A G R E E M E N T

 

 

                            between

 

 

             CAMDEN REGIONAL LEGAL SERVICES, INC.

 

 

                              and

 

 

               LEGAL SERVICES STAFF ASSOCIATION,

        NATIONAL ORGANIZATION OF LEGAL SERVICES WORKERS

                       U.A.W. LOCAL 2320

 

 

 

 

 

 

 

           January 1, 2000 through December 31, 2001

 

 

 

                         TABLE OF CONTENTS

                AGREEMENT......................................     4

ARTICLE I       RECOGNITION ...................................     5

ARTICLE II      UNION SECURITY ................................     6

ARTICLE III     AFFIRMATIVE ACTION AND NON-DISCRIMINATION .....     8

ARTICLE IV      UNION RIGHTS ..................................     9

ARTICLE V       SALARIES AND WAGES ............................   10

ARTICLE VI      EXPENSE REIMBURSEMENT .........................   12

ARTICLE VII     HOURS OF WORK/COMPENSATORY TIME ...............    14

ARTICLE VIII    HOLIDAYS ......................................    18

ARTICLE IX      LEAVES OF ABSENCE - PAID ......................    19

ARTICLE X       LEAVES OF ABSENCE - UNPAID ....................    23

ARTICLE XI      NEW HIRES AND PROBATION .......................    27

ARTICLE XII     DISCIPLINE AND DISCHARGE ......................    28

ARTICLE XIII    GRIEVANCE PROCEDURE ...........................    29

ARTICLE XIV     JOB SECURITY ..................................    32

ARTICLE XV      RESIGNATION & BENEFITS UPON TERMINATION .......    34

ARTICLE XVI     TRANSFER AND PROMOTION ........................    36

ARTICLE XVII    PERSONNEL FILES ...............................    37

ARTICLE XVIII   WORKING CONDITIONS ............................    40

ARTICLE XIX     TRAINING ......................................    41

ARTICLE XX      PROFESSIONAL DUES AND EXPENSES ................    42

ARTICLE XXI     EMPLOYEE HEALTH AND WELFARE BENEFITS ..........    44

ARTICLE XXII    WORK RULES ....................................    46

ARTICLE XXIII   TEMPORARY EMPLOYEES ..........................     47

(continued)
TABLE OF CONTENTS (cont'd)

ARTICLE XXIV    UNION LEAVE ...................................    48

ARTICLE XXV     LABOR-MANAGEMENT COMMITTEE ....................    49

ARTICLE XXVI    STRIKES OR LOCKOUTS ...........................    50

ARTICLE XXVII   MANAGEMENT RIGHTS .............................    51

ARTICLE XXVIII  NO DEROGATION .................................    52

ARTICLE XXIX    FEDERAL AND STATE LAWS ........................    53

ARTICLE XXX     PROFESSIONAL WORKING CONDITIONS ...............    54

ARTICLE XXXI    PART-TIME EMPLOYEES............................    55

ARTICLE XXXII   SCOPE OF BARGAINING ...........................    56

ARTICLE XXXIII  DURATION OF AGREEMENT .........................    57

ATTACHMENT 1    AUTHORIZATION FOR CHECK-OFF (UNION DUES)

ATTACHMENT 2    SALARY SCALE

 

 

 

 

 

 

                                  

                              AGREEMENT

 

 

     THIS AGREEMENT is entered into this 31^st day of July, 2001, by and between CAMDEN REGIONAL LEGAL SERVICES, INC. (hereinafter called the "Employer") and LEGAL SERVICES STAFF ASSOCIATION OF CAMDEN REGIONAL LEGAL SERVICES, NOLSW, U.A.W. Local 2320 (hereinafter called the "Union"), effective as of January 1, 2000, covering the period from January 1, 2000, to December 31, 2001, with the purpose of promoting harmonious relations between the Union and the Employer.  It is further the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein the basic and full agreement between the parties concerning rates of pay, hours of employment and other conditions of employment.

                           ARTICLE I

 

                          RECOGNITION

 

A.   The Employer hereby recognizes the Union as the sole and exclusive bargaining representative for the professional Employees of the Employer as follows:

 

           All staff attorneys and senior attorneys employed by Camden Regional Legal Services, Inc. at each and every office maintained by the program, but excluding supervisory and managerial Employees as defined under the National Labor Relations Act and Centralized Intake Unit Attorneys employed for less than 18 hours per week.

 

B.   The term "Employee" as used herein shall refer to those persons within the bargaining unit as described above.

 

C.   The term "Staff Attorney" shall include any Employee who has graduated from law school but only as long as the Employee remains eligible to practice under Rule 1:21-3.

 

D.   The term “Senior Attorney” shall include any Employee with recognized experience in a particular specialty area of legal services work.  The Employer may, in its sole discretion, create, fill, refill, or eliminate individual Senior Attorney positions.  In addition to the other responsibilities of a Staff Attorney, Senior Attorneys shall be responsible for some or all of the following tasks:

 

1.               Serve as a resource in the specialty area to other staff;

2.               Assist the Employer in providing training to other staff in     the specialty area;

3.               Participate as co-counsel on major litigation in the specialty   area; and

4.               Prepare resource materials and regular updates in the           specialty area.

 

The Union acknowledges that an employee cannot decline to perform any of the above enumerated tasks because they have not been designated as a “Senior Attorney” by the Employer.  The Union also acknowledges that it has no right to grieve and/or arbitrate any of the Employer’s decisions made in accordance with this provision, except for decisions to remove an individual from a senior attorney position.

 

 

                          ARTICLE II

 

                        UNION SECURITY

 

A.   All Employees on the active payroll of the Employer as of the effective date of this Agreement, who are members of the Union, shall maintain their membership in the Union in good standing as a condition of continued employment.

 

B.   All Employees on the active payroll of the Employer as of the effective date of this Agreement, who are not members of the Union, shall become members of the Union thirty (30) days after the effective date of this Agreement and shall maintain their membership in the Union in good standing as a condition of continued employment.

 

C.   All Employees hired after the effective date of this Agreement shall become members of the Union no later than the thirty-first (31st) day following the beginning of employment and shall maintain their membership thereafter in good standing as a condition of continued employment.

 

D.               For the purposes of this clause, an Employee shall be deemed to be a member in good standing of the Union if said Employee has signed and delivered to the Union and to the Employer a Union-approved dues checkoff form and tenders periodic dues and special assessments, if any, as required by the Union.

 

E.               An Employee who has failed to maintain membership in good standing as set forth in Paragraph D herein, shall, within twenty (20) calendar days following receipt by the Employer of a written demand from the Union requesting a discharge, be discharged:

 

1.   If, during such twenty (20) day period, the required dues and special assessments, if any, have not been tendered; or

2.   If the Employee has failed within the time prescribed by the Union to make proper application for membership and pay the fees, if any, required by the Union.

3.   Employees discharged pursuant to this provision shall not have recourse to the grievance and/or arbitration provisions of this Agreement.

 

 

 

 

 

 

 

(continued)

ARTICLE II (cont'd)

 

F.   Check-Off

 

     1.   Upon receipt of a written authorization from an Employee, in the form annexed to this Agreement as Attachment A, the Employer shall deduct from the Employee's wages each pay period and remit to the Union regular dues as fixed by the Union.

 

     2.   Each month the Employer shall remit to the Union all deductions for dues made from the wages of the Employees together with a list of all Employees from whom dues have been deducted.

 

     3.   The Union agrees that it will indemnify and hold the Employer harmless from any recovery of damages sustained by reason of any action taken under this Article.

 

G.   The Employer shall not engage in individual bargaining with bargaining unit members concerning the terms and conditions of their employment, including salary, wages and hours and other provisions of their employment.

