee commences or terminates during the ?scal year, the sum paid shall be adjusted on a prorated BU 14, Article TBD - Uniforms and Equipment Page 2 of 4 basis. No allowance shall be payable during periods of suspension of ?ve (5) or more days or for periods when the Employee is on any leave of absence without PEW- ll. Existing Policies and/or Practices A. All policies and/or practices existing on the effective date of the Agreement which provide or require that the Employer either initially furnish uniforms to Employees, or initially reimburse Employees for the cost of the uniforms which are purchased from a vendor approved by the Employer shall be continued for the duration of the Agreement. B. All policies andlor practices of the Employer existing on the effective date of the Agreement which provide for the replacement of uniforms due to normal wear and tear, or which provide for a replacement allowance for uniforms due to normal wear and tear shall be continued for the duration of the Agreement, except that the replacement allowance shall be 75% of the actual replacement cost of the items of uniforms purchased by the Employee. Ill. Weapons Maintenance Allowance A. The Employer shall provide to State law enforcement of?cers who are authorized and required to cany ?rearm as part of their of?cial duties while on duty status a weapons maintenance allowance for the proper care and maintenance of (1) Employer-issued weapons, accessories and personal safety equipment, and (2) Employee-purchased supplemental weapons, including ammunition. approved by the Employer. 1. The weapons maintenance allowance shall be granted for each full month worked. It is provided that paid or unpaid leaves shall be considered as time worked. except that unpaid leaves, including suspensions, of ?ve (5) or BU 14, Article TBD Uniforms and Equipment Page 3 of 4 more days shall not be considered as time worked and the allowance shall be prorated accordineg for such month(s). It is further provided that the allowance shall be prorated when employment commences after the ?rst day of a month or terminates before the last day of a month. 2. The weapons maintenance allowance shall be paid to eligible Employees on or about the end of each three-month period of a ?scal year. The amount of the weapons maintenance allowance shall be calculated at the rate of thirty-?ve dollars ($35.00) per month. Effective July 1, 2016, the amount of the weapons maintenance allowance shall be calculated at the rate of forty dollars ($40.00) per month. BU 14. Article TBD - Uniforms and Equipment Page 4 of 4 IMPASSE ARBITRATION FOR BARGINING UNIT 14 BEFORE ARBITRATIONS WAYNE YAMASAKI NORA NOMURA AND JAMES NISHIMOTO STATE OF In the Matter of HLRB CASE NO. I-14-155 HAWAII GOVERNMENT EMPLOYEES ASSOCIATION, AFSCME, LOCAL 152, AFL-CIO. CERTIFICATE OF SERVICE Exclusive Representative. and WILLIAM P. KENOI, Mayor, County of Hawai'i; KIRK CALDWELL, Mayor, City and County of Honolulu; ALAN ARAKAWA, Mayor, County of Maui; and BERNARD P. CARVALHO, JR., Mayor of Kauai. Employers. I DAVID IGE, Governor, State of Hawai'i; I OF SERVICE I hereby certify that on this date and by the method of service shown below, a true and corrected copy of the arbitration award was served on the following individuals at their last known address. JAMES E. HALVOFISON. ESQ. (US. Mail) A. KEATING, ESQ. CLAIFIE CHINN. ESQ. Deputy Attorney General Employment Law Division Department of the Attorney General 235 South Beretania Street, 15th Floor Honolulu, HI 96813 Representative for State of Hawaii DUANE W.H. PANG, ESQ. (US. Mail) Deputy Corporation Counsel Department of Corporation Counsel City and County of Honolulu 530 South King Street, Room 10 Honolulu, HI 96813 Representative for City and County of Honolulu CHRISTOPHER P. SCHLUETER, ESQ. (US. Mail) Deputy Corporation Counsel Department of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, H196720 Representative for County of Hawai'i GARY Y. MURAI. ESQ. (US. Mail) Deputy Corporation Counsel Department of the Corporation Counsel County of Maui 200 South High Street, 3rd Floor Wailuku, HI 96793 Representative for County of Maui STEPHEN F. HALL, ESQ. (US. Mail) First Deputy County Attorney Office of the County Attorney County of Kauai 4444 Rice Street, Suite 220 Lihue, H196766 ALAN C. DAVIS, ESQ. (US. Mail) Davis and Reno Attorneys at Law 22 Battery Street, Suite 1000 San Francisco, CA 94111-5524 Representative for Hawaii Government Employees Association, AFSCME, Local 152, egg/W? JfYamasaki utral Panel Chair DATED: Honolulu, Hawai'i, February 22, 2016.