Employee Association Contract

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Contents

Preamble

Both parties recognize that it is to their mutual advantage and for the protection of the public to have efficient and uninterrupted operation of the BSC’s business. This Agreement is for the purpose of establishing such harmonious and constructive relationships between the parties that such results will be possible.

Section 1. Nature of Agreement

It is mutually agreed that it is the sole right of management to manage the BSC and to direct the working forces, subject only to the conditions expressly set forth herein.

A. The BSC recognizes the Employee Association as the bargaining agent for all BSC employees except those explicitly excluded under Section 2 of this contract. Accordingly, the terms and conditions expressed in this agreement are explicitly recognized as forming a binding contract between the BSC and the Employee Association.
B. If any part of this contract is declared/rendered invalid by existing or future legislation, the invalidation of the part shall not invalidate the whole, and the other parts shall remain in effect. The Employees Association and the BSC agree that the contract may be reopened by either party upon 30 days written notice for negotiations over the invalidated part(s).
C. This contract shall run from May 16, 2013 through December 31, 2015.
D. Each new employee of the EA must be given a copy of this Employee Contract by the BSC.
E. For the duration of this agreement, the BSC will not attempt to remove any employee from the Employee Association.

Section 2. Definitions and Classifications of Positions

A. The BSC hereby recognizes the Employee Association as the sole exclusive bargaining agent for the purposes of bargaining for wages, hours, and working conditions of full-time and part-time employees, excluding the following:
The Executive Director
The Operations Manager
The Accountant or Financial Manager
The Central Maintenance Supervisor
B. Also excluded are: consultants, temporary employees, and employees in positions for which only current BSC members are eligible.
C. Full-time employees are employees whose job description authorizes 28 hours per week or more.
D. Part-time employees are employees whose job description authorizes less than 28 hours per week.

Section 3. Pay

A. Starting salaries and wages shall be set by the Board of Directors based on the following factors: kind of work and level of responsibility, salaries or wages paid in private industry, in the BSC, non-profits, and public agencies, cost of living, promotion opportunities, and working conditions. The relative rankings of wage ranges as of the beginning of the current contact term shall be included in the Appendix.
B. New employees are normally paid the minimum rate for the position. Employment below or up to 41% above the minimum of the salary range may be allowed under unusual circumstances at the discretion of the appropriate manager, with the approval of the Cabinet.
C. Employees are hired to perform duties as assigned in their job description at a specified wage. In the interest of efficiency, economy, providing service to the members and/or employee job satisfaction, the immediate supervisor may temporarily alter the employee’s duties. However, re-classifications of positions shall be made in accordance with the provisions of Section 23. Any long term changes in duties (in excess of one semester) or any changes in salary must be approved in advance by the Human Resources Committee and the Board of Directors. Retroactive pay increases will be disallowed.
D. Salaries of employees shall be paid every two weeks and shall be accompanied by a statement of gross wages and all deductions from wages.
E. Hours of Work:
1. Non-exempt employees are expected to work 8 hours a day, Monday through Friday, (with breaks as allowed in this contract and in accordance with applicable State and Federal law), except in the case of holidays, or other leave as approved by the appropriate manager. Overtime will be paid in accordance with all applicable State and Federal law.
2. Exempt employees can work an alternative work schedule to help provide quality services to our members. Subject to the approval of the employee’s actual work schedule by the Executive Director, the following alternative work schedule is acceptable:
i. Four ten-hour work days and one day off in a single work week of five work days.
3. Employees working at the overtime rate without prior approval of the overtime by their supervisor will still receive overtime pay as determined above, but may be subject to disciplinary action for failing to seek prior approval of overtime in non-emergency situations.
4. Hours worked in a given day with respect to breaks will be calculated in accordance with California State law.
F. The actual work schedules shall be set at the discretion of the Executive Director after discussion with the employee and his or her immediate Supervisor.
G. Incentive pay shall be at the discretion of the appropriate managers, subject to the following guidelines:
1. Each employee’s job performance shall be reviewed by the managers and immediate supervisor during the month of December and other times as appropriate.
2. All employees shall be considered for a raise of between 0 and 5 percent at least once per year based on these reviews. Employees are eligible to receive a raise of up to 5% each year.
3. Under no circumstances shall an employee’s wage exceed forty one (41) percent above the starting wage for their position.
4. The BSC will at no time consider reducing an employee’s salary or wage unless a major change of job duties warrants it.
5. Employees may be considered for and awarded merit increases and bonuses at any time during the contract period (not just upon being reviewed).
6. Employees need not wait until after one year of service or after one year of promotion to be awarded merit increases and bonuses.
7. Merit bonuses are designed to recognize exceptional performance in specific areas and accomplishments. As such, bonuses are to be treated independently from merit raises. All employees are eligible to receive bonuses at any time. Employees are not restricted in the number or amount of merit bonuses they may receive in one year.