                          ARTICLE III

 

           AFFIRMATIVE ACTION AND NON-DISCRIMINATION

 

 

A.               The Employer shall not discriminate against any Employee on account of age, race, color, creed, religion, national origin, marital status, handicapped status, political affiliation or belief, sex, sexual orientation, membership in the Union, or any other classification protected by law, in hiring, wages, promotions, terminations or any other terms and conditions of employment.  The Union shall not discriminate against any Employee in the workplace on account of age, race, color, creed, religion, national origin, marital status, handicapped status, political affiliation or belief, sex, sexual orientation, membership in the Union, or any other classification protected by law.     

 

B.   The Employer shall actively seek and employ qualified persons, provide equal opportunity in all aspects of employment and administer all personnel policies and procedures in an equitable, non-discriminatory manner.

 

C.   The Employer, as an equal opportunity Employer, shall actively recruit, hire and promote qualified Employees who are female or from minority groups and will in particular emphasize recruitment of minorities represented in the population served by the program.  In order to do this, Employer agrees to observe the principles of affirmative action within the limits allowed by law and such efforts shall be monitored by the Labor-Management Committee described in Article XXV. 

 

D.   The Employer agrees to comply with all relevant and applicable federal laws requiring equal opportunity, including:

 

           1.   Title VI of the Civil Rights Act of 1964,

           2.   Title VII of the Civil Rights Act of 1964,

           3.   The Equal Pay Act of 1963,

           4.   The Age Discrimination in Employment Act,

           5.   The Rehabilitation Act of 1973,

           6.   The Americans with Disabilities Act of 1990, and

           7.   Federal and State Family Leave Acts.

 

E.               The Employer and the Union agree to comply with all relevant and applicable Legal Services Corporation rules and regulations establishing equal opportunity requirements, as well as the CRLS sexual harassment policy, which is incorporated by reference herein.

                          ARTICLE IV

 

                         UNION RIGHTS

 

A.   Subject to Paragraph B, each appropriate Shop Steward or their Designee and all Union Officers shall have reasonable access to the offices of the program to confer with the Employer, Union members and/or Employees for the purpose of administering this Agreement.

 

B.   Each Shop Steward shall be given reasonable opportunity to investigate and otherwise process grievances subject to reasonable delay as required by the needs of the program.  The Shop Steward shall first advise a Designee of the Director before engaging in such activity.

 

C.   The Employer shall provide at least one (1) bulletin board at each office in the program, for the exclusive use of the Union.  These bulletin boards shall be located in a conspicuous place, readily accessible to Employees in the course of their work.

 

D.   The Union may use the Employer's premises for meetings on non-work time except for meetings to plan or continue a strike or other work stoppage.  If the Employer incurs any cost, such as additional rent, as a result of such Union meeting, the Union shall promptly reimburse the Employer for said costs.

 

E.               Each Shop Steward and all Union Officers may use reasonable amounts of regular work hours to meet with the Employer regarding grievances.  In addition, the Union may designate a Negotiations Committee of its members who may use reasonable work hours for contract preparation and negotiations after notification to the Designee of the Director.

 

F.               The Employer shall provide the Union with copies of budgets, monthly summaries of income and expenses, final audits, Board meeting minutes, and listings of board members, with reasonable promptness.

 

 

                           ARTICLE V

 

                      SALARIES AND WAGES

 

 

A.               Annexed hereto as Attachment B are the salary scales for all Employees effective January 1, 2000 and January 1, 2001.

 

B.   Upon employment, Employees' placement on the salary scale will be calculated pursuant to the provisions in this Article.

 

     1.   Employees will be given full credit on the pay scale for prior legal work done in another Legal Services program.

 

     2.   Employees will be given full or partial credit on an ad hoc basis for prior work not done in another Legal Services program.

 

     3.   Employees may be given credit on an ad hoc basis for advanced degrees relating to the specific area for which the Employee is hired.

 

     4.   Employees will not be given credit for law clinical experience or summer work engaged in while attending law school.

 

     5.   Within thirty (30) days of the signing of this Agreement, any current employee may request a review of his or her experience credit for purposes of placement on the salary scale. If the Employer determines, in its sole discretion, that additional experience credit is appropriate, the placement of any affected employee shall be adjusted prospectively from July 1, 2001.

 

C.   Calculation of annual salary increases each January 1 shall be as follows:

 

     1.   For new Employees hired between January 1 and March 31 inclusive, one year of additional experience will be credited on January 1 of the next year.

 

     2.   For new Employees hired between April 1 and September 30 inclusive, one-half year of additional experience will be credited on January 1 of the next year.

 

     3.   For new Employees hired on or after October 1, no additional credit will be added to years of experience on January 1 of the next year.

 

     4.   For all other Employees, one year of additional experience will be credited on January 1 of each subsequent year.

 

 

D.               All current employees, and former employees on the CRLS payroll as of April 1, 2001, shall receive payment of retroactive salary increases based on the following:

1.               Employees hired prior to July 1, 1999, shall receive an increase for 2000 based on their current step as of  December 31, 1999, plus one additional step. For purposes of an increase for 2001, such employees shall be credited with a second additional step, effective January 1, 2001.

2.               Employees hired after July 1, 1999, but prior to July 1,       2000, shall receive a salary increase for 2001 based on their current step as of December 31, 2000, plus one  additional step, effective January 1, 2001.

3.               Employees hired after July 1, 2000, shall remain at  their current step as of December 31, 2000, for purposes of any        increase payable for 2001.

 

E.               Any Employee hired or promoted to a Senior Attorney position shall receive a salary differential of two thousand five hundred dollars ($2,500) per year.

 

 

                          ARTICLE VI

 

                    EMPLOYEE REIMBURSEMENT

 

A.   The Employer shall reimburse Employees for all approved job-related expenses incurred by the Employee.  Except as provided in this Article, expenses totaling $25.00 or less shall not require advance approval.

 

B.   Employees will be compensated for travel engaged in on program work exclusive of commutation between their residences and their assigned branch office.

 

     1.   Compensation for automobile travel will be at the rate set by the Internal Revenue Service during the term of this Agreement. However, there will be no reimbursement for parking tickets.

 

     2.   Employees may be reimbursed in full for travel by public transportation or common carrier without prior approval whenever the cost of such transportation is equal to or less than the cost of travel by private automobile.  Where travel by public transportation or common carrier would be more expensive than travel by private automobile, prior authorization must be obtained from the Director or Designee.

 

     3.   Travel and/or per diem out of state costing $50.00 or less must be approved in writing by the Designee of the Director in advance.  Travel and/or per diem costing more than $50.00 must be approved in writing in advance by the Director or Designee. All travel shall be done by the least expensive method available. 

 

     4.   The Employer shall maintain in effect its Business Auto Policy.

 

C.   Reimbursement for travel is accomplished by filling out the appropriate form, as designated by the Employer, having the Designee of the Director countersign and forwarding the completed form to the Administrative Office.

 

     Travel vouchers submitted by the 10th of the month shall be paid by the end of said month.  Travel vouchers submitted after the 10th of the month, need not be paid until the end of the following month.  Travel vouchers must be submitted no later than two (2) months after the expense has been incurred, but no later than January 31 of the following year, or else the Employee shall forfeit reimbursement.

 

(continued)

 

 

 

 

ARTICLE VI (cont'd)

 

 

D.   Subject to Paragraph B(3), whenever Employees travel, they shall be entitled to the full actual cost of room and board or, if specified in advance by the Director, the per diem rate which shall not exceed the rate established for that location by the I.R.S.

 

E.   In the event that more than one (1) Employee is involved in the same trip or event, then all participating Employees must obtain advance written approval from the Director or  Designee for reimbursement of per diem expenses.

 

F.   Petty cash:  Each office shall maintain a petty cash fund. 

                          ARTICLE VII

 

                HOURS OF WORK/COMPENSATORY TIME

 

A.   Office hours shall be from 9:00 a.m. to 5:00 p.m. Monday through Friday with one hour for lunch per day, with a work day of seven (7) hours and a work week of 35 hours.  These hours are subject to change upon request in the discretion of the Designee of the Director, subject to the veto of the Director, depending upon program needs.  Said request shall not be unreasonably denied.  Any work in addition thereto shall be consistent with fulfilling the professional responsibilities of the program.

