COLLECTIVE BARGAINING AGREEMENT BETWEEN JACKSON …

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

JACKSON COUNTY

AND

FEDERATION OF OREGON PARO LE AND PROBATION OFFICERS

Expires June 30, 2022

TABLE OF CONTENTS PREAMBLE ... ......... ............ ................... ......... ........... ............. ..... ..... ... .. ......... ...... ....... ..... .............. ..... 2

ARTICLE 1 - RECOGNITION AND SCOPE OF AGREEMENT .......... ...... ......................... .. .. .. 3 Section I. Recognition ... ...... .. .................. ............................... ....... ..... ... ... .... .. .............. ... .......... .. .... 3 Section 2. Temporary Employees .... ..... ... .. ................. .. .. ............ ................... .................................. 3 Section 3. Part-Time Employees .... .... ...... ................... .. ................................................................ .. 3

ARTICLE 2 - NON-DISCRIMINA TJON AND GENDER ................................. ............. ...... ......... 4 Section I. Nondiscrimination ....... ........ .............. ... ........ .... .... .... .... ........................... .. .............. ....... 4 Section 2. Gender. ..... .................... ... ... .......... ........ ... ...... ...... ............. ............ .... .. ........... .................. 4

ARTICLE 3 -DURATION OF CONTRACT ........ .. ................. ............................. .. ........................ 5 Section I. Contract Duration ......... .......................................... .... ................................ .. .................. 5 Section 2. Reopening of Contract Procedures .................. .. ................ ....................................... ...... 5

ARTICLE 4 - UNION SECURITY ........ .............. ...................................... ..... .... ..... ......... .. .............. 6 Section I. Membership/Payment in Lieu of Dues ............................. .. .......................... .................. 6 Section 2. Dues/Payment in Lieu of Dues Deduction .... .... .. .. .................... .... ................................. 6 Sect ion 3. Deduction Notification . ......................................... ..... .................................................... 6 Section 4. Hold Hann less ...... ... ................... ..... ......... .... ...................................... ...... ...................... 6

ARTICLE 5- MANAGEMENT RIGHTS .......... .......................... ................................ .................... 7 Section 1. Management Rights, Genera lly . .. ................. .... ..................... ... ..................... .. ............... 7 Section 2. Retention of Management Prerogatives ........................ .. ....... .. .................... .. ................. 7

ARTICLE 6 - HOURS OF WORK .................................................................................................... 8 Section I. Pay Period .................................. ............................................................................. ....... . 8 Section 2. Work Period ....................... ..... .............................. .......................................................... 8 Section 3. Flexible Hours ...... .. ........................................................................................................ 8 Section 4. Overtime . .. ........... ... .................................. .. ..... ..... ........... .... ................ ........................... 8 Section 5. Compensatory Time ........ .. .. ............................... ... ........ ....... .. .... ................................... .. 8 Section 6. Work Schedule ............... .... ..................... .. .... .................. ............ ........ ....................... ... .. 9 Section 7. Rest and Meal Periods ... ......................................................... ..... ........ ... ....... ................. 9

ARTICLE 7 - HOLIDAYS ............... .. ...... .......... ................................................ ............... ................ 10 Section I. Holidays Defined ........... ....................................................................... .. ...................... IO Section 2. Holiday Pay ............................................ ................................................... ... ... ............ . I 0 Section 3. Holiday Pay for Various Work Schedules .... ................................... ...... .... ................... I 0 Section 4. Pay Rate for Paid Leave .............. ......................... ................................ ..... .. .......... ....... I I Section 5. Determination of Hourly Rate of Pay .................... .... ........................ .. ......................... I I Section 6. Ho! idays Occurring on Saturday or Sunday ... ............ .... ........................................ ...... I I Section 7. Employees on Leave During a Holiday ................. .. .. ........ ... ................ ........... ... .... ...... 11 Section 8. Holidays Occurring on an Employee 's Day Off .............................................. ............ 11

ARTICLE S-VACATION .. ......... .... .. ...... ... .. ...... .................... ............. ..... ...... .. ..... .... ..... .. .. ............. 12 Sect ion I. Vacation Accrua I. ........................................................ ........... ...... ........ ........................ I 2 Section 2. Continuous Service for Vacat ion Purposes ....... ............ .. .. ......... .. ... ........................ .. ... 12 Section 3. Maximum Vacation Accrual. ................................ .. ........ ....... ....... .. ... .................... ... .... 12 Section 4. Vacation Scheduling ............................................... ...................................................... 12 Section 5. Pay in Lieu of Vacation ......................................................... .. ..................................... 13 Section 6. Vacation Pay Upon Termination or Death ....... .............. ...................... ................. .. ..... 13

ARTICLE 9- SICK LEAVE ........ .............................................. ........... ...... ....... .. ..................... .. ..... 14 Section I. Sick Leave Accrual. ................................................................ .. .. ... .. ............ .... ....... .... .. 14 Section 2. Use of Sick Leave ............................................................ .... .............................. .. ......... 14 Section 3. Physician's Ce11 ification . ........ .. .............................. ................................. .... ................. 14 Sect ion 4. Notification If Sick ... ...... .............. ..... .. ................................... ................ .. ......... .... ..... .. 14 Section 5. Return From Leave Without Pay ....... .. .. ....................................................................... 14 Section 6. Wage Loss Protection Insurance ............................................................ .... .. .............. ... 15

ARTICLE 10- OTHER LEAVES ................................... ................................. .... .. ......................... 16 Section I. Leave for Illness and Donation of Vacation Leave for Illness ............... .... ...... ..... ... .. .. 16 Section 2. Jury Duty ........................................... ...... .......................... ........................................... 16 Section 3. Mi litary and Peace Corps Leave ............................. .. ................................................ .. .. 16 Sect ion 4. Absences Covered By Workers' Compensation ........... .............. .. ....... ...... .......... ....... .. 16 Section 5. Fai lure to Return From Leave ........................ .. .... .. ............................. .. ........................ 17 Section 6. Leave of Absence .................................... .. ......................................... .. .... ............ ........ 17 Section 7. Personal Leave ........................................................................................................ ...... I 7

ARTICLE 11 - SENIORITY ................................ .. .................... ................... ................................... 18 Section I. Seniority Defined .... .. ............ ......... .. ............. .......... .. .. .. .............. ........... ... .... .. .... .. ........ 18 Section 2. Tennination of Sen iority ................................ .. .......................................... ..... .. .. ......... . 18

ARTICLE 12 - LAYOFF ........................................................................... .. .... .. .... ..... ........... ........... 19 Section I. Defined ................................................ .. ............................................................. .. ........ 19 Section 2 . Procedures for Recall from Layoff ................................................... ................. ...... .... 19 Section 3. Pay after Recall ............................... ............................................................ ... ............... 19 Section 4. Expiration of Recall Rights ................................. ......................... .... ..................... .. ..... 19 Section 5. Effect of Subcontracting on Lay Off and Recall Rights ............................................... 20

ARTICLE 13 - DJSCIPLINE AND DISCHARGE ............................ ................ ................... ... ...... 21 Section 1. Probationary Status ........................................................................ ........ .. ..................... 2 1 Section 2. Disc iplinary Actions ...... ......................................................... .............. ............ ...... ... ... 2 1 Section 3. Investigatory Suspension ............................. .. .............................. ................... ..... .. ....... 2 1 Section 4. Economic Disc iplines and Discharge ......... .. ................................................................ 22

ARTICLE 14 - COMPENSATION ....... ...................................................... .................................... 23 Section I. Compensation Adjustment ..................... .............................. ................. ... .. ........ ........... 23 Section 2. Computation of Paid Leaves .......... .... ............................ ...................... ........................ . 23 Section 3. Anniversary Increases ........................................ .... ............... .... ...... .... ....... .... ...... ......... 23

Section 4. Compensation When Req uired to be Available for Work Outside of Regul ar Work ing Hours .. .. ........... .... .. .. ....................... ...................................... .. .................... ... ...... .. ....... 23

Section 5. Persona l Veh icle Usage ... ... ............... .. ......... ....... .... ...... .. ........ ......... .............. ... ..... .... .. 24 Section 6. Field Tra ini ng Officer Ass ignment. ....... ......... ...... .. ..................................... .. ............... 24 Section 7. Firearms or Defensive Tactics Instructor Assignment. ...... ..... ............. .... ... .. ............... 24 Section 8. Extra Compensation ...... .................. ............ ............ ....................... ....... .......... .............. 24 Section 9. Compensation for Bi lingual Positions ................. ................ ....... ... ............................... 24 Section I 0. Pay Upon Termination of Employment ................ ..... ...... ........ ... ...... .......... .. .............. 25

ARTICLE 15 - FRINGE BENEFITS ....... .... .. ..................... ....... ... .......... ...................... ... ............... 26 Section I. Definitions ...... .. ........................................ .... ............................. .. ........... ..... ..... ............ 26 Section 2. Plan Selection and Designation of Agent of Record ....... ... ..................... ..... .. ... ....... .. .. 26 Section 3. Funds A vai lab le for Insurance Programs ...................................... ... ....... .. .. ............... ... 26 Section 4. Prorated Benefits .... ... ........................................... ........ ......... .. ............ ..... ........ .. .......... 26 Section 5. Payment of Insurance Premiums that Exceed Max imum Allowable by the County .... 27 Section 6. Copy of Insurance Contracts Provided to County ......... ......................................... ...... 27 Section 7. Administration of Insurance Programs ..... .... ................................... ... ... ............... .. ...... 27 Section 8. Retirement. ... ...................... ........................ ............... ....... ...... ................... ....... ......... .... 2 7 Section 9. Pretax Benefit .... ...... .................. ...... .......... ................................. .. .. .......... .................... 28 Section I 0. PERS Sick Leave Cred it. ......................... ........ ....... ................................... ........ ......... 28

ARTICLE 16- OTHER FRINGE BENEFITS .................. ........ ... .... ..................... ..... .............. ...... 29 Section l . Concealment and Protective Clothing . ... ...................... ...... .. .............. .. ........... ............. 29 Sect ion 2. Reimbursement for Personal Property Loss .... ..... ...................................................... .. 29 Section 3. Payroll Deductions ........................ .. ........... ... .. ........ .............. .. ........ ................. .... ......... 29

ARTICLE 17 - PER DIEM ....... ....... ............ ..... ............ ................................ ... .. .... .. ............. .. ......... 30

ARTICLE 18 - EVALUATION ... ......... ...... .. .. .......................... .. ..... ......... ... ................................ .... 31 Section I. County to Provide Eva luations ..... ..................................... ....... ..... .. .......... .. ................. 3 1 Section 2. Evaluation Format. ...... ... ......... .... .......... .. ...... ........... ...... ........................ .. ... ... .. ..... .. ... .. 3 I Section 3. Discussion of Evaluation With Supervisor ....... ...... ..... ....... .. ................. .. .......... .. ......... 3 1 Section 4. Evaluation and Personnel File .................................... ... ................... .. ...................... .. .. 31 Section 5. Team Work and Jnnovation ... .. ... ....... ....... ............. .. .. ... .......... ... ....... ..... ..... .... ............. . 31