Section 4. Cost of Living Adjustment

A. Index — The Bay Area Consumer Price Index for Urban Wage Earners and Clerical Workers shall be the sole basis for cost-of-living adjustments.
B. Adjustment — On June 1 of each year, all employees shall receive an adjustment to their hourly wage or salary equal to the change in the index calculated for the preceding year, based on the preceding March’s figures. The adjustment made in any year shall not exceed ten percent. In no case shall the adjustment be negative.

Section 5. Holidays

A. The administrative holiday schedule of the University of California shall be followed for full-time and part-time employees. Employees will receive holiday pay based on their predetermined average scheduled daily hours.
B. Full-time and part-time employees will receive one personal holiday per calendar year in addition to those already specified above. An employee in her/his first calendar year of employment shall receive a personal holiday pro-rated from the month in which s/he was hired.
C. The observance of special religious holidays may be permitted by the Executive Director. Time off is charged to accumulated vacation leave.

Section 6. Vacations

A. Vacation hours are accrued only on straight-time hours actually worked or paid (holidays, vacations, paid sick leave, and bereavement) up to a maximum of 40 such hours per week. Employees shall not accrue vacation hours for unpaid sick leave or unpaid leaves of absence, whether excused or unexcused, unless otherwise required by law, regulation, or ordinance.
B. Vacation leave with pay accrues for employees working full-time as follows:
1. At the rate of 4.5 hours per two week pay period for employees during their first through fifth year of service.
2. At the rate of 5.5 hours per two week pay period for employees during their sixth through tenth year of service.
3. At the rate of 6.5 hours per two week pay period for employees during their eleventh through fifteenth year of service.
4. At the rate of 7.5 hours per two week pay period for employees during and after sixteenth year of service.
5. Employees working less than full-time shall accrue vacation leave at a proportional rate.
C. In addition to the regular vacation benefits set forth immediately above, an extra 5 days of vacation shall be granted to employees after every five years of service. These extra vacation days shall be granted once per five years and must either be taken within two years after they are earned or cashed out.
D. At no time may an employee accumulate more unused vacation days than those that were earned in the previous two years. When this limit is reached, the employee shall cease earning vacation time until such time as the employee’s accumulation drops back below these limits. Exceptions may be made by the Executive Director under circumstances deemed appropriate.
E. Employees’ vacations shall be scheduled with the approval of the Executive Director. Preference shall be given to senior employees. Vacations may not be taken before they are earned.
F. All employees who leave the BSC will be paid for any accrued unpaid vacation hours.

Section 7. Sick Leave

A. Sick leave with pay accrues at the rate of 3.75 hours per two week pay period for full-time employees. Sick leave accumulates proportionally for part-time employees.
B. Sick leave may not be taken before it is earned. Accumulated sick leave shall be limited according to the following schedule:
Employees who have worked zero to five years – twenty-four days
Employees who have worked six to ten years – thirty-six days
Employees who have worked more than ten years – forty-eight days
C. The above accumulated sick leave caps are for full-time employees only. Part-time employee’s sick leave caps shall be calculated proportional to their scheduled weekly hours.
D. When these limits are reached, the employee shall cease earning sick leave time until such time as the employee’s accumulation drops back below these limits.
E. Sick leave is granted only when an employee is unable to render service because of sickness or disability, including doctor’s appointment, dental care, or quarantine. Sick Leave hours totaling up to four days per calendar year may be taken for personal (e.g. mental health) reasons. None of these hours may be taken while on, or in conjunction with vacation time.
F. Time off due to death or serious illness in the immediate family is subject to the same provisions governing personal illness.
G. In the event of the death in the immediate family as defined by applicable state and federal laws, full-time and part-time employees will receive up to five days paid time off to handle the necessary details and attend the funeral. This provision expressly includes domestic partners and same sex couples.
H. Sick leave may be granted to employees who become ill while on vacation based on the circumstances.
I. For sick leave of three or more consecutive days, medical verification of illness may be required by the Executive Director.