 

     1.   In cases where an Employee commences work prior to 9:00 a.m. as a result of a scheduled court/administrative hearing appearance (including case and/or witness preparation), the Employee may leave after working seven (7) hours, provided that leaving is not inconsistent with the Employee's professional responsibilities.

 

2.               In exercising its discretion under Article VII, paragraph A. to make reasonable variations from normal work hours, the Employer will ascertain whether: (a) the variation is done in the process of providing the most effective client services; (b) the variation is reasonable given the work hours of the attorney; and (c) the variation does not have an adverse effect on client services or staffing of the office.  The Staff Attorney shall make every effort to work during the normal work hours.  This paragraph is meant to allow variations in work schedules to promote activities after usual work hours such as community legal education, community economic development work, meeting with client groups, Farmworker Division outreach, brief writing, meeting emergent deadlines and other legal work that cannot be completed within normal working hours.  The implementation of this procedure calls for the Staff Attorney to confer with the Supervising Attorney or Designee in advance of the proposed variation in the normal work hours so that a determination can be made on whether the Staff Attorney's request meets the above standards in Article VII, para. A. 2. (a), (b), and (c).  There may be circumstances where a Supervising Attorney or Designee is not available for consultation on a particular day to obtain advance approval of a proposed variation,

 

 

 

 

 

 

 

(continued)

ARTICLE VII (cont'd)

 

despite good faith efforts of the Staff Attorney to communicate a request for a variation.  If this occurs, the rule of reason shall be used and the attorney's judgment will be given the benefit of the doubt for that day.  However, the usual procedure shall be that the Staff Attorney and the Supervising Attorney shall communicate on a regular weekly basis in planning legal work involving the development of advocacy strategies for the benefit of the client community.  This regular interaction will make attorney requests for variations in normal working hours flow from a planned and organized deployment of staff resources for the benefit of the client community.

 

     3.   Late reporting of up to 15 minutes can be offset by an equal time of work after 5:00 p.m.  Occasional late reporting of up to one (1) hour can be offset by equal time worked that day if approved by the Supervising Attorney.  Other variations can be approved at the discretion of the Supervising Attorney subject to the veto of the Director.

 

     4.   The Director and Designees retain their full discretion permitted by the collective bargaining agreement and existing federal and state laws for discretionary approval of hours.

 

5.               The employer agrees that, consistent with the forgoing provisions, an employee may work less than seven (7)hours in a single day without being required to charge accrued vacation, personal, or compensatory time, provided the employee works at least thirty-five (35)hours within that week and obtains prior approval from his or her supervisor.

 

 

B.               All Employees are required to keep their supervisor or designee informed of their location and the nature of their duties during official office hours.  Employees who will be absent from work or late to their offices are required to notify their offices as soon as possible.  In the absence of anyone in the office, the Administrative Office shall be contacted.  Absent unusual circumstances, such notification should be made by 9:30 a.m. of the day involved.  Signing out in advance on the designated sign in/out sheet for court appearances, training seminars, or client home visits shall constitute prior notification.

 

(continued)

 

 

 

ARTICLE VII (cont'd)

 

C.               A weekly time sheet, setting forth such information as the Employer may from time to time require, shall be maintained and submitted by each employee.  The time sheet, signed by the employee, must be submitted to the Supervisor by 2:00 p.m. of the first regularly scheduled work day following the week being reported.  Daily time sheets are to be submitted to the Supervisor by the close of the following business day.  However, employees may be required to submit weekly time sheet reports on the last work day of the pay period if requested, in order to take into account a change in the regularly scheduled pay day or a lesser number of days for the processing of payroll due to holidays.

 

D.   In the event that the Employer determines that all or some of the offices will close early and support staff released of their official responsibilities for that day, prior notification will be given to the staff attorneys and the Employer will ensure that the legal work of the office will not be adversely affected by such closing.

 

E.   In the event that an Employee works in excess of forty (40) hours in a work week, the Employee shall accumulate compensatory time in the amount of one (1) hour for each hour worked over forty (40) hours in the week.  For purposes of calculating hours worked in a week, holiday hours time and inclement weather shall be included.  For example, in a week which includes a holiday, the Employee shall accumulate compensatory time in the amount of one (1) hour for each hour worked over thirty-three (33) hours in the week, excluding any hours worked on the holiday itself, if any, as this is covered in Article VIII.

 

F.   Employees cannot earn compensatory time in excess of ten (10) hours per week unless prior approval has been obtained from the Designee of the Director.

 

G.   No Employee may earn more than thirty-five (35) compensatory hours in any year, without the advance written approval of the Director.

 

H.   Whenever an Employee intends to use compensatory time, the Employee shall, absent an emergency, submit a written request  to the Designee of the Director.  The request shall be granted provided that it is not inconsistent with the needs of the program.  In the event the request is denied, then it shall be granted at the earliest time thereafter as the needs of the office will permit.

 

ARTICLE VII (cont'd)

 

I.   The conduct and activities of Employees during non-working hours may be regulated by the Employer only to the extent allowed by this Agreement and the Regulations issued pursuant to Legal Services Corporation Act.

 

J.   At the end of each calendar year, any unused compensatory time, to the maximum annual limit in this Article, shall be converted into sick time.

 

                         ARTICLE VIII

 

                           HOLIDAYS

 

A.   Employees shall be entitled to all of the following holidays with pay:

 

     1.   New Year's Day

     2.   Martin Luther Kings Birthday

     3.   President's Day

     4.   Good Friday

     5.   Memorial Day

     6    Independence Day

     7.   Labor Day

     8.   Columbus Day

     9.   Veteran's Day

     10.  Thanksgiving Day

     11.  Friday following Thanksgiving Day

     12.  Christmas Day

 

     In addition, employees shall be entitled to one (1) floating holiday per year, to be taken on a day of the employee's choosing with prior supervisory approval.  Employees shall give 48 hours’ notice to their supervisor of their intent to take a floating holiday.

 

 

B.   Holidays that fall on a Saturday will be observed on the Friday before the Holiday and those that fall on a Sunday will be observed on the Monday after the Holiday.

 

C.   An Employee who works on one of the days enumerated in Paragraph A shall receive an equivalent amount of leave to be used within three (3) months of the holiday or it will be forfeited.

 

D.   In conformity with Article VII.A.3., Employees shall be entitled to work a flexible schedule on an election day in order to vote, consistent with the needs of the office and subject to the approval of the Designee of the Director.

                          ARTICLE IX

 

                   LEAVES OF ABSENCE - PAID

 

A.   VACATION

 

     1.   All full-time employees shall be entitled to vacation leave as follows. Said leave will accrue on a bi-weekly basis.

 

           a.   Up to the 5th anniversary year:  18 days per year.

 

           b.   From the 5th anniversary year through the 15th anniversary year (inclusive):  20 days per year.

 

           c.   From the 16th anniversary year forward: 25 days per year.

 

     2.   A maximum of 20 days vacation leave may be carried over from one year to the next.

 

     3.   Whenever an Employee intends to use five (5) or more days of vacation time, the Employee shall, absent an emergency, submit a written request therefor, to the Designee of the Director at least five (5) work days prior to the date.  For a request of two (2), three (3), or four (4) days of vacation, the request must be submitted at least three (3) work days prior to the date.  The request shall be granted provided that it is not inconsistent with the needs of the program.  In the event the request is denied, then it shall be granted at the earliest time thereafter, as the program needs will permit.

 

           Consistent with the needs of their office, Employees may take up to one day of vacation with notification to the Designee of the Director.

 

     4.   The notice requirements herein may be waived by the Designee of the Director.

 

     5.   The Administrative Office will inform all Employees every pay period of the number of vacation days accrued but not used.