ARTICLE 19 - PERSONNEL FILE .. .... .......... ............... .... ................ .... .... ...... ............................ ... 32 Section I. File Maintenance ............. ............................................................................................. 32 Section 2. Employee Disagreement With File ...................... ......................................... .. .. .... .. ...... 32 Section 3. Permanent Record ........................................................................... ........ ...................... 32 Section 4. Removal of Material From File .................... .... ................. .. .......... ... ........... ........ ......... 32

ARTICLE 20 - JOB REPRESENTATIVES AND UNION RIGHTS ............. .............. .. ............. 33 Section l . Officers and Stewards . .................. ............... .. ........ .... ....... ... ......... ... .............. .... ........... 33 Section 2. Grievance Meetings .................................... .................................... .......... .................... 33 Section 3. Ti me Limits . .... ....... ................... ............. .. ............. ... ........ ......................... ..... .. ......... ... 33 Section 4. Union Communication ............... ....... ...... ...................... ..................... ........................... 33 Section 5. Attendance at Uni on Functions ................... ... ............................................ ... ............... 33

Sectio11 6. egotiatio11s ..... .... .. ........... ....... .. ... ............. ............... .......... ....... ............................... .... 33 Sect ion 7. Rep ri sa Is ................................... .... .... .......... .... .. .. ......... .. .... ........................ .. ................. 34

ARTICLE 21 - SETTLEMENT OF DISPUTES ...................... ... ................................................... 35 Sect io11 I. Grievance Procedure .. ......... ..................................... ........ .................. .. ......................... 3 5 Sectio11 2. Se If Represe11tation ....... ..... .......................... ............ ...... ............... ................................ 36 Section 3. Time Limits . ..... ................... ............................................. ..... ....................................... 36 Sect ion 4. Discrimination ......... ....... ..... .................. ...................... .. .................................... ........... 36

ARTICLE 22 - CLASSIFICATlON REVIEW ................................................................. ........... .. 37 Section I. County to Establish Job Classificatio11s ............ .. .................... .. .................................... 37 Section 2. Negotiatio11 of Pay Rate ..................................................................... .... ....................... 3 7 Section 3. Reclassification Procedure ........................................ ... ... ...... .. ............................. ... ...... 3 7 Section 4. Pay Rate for Reclass ified Employees ........................... ..... ........................................ ... 37

ARTICLE 23 - HEALTH AND SAFETY ......................................................... .............................. 38 Section I. Health a11d Safety Comm ittees and Laws . ... .. .................. .... ........... .. ............................ 38 Section 2. Threats to Employee Health and Safety ........................................... ............................ 38 Section 3. Communicable Disease .................................... .......................... ........................ .......... 3 8

ARTICLE 24 - SAVINGS CLAUSE AND FUNDING .............. .. ........................... ............... .. ...... 39 Section I. Savings Clause ......................... ............. .............. ..................... ..................................... 39 Section 2. Funding ............ .. .............................................. .................... .. ....................................... 3 9

ARTICLE 25 - EDUCATION, TRAINING AND DEVELOPMENT ......... ... ...................... ........ 40 Section I. Time for Ed ucation Programs ............................................. .. ........................................ 40 Section 2. Tuition Payment. ................................................ ...................... .......... ........................... 40 Section 3. Temporary Training Assignment. ............................................... .... .. .. ......................... . 40 Section 4. General Educationa l Opportunities .............................................................................. . 40 Section 5. Professional Certification, Licensing or Registration ................................................... 40

ARTICLE 26- POLICIES ............................................... .............. .................... .. ............................ 41

ARTICLE 27 -JOINT LABOR-MANAGEMENT COMMITTEE ................................. .... ........ 42

ARTICLE 28 - SUBCONTRACTING OF SERVICES ................................................................. 43

ARTICLE 29 - SCOPE OF AGREEMENT ........................................ ................................... .. .... .. 44

ARTICLE 30- NEW EMPLOYEE ORIENT A TION INFORMATION ... ......... ................... .... .45

ARTICLE 31 - CASELOAD MANAGEMENT ................ ........ ..................................................... 46

ATTACHMENT A-SALARY SCHEDULE ............................... .. ................................................ 47

PREAMBLE

This agreement is entered into by Jackson County through th e BOARD OF COUNTY COMM ISSIONERS. JACKSON COUNTY. OREGON, here inafter referred to as the "County." and the FEDER/\ TION OF OREGON PAROLE & PROBATION OFFICERS - JACKSON COUNTY CHAPT ER. hereinafter referred to as "FOPPO."

The purpose of this Agreement is to set forth those matters pertaining to rates of pay. hours of work, fringe benefits, and other conditions of employment, to develop a harmon ious relationship between FOP PO and the County. and to provide a procedure for the reso lution of disputes which may arise during the term of this Agreement concerning the interpretation or application of th is Agreement.

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ARTICLE I - RECOGNITION AND SCOPE OF AGREEMENT

Section I. Recognition.

The County recognizes FOPPO as the sole and exc lusive representati ve of all Adult Parole & Probation Officers, as defined by ORS 243.736, employed by Jackson County. but exclud in g supervisory, manageria l and confidential empl oyees, for the purpose of negot iating with the Coun ty on matters concerning wages, hours, fringe benefits, and other terms and conditions of employment.

Section 2. Temporary Employees.

A temporary employee shall be any em ployee who works 1.039 straight time hours or less in a calendar year. Temporary employees shall become members of the bargaining unit after they have worked more than 1,039 hours in a calendar year.

Section 3. Part-Time Employees.

A part-time employee shall be any employee in a budgeted position who is regularly scheduled to perform on-going work for an average of at least forty ( 40) hours per pay period (averaged over a fisca l quarter). Parttime employees are members of the bargaining unit.

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ARTICLE 2 - NON-DISCRIMINATION AND GENDER

Section I.Nondiscrimination.

The County and FOPPO recognize the intent o r public policy and agree not to di sc riminate against any person with regard to race. age. religion, gender. sex ual orientation, nationa l origin, or disab ility. fOPPO hereby dec lares their acceptance and support of such laws.

Section 2. Gender.

Wherever used in the Agreement, the masculine personal pronoun shall also be understood to include the feminine and the oppos ite shall apply, irto do so would not be inappropriate in the context used. or to the intended meaning of the phrases or clauses in question.

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ARTICLE 3 - DURATION OF CONTRACT

Sect ion I. Contract Duration.

This contract sha ll be in effect from July I, 2019 thro ugh June 30. 2022.

Section ?. Reopenin!! ofContract Procedures.

This contract sha ll be closed to further barga ining until June 30, 2022, with respect to any subject which was or might have been raised in the course of collective barga ining. Th is Agreement sha ll be automatica lly renewed from year-to-yea r if not reopened as provided in th is Section . Shou Id e ither pa rty wish to term in ate or mod ify this Agreement they shall do so by written notice to th e other between November I. 202 1. and December 3 1. 202 1. or between suc h dates of any subsequent year in the event of automatic renewal. Negoti ations shall begin thereafter at a date mutually agreed upon by the parties. The part ies shall be free to submit proposals and co unter proposals with respect to any proper subject of collective bargaining.

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ARTICLE 4 - UNION SECURI TY

Sect ion I . Mernbership/Pavment in Lieu of Dues.

FOPPO shall provide to the County·s Finance Department and Human Resources Department with doc uments s igned by each employee who affi rmative ly consents to be ing a new member of FOPPO ("written consent to membership"). FOPPO sha ll notify the County in writing of al l status changes to membership in FOPPO.

Bargaining uni t employees who are not members of FOP PO may have a payment in lieu of clues made to r-OPPO deducted from their payc hecks eac h pay period by s igning documents that affirmatively consent to such payment in li eu of due deduction ("written consent to payment in lieu of dues deduction"). FOP PO shall provide to the Cou nty 's Finance Department and Human Resources Department with the written consent to payment in lieu of dues deduction. FOP PO shall notify th e County in wri ting of all status changes to member's written consent to payment in lieu of dues deduction.

Section ? . Dues/Payment in Lieu of Dues Ded uction.

Within 30 days of the County Finance Department 's rece ipt of written consent to membership from FOP PO, the County shall deduct an amount equal to the membership dues from the wages of the consenting bargaining unit employee. Such dues deduction sha ll continue until the County's Finance Depaitment and County' s Human Resources Department have been notified in writing by FOPPO that the bargaining unit employee is no longer a member of FOPPO. The County will, in the pay pe riod following the deduction, pay to FOPPO the total amount so deducted accompanied by a list identifying the members for whom the deductions are being paid.

Within 30 days of the Co unty Finance Department's rece ipt of written consent to payment in lieu of dues deduction, the County sha ll deduct an amount equal to the payment in lieu of dues deduction from the wages of the consenting bargaining unit employee. Such payment in lieu of dues deduction sha ll continue until the County's Finance Department and County 's Human Resources Department have been notified in writing by FOPPO that the bargaining unit employee is no longer consenting to a payment in lieu of dues to be deducted from the employee 's wages. The County will, in the pay period fo llowing the deduction, pay to FOPPO the total amount so deducted accompanied by a list identi fy ing the employees for whom the deductions are being paid.

Section 3. Deduction Notification.

FOP PO shall notify the County in writing the amount of dues/payment in lieu of dues to be ded ucted. C hanges in ded uction amount must be accompanied by offici al notification from FOPPO stating the e mpl oyee's name, amount of deduction, and date the change is to be effective. Such changes may be made between January IO and January 20 of each year.

Section 4. Ho ld Harmless.

FOPPO agrees to indemnify and ho ld the County harmless from any c la im, demand, obligation, cause of action, damages or for any loss aris ing from the operation of this Article so long as this artic le is applied in good faith and none of the aforementioned arise out of the County's own negligence. It is also agreed, neither any em ployee nor FOPPO shall have any claim against the County for any deductions made or not made, as the case may be, unless a claim of error is made in writ ing to the County Administrator within thirty (30) days after the date such deductions were or should have been made.

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ARTI CLE 5 - MANAGEMENT RIGHTS

Section I. Management Ri ghts. Gene rall v.