Section 8. Health Benefits

A. All full-time employees shall be eligible to participate in the BSC’s group health insurance program. The BSC shall pay 100% of the health insurance premium for the employee’s coverage under the plan offered by the BSC. The BSC shall pay the health insurance premium for the employee’s dependents under the plan offered by the BSC according to the following schedule:
1. During the first year of this agreement, the BSC shall pay 90% of the health insurance premium for the employee’s dependents.
2. During the remainder of this agreement, the BSC shall pay 80% of the health insurance premium for the employee’s dependents.
B. The BSC shall offer one health insurance plan and may, at its sole discretion, offer additional plans. However, should the BSC offer any additional plans, the BSC shall only cover employee’s and dependent’s premium expenses, as outlined above, up to the cost of the least expensive plan. Employees opting to use more expensive plans must “buy-up” to these plans and pay the difference in premium expenses.
C. The BSC shall continue to offer the same group health insurance program in effect as of May 1, 2013 ("Existing Insurance"). However, if the Existing Insurance is no longer offered by the provider or the cost of Existing Insurance increases by more than 30% per covered person in one plan year as compared to the immediately previous plan year, the BSC shall provide insurance ("New Insurance") with comparable coverages, limits and deductibles and, at a minimum, the following services: vision, hearing, inpatient and outpatient mental health and psychiatric care, urgent care, office visits, maternity, emergency care, inpatient and outpatient surgery, skilled nursing, physical therapy, home health, chemical dependency inpatient and outpatient care, baby care, laboratory services, x-ray services, ambulance ride coverage, and prescription drug coverage. If the BSC is unable to find New Insurance within 130% of the cost of the Existing Insurance in the immediately previous plan year, the BSC may reopen this clause for negotiations with the Employee Association.
D. The BSC shall provide a Health Reimbursement Account to help cover deductible eligible health-related expenses. Reimbursements shall be handled as follows:
1. The first $500 of deductible eligible expenses shall be paid by the employee.
2. The remaining balance of deductible eligible expenses shall be paid by the BSC.
3. The above payment schedule shall apply to each individual covered under the BSC’s health plan.
4. Under no circumstance shall the BSC reimburse for expenses not subject to the deductible. Furthermore, the BSC shall not reimburse for services not covered by the plan or for out of network charges, unless such expenses are recognized as a true emergency by the insurance carrier.
E. All full-time employees shall be eligible to participate in the BSC’s group dental insurance program. The BSC shall pay 100% of the dental insurance premium for the employee’s coverage under the plan offered by the BSC. The BSC shall pay the dental insurance premium for the employee’s dependents under the plan offered by the BSC according to the following schedule:
1. During the first year of this agreement, the BSC shall pay 90% of the dental insurance premium for the employee’s dependents.
2. During the remainder of this agreement, the BSC shall pay 80% of the dental insurance premium for the employee’s dependents.
F. As used in this and other sections, ‘spouse’ shall include any partner to whom the employee is legally married, or any domestic partner coverable by our insurance provider.
G. In the event the BSC’s offered health and dental plans is unwilling to provide insurance coverage for an employee, and employee’s spouse, or the employee’s children; the BSC shall be under no obligation to provide such coverage. However, if the employee is independently able to secure such coverage; the BSC will reimburse the employee the cost of the employee’s plan(s), (up to the cost of the least expensive of the corresponding plan offered by the BSC).
H. If an employee is already covered by a health and/or dental insurance plan similar to the BSC’s offered health or dental plan, the employee shall be given the option of having the BSC reimburse the employee the cost of the employee’s plan (up to the cost of the least expensive corresponding plan offered by the BSC), or the employee may drop their pre-existing plan(s) and join the BSC’s offered health and/or dental plan.