 

B.   PERSONAL

 

     1.   All full-time employees shall receive four (4) personal days per calendar year. Said personal days shall accrue on a bi-weekly basis and may be used for any personal reason.

 

     2.   Personal days may be accumulated from year to year up to a maximum of six (6) days.

 

     3.   Personal days accrued and not used at time of termination of employment, other than dismissal, will be compensated in full.

3.               All Employees must inform the Designee of the Director prior to

     taking a personal day.

 

     5.   The Administrative Office shall report to all Employees every pay period personal days accrued but not used.

 

C.   SICK

 

     1.   All full-time Employees will accrue twelve sick days per calendar year.  Said days will accrue on a bi-weekly basis.

 

     2.   Sick leave accrued shall be accumulated from year to year with no maximum; however, sick leave accrued but not used at termination of employment will not be compensated at all and will be forfeited.

 

     3.   Employees may take sick leave only in the case of their illness or medical needs of a member of the immediate family whose illness or needs require the presence of the Employee.

 

     4.   The Director may require medical evidence of illness for any Employee who takes sick leave for three (3) consecutive days or at any abnormal rate or under suspicious circumstances such as near the Employee's termination date.

 

     5.   All Employees who are absent from work because of sick leave must make actual contact with their supervisor or designee prior to 9:30 a.m. to report their absence.   In cases where the Employee knows that sick leave of more than one (1) day will be needed, the Employee shall advise the office thereof and the expected date of return to work.  Thereafter, no additional contact need be made unless the expected date of return changes and the contact in regard thereto shall be made as soon as the said Employee becomes aware thereof.

 

     6.   The Administrative Office shall inform all Employees every pay period of sick leave accrued but not used.

 

D.   BEREAVEMENT LEAVE

 

     1.   Employees shall be entitled to take five (5) working days off with pay whenever a parent, spouse, child, sister, brother or member of the Employee's immediate family dies (including unmarried couples who live together).

 

     2.   Employees shall be entitled to take three (3) working days off with pay whenever a mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparent, grandchild, grandparent-in-law, aunt or uncle, niece or nephew of the Employee dies.

 

     3.   In the event that the burial is held after the additional days, the day of the burial shall also be paid.

 

     4.   "Immediate family" includes all persons who reside with the Employee and who are regarded, generally speaking, as a member of the household unit.

 

E.   LEGAL DUTY

 

     All permanent Employees will be granted time off with pay if legally ordered to appear in court as a witness, juror, or the prevailing plaintiff in an action against CRLS, Inc.  If jury duty on any particular day ends before 3:00 p.m., the employee is required to call his or her supervisor, who shall determine whether the employee must return to work to complete his or her scheduled work day.

 

F.   BAR EXAMINATION

 

     1.   All full-time Employees shall be entitled to take four (4) weeks off immediately preceding the taking of the New Jersey bar examination -- two (2) weeks being with pay and two (2) weeks being without pay.  The Employee shall also be entitled to take off with pay the day(s) of the New Jersey bar examination and the first work day immediately following the taking of said bar examination.

 

     2.   Such leave, with pay, shall be granted only twice during the tenure of the Employee.

 

     3.   Failure to become licensed within the time frame set forth in New Jersey R. 1:21-3 shall be just cause for termination of employment without recourse to the grievance and arbitration provision.

 

G.   PARENTING

 

     Any Employee who becomes a parent (natural or adoptive) shall be entitled to five (5) working days off, for the birth or arrival of the child.

 

H.   WEATHER

 

     1.   In the event of inclement weather or conditions where the offices are closed in accordance with Paragraph 2 below, the Employees shall receive a full day's pay.

 

     2.   In the event of inclement weather, the Employer shall determine the closing of the various offices, based upon a reasonable procedure for determining local weather conditions.  Upon making the determination, the Employer shall timely notify each office.

I.   PAID LEAVES GENERALLY

 

     1.   Employees shall accumulate seniority rights during any and all periods for which they are on paid leave of absence pursuant to this Article.

 

     2.   There shall be no limitation upon Employee activities while on leave so far as may be permitted by Legal Services Corporation statutes and regulations.

                           ARTICLE X

 

                  LEAVES OF ABSENCE - UNPAID

 

 

A.   SICK LEAVE

 

     Time off without pay shall be granted to an Employee for up to three (3) months upon written request with medical verification. Such leave may be taken in addition to and/or in conjunction with any leave an employee is entitled to under Paragraph H (Family Medical Leave).

 

B.   PARENTING

 

     Time off without pay may be added to accrued paid time off and temporary disability for a total of not more than three (3) months off from date of birth or receipt of an adopted child by the Employee who engages in parental care of the child.  Such leave may be taken in addition to and/or in conjunction with any leave an employee is entitled to under Paragraph H (Family Medical Leave).  In lieu of leave without pay, an Employee may make alternative parenting arrangements with the Director, paid or unpaid, consistent with the needs of the Employee's office for up to twelve (12) months.  Examples of alternative parenting arrangements include, without limitation, part-time employment or changes in the Employee's work schedule, including starting and ending times.  Approval of this alternative leave will not be unreasonably denied. 

 

C.   MILITARY

 

     Time off without pay shall be granted to an Employee for military duty, including National Guard or military reserve duty, for the regular annual requirement or emergency situations, in accordance with law.

 

D.   OTHER LEAVES

 

     Other unpaid leaves may be granted in the discretion of the Director.

 

E.   UNPAID LEAVE GENERALLY

 

     1.   An Employee shall notify the Employer and Employees in the office at least one (1) month prior to the commencement of the leave, unless there is an emergency.  This requirement may be waived by the Employer.

 

2.               Employees shall accumulate seniority rights during any and all periods for which they are on an unpaid leave of absence.

ARTICLE X (cont'd)

 

     3.   There shall be no limitations upon Employee activities while on leave as far as may be permitted by Legal Services Corporation statutes and regulations.

 

     4.   Employees may return to work prior to the scheduled time of return unless a temporary replacement has been hired.

 

F.   SABBATICAL

 

     Time off for sabbatical leave without pay shall be granted under the following conditions:

 

     1.   To be eligible for sabbatical leave, an Employee must have at least five (5) years of legal experience and have at least four (4) years of seniority as defined in Article XIV (A) of this Agreement.

 

     2.   No more than one (1) Employee from any one office at any one time and no more than two (2) Employees at any one time in the program shall be on sabbatical leave.

 

     3.   The maximum time period of the sabbatical leave shall be one (1) year.

 

     4.   Selection of Employees to take sabbatical leave shall be on a "first come, first serve" basis.  If two requests are submitted on the same date, then the Employee with the greater seniority shall be given preference.

 

     5.   The Employer shall maintain the program insurance coverage in effect for the Employee for a period not to exceed four (4) months from the date the sabbatical leave commenced, provided the employee continues timely payment of his or her portion of the premium. Thereafter, the Employee may elect to pay the required premiums to continue receiving such insurance coverage.

 

     6.   No Employee shall tack any accumulated leave onto the period of the sabbatical leave.  However, accumulated leave may be utilized within the period of said leave.

 

     7.   All requests for sabbatical leave must be submitted to the Director at least ninety (90) days in advance of the requested leave date.

ARTICLE X (cont'd)

 

     8.   The sabbatical leave shall be for one of the following purposes:

 

           (a)  To work in other legal settings involving legal services to the poor or legal services involving individual civil rights;

 

           (b)  Education in an institution of higher learning;

 

           (c)  Travel (if travel is the sole reason for the sabbatical, then the sabbatical shall not exceed six (6) months);

 

           (d)  Teaching;

 

           (e)  Rehabilitative rest;

 

           (f)  A combination of the above.

 

     9.   If during the course of the sabbatical leave, an Employee becomes employed on a full-time basis by a business entity for profit (including law offices), the sabbatical shall be deemed ended and the Employee's employment terminated.