Except to the extent express ly abridged by a spec ifi c provision of thi s Agreement, it is recognized th at the responsibi I ities o f management arc exc lus ive ly fu nctions to be exercised by the Co unty recognizi ng the ri ghts of barga ining unit employees and FOP PO under Artic le 2 1, Settlement of Disputes. By way of i I lustrati on and not I imitation. the fo l low ing are I isted as exam pies of such management functions:

a. the determination of the governmenta l services to be rendered to the citizens of Jackson County:

b. the determination of the County's financ ia l, budgetary, acco unting, and organization polic ies and procedures;

c. the continuous oversee ing of personne l policies, procedures and programs promulgated under any ord inance or ad ministrative order of the County establi shing personnel rules and regulations not inconsistent with any other term of th is agreement; and,

cl. the management and directi on of the work force including, but not limited to, the right to determine the methods, processes and manner of perfonn ing work ; the determination of the duties and qualification of job c lass ifications; the determination of qualifications and job related qua lities necessary to perfo rm a job; the right to discipline or discharge fo r proper cause; the right to purchase. dispose, and assign eq uipment or suppl ies; the right to contract or subcontract work, and the right, not in an arbitrary or capricious manner. to hire, se lect for a vacancy, demote, transfer, and retain employees; to lay off for a lack of work or funds; to abolish pos iti ons or reorganize the departments or div is ions; to determine schedules of work.

e. the management and direction of the work force, including but not limited to, the right to insta ll and use GPS including without limitation technology, telematics, or data on equ ipment, vehic les, and other property owned or controlled by the County, provided that the use of any information generated by the GPS technology, telematics, or data, for the purposes of discipline only, shall only be reviewed in connection with a specific complaint, incident, work performance, or safety concern .

Section 2. Re tention of Management Prerogatives .

T he exercise of any management prerogati ve, function , or right which is not specifically mod ified by this agreement is express ly retained by the County.

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ARTICLE 6 - HOURS OF WORK

Secti on I. Pav Period.

The pay period shall be that two-week period which co incides wit h the County's regu lar biweek ly pay schedu le.

Sect ion?. Work Period.

Both pa11ies agree that the members of this barga ining unit are subject to Section 7(k) of the Fair Labor Standa rds Act. The parties agree to a tour of duty which shall consist of eighty (80) hours worked in a fou rteen ( 14) co nsec utive-day work peri od, or such other tour o f duty as may be estab lished by the County within the options provided under Section 7(k).

Section 3. Flex ible Ho urs.

It is recognized by both pa11ies that employees in the barga ini ng unit work fl exible schedules and must necessarily work varied hours in the perfo rmance of their duties, subj ect to the County 's right to determine work schedules. A flexible schedule is any base set schedule, as determined by management, which the employee may flex from, with prior manage ment approval.

Secti on 4. Overtime.

FOPPO acknowledges that from time to time overtim e work will be required. Employees who are req ui red by the County to work beyond the maximum number of stra ight tim e hours permitted within the spec ified work period sha ll be granted ove rtime compensation as specified in this article. Hours worked, fo r purposes o f calculating overtime, include holiday pay, j ury duty and fu neral leave, but exc ludes sick leave, vacation, time otherwise compensated as overtime or any other pay for time not worked.

An employee shall be compensated at straight time fo r all hours worked up to e ighty (80) hours under the 7k work period. All hours worked in excess of eighty (80) hours within the fourteen (14) day work period shall be compensated in premium pay at the rate of one and one-half ( I Yi) the ir regular rate for each hour worked, un less the County has authorized such hours to be paid in compensatory time off, and the employee agrees to be paid in compensatory time off. Except in un foreseeable s ituations, a ll work performed in excess of the specified tour of duty must be authorized in advance by the employee's supe rvisor. Such ove rtime work must be reported to the employee's supervisor the fo llowing normal bus iness day the employee is scheduled to work.

Section 5. Compensatory Time.

Ea rned overtime may be taken as compensatory time in lieu of pa id compensation fo r over1ime upon mutual agreement of the employee and the County, and shall be at the rate of one and one-half ( 1 Yi) per each hour worked. The County reserves the right under the FLSA to cash out employees' accrued compensatory time at a ny time. Compensatory time off may not accrue to mo re than eighty (80) hours. Employees may, subject to the perso nne l requirements of the department and supervisor approval, take compensatory time off with forty-e ight ( 48) hours notice to the approving supervisor, prov ided however that compensation for com pensatory time earned shall not be provided to any employee if it would cause them to be paid in excess of the ir budgeted full-ti me equ ivalent (FTE) in the pay period. Should the employee have a compensatory time ba lance on the County's records as of June 30th of any fisca l year, the em ployee shal l be paid for any unused com pensatory time.

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Section 6. Work Schedule.

In light of the requirement that Adult Parole and Probation Officers must often work va ried hours and must also be flex ible in the hours they work in order to meet caseload demands. it is recogni zed that Adult Parole and Probation Officers may adjust or flex thei r work hours within the e ighty (80) hour. fourteen ( 14) day period referenced in Section 4 above, provided such flex ing of hours does not create an overtime liability. When such action results in a work sc hedule change. the em ployee must noti fy his/her supervisor, and when practicable, receive prior permiss ion from the ir supervisor to work those hours. It is understood that evening and weekend work is a recognized part of the Adult Paro le and Probation Officer·s fl ex ible work sc hedule.

Section 7. Rest and Meal Periods.

All full-time employees in the bargaining unit shall receive a rest period of fifteen (15) minutes to be taken insofar as practical in the middle of such half shift. All employees shall be granted a meal period to be taken insofar as practical in the middle of each work shift. Mea l periods shall be not less than thirty (30) minutes nor more than one (I) hour in duration according to present practice. To qualify for a meal period , employees must be scheduled to work at least six (6) hours per shift.

·- ~= Shift Rest Meal

6 - under IO hours 2 (ciJ 15 minutes Yi to I hour IO - under 12 hours 2 (ii) 20 minutes Yi to I hour

12 hours 3 @ 15 minutes Y2 to I hour

Rest and meal periods shall be scheduled by mutual agreement between the employee and hi s/her supervisor and are subject to the operation needs of the County.

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ARTICLE 7 - HOLIDAYS

Sect ion I. Holidays Defined.

• New Year's Day (January I) • Dr. Mart in Luther King. Jr.'s Birthday (3rd Monday in .January) • Presidents' Day (3 rd Monday in February) • Memoria l Day (Last Monday in May) • lndependence Day (J uly 4) • Labor Day ( I st Monday in Septembe r) • Veterans' Day (November 11) • Thanksgiving Day (4t h Thursday in Nove mber) • Christm as Day (December 25)

Holi days are to be observed on the date indicated here in , unl ess the State o f Oregon shall recognize anothe r date, in which eve nt the holiday shall be observed on the date recogn ized by the State, or as otherwise prov ided in other section of thi s Artic le be low.

Sect ion 2. Holiday Pay.

Eligib le employees sha ll receive e ight (8) hours pay (prorated for part-time employees consistent with th is agreement) fo r each holiday observed, when such holiday observance fa ll s within the ir work week. In order to qua lify for a pa id holiday, an employee shall work the next scheduled day be fo re and after the holiday unless excused by the County or on other pa id leave. Employees who are on an unpa id suspension or leave without pay except as req uired by law, and therefore do not work their regular schedule, the day of, the holiday or observed holiday will not qualify fo r ho liday pay.

Section 3. Holiday Pay fo r Vario us Wo rk Schedules.

Holiday pay is li mited to e ight (8) hours pay. For flex ible work schedules, holiday pay shall be as fo llows:

a. Work performed on holidays sha ll be compensated at time and one-ha lf ( 11h) the regular straight time rate for the hours worked plus ho liday pay as provided under this Section 2.

b. If the employee does not work on the holiday, he/she shall receive eight (8) hours pay at the regular stra ight-time rate and any add itional hours for which the employee was regularly scheduled shall be met in one of the fo llowing ways:

I) Work the additiona l stra ight time hours prior to the end of the pay period in which the holiday fa lls;

2) Deduct the di ffe rence between eight (8) hours and the number of scheduled hours aga inst vacati on pay, available persona l leave, accrued compensatory time off or;

3) Deduct the difference between eight (8) hours and the number of schedu led hours against current month 's earnings, in which event such time sha ll be treated as tim e worked for benefit purposes.

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Sect ion 4. Pav Rate for Paid Leave.

Pay will be at the regular stra ight-time hourly rate for each day of absence due to vacation. holiday. or sick leave.

Secti on 5. Determination of Hourly Rate of Pay.

Hourly rate of pay will be determined by the pay schedu le .

Section 6. Ho lidays Occurring on Saturday or Sunday.

Whenever any of the holidays li sted in Section I of this Article shall fall on a Sunday, the succeeding Monday sha ll be observed as the holiday. Whenever any of the recogn ized holidays shall fall on a Saturday, the preceding Friday shall be observed as the holiday. Where a holiday that falls on Saturday or Sunday is observed on Friday or Monday, as the case may be, an employee in continuous operations who is required actually to work the Saturday or Sunday sh al I be compensated at time and one-ha If ( I !I?) for the hours worked. In no event will an employee be paid for the same holiday twice. lfa dec is ion needs to be made as to when holiday pay will be paid, it should be paid on the actual holiday.

Section 7. Employees on Leave During a Holiday.

Should an employee be on authorized leave with pay or vacation with pay when a holiday occurs, such holiday shal I not be charged against such leave or vacation.

Section 8. Holidays Occurring on an Employee's Day Off.

Should a holiday fall on an employee's regular day off, the employee shall be given an additional day off

(eight hours for full-time employees, and the appropriate prorated amount for part-time employees co nsistent with this agreement) as the holiday, to be taken within the work period, or as scheduled by mutual agreement between the employee and the supervi sor involved. Alternatively, the employee shall be compensated for the holiday if it is determined that an additional day off is not in the interest of efficient operation of the department.

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ARTICLE 8 - VACATION

Secti on I. Vacat ion Accrua l.

Vacation cred it shall be acc umulated at the annual ra tes indicated fo r th e appl icab le fisca l yea r. A regular employee who does not remai n with the County for six (6) complete and cont inuous months of employment shal l rece ive no vaca tion cred its whatsoever. except as provided in Secti on 6 of this Article . Except fo r those

regular employees exc luded because they have not met the six (6) month requirement, the bi weekly prorated vacation acc um ulation shall be one twenty-sixth ( 1/26) of the appli cable ann ua l cred it fo r each full pay

period of employment. An employee who completes s ix (6) months contin uo us service rece ives one-ha lf (Yi)

of the annua l vacation credit. When the em ployee does not work full time in a given pay peri od the

employee's acc rua l of vacation time shall be based upon a pro rata ca lc ulati on consistent with this agreement. For purposes of this section, time paid sha ll be treated as time wo rked. Except upon termination from

employment, no compensation for accrued vacation sha l I be prov ided to any employee if it would ca use them to be paid in excess o f the ir budgeted full- time equiva lent (FTE) in the pay period.

Years of Continuous Annual Vacation Hours per County Service Hours Pay Period

I through 5 120 4 .62 Over 5 th ro ugh I 0 144 5.54

Over IO through 15 168 6.47 Over I 5 through 20 192 7.39

Over 20 2 16 8.3 1

Section 2. Continuous Service fo r Vacation Purposes.