Section 9. Compassion Leave

A. A catastrophic illness is defined as the serious and incapacitating medical condition of an employee, or that of a family member requiring the employee’s care, which would result in a loss of income due to the employee having exhausted all of his/her accrued vacation and sick leave.
B. In the case of a catastrophic illness (as defined above) a full-time employee may:
1. Incur up to 4 weeks of “negative” sick/vacation leave with the approval of the Executive Director.
2. After incurring 4 weeks of “negative” sick/vacation leave, be eligible for BSC paid leave up to 4 additional weeks with the approval of Cabinet and then Board.
3. After incurring 4 weeks of “negative” sick/vacation leave, and receiving 4 weeks of paid leave, be eligible for BSC paid leave up to 4 additional weeks with the approval of Cabinet and then Board.

Section 10. Other Benefits

A. Life Insurance

The BSC pays the premium for a $100,000 life insurance policy to full-time employees, subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin coverage the first day of the month, following 90 days of employment.

B. Long Term Disability Insurance

The BSC pays the premium for a long-term disability (LTD) benefit plan to help full-time employees cope with an illness or injury that results in a long-term absence from employment. LTD is designed to ensure a continuing income for employees who are disabled and unable to work. The LTD plan offered during the term of this contract will provide the same or similar coverage as the plan offered in 2012.

Section 11. Worker’s Compensation and Disability Insurance

When an employee’s absence is covered by the Workers’ Compensation Act or State Disability Insurance, the employee may be paid, upon the employee’s request, the difference between the disability payments and his/her normal wages, with the amount of that difference being charged to accumulated sick leave or vacation leave.

Section 12. Jury Duty and Voting Rights

Necessary time off with pay, less compensation from the government, shall be provided for employees for voting and jury duty. Such time off with pay shall be based upon the employee’s regularly scheduled work day(s). Pay is not to be reduced, nor is time to be deducted from sick or vacation leave.

Section 13. Military Duty

All rights afforded to employees and all obligations of employers under USERRA and all other applicable statutes are acknowledged.

Section 14. Meals for Employees

A. For the first eighteen months of this agreement, employees who work 5 hours or more in a workday are entitled to 1 uninterrupted paid meal period of 30 minutes.
B. For the remainder of this agreement, employees who work 5 hours or more in a workday are entitled to 1 uninterrupted unpaid meal period of 60 minutes.
C. Employees who work more than 5 hours but less than 6 hours may voluntarily waive the unpaid meal period. The employee’s waiver must be in writing.
D. Meal periods (whether paid or unpaid) shall not be counted as hours worked in calculating overtime.
E. In order to qualify for a paid lunch break, employees must work at least five hours. In addition, the meal break must occur within the working period, and not at the beginning or end of the work period.

Section 15. Leave Reports

The payroll records shall include a report of all vacations, absences and overtime. Accrued vacation and sick leave absences for exempt employees shall be calculated to the nearest day. Vacation and sick leave absences for non-exempt employees shall be calculated to the nearest quarter hour.