 

G.   Employees on unpaid leaves of absence shall neither accumulate nor be paid for any additional holiday or paid leaves of absence provided under Article IX.

 

H.   FAMILY AND MEDICAL LEAVE

 

The Employer shall implement a policy for Family and Medical Leave that incorporates applicable provisions of the Family and Medical Leave Act of 1993 (FMLA) and the New Jersey Family Leave Act of 1989 (NJFLA).  In addition to the minimum provisions required by law, such Family and Medical Leave policy shall specifically include the following:

 

1.   The leave may be paid (if employee chooses to use accrued leave   time), unpaid, or a combination of paid and unpaid.

 

2. The leave may be taken consecutively or intermittently.

 

3. The employee shall not be required to use or spend down

   accrued paid vacation leave, sick leave, personal leave,

   or compensatory time.

4. The employee will not be allowed to tack paid leave on to unpaid leave to exceed 12 weeks of Family and Medical Leave Act Leave.  In the case of Sick Leave provided in Paragraph A above and Parenting Leave provided in Paragraph B above, the employee will not be allowed to tack paid leave onto unpaid leave to exceed a total of six (6) months leave.

 

5. Within thirty (30) calendar days of returning to work from Family and Medical Leave, the Employee shall not be allowed to take paid vacation leave.

 

 

                          ARTICLE XI

 

                    NEW HIRES AND PROBATION

 

A.   All Employees shall be hired on a probationary basis.  The probationary period shall be one hundred eighty (180) days from the date of initial hire. 

 

B.   A probationary Employee may be discharged during the probationary period without resort to the grievance procedure by either the Employer or the Union provided that:

 

     1.   If the probationary Employee submits a written request, the Employer shall give the reason for the termination in writing.

 

     2.   A discharge occurs during the probationary period if written notice of discharge is given to the Employee during the period.

 

     3.   An Employee who is terminated during the probationary period shall be given no less than two (2) weeks notice in writing.  Such Employee may be permitted to work through this period to close or transfer case responsibilities, as necessary, at the discretion of the Director.

 

     4.   Any probationary Employee shall be given an opportunity to resign in lieu of being discharged.

 

     5.   The Employee will be formally evaluated after 90 days or at least ten (10) working days prior to any termination.

 

C.   All time periods specified in Article XI shall be extended in an equal number of days used by the Employee for bar examination leave pursuant to Article IX, Section F, or unpaid leaves of absence.

 

D.   At the beginning of employment, all new Employees will be advised by their Supervisors of the standards which will be used to evaluate their work performance during their probationary period. During the probationary period, the Employer shall provide supervision of the Employee's work performance.  Such supervision shall include, but not be limited to, observing and commenting upon an Employee's client interviews, negotiations, court and hearing appearances, and reviewing written materials.  At the end of the first 90 days of probation, the Employer shall provide the Employee with both written and oral evaluations of performance, including specific suggestions for areas of improvement.

                          ARTICLE XII

 

                   DISCIPLINE AND DISCHARGE

 

A.   No Employee who has completed the probationary period shall be discharged or disciplined except for just cause.  Only the Director may discharge or suspend an Employee.

 

B.   DISCIPLINE

 

     1.   When the Employer believes that just cause exists to discipline an Employee based on an act, omission, or course of conduct that does not constitute a dischargeable offense, the Employer shall first issue a written warning to the Employee.

 

     2.   When an Employee persists in a course of unacceptable conduct after having been formally warned in writing that continuing such conduct may result in suspension, the Employer may suspend the Employee without pay for no more than five (5) days.

 

     3.   All warning notices shall be removed from an Employee's record after eighteen (18) months unless the Employee is suspended or discharged during the eighteen (18) month period.

 

     4.   Copies of all disciplinary notices and actions shall be given to that Employee's Shop Steward or, if unavailable, to the Union President or the Union President's Designee.

 

C.   DISCHARGE

 

     1.   When an Employee persists in a course of unacceptable conduct after having been progressively disciplined and where such conduct is sufficient to give rise to just cause for discharge, or when an Employee commits an act or omission that constitutes a dischargeable offense, the Employee shall be subject to discharge.

 

     2.   Any Employee shall be given the opportunity to resign in lieu of discharge before Step 2 of the Grievance Procedure.

                         ARTICLE XIII

 

                      GRIEVANCE PROCEDURE

 

A.   A grievance is defined as a complaint, dispute or controversy concerning the interpretation, operation or application of this Agreement, or the personnel practices, rules and regulations of the Employer.  All grievances must be filed within twenty (20) work days of the transaction or occurrence which is the basis of the grievance.

 

B.   STEP 1 - INFORMAL CONFERENCE

 

     1.   The provisions of this step shall be available for all disputes referred to in Paragraph A other than a discharge or suspension.  Discharge and suspensions shall move initially to Step 2 and proceed in accordance therewith.

 

     2.   In the event of a complaint, dispute or controversy, the Director or Designee, or the Union President or Designee if the Employer is the grievant, shall meet with the grievant, the Union Shop Steward or Designee and any other individuals involved with the dispute to determine if an amicable resolution is possible.  This meeting will occur within ten (10) working days after the grievance is brought to the attention of the Director or Designee, or the Union President or Designee, as applicable.

 

C.   STEP 2

 

     1.   If no resolution of the grievance is achieved at Step 1, the grievance shall be reduced to writing and delivered to the Director and the Union President by the grievant within six (6) working days of the informal conference meeting.

 

     2.   The Director or Designee or the Union President or Designee, as applicable, shall respond to the grievance in writing within ten (10) working days after its receipt and shall deliver or mail copies to the grievant's office, and to the grievant's Shop Steward or Designee if the grievant is a member of the bargaining unit.  If no response is delivered or mailed in ten (10) working days, the grievance shall be deemed denied.

ARTICLE XIII (cont'd)

 

     3.   In the event that the grievance is denied, the Director or the Union, as applicable, will determine whether the grievance will go directly to arbitration (Step 4) or if it will be heard at Step 3.  This decision must be reduced to writing and delivered to the Director or the Union President, as applicable, within ten (10) working days after the denial of the grievance or the lack of a response.

 

D.   STEP 3

 

     1.   If the decision is to proceed to Step 3, then the grievance shall be heard by a three-member panel of the Board of Trustees of Camden Regional Legal Services, Inc. ("Board"), to be constituted on a yearly basis as set forth in Paragraph D(2) below.

 

     2.   The Union and the Employer shall each designate their choice for the panel within ten (10) days of the signing of this Contract and by January 10 of each year thereafter.  The two (2) panelists shall then select the third panelist within ten (10) days thereafter.  At least two (2) of the three panelists shall be attorneys.  If the third panelist is not appointed within the above time frame, the third panelist shall be appointed by the president (if not a panelist), or by the vice-president (if not a panelist), or by the secretary.

 

     3.   If a member vacates the position, a replacement shall be  designated in the same manner as originally selected.

 

     4.   The three panelists shall select their chair, who shall be responsible for scheduling the hearing on the grievance and for compliance with the requirements of this step.

 

     5.   The panel shall hold the hearing within thirty (30) calendar days of receipt of the grievance.  The panel may issue a bench decision, but in any event shall issue the decision no later than fifteen (15) days after the hearing.  If the panel fails to issue the decision within forty-five (45) days of the receipt of the grievance, then the relief sought by the Union will be granted, subject to the Employer's right to go to arbitration.

ARTICLE XIII (cont'd)

 

E.   STEP 4

 

     1.   Where the Employer or the Union, as applicable, determines to appeal a Step 2 or Step 3 determination to arbitration, the dissatisfied party may file a Demand for Arbitration with the Philadelphia Office of the American Arbitration Association with a copy to the other party.  The selection of an arbitrator and the scheduling and conduct of the arbitration hearing shall proceed in accordance with the rules of the A.A.A.  The Demand must be filed within fifteen (15) working days following the conclusion of Step 2 or Step 3.