Continuous service sha ll be service unbroken by separati on fro m the County, except that ti me spent by an employee on military leave, Peace Corps duty, or unpaid training leave shall not co nstitute a break in service but shall not be counted as part of the continuous service period. Employees returning from layoff status shall be entitl ed to credit for service prior to the layoff.

Section 3. Maximum Vacation Accrua l.

T he intent of this vacation accumulation clause is to a llow the employee to carry fo rward from one vacation base year to anothe r, at the employee's discretion, vacat ion credit up to an amount that does not exceed two (2) times annua l vacation credit.

S ect ion 4 . Vacation Scheduling.

Subject to the operating requirements of the County, vacation time shall be scheduled by mutual agreement between the employee and his/her supervisor. In case there are any conflicts between the employees c oncerning the sc heduling of vacations, and the matter cannot be reso lved between the employees and the s upervisor invo lved, the employee with the longest peri od of contin uous serv ice with the department sha ll be g iven first consideration, provided this employee is limited to exerc ising this right once every two (2) years.

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When an e mployee is transfe rred to. or appo inted to anot her department. his vacation cred it shall be ass umed by the new department.

Section 5. Pay in Lieu of Vacation.

An employee continuing on the payroll wi ll not be required to take pay in li eu of vacation. However, twice per fiscal year em ployees may req uest to be paid for vacat ion accrua ls, up to their maxim um balance, on the fol low ing bas is:

a. Full-time empl oyees - the empl oyee must have taken at least eighty (80) ho urs of vacation in the twelve (1 2) months preceding the request. The eighty (80) hour req uirement w ill be waived if the employee has requested time off and been deni ed.

b. Part-time empl oyees - the employee must have taken at least forty ( 40) hours of vacation in the twelve ( 12) months preceding the req uest. The fo rty ( 40) hour requirement wi 11 be waived if the employee has requested time off and been denied.

Section 6. Vacation Pay Upon Termination or Death.

After s ix (6) complete a nd continuous months of employinent, upon the termination of an employee for any reason. or in the eve nt of the death of an employee, a II accumulated vacation shall be paid e ither to the e mployee or his/her heirs, whichever the case may be. Payment shall be at the rate of pay in effect at termination, and at the same time the employee's fin al paycheck is presented. Should the employee's death occur prior to the completion of s ix (6) months of completed and continuous emp loyment, the employee's heirs shall receive any accumulated vacation pay.

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ARTICLE 9 - SICK LEA VE

Sect ion I. Sick Leave Accrua l.

Sick leave shall be earned by eac h full-time employee at the rate of3.7 hours fo r eac h full pay period. Sick leave may be accrued without limit. Sick leave shall not accrue duri ng periods of leave without pay. When an employee does not work full time in a given pay period, the employee's accrual of earned s ick leave shall be based upon a pro-rata ca lculation consistent with this Agreement. Paid leave shall be treated as time worked for purposes of th is section.

Section 2. Use o f S ick Lea ve .

a. Employees may utilize their a ll owances of s ick leave when unable to perform their work duties by reason of illness, necess ity for medical or dental care, exposure to contagious di sease under c ircumstances by which the health of the employees with whom associated or members of the public necessarily dealt with wou ld be endangered by the attendance of the employee, or by illness in the immediate fami ly which requires the presence of the employee, or by death in the immediate fami ly.

b. For purposes of this section, immediate fa111ily shall be deemed to include the employee's mother, father, spouse, s ister, brother, child, step-child, grandchild, step-parent, grandparent, mother-in-law, father-in-law, and same-sex domestic partners who have affidavits fil ed with the finance department and the insurance carrier. In the case of the death of an immediate family rnern ber I isted herein , s ick leave may be utilized whether or not the deceased family mem ber li ved in the same household as the em ployee.

Sect ion 3 . Ph ys ician's Certification.

The Co unty may require a physician 's certification of the nature and duration ofan employee 's or immediate family member's medical condition and absence from work (including the current status and condition ofa disabled employee), of an employee 's ab ility to return to work, or of an employee's ability to continue the full pe rformance of his/her duties. Additional cost, if any, of such a ce11i fication sha II be paid by the County. Abuse of s ick leave or excessive unplanned absences other than for qualifying medical lea ve or workers compensation leave, may be cause for disciplinary action including discharge under Artic le 13, Discipline and Disc harge.

Section 4. Notifi cation If Sick.

Any e111ployee who is ill and unable to report to work sha ll notify his/her immediate supervisor or the supervisor's designee prior to his/her reporting time, if reasonably possible. In the case of a continuing illness, the employee shall, if reasonably poss ible, continue to notify hi s/her immediate supervisor of his/her inability to repor1 to work.

Section 5. Return From Leave Without Pay.

An employee who is re-employed after expiration of leave without pay, or in the case of a call back from layoff, sha ll have unused s ick leave credits accrued during the immediate prior employment period restored.

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Sect ion 6. WaQe Loss Protectio n Insurance.

Sick leave is provided by the County in the nature of insurance agains t loss of income due to the employee's illness or injury. No compensation for accrued sick leave shall be provided to any employee upon

termination of employment, except as provided in Article 15, Fringe Benefits. regard ing pension rights. Sick leave shall not accrue during any period of leave of absence without pay. No compensation for accrued sick leave shall be provided to any employee if it would cause them to be paid in excess of their budgeted fulltime eq ui va lent (FTE) in the pay period.

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ARTI CLE 10-0THER LEAVES

The leaves of absence set forth in this Artic le sha ll be without pay except as specifica lly stated he rei n.

Sect ion I. Leave for Ill ness and Donation of Vacation Leave fo r Illness.

a. For employees on Fami ly Medical Leave. the County agrees to notify employees as soo n as poss ib le of e l igibi I ity so th e cm ployee can make arrangemen ts to se If-pay Ii fe and disabi I ity insurance premiums should it become necessa ry. The County a lso agrees to provide informat ion to a ll e li gible employees on the Oregon Fami ly Leave Act and Federal Family Med ical Leave Act.

b. In accordance with Coun ty policy. employees may do nate accu mulated vacation leave to an employee, who. as a result of his/her se ri ous illness or injury, or a member of the employee's immediate fam ily's serious i I lness or injury, is about to exhaust or has exhausted his/her accumulated s ick and vacation leaves. persona l leave, and compensatory tim e. The number of hours of donated vacation leave will be cred ited on an hour-for- hour basis to the s ick leave account of the employee to ,,vhom they are donated.

Section 2. Jury Dutv.

Employees may be gra nted leave with pay at the regular rate any time they are required to report for jury duty or jury service during the ir approved work hours, prov ided that the amount of money the employee received fo r jury service is re imbursed to the County (less mileage if paid), except in cases where the jury service goes outside their approved work hours. Under these circumstances there shall be no reduction fo r any such day. Employees released from jury service in time to work at least one ( I) ho ur of the ir regu lar shi ft shall be required to report to work.

Section 3. Military and Peace Corps Leave.

Military and Peace Corps leave shall be granted in accordance with Oregon and Federal law.

Section 4. Absences Covered By Workers' Compensation.

Employees who are absent as the result ofan injury/ illness covered by Workers' Compensation shall use sick leave to suppl ement Workers' Compensation payments for any day or pa11 of a day the employee rece ives time loss payments. Assessments to s ick leave shall be made as fo llows:

Employees assigned to 5/8 schedule 1.50 hours

Employees assigned to fo ur 9 and a 4 sched ule 1.635 hours

Employees ass igned to 4/ 10 schedule or any other sc hedule in excess of eight ho urs in a single I. 75 hours

work day. Em ployees assigned to regular part-time

0. 75 hours schedule

Use of sick leave (or other paid leave) wi ll provide regular benefits based on the employee's regu lar work schedule.

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Sect ion 5. Fai lure to Return From Leave.

Any employee who has been granted a leave of absence and who. for any reason. fails to return to work at the exp iration of said leave of absence, shall be considered as having resigned his/her pos ition with the County, and his/her position shall thereupon be dec lared vacated; except and unless the empl oyee, where reasonably poss ible prior to the expirat ion of his/her leave, has furnished evidence that he/she is unable to return to work by reason of s ickness, physica l disability. or other legitimate reason beyond his/her co ntrol.

Section 6. Leave o f Absence.

In instances where it will not se ri ously disrupt the operation of the Co unty by the temporary abse nce of an employee, a leave of absence without pay for a limited period. nor to exceed s ixty (60) calendar days, may be gran ted for a demonstrated need at the discret ion of the department director. An em ployee requesting an unpaid leave of absence shall apply in advance. Leave may be granted without th e employee first exhausting all paid leave which mi ght have been utilized for the absence. During any unpaid leave of absence the employee shall be responsible for all costs of fringe benefits covered by insurance contracts. Ifa n employee accepts another job during this leave period without the approval of her/hi s supervisor and subsequently returns to Co unty service, such employee shall lose all previously accrued benefits, except retirement benefits which have accrued under the County's pension program. The department director's decision as to when and whether the leave will be granted is not grievab le.

Section 7. Personal Leave.

Each fi scal year, each fu ll-time employee is entitled to one (I) personal leave day of e ight (8) hours. Such time may be used in one (I) hour increments. Any unused time at the close of the fisca l year shall not be carried forward. Personal leave sha ll be scheduled at the req uest of the em ployee; however, forty-eight (48) hours notice must be given to the superv isor except in the event of an emergency. Should operational demands require it, supervisors may deny a request for personal leave. Part-time employees shall be granted a pro-rated number of personal leave hours based on scheduled work hours per the employee's personne l action effect ive July I. No compensation for personal leave shall be provided to any employee if it wo uld cause them to be paid in excess of their budgeted full-time equivalent (FTE) in the pay period.

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ARTICLE 11 - SENIORITY

Sect ion I. Seniori ty De fin ed.

Employees shall acquire three (3) types of seniority:

a. empl oyer seniority (length of service with the County):

b. departmental se niority (length of serv ice within the department); and

c. job class ification seniority (le ngth of se rvice in the job classification with in the department).

Seniority shall be determ ined by the employee's length of continuous service with the County, within the department, or with in the job classification and department and sha II be prorated fo r part-time employment. Service with in a c lassification having progress ive grades sha ll be treated as contin uous service within that c lassification within a department. Classification seniority shall not apply outside the department in which it accrued. In the event of invo luntary transfer from one department to anoth er only, departmental seniority shall be transferred to the new department. Time worked in a management position outside the barga ining unit will not constitute a break in service, but wi ll not be added to class ification seniority. The County will annua lly provide a seniority list to FOPPO.

Section 2. Termin ati on of Seniori ty.

Seniority sha ll be terminated by any of the fo llowing:

a. Voluntary quit;

b. Discharge for cause;

c. Layoff for a period of time equal to the lesser of e ighteen ( 18) months or of the employee's employer seniority at the time of layoff;

d . Unpa id leave in excess of twelve ( 12) months, acceptance of other employment during such leave or failure to return from unpaid leave at the time designated for return; or,

e. Retirement.