Section 16. Leaves of Absence without Pay

A. General Provisions
1. Employees are required to give thirty-days notice of their intent to take a leave of absence, unless circumstances make it impossible to do so.
2. Upon return to work following unpaid leave, the employee shall be reinstated to the same or equivalent position held by the employee at the commencement of the leave, provided the employee is qualified to perform the work and the job has not been otherwise eliminated for a bona fide reason. Upon expiration of a leave of absence, if a position is no longer available, the employee may apply for positions for which he/she is qualified.
3. Employees must submit written leave requests for all types of leave and medical certification for medical leave. All leave requests shall be approved in writing by the Executive Director.
4. Any employee who does not return to work from a leave of absence in accordance with the terms of the leave may have their employment terminated.
5. Employees may elect to use vacation time during any leave of absence. Sick leave may only be taken during family and medical and work-related disability leaves.
6. Seniority and benefits will accrue during any period that paid leave is used, but will not accrue during any unpaid leave of absence.
B. Family and Medical Leave
1. Employees shall be granted, upon request, a leave of absence for up to six months in any twelve-month period and shall be eligible for Family Medical Leave (FMLA) and leave pursuant to the California Family Rights Act (CFRA) and/or for leave pursuant to the California Pregnancy Disability Act. The BSC agrees to provide such leaves in accordance with state and federal law.
2. The BSC provides family and medical leaves of absence without pay to eligible employees who wish to take time off from work duties for the following reasons:
a. Pregnancy disability leave for employees who are temporarily unable to work due to a disability related to pregnancy, childbirth, or related medical conditions;
b. The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”);
c. To care for an immediate family member (spouse, registered domestic partner, child, or parent with a serious health condition (“Family Care Leave”);
d. An employee’s inability to work because of a serious health condition (“Serious Health Condition Leave”);
e. A “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s active duty or call to active duty in a foreign country as a member of the military reserves, National Guard or Armed Forces (“Military Emergency Leave”); or
f. To care for a spouse, child, parent or next of kin (nearest blood relative) who is (a) an Armed Forces member (including the military reserves and National Guard) undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list—with a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties; or (b) a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval, or Air Service, and who was discharged or released there from under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs) and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran (“Military Caregiver Leave”).
3. A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.
4. Medical benefits as provided in Section 8 shall remain in force for up to six months during any leave of absence approved under Section 16.B.
C. Work Related Disability Leave

Leaves dues to industrial illness or injury shall be granted and applied consistent with applicable laws governing workers compensation.

D. Military Leave

Military leaves of absence shall be granted to eligible employees who are absent from employment in order to perform duty, on either a voluntary or involuntary basis, in the uniformed services of the United States. Eligibility for military leave, and all other rights and obligations in connection with such leave, shall be in accordance with state and federal laws.

E. Personal Leave
i. The BSC shall grant personal unpaid leave only in unusual situations, with the prior written approval of the Executive Director. Requests for personal leave will be evaluated based on a number of factors, including anticipated work load requirements and staffing considerations during the proposed period of absence.
ii. The leave will be unpaid. Employees must use any available vacation time prior to the commencement of personal unpaid leave.
iii. Seniority and benefit accruals, such as vacation, sick leave, and holidays, will be suspended during personal unpaid leave and will resume upon return to active employment.
iv. For leaves of longer than three weeks and subject to the BSC’s group health and dental plans, the BSC shall provide health insurance benefits until the end of the month in which the approved personal unpaid leave begins. When a full-time employee returns from personal unpaid leave, health benefits will again be provided by the BSC according to the applicable plans.

Section 17. Trial Employment Period

The probationary period for employees upon original hire shall be up to one hundred and eighty (180) days from the original date of hire of the position. During such period, the employee may be discharged without recourse to the grievance procedure. The manager or superior has no authority to dismiss an employee. The manager or superior must prepare a written recommendation to the Executive Director to dismiss said employee. After said employee completes the probationary period, dismissal shall follow the grievance procedure.