 

     2.   The Arbitrator shall have no authority to change, amend or modify any of the provisions of this Agreement and  shall issue an award within thirty (30) days from the close of the arbitration.

 

     3.   All costs of arbitration shall be borne equally by and between the Employer and the Union.  Costs incurred for witnesses, representation, or connected to party's presentation of its case, shall be borne by the party requiring such items.

 

     4.   The award of the Arbitrator shall be final and binding upon the parties.  The award of the Arbitrator shall be rendered within thirty (30) days of the close of the hearing.

 

     5.   If the final resolution of the grievance or the arbitration award is in favor of the Employee, the Employee shall receive all back pay owing from the date that the pay was terminated until the date of the award.

 

     6.   Failure of a party to file the Demand for Arbitration within the time period provided shall be conclusively presumed to be an abandonment of the grievance.  Time limits may be modified only by a written agreement, signed by both the Employer and the Union.

                          ARTICLE XIV

 

                         JOB SECURITY

 

A.   SENIORITY

 

     1.   Seniority shall commence after the completion of the probationary period and shall be retroactive to the date of the most recent hire for continuous service including time the Employee has been on authorized leave or continuous layoff for a period of up to twelve (12) months.

 

     2.   Seniority shall accrue during any leave of absence provided that the Employee returns to work immediately following the expiration of said leave.

 

     3.   Seniority shall accrue during any continuous layoff of not more than twelve (12) months; provided that the Employee returns to work within two weeks after written notification by the Employer by certified mail or telegram of their right to return to work.  In the event that an Employee cannot return to work within the two (2) weeks because of prior commitments, this period shall, upon reasonable request, be extended.

 

     4.   Temporary Employees, as defined herein, shall have no seniority but if any temporary Employee becomes a permanent Employee, then the Employee's seniority shall be retroactive to the original date of last hire.

 

     5.   Seniority shall terminate when the Employee:  resigns, unless permitted to withdraw the resignation; is laid off for a period in excess of twelve (12) months; fails to accept recall as provided in Paragraph C; fails to return following the expiration of an authorized leave of absence of more than three (3) months; or is absent without leave in excess of five (5) consecutive working days without justifiable reason.

ARTICLE XIV (cont'd)

 

B.   LAYOFF

 

     1.   In the event that the Employer determines that a layoff is necessary, the Union shall be notified at least twenty (20) work days in advance of the anticipated date thereof, during which time the Union may consult with the Employer as to ways to avoid or reduce said layoff.  Upon the expiration of the twenty (20) work day period, the Employer may have the layoff, if any, commence, in which event it shall be in accordance with Paragraph 2 below.

 

     2.   In the event of a layoff in a particular office, any probationary Employee in that office shall be laid off first.  Non-probationary Employees in that office shall be laid off next, on the basis of their program seniority.

 

     3.   In the event one or more Employees with seniority are scheduled to be laid off and there exists a vacant position, or a position occupied by a probationary Employee, or a position occupied by another Employee with less seniority, in any other office, the duties of which the laid-off Employee(s) is capable of performing, then program seniority shall prevail in assigning such Employee(s) scheduled to be laid off, to such position.

 

C.   RECALL

 

     1.   Whenever a staff attorney vacancy occurs in an office, Employees on layoff shall be recalled on the basis of their program seniority.  No transfer or promotion or new hiring from outside the project shall occur while Employees are on layoff.

 

     2.   Notice of recall shall be sent to the Employee by certified mail or telegram to the Employee's last address on Employer's records.  The recall notice shall require return to work no sooner than six (6) working days from the date of the notice, except that for an Employee who has been on more than three (3) months layoff, the notice shall require return to work no sooner than eleven (11) working days from the date of the notice.

                          ARTICLE XV

 

           RESIGNATION AND BENEFITS UPON TERMINATION

 

A.   An Employee who resigns shall give the Employer advance notice, in writing, of thirty (30) calendar days.

 

B.   An Employee who gives timely written notice of resignation shall receive, within ten (10) work days after the last day of work, payment for unused vacation, and/or personal time accrued to the effective date of resignation, up to a maximum of thirty (30) days.  An Employee who fails to give timely written notice will receive final payment for vacation and personal time within thirty (30) days after the Employee leaves.

 

C.   If timely written notice is given, the Employee may request to have no new cases assigned during the last five (5) working days of employment in order to complete professional responsibilities to existing case load.  Such request shall not be unreasonably denied by the Designee of the Director.

 

D.   A transfer memorandum on each open file, shall be completed and submitted by the next to last day of employment.  In the event that such memorandum is not submitted, then the Employee's pay for all accumulated vacation and personal time shall be withheld pending submission of said memoranda. Upon submission of said memoranda, the Employer shall make the payment set forth in Paragraph B above.  In the event that a memorandum is not submitted by the Employee, then the Employer shall review the file and assist the Employee who receives the file.

 

E.   If less than ten (10) days notice of resignation is given, the Employee shall forfeit accrued benefits.

 

F.   An Employee may rescind a resignation without prejudice within five (5) working days and thereafter during the time that the Employee's position remains posted pursuant to Article XVI (B) unless the Employer has determined not to refill the position.

 

G.   Employees discharged for just cause shall be entitled to receive pay for accumulated vacation and personal time.  The maximum number of accumulated vacation and personal time for which a discharged Employee shall be compensated is fifteen (15) days.

 

ARTICLE XV (cont'd)

 

H.   If an Employee is incapacitated, the accrued benefits shall be paid to the Employee.  If the Employee dies, the accrued benefits shall be paid to the person designated by the Employee or, in the absence of such designation, to the Employee's estate.

 

I.   Upon termination, an Employee shall be entitled to all rights under the Retirement Plan.

                          ARTICLE XVI

 

                    TRANSFER AND PROMOTION

 

A.   It shall be the policy of the Employer to promote Employees from within the program whenever possible, consistent with affirmative action goals set forth in Article III.

 

B.   Notices of job vacancies shall be posted via e-mail to all employees and shall remain posted for a period of not less than ten (10) working days. 

 

C.   If an Employee submits a written request for a vacant staff attorney position within the stated ten (10) day period and meets the qualifications for the job, the Employee shall be transferred into that job.  If two or more employees apply for a vacancy, seniority shall determine which Employee will be transferred, unless an employee with less seniority is substantially more qualified for the position. In determining qualifications, Management may consider relevant experience or expertise in a particular substantive area of the law.

 

However, without the approval of the Executive Director no employee may transfer to a new position until they have completed their probationary employment and then been in their current position for at least l2 months.  The above limitation on transfer of position does not apply to any newly created position. (as amended 12/17/98)

 

 

D.   There shall be no transfers for disciplinary reasons.

                         ARTICLE XVII

 

                        PERSONNEL FILES

 

A.   Personnel files shall be maintained in one place in a  Employment Verification and Accounting (EVA) file.  All data maintained in said file shall be separated, within the file, by the following categories:

 

     1.   Information and documentation which must be supplied to the Legal Services Corporation (LSC) upon request.

 

     2.   Information and documentation which may be required to LSC upon request if needed to complete a review of a pattern of discrimination, lack of compliance with the law, or poor performance of the Employer because there are specific indications of significant or substantive violations(s) or deficiency(cies) and the material sought reasonably appears to have a direct relationship to the violations(s) or deficiency(cies).

 

     3.   Information and documentation which LSC has no right to request.

 

B.   As to the category of documents and information in A.1. above, it is understood that the following documents, whether or not contained in a personnel file, may be made available to LSC for inspection and copying, if LSC should so request, subject to the deletion of the social security number, medical information, and other strictly personal information from the items listed as follows for any current Employee and for each former Employee having departed the program since January 1, 1992:

 

     1.   Offer and acceptance of employment;

 

     2.   Original notice of job vacancy;

 

     3.   Job description;

 

     4.   Salary and payroll forms and documentation, accompanying rationales, including but not limited to, authorization, and reclassification;

 

     5.   Leave, sick, vacation time, and other such records.

 

     6.   Federal W-4 and state tax withholding forms; and

 

     7.   Employee's resumes containing training, education, and job-related experience. (personal information may be

 

(continued)

ARTICLE XVII (cont'd)

 

           deleted or Employee may submit a revised resume limited to essential education, training and job-related experience.)