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ARTICLE 12 - LAYOFF

Secti on I. Defined.

A layoff is defi ned as an involuntary separation from Co unty em ployment for reasons not reflecting d iscredit on the employee. FOPPO and the employee sha ll be g iven written notice of layoff as early as possible but at least fifteen ( 15) calendar days before th e effective date, stating the reasons for the layoff.

Layoff shall be by spec i fie job classification within the concerned department and sha ll be in ascending order (bottom to top) of an employee's seniority for the job c lassification in the department, provided that the needs of the department, including the possess ion of specific j ob sk ills as determined by the depaitment director sha ll modify operation of this provision. The person designated as the least sen ior as provided here in shall be laid off first and offered reca ll last.

Section 2. Procedures for Recall from Layoff.

If a position within a c lassification from which an employee has been laid-off becomes available, for whi ch a la id off em ployee (with recall rights under Section 4, Expiration of Recall Rights) is fully qualified, including certifications or other job requirements, and possesses the job-related qualities necessary to perform the job. the senior such employee shall be offered recall subject to supplemental background investigations and drug testing. If an employee no longer possesses the necessary certification, they wi 11 be reca lled to em ployment in a probationary status until such certifications can be obtained, for up to e ighteen (18) months. Jf an employee is unable to obta in required certifications, they are no longer eligib le for recall.

The County sha ll first attempt to communicate with the employee by telephone for recall purposes. If the County is unable to communicate with the employee by te lephone, the Co unty shall send a certified lette r to the employee at his/her last known address on fil e with the County. The employee sha ll have ten ( I 0) calendar days from the date of the personal telephone ca ll or the postmark of the letter to accept reca ll , whichever is sooner. Failure to accept recall shall result in removal of the employee's name from the reca ll list. Em ployees are responsible fo r ensuring that the County has correct telephone numbers, addresses and message locations. If the County is unable to reach the employee by certified ma il or message, the employee's name shall be removed from the recall list except when there is a situation that is beyond the control of th e employee.

Section 3. Pay after Recall.

An employee who is reca lled from layoff to his/her former position within the period spec ified in Section 4, Expiration of Recall Rights, will be placed at the sa lary range and step, accrued s ick leave, and vacation accrual rate he/she he ld at the time of layoff

Section 4. Ex piration of Recall Rights.

Recall from layoff rights sha l I expire eighteen ( 18) calendar months after the layoff, or when the employee has been laid off for a period of time in excess of hi s/her em ployer seniority at the time of layoff, whichever is the lesser. If a person has been laid off for any period of time greater than eighteen ( 18) calendar months or his/her employer seniority, whichever is the lesser, that person is automatically considered permanently terminated, and such individual has no further right to recall. It is the laid off em ployee's responsibi I ity to maintain a current address and telephone number with the County . Employees who are laid off from parttime pos itions shall not lose reca ll rights to a part-time job by refusing to accept recall to a full-time job of the same classification from which the employee was laid off Employees who are la id off from full-time

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positions sha ll not lose reca ll rights to a full-ti111e j ob by refusing to accept recall to a part- ti111ejob of the sa111e class ifi cation fi-0111 which the employee was la id off

Section 5. Effect of Subcontracting on Lay Off and Recall Rights.

If the County exerc ises its right to contract and subcontract, employees in the bargaining unit who are displaced as a result thereof wi ll be treated as employees subject to layoff under this Article 12. However, it sha ll not be considered a layoff if employees in the bargaining unit are transfe rred and rece ived in accordance with the Public Employees Transfer Law.

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ARTICLE 13 - DISCIPLINE AND DISCHARGE

Section I. Probat ionary Status.

New employees who curre ntly possess their certificat ion as a Parole and Probation Officer shall be placed in a probationary status during the first twelve ( 12) months of regular fu ll-time or regular pa11-time empl oyme nt in a regular position fo llow ing inc lusion in the bargaining unit . New emp loyees who do not current ly possess their cert ification as a Parol e a nd Probation Office r sha ll be placed in a probationary status of eighteen (18) months in order to procure their certification. During the probationary period, any such probationary employee may be discharged w ithout cause, subject to rights which may be protected under State or federal law. The above probationary periods may be extended by mutua l agreement in writing between the e mployee and the County.

Section 2. Disciplinary Actions.

The County shall not disc ipline or discharge any employee who has completed his/ her probationary period, as desc ribed in Section I of this Article, w ithout just cause. Disciplinary action or measures s ha ll inc lude the fo llowing: non-economic discipline, including but not limited to an oral or written reprimand, econo mic discipline, including but not limited to a reduction in pay or suspens io n, or discharge. Oral reprimands shall not proceed to arbit ration. Disciplinary act ion sha ll be imposed in a progressive manner, or othe rwise, depending upon the severity of the si tuation, for fa i I ing to fu lfi II his/her responsibilities as a n e mployee. Noth ing in this Agreement shall preclude the Coun ty from placing an employee in a work-improvement status, subject to period ic performance review, as a means, s hort of econom ic discipline or disc ha rge, of improving such employee ' s job performa nce . Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. The County sha ll provide the employee and the FOPPO President a written copy of any di sc ipl inary action taken. If the County has reason to discipline an e mployee, it sha ll make reasonable efforts to impose such discipline in a manner that is not intended to emba rrass or humiliate the e mployee before other employees or the public.

Section 3 . Investigatory Suspension.

With respect to no n-probationary employees, if the depa11ment head or other supervisor feels there is just cause for discharge, the employee invo lved may be immed iate ly suspended w ith pay. T he e m ployee w ill be notified in writing that he/she has been s uspended for a definite period of time and is subject to discharge, a nd shall be informed of the reason(s) for such suspens ion and possible discharge. When known and applicable, relevant dates and locations wi ll be included in s uch notification. The suspension peri od shall be for the purpose of a llowing the County to investigate the disc iplina ry matter, and to determine whether or not the suspension will result in a discharge or, alternatively, a longer period of s uspe nsion. The employee shall be notified in writing of such ac tion and the reasons for such action. Other factors whic h have been considered and whic h are pe11inent to the action taken, including prior documented work hi story, may thereafter be specified if dismissal or other disciplinary action occ urs and becomes the subject of a grievance under Article 21 , Settlement of Disputes.

Armed parole & probation officers who are invo lved in a critical incident involving the use of dead ly physical force, or such a use of force as to req uire an invest igation, shall not be subject to the paragraph above in such a circumstance, but shall be placed on adm ini strative paid leave until the County has determined that return to duty is appropriate or that disc ipline is warranted .

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Sect ion 4. Economic Discip li nes and Discharu.c .

Notice of disc iplinary action involv ing suspension or discharge sha ll be in writing and shall be given to the employee and the FOPPO Pres ident. Economic disc ipline or di scharge imposed upon an employee under thi s Article may be processed as a grievance under Step I. but commencing at Step 2 of the regu lar grieva nce procedure. provided that a grievance concerning disc iplinary action must be fil ed with in fifteen ( 15) calendar days of notice of the action or sha ll be deemed waived . Should such disc iplinary action be fou nd to have been taken without cause, the act ion sha ll be remedied on such terms as may be mutually agreed between th e part ies in the course of the grievance procedure. or by arbitration under Article 2 1, Settleme nt of Disputes, and shall inc lude a make-who le remedy.

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ARTICLE 14 -COMPENSAT ION

Section I. Compensatio n Adjustment.

a. Effecti ve the first fu ll pay period in July 2019 - adj us t a ll wages by three and one ha lf percent (3 .5%).

b. Effective the first full pay pe ri od in .July 2020 - Inc rease the salary schedu le by n percentage eq ual to the percentage inc rease in the C PI-W, West Coast Index Annual Average. mini mum of two percent (2. 0%), maxim um of fou r perce nt (4.0%).

c. Effective the firs t full pay peri od in July 202 1 - Inc rease the salary sc hedul e by a percentage eq ua l to the perce ntage in crease in the C PI-W, West Coast Index Annua l Average. minimum of two pe rcent (2.0%), max imum of four pe rcent (4 .0%).

Secti on 2. Computation of Paid Leaves .

a. Pay for any paid leave time sha ll be li mited to not more than e ight (8) hours of pay per day for a 5/8 regular workweek. For fl exible schedules, the ac tua l number of hours the employee is sched uled to work for each pay period s hall be used for the purpose of ca lculating pay for any paid leave time.

b. Accum ulati on of leave time fo r each pay period shall be calcu lated as one-twenty-s ixth ( 1/26) of the a nnual rate converted to hours for full time employees. For part-time e mployees, leave shall be calcu lated in accordance w ith A rt ic le 15, Fr inge Bene fits, Section 4.

c. Time off for s ick leave a nd vacation sha ll be charged to the emp loyee in a n amount equal to the number of hours in his/her regular workday. (For example, if a person works a regular five (5) day, e ight (8) hour work sched ule, he/she w ill be charged e ight (8) hours for each day off If he/she works a four ( 4) day, ten ( I 0) ho ur schedule, he/she wi II be charged te n ( I 0) hours for each day off The above com putation does not include his/her norma l days off

Section 3. Anniversary Increases.

a. Except as indicated in Section I o f this Artic le, personne l on a ny step, other than individua ls on the top s tep, w ithin the applicable range, sha ll be e ligible for an increase to the next immed iate highe r step w ithin that applicable range after twelve ( 12) full ca lendar months in grade on a given step based on satisfactory performance.

b. An employee w ill receive an inc rease to the step leve l for which he/she becomes e ligible automatically upon completion of the applicable in-grade time requirement except in those instances w here an e mployee has been notified in writing at least fifteen ( I 5) days prior the reto as to the just cause for not recommending the employee for a raise.

c. The employee 's department s upervisor w ill complete the necessary paperwork to imp lement the step increase and wi ll forward s uch paperwork through the appropriate channe ls before the effective date of the ste p increase.

Sect ion 4 . Compensation When Required to be Availab le for W ork O uts ide o f Regular Wo rki ng Hours.

Whenever an employee is required to respond to a call after normal work ho urs, (whether such work requires the employee to leave home or not) it wi ll be considered a minim um o f twenty (2 0) minutes worked, or the

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amount of'tilllc actually worked. whichever is greater. !f an e mployee responds to multiple calls wit hin any given twenty (20) lllinut e pe riod. it will be co nsidered time worked of twenty (20) minutes, or the amount of tilll e actually worked. whichever is greater.

Section 5. Personal Vehicle Usm:e.

Co unty emp loyees. who are required to utili ze their own vehicles for County duties because no County vehicle is avai lab le and who are authorized to use their own vehic le. sha ll be reimbursed at the current IRS mileage reimbursement rate adopted in accordance w ith County policy.

Section 6. Field Train in g Officer Assi2.n111ent.