Section 18. Dismissal and Discipline

A. Employee Dismissal and Discipline
1. All employees shall be given two week’s notice of the decision to dismiss them or two week’s salary in lieu of notification.
2. Full-time and part-time employees may be dismissed in the following manner:
a. As a matter of policy the BSC recognizes that there are two general components which must be considered in evaluating personnel: efficiency and competency in the performance of the job, and the ability of the employee to work effectively with the student membership.
b. An employee may be dismissed by the BSC if his/her working relationship with the student membership has so deteriorated as to significantly interfere with job performance or if his or her efficiency and competency in the performance of his or her duties is unsatisfactory. After making every reasonable effort to reconcile the difficulty with the employee, the appropriate Manager or Supervisor may issue a written warning to an employee. The warning shall detail those aspects of job performance which are deemed unsatisfactory.
i. After discussing the warning with the Manager or Supervisor who issued it, the employee may appeal the warning to the Executive Director. The appeal may be based on either or both of the following grounds:
a) The facts as stated in the warning are false.
b) The charges as stated in the warning are not sufficiently important to warrant dismissal.
ii. If the Executive Director agrees with the employee, then the warning shall be withdrawn
c. If the warning is upheld, the employee shall have thirty days from the date of receiving the warning to improve his/her job performance. If, in the judgment of the Manager or Supervisor originally issuing the warning, job performance problems as cited in the original warning have not been corrected, the employee will be dismissed. Dismissal may occur any time thirty to one hundred-eighty days after the receipt of the warning. The dismissal may be appealed to the Executive Director, whose decision shall be final. The dismissal shall not be appealable to the Board of Directors or any of its committees.
3. As a matter of policy the BSC recognizes that there are cases of misconduct so serious in nature that immediate action on the part of the Manager or Supervisor is warranted. While there is no single definition of major offenses, examples of such offenses warranting suspension, dismissal, or other action are delineated below. The examples below are for reference only and both parties recognize that management is empowered to immediately address serious misconduct at their discretion.
4. Disciplinary action by the appropriate Manager or Supervisor may include, but is not limited to, any of the following forms: warning, suspension, or dismissal. Suspensions shall be for no more than five working days without pay. After the first day of suspension the employee may appeal the suspension to the Executive Director.
a. Examples of some, but not necessarily all, offenses which may result in immediate suspension without pay of up to five days with possible subsequent dismissal, are delineated below. At the conclusion of the five day suspension, the Manager or Supervisor shall determine whether or not to dismiss the employee. The dismissal may be appealed to the Executive Director whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC.
i. Intoxication or being under the influence.
ii. Assault
iii. Refusal to work
iv. Theft or fraud
v. Willful destruction of property
vi. Possession of firearms or dangerous weapons on BSC property
vii. Engaging in illegal conduct
viii. Harassment, retaliation and/or creating a hostile work environment
ix. Gross insubordination
x. Gross misconduct
xi. Falsification of time card or other official records
xii. Failure to report to work without notification for a period of three days

xiii. Failure to obtain or maintain a current license or certificate required by law or institutional standards as a condition of employment

xiv. Any act which endangers the safety, health or well-being of another person or which is of sufficient magnitude that the consequences cause disruption of work or gross discredit to the institution
b. Examples of offenses which may result first in a written warning and subsequent progressive discipline include, but are not limited to:
i. Careless, negligent or improper use of property
ii. Unauthorized use of property
iii. Failure to report to work without notification for a period of one or two days
iv. Releasing confidential information without proper authority.
v. Sleeping on the job
vi. The violation of, or failure to comply with, published rules and regulations of the institution
vii. Inefficiency, incompetence, or negligence in the performance of duties
viii. Excessive absence
c. Examples of offenses which may result first in an oral warning and subsequent progressive discipline, include, but are not limited to:
i. Uncivil conduct
ii. Tardiness
iii. Unauthorized absence from the job
iv. Failure to maintain satisfactory and harmonious working relationships with the public or other employees.
v. Failure to maintain time card records
vi. Foul and abusive language
B. Disciplinary action by the appropriate Manager or Supervisor may be appealed to the Executive Director, whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC.
C. Disputes Regarding Suspensions or Dismissals

In the event of a dispute between the BSC and the Employee Association concerning an employee’s suspension or dismissal, the matter shall be addressed per the Board of Adjustment process outlined in Section 21. Notification must be received from the EA to the BSC President within five working days of the employee’s suspension or dismissal.

Section 19. Creation, Alteration and/or Elimination of Positions

A. Creation of Positions
1. Since the principal purpose of the BSC is to provide low cost housing to its members, operation costs of the corporation should be reduced wherever possible without damaging the efficient operation of the corporation.
2. In order to create and maintain a quality cooperative living experience, the BSC will hire professional staff to provide services.
3. Only the Human Resources Committee may recommend to the Board the creation of a new position.
4. Creation of a new position shall be considered only after all other feasible and less costly alternatives have been considered and found unacceptable.
B. Alteration

Alteration of a position shall refer to any change in job duties (for more than one semester), in wages, or in working hours. Alterations to positions may occur as follows:

1. Every 2 years, the Board of Directors will conduct an assessment of its current salary and wage scales, compare them to the current market value of comparable work, and make adjustments to the wage scale as necessary in order to reflect recent changes in external economic conditions.
a. No current employees may have their wages lowered as a result of this biennial review; however, changes to unfilled positions are at the discretion of the Board of Directors.
2. Current employees may only have their wages altered in conjunction with commensurate changes in job duties.
3. Positions shall be altered or eliminated for the following reasons:
a. To increase efficiency in the organization
b. To increase or decrease services to the members
c. To reduce costs to the membership
C. Elimination
1. If a position is altered such that an employee is no longer qualified or able to fulfill the duties of the position or if a position is eliminated:
a. The employee shall be given two week’s notice of the decision or two week’s salary in lieu of notification.
b. The employee shall receive severance pay equivalent to one week’s pay for each year of service.
2. The Board of Directors shall consider elimination after all reasonable alternatives have been excluded.
D. Notice and Review Process
1. Any alteration and/or elimination of position must be discussed during at least one Human Resources Committee meeting and one Board meeting.
2. The Executive Director shall notify the affected employee(s) and the Employee Association President at least two weeks in advance of these discussions.
3. At least one week’s notice must be given to the Board of Directors before the Human Resources Committee may consider the creation of a new position.
4. The Human Resources Committee and the Executive Director shall review the position at an open meeting of the Committee. The Committee shall make a recommendation to the Board of Directors, which will make the final decision.

Section 20. Retirement

The BSC has made available a 403(b) retirement plan, to provide full-time employees the opportunity to save for retirement. In addition, after two years of employment, the BSC will pay into this plan an amount equal to 8% of the employee’s gross salary.

Section 21. Disputes Between the Employee Association and the BSC

A. Disputes regarding the interpretations of this contract shall be submitted to a Board of Adjustment, consisting of two representatives designated by the Employee Association and two representatives designated by the BSC, within five business days. The Board of Adjustment shall meet to consider the dispute not later than 30 days after the submission of the dispute to either the Executive Director of the BSC by the Employee Association President or to the President of the Employee Association by the Executive Director. Representatives designated by the Employee Association and by the BSC shall not be directly connected with the dispute. Such Board of Adjustment shall have the power to make proper adjustment provided that any adjustment does not exceed lost wages and benefits and/or reinstatement. The Board of Adjustments shall not have the power to add to, to subtract from, or to otherwise change any of the terms or provisions of this Contract. Any other adjustment must be taken up at the Human Resources Committee and the Board of Directors. The Board of Adjustment shall have not more than 30 days after its initial meeting to issue a decision or declare itself deadlocked.
B. In the event that a majority of the Board of Adjustment cannot agree, either party may initiate mediation provided by the Federal Mediation and Conciliation Service to help the Board of Adjustment reach an agreement.
C. In the event that a majority of the Board of Adjustment cannot agree, with or without mediation, within thirty days of the Board of Adjustment’s failure to reach a decision, either party may submit the issue in dispute to an impartial arbitrator. If this is not done, the issue in dispute will be dropped. If arbitration is resorted to, an impartial arbitrator shall be selected within five days after either party has indicated its intention to submit the matter to arbitration.
D. In the event that the Board of Adjustment cannot agree upon the selection of an impartial arbitrator within five days, such impartial arbitrator shall be selected by the Board of Adjustment from a list of arbitrators to be supplied by the Federal Mediation and Conciliation Service. If the Board of Adjustment cannot agree, the two sides will take turns striking names from a list of at least five arbitrators provided, with the first strike determined by coin toss. The arbitrator shall not have the power to add to, to subtract from, or to otherwise change any of the terms or provisions of this contract. The decision of the arbitrator shall be final and binding on both parties. The decision of which party shall bear the expense of the arbitrator shall be the decided by the arbitrator. During the period that the matter is before the Board of Adjustment, or is in the course of mediation or arbitration, there shall be no action taken by one party against the other. The Board of Adjustments or arbitrator shall have no authority to negotiate a new Contract or to amend this Contract.

Section 22. Appeals by Employees

Appeals concerning rates of pay, classification of positions, hours of work, and other conditions of employment may be made by the employee to the Personnel Appeals Committee. Appeals concerning disciplinary action may be made to the Executive Director. Any employee has the right to make an appeal without prejudicing his or her employment.