 

C.   As to the category of documents and information in A.2 above, absent the stated indications, LSC may request, and be supplied, sample copies of the following four (4) items with personal identifying information deleted, including the deletion of social security numbers, home address, medical information and other strictly personal information:

 

     1.   Performance evaluations;

 

     2.   Grievances, including EEO complaints, made by or against the Employee;

 

     3.   Documentation pertaining to acknowledgements, reprimands, suspensions, or other strictly disciplinary actions taken against the Employee; or

 

     4.   The Employee's letter of resignation.

 

D.   The Employer agrees that no data in the EVA file will be disclosed to any third party without the consent of the Employee, or to LSC except as specified in Art. XVII. A., B., and C., or any other funding authority which may demand, and have the right to see, such documents, or unless the Employer is subject to legal proceedings or requirements or is a defendant in a suit regarding such employment.  It is recognized that an Employee who lists the Employer as a current or past Employer is impliedly consenting to the disclosure of information relevant to salary, dates of employment, and verification of employment.  The Employer will not release information regarding work performance without the express consent of the Employee.  An Employee who lists the Employer as a credit or loan reference impliedly consents to the disclosure of the following information only, and only upon written request of the person or business to whom the Employee gave the Employer as a credit or loan reference: (1) fact of employment; (2) job title; (3) dates of employment; and (4) salary.

 

E.   Employees shall have the right to review their personnel records, within one (1) work day of the time of request, absent unusual circumstances.

 

F.   Employees shall be provided with a copy of any document placed in the Employee's personnel file within ten (10) days of the Employer's receipt of the document.  The Employee shall have a right to respond and that response shall be placed in the Employee's file.

 

G.   Employees shall have the right to grieve any document in their personnel files.  The grievance may be based on the substance of the document or the failure of the Employer to comply with the provisions of Paragraph B above.  If the grievance is sustained, the remedy will be expungement of the document.  These grievances will be determined at Step 3 of the grievance procedure (Article XIII) and where not accompanied by discipline, shall not be subject to binding arbitration at Step 4 (Article XIII).

 

H.   The Employer shall not release any information from the Employee's file to any third party without consent of the Employee unless under legal process.  In the event the Employer is served with legal process seeking to compel release of information, the Employee shall be notified immediately.

 

I.   Adverse information more than eighteen (18) months old which has not been utilized in any discharge or disciplinary action or proceeding during that time period shall, upon the written request of an Employee, be removed from his/her file.

 

J.   Should LSC promulgate either regulations or grant assurances in the future which provide for less access by LSC to Employee documentation and information during the period of this collective bargaining agreement, the Employer and the LSSA Union may reopen negotiations on this Article XVII without having the effect of reopening the entire agreement on other Articles.  The Employer and the LSSA Union may then amend this Article XVII to conform to LSC amendments that are determined to be lawful by the Employer and the LSSA Union.  If either or both the Employer and the LSSA Union conclude the an LSC amendment is unlawful, that party or parties may take whatever action relative to LSC which either or both find appropriate.  The Employer will not pay LSSA's attorney's fees should LSSA decide to take administrative or other legal action towards LSC.

                         ARTICLE XVIII

 

                      WORKING CONDITIONS

 

A.   The Employer shall provide decent, safe, healthy and professional working conditions.

 

B.   The Employer will comply with all applicable building and health codes.

 

C.   When the temperature at the place of work falls below 62 degrees Fahrenheit or rises above 82 degrees, or when another hazard to the Employees' health exists during working hours, an Employee must give notice of the hazard to the head of the office and to the central office.  Unless reasonable alternative arrangements for a place to work have been made within two (2) hours by the Employer, the Employee shall be entitled to be released without loss of pay for a reasonable time by the Designee of the Director while efforts are made to correct the condition.

 

D.   The Employer shall endeavor to provide each Employee with a private office that has adequate lighting, soundproofing and floor to ceiling walls.

 

E.   All Employees shall have direct access to long-distance telephone lines.  Each Employee shall have all keys, including the alarm key and/or alarm code, to ensure access to the office.

                          ARTICLE XIX

 

                           TRAINING

 

A.   All Employees are encouraged to attend conferences, training sessions and seminars in areas relating to their employment.  Prior approval by the Director or Designee shall be obtained in order for the Employee to be reimbursed for expenses in connection with said training, which approval shall not be unreasonably withheld.

 

B.   The Employer shall provide a copy of the training budget and expenditures to the Union, upon request.  Said budget and expenditures shall be reviewed by the Labor-Management Committee at least once per year.  The Committee shall give recommendations for the use of such fund.

                          ARTICLE XX

 

                PROFESSIONAL DUES AND EXPENSES

 

A.   The Employer shall pay all dues and fees required for Employees to maintain their license to practice in any state in which they are required to practice by the Employer.

 

     1.   This shall include the New Jersey Clients Security Fund, and for Employees admitted to practice pursuant to New Jersey Court Rule 1:21-3(c), fees for another state in which they are licensed to practice law.

 

     2.   This shall also include the fees and related costs, including travel expenses, of all first-, second-, and third-year courses required by the New Jersey Supreme Court, through the New Jersey Institute for Continuing Legal Education, as part of the "skills and methods" course described in New Jersey Court Rule 1:26.

 

B.   The Employer will pay the cost of membership of bar or professional associations as follows:

 

     1.   The Employer will pay the cost of membership to a local county bar association in the area served by the Employee's office

 

     2.   The Employer will also pay 50% of the cost of membership in up to two bar or professional associations related to the Employee's employment including, but not limited to:

 

           New Jersey State Bar Association; National Lawyers Guild; Garden State Bar Association; South Jersey Lawyers Association; Asian Pacific American Lawyers Association of New Jersey; The Association of Black Women Lawyers of New Jersey; Federal Bar Association New Jersey Chapter; The Association of the Federal Bar of the State of New Jersey; Hispanic Bar Association of New Jersey Inc; The Bar of the Special Civil Part; Association of Trial Lawyers of America - New Jersey; Trial Attorneys of New Jersey; New Jersey Women Lawyers Association.

 

C.   The Employer shall maintain complete errors and omissions, malpractice and liability insurance coverage for all Employees.

 

     1.   Such insurance shall cover Employees for any actions while employed by the Employer even if the Employee is no longer employed by the Employer when the claim is made.

 

 

(continued)

 

ARTICLE XX (cont'd)

 

     2.   The Employer agrees to pay any deductible required under the malpractice insurance policy and will not seek contribution from any Employee regarding such deductible.

 

     3.   In the event that any judgment for malpractice exceeds the amounts allowed under the insurance purchased by the Employer, the Employer shall pay such amount and will not seek contribution from any Employee for such amount.

 

                          ARTICLE XXI

 

             EMPLOYEE HEALTH AND WELFARE BENEFITS

 

A.   Life Insurance/Accidental Death and Dismemberment

 

     The Employer shall provide each Employee, at the Employer's expense, with life insurance coverage of $35,000 and accidental death and dismemberment insurance coverage of $35,000.

 

B.   Medical

 

     The Employer shall use its best efforts to continue to provide all Employees with the present medical coverage, or its equivalent.  In no event shall the Employer modify the insurance coverage available hereunder without notice to and consent of the Union.

 

     Recognizing the continuously changing health care climate and escalating costs of health insurance, the Union and the Employer agree to continue to confer during the course of this Contract to explore health care coverage alternatives. 