Employees w ill receive a premium equal to five percent (5%) of base wage fo r performing Field Training Officer duties approved by the department. Employees acting in multiple capac ities as outlined in Sect ion 6 a nd Section 7 of this Artic le wi ll not rece ive more than five percent (5%) premium.

Section 7. Firearms or Defensive Tactics Instru ctor Assignment.

Employees will received a premium equal to two and one-half percent (2.5%) of base wage for performing assigned Firearms or Defensive Tactics Instructor duties, as assigned in writing by the depa,tment. Employees acting in multiple capac ities as outlined in this Section w ill not rece ive more than two and oneha lfpercent (2.5%) premium.

Section 8. Extra Compensation.

Employees may receive extra compensation for achievements of outstanding merit. Extra compensation shall be awarded in amounts not to exceed two and one half percent (2-1/2%) of an employee's base pay, for any period of time ranging from two (2) weeks to one (I) calendar year. This amount shall be awarded in one lump sum . Extra compensation shall be awarded by the department head. If extra compensation for o utstand ing merit is awarded to more than one employee for work conducted as a team or joint project, the percentage calculation for each employee sha ll be based on the average (mean) per hour rate of all of the employees being recognized on the date the award is requested. Extra compensation shall be granted for the following reasons:

a. ideas which save the County significant amounts of n1oney, material, or time.

b. ideas or programs which significantly improve services to the public or user groups.

c. significant documented outstanding performance in carrying out job duties.

Nothing in this agreement sha ll preclude the County and FOPPO from developing, on an experimental basis, an incentive program to reward employees for innovation and cost savings.

Section 9. Compensation for Bilingual Positions.

Persons designated by the Depa,tment to communicate in a second language other than English (including s ign language), shal l be granted a 5% pay differential. Such persons shall be proficient in the needed second language. It sha ll be at the sole discretion of the Department to select persons for bilingual compensation and to decrease or e liminate the positions should the Department determine the need for translation no longer exists. Nothing in this Agreement sha ll preclude the Depa1tment from using persons other than those

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designated for second language comm unication should an emergency occ ur provided they are compensated for the time they perform the duty.

Secti on I 0. Pav Upon Termination of Employment.

Upon termination from employment fo r any reason (including, but not limited to, voluntary or in vo luntary discharge, retirement, layoff. or vo luntary quit with or without prior notice), the County shall have until the next regularly-scheduled payday or fi ve (5) bus iness days, whichever is later, after the date of the employee·s termination to pay the employee all wages earned and unpaid at the time of the employee 's termination. At the end of employment. said fina l pay will be mailed to the employee's last known address unless Human Resources is notified otherwise in writing no later than the last day of employment.

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ARTICLE 15 - FRINGE BENEFITS

Section I. Definitions.

For the purpose of this Art ic le, fringe benefits include all County-pa id insurance programs. Holidays. vacation accrual, and sick leave will be prorated according to the guide lines in th is Artic le.

Barga ining uni t employees who are regul arly sc heduled to work forty (40) hours per pay period, inc lusive of vacation, sick leave, and ho lidays, shall qualify for prorated frin ge benefits.

Section 2. Plan Selection and Designation of Agent of Record.

FOPPO shall have so le responsibility for arranging and se lecting plan coverage for hea lth, denta l and vis ion insurance programs as we ll as life, disability and any other insurance program estab lished by FOPPO thro ugh its own Agent of Record. FOP PO shall designate the Agent of Record for hea lth, dental and vision insurance programs as well as life, disability and any other insura nce program established by FOPPO.

Section 3. Funds Available for Insurance Programs.

Funds made avai lable by the County pursuant to this Article shall only be used to provide insurance to e ligible bargaining unit members, their spouses or regis tered domestic partners and their federa l tax dependents.

a. Effective August I, 20 19, the County shall make ava ilab le for hea lth, dental, vis ion, di sability and life insurance premiums, a maximum of two thousand one hundred twenty five dollars ($2,125.00) per month for each e lig ible bargaining unit employee toward current premium costs. Should the cost of the benefit package in place on the date of such increase exceed this amount per month, the County agrees to increase its monthly contribution by an amount eq ual to one-half(l /2) of the addit ional cost.

b. Effective August I, 2020, the County sha ll make ava ilable for hea lth, dental, vis ion, disability and li fe insurance premiums, a maximum of two thousand two hundred dollars ($2,200.00) per month for each el igib le bargaining unit employee toward current premium costs. Should the cost of the benefit package in place on the date of such increase exceed th is amount per month, the County agrees to increase its monthly contribution by an amount eq ual to one-half ( I /2) of the add itional cost.

c. Effective August I, 202 1, the County sha ll make available for hea lth, dental , vision, disability and life insurance premiums, a maximum of two thousand two hundred seventy five dollars ($2,275.00) per month for each e ligible bargaining un it employee toward current premium costs. Should the cost of the benefit package in place on the date of such increase exceed thi s amount per month, the County agrees to increase its monthly contribution by an amount eq ual to one-half(l /2) of the additional cost.

Section 4. Prorated Benefits.

A ll fringe benefits for persons in regular benefited positions, who are paid for less than eighty (80) hours per pay period shall be calcu lated as follows:

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a. To rece ive benefits, employees must be pa id fo r an avera ge of fo rty (40) hours per pay period. Paid t im e may be the result of scheduled work. ho lidays. paid vacat ion. pa id sic k leave.

b. Benefits shall be pa id on a prorated basis based 0 11 the actua l nu mber of hou rs paid d ivided into the actua l number of hours ava ilable for work in a given pay period. Hours pa id do not incl ude compensation when required to be ava ilable fo r work outs ide of regular working hours. As an example, an employee who is pa id fo r sixty- five (65) hours in a pay peri od for which there are eighty (80) hours avai lable, would rece ive e ighty-o ne perce nt (8 1 %) of benefits paid (65/80 = 81 %).

Section 5. Payment of Insurance Prem i urn s that Exceed Max im um Allowable by the County.

a. In the event that any of the aforementioned programs sha ll have a net pre mium in an amount pro rata pe r covered employee greater than the appl icable basic County contribution (see Sect ion 3 of this Artic le) then the individua l employee shall be respons ible for paying any such difference and the County is hereby authorized to advance such sums for the ex press purpose of premium payment and then to make automatic payroll deductions from the ea rnings of any and a ll covered employees fo r re imbursement to the County of any such amount advances.

b. Where the condition of the insura nce contract ca lls for prem ium payment before the covered month has ended, should an employee not remain on the payro ll for the enti re calendar month, the employee is automatically liable to the County for any such amounts) advanced and the County is hereby authorized to deduct such amounts) from the earnin gs of the employee.

Section 6. Copy of Insurance Contracts Prov ided to Co unty.

For those insurance programs where FOP PO designates the insurance carrier and/or the Agent of Record, FOP PO must provide a true copy of the insurance policy and/or amendment at least thirty-one (3 1) days before the effective date. FOPPO sha ll also provide the County an annua l statement, prepared by the insurance company, summari zing the costs of a ll benefi ts pa id fo r the ca lendar year, expected rate increases o r decreases and any changes in benefit coverage. Such annua l reports shall be filed no later than March I of any given year. FOPPO sha ll prov ide the insurance premium rates to the Co unty's Human Resources Office at least thirty (30) working days prior to the effective date of any such insurance programs.

Section 7 . Administration o f In surance Programs.

a . FOPPO sha ll be responsible fo r a ll employee-re lated servicing activities; such as but not limited to: insurance committee meetings, distributing insurance claim forms, distributing lists of medica l profess ionals that honor the program, notifying the employees of changes in premium rates, following up on complaints, ass isting with c laims, etc. Such adm inistration may not occur during regu lar working hours.

b . For those insurance programs other than as referenced in Paragraph (a) o f thi s section, the County sha ll conduct the employee-re lated servic ing activit ies.

Section 8. Retirement.

a. Retirement benefi ts will be provided unde r the Oregon Public Employees Retirement System (PERS) or Oregon Public Service Retirement Plan (OPSRP), whichever is applicable pursuant to ORS 238 and 238A and contracts of integration between the County and PERS. Adult Paro le and Probation Officers, who are appointed by the County, req uired by statute to be certified, and have earned such

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designation from the Sta te of Oregon. sha ll be granted participation in the PERS or OPS RP program fo r Pol ice Office rs and Firefighters effecti ve July I. 1995. Participation shnll continue as long as:

I) th e ofti cer remains ce rtified;

2) certification is required by ORS and/or OAR:

3) State law provides for partic ipation of Ad ult Parole and Probation Officers: and

4) the employee continues to work in a police or firefi ghter qualified position as designated by the County.

b. The Co unty will pick-up the s ix percent (6%) employee contribution to PERS or OPSRP. wh ichever is appropriate.

Section 9. Pretax Benefit.

The Co unty shall provide a Section 12 5 plan under which employees can des ignate pre-tax dollars to pay for e I igible dependent care. out of pocket medical or transportation expenses.

Section I 0. PERS Sick Leave C redit.

Effective July I. 2000, pursuant to 0.R.S. 238.350, the County wi ll cred it employees for accumulated s ick leave upon retirement, by adding one ha lf (Yi ) the monetary value of the accumulated sick leave to the fina l average sa lary calcu lation used to determine retirement benefits.

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ARTICLE 16 - OTI-IER FRINGE BENEFITS

Section I. Concealment and Protective C loth in!l.

a. I fa n employee is required by the County or by law to wea r concea lment clothing, protecti ve c lothing or protecti ve devices, such protecti ve clothing or devices shall be provided by the County. Items provided by the County wil l bear the County and/or Department logo. unless such item is to be used for plain clothes duty. The cost of ta iloring, if necessary, shall be pa id by the Cou nty.

b. Body armor sha ll be provided to all fi eld Adult Parole and Probat ion Officers and replaced by the County per manufacturer's warranty (currently five (5) years).

Section 2. Re imbursement fo r Persona l Property Loss.

Upon being furnished reasonable proof of actua l loss or damage and an original rece ipt to substantiate the cost to replace any of the items listed be low which are lost or damage as the resu lt of a confrontation with an offender, offender assoc iate, or offender fami ly member, the Community Just ice Department shall pay the replacement cost not to exceed two hundred ($200.00) dollars per item, per occurrence:

a. Wristwatch

b. Prescription eye wear (the actual replacement cost not covered by insurance will be paid)

c. Clothing not issued by the County

d. Any other personal property item utilized for perform ance of daily work, but not provided by the County.

Section 3. Payroll Deductions.

The County agrees to make payroll deductions on behalf of any members of the barga ining unit for charitable contributions and retirement and/or pension plans provided that the individual em ployee authorizes the deduction in writi ng.

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ARTICLE 17 - PER DIEM

Employees trave ling 0 11 County business shall receive allowances and re imbursements for expenses, meals, and lodging as set forth by County policy.

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ARTICLE IS -EVALUATION

Secti on I. County to Provide Eva luations.

The Co unty agrees to evaluate all bargaining unit personnel at least once annually.