Section 23. Temporary Reclassification of Work Duties and Responsibilities

A. There are occasions when an employee is absent for an extended period and other employees are asked to perform the duties of the absent employee. There are normally three different ways in which the absent employee’s duties and responsibilities are carried out:
1. No one person is assigned a substantial share of both the duties and responsibilities of the absent employee.
2. One person is assigned a substantial share of both the duties and responsibilities of the absent employee. However, s/he requires more supervision or assistance than one would expect of someone permanently assigned to the position after six months in the position.
3. One person is assigned the position and requires no more assistance than one would expect of someone permanently assigned to the position after six months in the position.
B. There are generally two manners in which an employee becomes absent for an extended period of time:
1. Employees who give two weeks or more notice of intended vacations, maternity, or other leave.
a. In the event other employees fill in as defined in A.1. above, there shall be no salary adjustments.
b. In the event one person assumes a significant amount of the duties and responsibilities as defined in A.2. above:
i. S/he shall receive no salary adjustment if the absence is twenty working days or less.
ii. S/he shall receive the average of his/her wage and the starting wage for the assumed position for the entire absence, if the absence is for more than twenty working days.
iii. In no event shall such an employee assuming another position receive a wage increase of less than five percent (5%).
c. In the event one person assumes complete responsibility for the position and assumes all of the duties of the position as defined in A.3. above:
i. S/he shall receive no salary adjustment if the absence is twenty working days or less.
ii. S/he shall receive the starting wage for the assumed position for the entire absence, if the absence is for more than twenty working days.
iii. In no event shall such an employee assuming another position receive a wage increase of less than five percent (5%).
2. Employees departing with less than two week’s notice:
a. Same as B.1.a. above.
b. In the event one person assumes a significant amount of the duties and responsibilities as defined in A.2. above, s/he shall receive the average of his or her wage and the starting wage for the assumed position for the entire absence.
c. In the event one person assumes complete responsibility for the position and assumes all of the duties of the position as defined in A.3. above, s/he shall receive the starting wage for the assumed position for the entire absence.
d. In no event shall such an employee assuming another position receive a wage increase of less than five percent (5%).
C. Any change in wage classification pursuant to Section 23.A. shall be presented to the Human Resources Committee for decision, subject to Board approval. It is anticipated that such approval will be granted only in extraordinary circumstances when a subordinate employee is truly able to fulfill all of the responsibilities of the absent employee in a competent manner. The burden of proof shall be upon the proponents of such a change in wage classification to clearly convince the Human Resources Committee that such a change is justified.

Section 24. Representation on BSC Board of Directors and Committees

A. The Employees shall have the right to seat one voting member on the BSC Board of Directors, with as many votes as employees, up to the number of votes of the smallest co-op house. This representative may be excluded from executive sessions in which negotiation or re-negotiation of the terms of this contract is to be discussed. The Employees shall have the right to seat one voting representative on Summer Board. The summer voting representative shall have one vote.
B. The Employees’ representative on the Board may not vote on issues that are in a conflict of interest. Issues that represent a conflict of interest to the Employees include, but are not limited to:
1. Any issue relating to the Employee Contract
2. Any issue relating to changing the wages and/or benefits of an employee covered by the Employee Contract
3. The hiring of a manager
C. The Employees shall have the right to seat one voting representative on the Human Resources Committee.
D. The Employees shall have the right to seat one voting representative on the Personnel Appeals Committee.
E. Those staff members who have the right to sit as non-voting members of the Hiring Committee cannot be excluded from any of the proceedings of the Hiring Committee.
F. Compensation for Employees’ representatives under A, C and D above shall be paid by and at the discretion of the Employee Association.

Section 25. Strikes

It shall constitute a breach of contract for the Employees to conduct a work stoppage or slowdown while this contract is in force. It shall constitute a breach of contract for the BSC to engage in a lockout while this contract is in force.

Signature

In witness of the covenants expressed herein, we, as representatives of our respective associations, do hereby affirm the intent of both associations to be bound by these covenants by setting out our signatures below and affixing the corporate seal on this, 16th day of May, 2013.

Contract signed by:

BSC President
BSC VP of Internal Affairs
BSC Executive Director
EA President
Two EA Members


[Board approved in 2013]

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