Secti on 2. Eva luation Format.

The County shall be responsible for providing a written format from which to evaluate employees. The format shall be approved by the administrator, with a copy to be provided to FOPPO. Any future change in eva luation format sha ll be discussed with FOPPO prior to implementation of such change.

Section 3. Discussion of Evaluation With Supervisor.

An employee's immediate supervisor shall be obligated to discuss an employee's eva luation with the employee and to provide a written copy of the eva luation to the employee. At that time, the employee will sign the eva luation to acknowledge that he/she has read it, not implying agreement or disagreement with the evaluation. Nothing here in shall preclude an employee from indicating in the space provided on the evaluation form agreement or di sagreement with an evaluation. Evaluations shall not be subject to the procedures of Article 21, Settlement of Disputes, unless the eva luation is used in the denial of an anniversary increase.

Section 4. Eva luation and Personnel File .

An employee's eva luation shall remain a part of the employee's official personnel file.

Section 5. Team Work and Innovation .

The County encourages innovative ideas, team work, cost saving ideas and original solutions to problems. Evaluations will reflect contributions employees make toward innovation, team work and cost savings. Where the employee has no opportunity for team work or innovation, the evaluation need not reference team work and innovation.

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ARTICLE 19 - PERSONNEL FILE Section I. Fil e Maintenance.

A personne l fil e may be estab lished and mainta ined for eac h employee. An employee or. upon th e employee's written authorizat ion, the appropriate j ob representati ve or FOP PO representati ve. sha ll have the ri ght to vie\-v his/her offi cial personnel fil e mainta ined in the County·s Human Resources offi ce . An employee shall be entitled to a copy of any negati ve material which is pl aced in his/her official file. Any material which re fl ects negative ly upon an employee sha ll be acknowledged and initialed by the employee or endorsed and dated by two (2) management employees in the event the employee refused to initia l the materia l, prior to placement in the offici a l personnel file. Materia l which is not so endorsed may not be used for any purpose detrimental to the employee.

Section 2 . Employee Disagreement With File.

An employee who disagrees with material which has been placed in his/her offi cial personne l fil e may place a response to such mate rial in the fil e if such response is received, in writin g, by the Co unty, within fifteen ( 15) calendar days of the date the employee is noti tied of the placement of the materia I in the fil e.

Section 3. Permanent Record .

An employee's officia l personnel fil e is a permanent record of an employee's se rvice with the Co unty and is mainta ined in the County's Human Resources office.

Section 4. Remo val of Material From File.

Materia l re lating to di sciplinary action recommended but not taken, or disc iplinary action which has been overturned and ordered removed from the offi cial personnel file on fina l appeal, sha ll be removed. Materi al wh ich the parties agree to be incorrect, will be removed, upon request, from an employee's personne l file.

Counseling memos, work plans, and oral or written reprimands for which the behavior has been corrected, may be removed from the personnel fil e after a period of two years upon request by the employee, at the so le discretion o f the Director. The Director's decis ion will not be grievable.

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ARTICLE 20 -JOB REPRES ENTATIVES AND UN ION RIGHTS

Section I. Officers and S tewards.

FOPPO may designate employees of the County to serve as officers and stewards. Officers and stewards shall assist with inves tigat ion of grievances, solving problems before grievances develop, investigation or disciplinary action and adm in istrat ion of th is Agreement. It is FOPPO's responsibi I ity to select its officers and stewards. FOP PO shall be responsib le fo r noti fy ing the County of employees who are serving as officers and s tewards. The County shall recognize only employees designated as officers and stewards, and FOPPO staff as official representatives in the admi11is tration of this Agreement.

Section 2. Grievance Meetings.

To the extent feasible, meetings between the County and FOPPO under the grievance procedure shall be conducted during regular working hours on County premises and sha ll be considered time worked. At a grievance meeting, in addition to the affected employee, up to two (2) persons representing FOPPO including steward(s), local officers, or other FOPPO representative(s) may attend. Stewards and first- leve l managers are encouraged to resolve problems before the problem becomes a grievance.

Section 3. Time Limits.

All time limits provided under this Article shall be measured on the basis of receipt during normal bus iness hours of the Co unty. All time limits may be extended by mutual consent of the parties.

Section 4. Union Communication.

The County shall provide reasonable bu I let in board space for the use of FOP PO in communicating with employees. FOPPO sha ll limit its posting of notices and bulletins to such boards.

Section 5. Attendance at Union Functions.

Any employee may use vacation, accrued compensatory time off or unpaid leave to attend a FOPPO function such as General Council, Annual Stewards' Conference, stewards training, etc., provided the employee has requested time off to attend the event in accordance with Article 8 - Vacation . An employee who se lects unpaid leave to attend a FOPPO function, other than General Council, shall be responsible for all fringe benefit costs prorated as the result of unpaid leave. Employees who select unpaid leave to attend General Council shall have such time treated as time worked for fringe benefit purposes.

Section 6. Negotiations.

The time for collective bargaining activities shall be mutually agreed upon by the County and the union. The County shall be notified by the union in advance of negotiations regarding the names of designated bargaining representatives. Collective bargaining activities shall be held during day shift hours (8:00 a.m. -5:00 p.m.), on County premises and without loss of pay to authorized participating employees for up to sixty aggregate hours, unless otherwise mutually agreed upon by the parties. No more than three members of the team are considered on-duty for the time spent bargaining. Employees shall flex their schedule if the participation in bargaining puts them over 80 hours in a pay period.

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Section 7. Repri sa ls.

There shall be 110 reprisa l. coercion. intimidation, disparate treatment or discrimination agai nst any FOPPO steward. officer. or bargaining tea m member for the conduct of contract administration. grievance hand ling, contract negotiations, new employee ori entations, labor management committee meetings or any other funct ion related to collective barga ining.

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ARTICLE 21 -SETTLEMENT OF DISPUTES

Section I. G ri evance Procedure.

Any grievance o r dis pute w hich may ar ise between the parties with regard to the app lication, mea ning, or interpretat ion of a specific provis ion of this agreement shall be sett led in th e fo llowing manner:

Step I !fan e mployee has a grievance. he/she shall file a written grievance wi th the emp loyee's immed iate supe rvisor or department director if the e mployee's im mediate supervisor is a lso the clepa1iment director. The employee. if he/sh e desires, may be assis ted by FOP PO. Any such grievance s ha ll be presented in the fo ll owing manner at th is step w ithin fifteen ( 15) ca lendar clays of its occurrence, or within fifteen ( 15) ca lenda r days of the clay on wh ic h the employee knew or should have known of the occurrence or shall be deemed waived:

a. A statement outlining the approximate date a nd nature of the a lleged grievance and the person(s) responsib le.

b. The spec ific Article and Section ofthe agreement wh ich the grievant believes to have been violated.

c . The re lief sought.

cl. The s ignature of the employee(s) o r FOPPO representat ive.

Grievances failing to meet the requ irements of Step I sha ll be subj ect to the time limits of this section a nd will not be processed and deemed waived if Step I requirements have not been completed within such time limits. T he immediate supervisor sha ll then attempt to adjust the matter and respond in writ ing to th e employee w ith a copy to FOP PO within fifteen ( I 5) calenda r days. If the grievant's immed iate supe rvisor is a lso the department director, the grievance has not been sett led at Step I, and the employee and FOPPO c hoose to pursue the matter, Step 2 sha ll be inapplicab le and shall be processed as prov ided at Step 3.

Step 2 If the grievance has not been settled between the empl oyee and the immediate supervisor, and the employee and FOPPO choose to pursue the matte r, the request must be in writing and include the reasons the employee and FO PPO disagree with the Step I response and be presented by the empl oyee or FOPPO to the department head w ithin fifteen (15) calendar days afte r the immediate supervisor's respo nse is received. The department head shall respond in w riting within fifteen ( 15) calendar days.

Step 3 If the grievance has not been resolved at Step 2 a nd the grievant and FOP PO choose to continue to pursue the matter, the grievance request must be in writing a nd include the reasons the em ployee a nd FOPPO disagree with the Step 2 response, and be presented by the employee or FO PPO to the County Administrator within fifteen ( 15) calendar clays after the Department head's response is received. A date must be selected for a meeting w ith the County Adm inis trator, or designee, w ithin fifteen (15) ca lendar days. The actual meeting must occur w ithin forty-five (45) calendar days of the request unless another date is mutually agreed upon by FOPPO a nd the Co unty. T he County Administrator sha ll have thirty (30) calendar days after the c los ing of the hearing to reach his/her conclusion and respond in writing to the grievant and FOPPO. If accepted by the grievant, the conclus ion of the County Administrator shall be fina l a nd binding.

Step 4 If the decision of the County Administrator is not accepted, FOP PO may submit the matter to binding arbitration w ithin thirty (30) calendar days from the date of the decision by the County

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Administrator. FOPPO must, within said thirty (30) ca lendar clays. request arbitration in writing. with a copy to the Employmen t Relations Board requesting a panel of nine (9) Oregon and Washington arbitrators. Non-economic discipline shall not proceed to arbi tration. Both the Cou nty and FOPPO shall have the right to strike four (4) names from the panel. The parties shall determine by coin flip who shall strike the first name: the other party shall then strike one ( I) name. The process wi II be repeated, and the remaining person shall be the arbitrator. The parties will contact the se lected arbitrator within seven (7) ca lendar clays to notify the arbitrator of his/her selection and schedu le a hearing at the earliest mutually convenient date.

The power of the arbitrator shall be limited to interpreting this agreement, determining if any provis ion of it has been violated and reso lving the gri evance within the terms of this agreement. The decision of the arbitrator shall be binding on both parties. Costs of the arbitrator shall be borne equally by both parties. Each party shall be responsible for the costs of its own representatives and witnesses at arbitration. Unless waived by mutual consent of the parties, an arbitrator shall have no juriscl iction to consider the merits of a grievance if the arbitrator finds that the matter is not timely unde r this procedure.

Section 2. Self Representation.

Nothing in this Article shall preclude an employee from representing himse lf/herse lf at Steps I, 2 and 3 of the grievance procedure, provided that FOPPO is not ified by the affected employee that a grievance has been filed and the time and place of all meetings. A matter shall be submitted to arbitration only by FOP PO, and individual employees shall have no right unde r th is agreement to proceed independently to arbitration if FOPPO has made a determination that the claim involved is without merit, or have not elected to pursue the matter to Step 4.

Section 3. Time Limits.

All time limits provided under this Article shall be measured on the basis of receipt during normal business hours of the County. Failure by FOPPO to comply with a time limit shall constitute waiver of the grievance. Failure by the County to comply with a time limit shall move the grievance to the next step. All time limits may be extended by mutual consent of the parties.

Section 4. Discrimination.

No person shall be discriminated against or disciplined by either the County or FOPPO, or by anyone acting on their behalf, by reason of their participation in the grievance proced ure or in an arbitration proceeding.

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ARTICLE 22 - CLASSIFICATION REVIEW

Section I. Cou nt y to Establish Job C lassi fi cations.

The County wi 11 estab li sh job c lass ifi cat ions and wil I prescribe job content for such c Jassi ficat ions. Employees will be class ified fo r pay purposes in accordance with th e job ass igned.

Section 2. Negoti at ion of Pay Rate.

Wheneve r a substantial change in job classification or a new job c lass ification is instituted by the Cou nty, it is agreed that the County will set th e rate for such job and will notify FOPPO. FOPPO, if it desires to negotiate a rate which is different than has been spec ified by the County, will notify the County within ten ( I 0) working days of its desire to meet and discuss the matter. In such event, the parties agree to meet within ten ( I 0) working days of the notification for that purpose. Any mutually agreed extension of time must be in writing. The County's final decis ion shall not be subject to the Article 2 1 grievance procedure.

Secti on 3. Reclassificati on Procedure.

Where FOPPO can establish that there has been a substantial change in j ob content, as opposed to work load, FOP PO may req uest rec lassification of a position by submitting a written explanation fo r the proposed reclassification to the County Administrator's office. The County Administrator's office shall review the merits of the req uest. Within fifteen ( 15) working days after receipt of the rec lassification request, the administrator's office shall notify FOP PO of the County's position. If the County Administrator's office disagrees with the request, FOP PO shal I have fifteen ( 15) working days to present further arguments in support of the req uest. Any mutually agreed to extension of the time must be in writing.

Section 4. Pav Rate fo r Reclassified Employees.

An employee who is rec lassified shall be placed at the next higher step in the salary range or the first step of the new sa la ry range, whichever is higher. The date of reclassification sha ll become the employee's anniversary date. In the case of downward and lateral rec lassification, salary step and ann iversary date will rema in uncha nged.

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ARTICLE 23 - HEAL TH AND SAFETY

Section I. Health and Safety Committees and Laws.

The Cou11ty and FOPPO agree to 111ai11tai11 safety committees i11 accorda11ce with the rules and regulatio11s of OR-OSHA, the Oregon Safe Employment Act (OSEA) or its legal successor. and Oregon Ad111 i11istrative Rules, adopted thereto. These safety commi ttees are to bring workers and management together in a no11-adversarial, cooperative effort to promote safety and health in each work-site. FOPPO will have one representative assigned to the Workplace Safety Comm ittee at the Community Justice office on West Main Street.

Section 2. Threats to Employee Hea lth and Safety.

Employees who believe that a particu lar piece of equipment or work place condition poses an immediate threat to any employee's hea lth or safety sha ll be ob ligated to report the equipment and perceived threat to a supervisor immediately. The County will investigate such report promptly a11d the employee sha ll not be obligated to operate the equ ipment or be exposed to the work place condition until it is determined by the County that the eq uipment or condition in question does not pose a11 immediate threat to health or safety.

Section 3 . Communicable Disease.

If, i11 the conduct of official duties, the employee is occupationa lly exposed to blood borne pathogens and/or tuberculosis wh ich would require immunization or testing pursuant to OR-OSHA regulations, the employee shall be provided immunization against or testing for such occupational exposure without cost to the employee at a County approved provider. Required immun ization or testing may be conducted on duty, consistent with the County's operational needs. The County wi ll also provide annual HIV testing at a County approved provider.

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ARTICLE 24 - SAVINGS CLAUSE AND FUNDING

Sect ion I. Savings Clause.

Should any article, section, or portion of this agreement be held unlawfu l and unenforceable by any court of competent jurisdiction. such decis ion of the court sha 11 apply on ly to the specific article. sect ion, or port ion thereof, directly spec ified in the dec ision: upon the issuan ce of such a decision, the parties sha ll immed iate ly attempt to negotiate a substitute fo r the in va lidated a11icle, section or portion.

Secti on 2. Funding.

The parties recognize that revenue needed to fund the wages and benefits provided by the agreement is subject to establ ished annual budget procedures and in certain circumstances by vote of the c itizens of the Co unty. The wages and benefits provided herein may not be cut unilatera lly, but the parties recognize that, if there are insuffi cient funds to maintain the leve l of wages and benefits provided here in, the parties will meet and confer on that subject on request of e ither party. The County cannot and does not guarantee any leve l of employment in the bargaining unit covered by th is agreement. The County makes no guarantee as to passage of budget req uests, voter approval thereof, or necessary sources of revenue.

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ARTICLE 25- EDUCATION, TRAINING AND DEVELOPMENT

Section I. Time for Educati on Pro!.!rams.

If an employee requests to attend educational courses whic h are directly related to an employee's employmen t and whi ch are only offered during regular working hou rs, time off fo r such courses may be approved by the department director provided the time off can be conveniently arranged.

Section 2. Tuition Payment.

The Co unty shall pay incurred tuition/registration and allowable travel, per diem. salary. benefits and all other necessary costs when the County directs employees to attend training, lectures, conferences or convent ions. Training opportu nities and out-of-state travel shall not be arbitrarily denied.

Section 3. Temporary Training Assignment.

A temporary assign ment which is designated in advance as a training assignment, and agreed to as such between the employee and the County, shall not be subject to o ut-of-class pay. Such training time shall not exceed a maximum of thirty (30) days or two hundred forty hours (240) for such assignm ent unless extended by mutual consent of the employee and the County. Training assignments and any evaluation of employee performance in connection therewith shall be documented in the employee's personnel file. Employees will be provided with a copy of any written eva luation. Employees interested in future training ass ignments will notify their supervisor in writing of such interest.

Section 4. General Educational Oppo1tunities.

The Co unty and FOP PO recognize the impo1tance of continuing education. All employees are encouraged to further their education to every extent possible. When educational opportunities become available, the County shall notify all affected employees, and they shall have an oppo1tunity to express their interest.

Section 5. Professional Certification. Licensing or Registration.

If professional certification, licens ing, or registration is required as part of the job description, the County will provide the necessary training, or will allow time off during working hours to attend necessary courses for maintenance/renewal thereof The costs required for such courses shall be reimbursed under Section 2 of this Article. Location, cost and scheduling shall be subject to supervisor approval.

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ARTICLE 26- POLICIES

Copies of written County policies shall be furni shed to FOP PO at the time they are iss ued.

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ARTICLE 27 - JOINT LABOR-MANAGEMENT COMMITTEE

The Directo r or his/her designee(s) and the FOPPO cles ignee(s) shall 111eet at tim es mutually agreed upon to disc uss areas of mutual concern. Reasonable e fforts sha ll be made to reach reso lution of the concerns.

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ARTICLE 28 - SUBCONTRACTING OF SERVICES

FOPPO recognizes the County's right to subcontract services. It is the County's intent ion to compete for cost effective de I ivery of services with the private sector, the non-profit sector and other governmental entities.

Shou Id the County determine that subcontracting a particu Jar service might be appropriate and may cause the displacement of bargaining unit employees, the Cou nty wi ll so notify FOP PO.

Prior to subcontracting services, the County and FOPPO wil l work together to develop in -house costs to provide the services. The in-house cost to deliver particular services considered for subcontracting sha ll be used to form the in-house "bid" or quote packages, as determined by the applicab le Local Contract Review Board (LCRB) process. Should FOPPO desire to bid on a particular service it shall do so in conjunction with the County based on any requirements, inc ludi ng time lines, issued by the County that wou ld apply to any other bidder. The County wi ll then ask for bids, proposals, or quotes depending on the service to be considered for subcontracting. Upon proposal review or bid open ing, the Co unty shall, in accordance with County policy, determ ine the lowest cost/best va lue bid, proposal, or quote and shall continue to provide the service through the County or issue a contract depending on the resu Its of the bid process .

Employees who are displaced as the result of contracting out County services will be treated as employees subject to layoff under Article 12 unless employees in the bargaining unit are transferred and accepted in accordance with the Public Employees Transfer Law.

Nothing in this Agreement shall require the County to continue to deliver any particu lar service. The County and FOPPO recognize the pursuit of cost effective service delivery is continual and nothing in thi s Agreement shall prevent the County from continuously and informally seeking information regarding others' costs to deliver County services.

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ARTICLE 29 - SCOPE OF AGREEMENT

FOPPO and the County acknowledge that they have had the opportun ity to present and discuss proposals on any matter which is or may be subject to negotiation. Accord ingly. this document const itutes the so le and complete agreement between FOPPO and the County and it embodies all the terms and conditions concernin g the employment of employees in the barga ining unit.

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ARTICLE 30 - NEW EMPLOYEE ORIENTATION INFORMATION

FOPPO sha ll be gra nted reasonable time at new Em ployee Orientations fo r a representative of FOPPO to make a prese ntation 0 11 behalf of FOP PO fo r the purpose of iden tifying the organization's representation status, orga nizational benefits. facilities, and re lated in fo rmation.

FOP PO may provide up to three pages of information pertaining to mem bership, benefit s. etc .. to be included with in fo rm ation provided by the County to new em ployees as long as the County continues to provide new employees with in fo rmation. FOPPO shall be responsible fo r providing sufficient cop ies of in formation.

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ARTICLE 31 - CASELOAD MANAGEMENT

If caseload maximums exceed by more than ten percent (10%) the average caseloads of Deschutes, Lane and Douglas counties over a three (3) month period, the parties agree to meet and confer regarding caseload management.

UNION:

Federation of Oregon Parole & Probation Officers, Jackson County Chapter

By ~C;2 Title _..J..§>___.._e_._r_.,_....e_P_r-_e~5...:..; ~;:__=.-=--'----

Date __ q::...i./--=-z....:...</_/._f'------------

COUNTY:

By OANNY JORDAN

~-:!!.l!J,~~~'!.k~=-_:__C:::.:o:.:uw.=· ~y~· Ad!rtiltistrator

Title

<J~ . (offo lL 'UL - Ftes1devi

By

Date --+-q-_x....J___,_l/___,· - /'--+q __ _

46

JACKSON COUNTY 0 I( ~Q,r

Title

Sernor Deputy Parole and Probation Officer

Class Code

201

ATTACHMENT A - SALARY SCHEDULE

Federation of Oregon Paro le ;ind Probation Officers (FOPPO)

Salary Schedu le July 8 , 2019 - 3.5% Increase

Rate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

(1 Year) (1 Year) (1 Year) (1 Year) (1 Year) (1 Year) Hour 25.69 26.89 ?8.14 ?9 44 J0.83 )2.25 Month 4,453 4,661 4.S78 5.103 5.344 S,590 Annual 53.435 55.931 58.531 61 )35 6-1.126 67.080

47

Step 7 Step 8 Step 9 (1 Year) (1 Year)

33.87 35.23 36.63 5 ,87 1 6 ,107 6.349

70.450 73.278 76. 190

COLLECTIVE BARGAINING AGREEMENT BETWEEN JACKSON …

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