 

 

The employee co-pay will be the following amounts:

 

                Primary Office Visit -  $l0.00

                Specialist Visit     -   l5.00

                Emergency Room Visit -     35.00

                Mental Health Visit  -   25.00

                Routine Eye Exam     -   l5.00

                GYN Routine Exam     -   l5.00

                Prescription         -   l0.00

          

Each employee will pay 3 percent of the annual health insurance premium. Said premium to be deducted from the employee’s pay on a bi-weekly basis.

 

 

C.   The Employer shall continue to pay the employer’s share of all health and welfare insurance premiums during authorized leaves of absence and periods of layoff up to a maximum of four (4) months, provided the employee continues timely payment of his or her portion of the premium. However, if a laid off employee becomes eligible for health insurance through other employment within such four (4) month period, the Employer’s obligation to continue to pay such premiums shall end.

 

 

(continued)

ARTICLE XXI (cont'd)

 

 

D.   In the event of a work-related disability for which an Employee is receiving benefits for temporary disability from the Employer's workers' compensation carrier, the Employee shall be entitled up to an additional eleven (11) sick days to be used in whole, or in part, to supplement the aforesaid workers' compensation benefits.  In no event shall the Employee receive more sick leave than would have been received had the Employee been able to report to work during the period of disability.

 

E.   The Employer agrees to provide a long-term disability and dental plan for Employees.

 

 

 

F.   The Employer shall continue to provide the present Retirement Plan ("Plan").  Each year, the Employer shall provide each Employee with the following documents concerning the Plan:

 

     1.   A copy of the summary of the Plan's annual financial report, within thirty (30) days after the report is received by the Plan Administrator.

 

     2.   A statement of the Employee's total Account balance for the Plan, within thirty (30) days after the current accounting is finished.

                         ARTICLE XXII

 

                          WORK RULES

 

The Employer reserves the right to promulgate, from time to time, work rules.  The Union may grieve the reasonableness of any rule and/or the application thereof to any Employee.  Proposed work rules shall be forwarded by the Employer to the Union.  The Union may take the opportunity to comment in writing and/or to meet with the Employer within fifteen (15) days after receipt of the proposed work rules.  The Employer will not implement said rules prior thereto.

                         ARTICLE XXIII

 

                      TEMPORARY EMPLOYEES

 

A.   A temporary Employee is one who is hired for a period of not more than three (3) months, for a special project of longer but finite duration of not more than one (1) year, or to replace an Employee on leave or vacation.  The Employer shall inform the Union in writing, not later than ten (10) working days after the hiring date, of the following information:  the date of hire; the reason for the hiring; a description of the defined, special project, if applicable; the level of experience as determined by Article V, pay, and benefits; and the projected length of employment.

 

B.   The rate of pay and benefits shall be no greater for a temporary Employee than for a member of the Union with equivalent years of experience as determined by Article V, unless required to the extent permissible under the terms of any restrictions from the funding source from which the temporary is paid.

 

C.   If a temporary Employee becomes permanent, time worked as a temporary Employee shall not be counted toward any new Employee probationary period, but upon completion of a new Employee probationary period, shall be counted for seniority purposes.

                         ARTICLE XXIV

 

                          UNION LEAVE

 

Upon one month written notice to the Employer, the President of the Union or Designee may take up to two (2) years of continuous unpaid leave for union business and shall be entitled to return to a position upon giving to the Employer sixty (60) days written notice of intention to return.

 

Employees designated by the Union shall be entitled to unpaid leave to perform Union functions or to attend Union conferences up to an aggregate of ten (10) days per year.  Prior to taking such leave, the Employee must give reasonable advance notice to the Designee of the Director.

                          ARTICLE XXV

 

                  LABOR-MANAGEMENT COMMITTEE

 

A.   A Committee composed of representatives of the Union and the Employer shall be established to resolve problems dealing with the implementation of this Agreement, to handle the specific responsibilities assigned to it by this Agreement, and to discuss other labor-management problems that may arise.  The Committee shall be established within thirty (30) days of the date of execution of this Contract, including naming of the representatives.

 

B.   The Committee shall be composed of no more than three (3) Union representatives and an equal or lesser number of management representatives, one of whom must be the Director.  On issues of common concern with the Communication Workers of America Local 1067, including Article III (C) of this Contract, this Labor-Management Committee may meet as a Joint Labor-Management Committee with equal numbers of representatives from the Legal Services Staff Association, the Communication Workers of America Local 1067 and management.

 

C.   The committee shall meet as often as the parties shall mutually agree, but not less than quarterly.  The Director, if available, must attend all the scheduled meetings.

 

D.   The Committee will elect a Secretary who will take minutes of the meetings.  These minutes will be circulated to all committee members at least five (5) days prior to the next meeting and will be voted on at the next meeting.  Once the minutes have been approved and accepted by the Committee, they will be circulated to all Employees.

 

                         ARTICLE XXVI

 

                      STRIKES OR LOCKOUTS

 

A.   Neither the Union nor any Employee shall induce or engage in any strikes or work stoppage during the term of this Agreement.

 

B.   No Employee shall be obliged to cross a picket line or be disciplined for refusing to do so.

 

C.   The Employer shall not lockout its Employees during the term of this Agreement.

                         ARTICLE XXVII

 

                       MANAGEMENT RIGHTS

 

The Employer reserves, subject to the terms of this Agreement, the right to manage the program to the fullest extent permitted by State and Federal laws.  If Employer does not exercise any function hereby reserved to it, or exercises any such function in a particular way, it shall not, whatsoever, be deemed a waiver of the right to exercise such function or preclude it from exercising the same in some other way not in conflict with this Agreement.

                        ARTICLE XXVIII

 

                         NO DEROGATION

 

No policies, manuals, or rules promulgated by the Employer shall derogate or detract from the rights or benefits granted to the Employees by this Agreement.

                         ARTICLE XXIX

 

                    FEDERAL AND STATE LAWS

 

In the event any Federal or New Jersey law conflicts with the provisions this Agreement, the provision so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Agreement shall continue in full force and effect.  Disputes arising out of the operation of this Agreement shall be subject to the Grievance Procedure.

                          ARTICLE XXX

 

                PROFESSIONAL WORKING CONDITIONS

 

A.   Neither the Employer nor the Union shall require the other or any Employee to take or decline to take any action which violates the Rules of Professional Conduct, Ethics Committee opinions, or other considerations affecting the attorney-client relationship.

 

B.   Employees shall be encouraged to work with client-eligible community groups and organizations, provided the services performed conform to established priorities of CRLS. 

                         ARTICLE XXXI

 

                      PART-TIME EMPLOYEES

 

A.   A part-time Employee is one who is hired for less than 35 hours per week or a full-time Employee who elects to work less than 35 hours per week for a specific period of time, subject to the approval of the Director. 

 

B.   Full-time employees may request to work part-time, provided that no Employee works less than eighteen (18) hours per week.  Such requests must be in writing and must have the prior written approval of the Executive Director.  The Executive Director has the sole discretion to grant or deny such requests.  Requests to work part-time will not be unreasonably denied.  Upon thirty (30) days written notice to the employee, the Executive Director may revoke the grant of an employee’s request to work part-time based on program needs.  

 

C.   Part-time employees will have their salary reduced on a pro-rata basis based on a full-time work week of thirty-five (35) hours.  Part-time employees shall accrue seniority, vacation, sick, and personal leave on a pro-rata basis, based on a thirty-five (35) hour work week.

 

D.   Employee Health and Welfare Benefits provided in Article XXI will be provided to part-time Employees on the same basis as full-time employees, provided they are employed for at least 28 hours per week. A part-time Employee who is employed 18 to 28 hours per week will receive the Employee Health and Welfare Benefits in Article XXI if the part-time Employee pays 50% of the cost of each benefit desired as long as the benefit provider makes such benefits available to part-time Employees.

 

E.   A part-time Employee will only receive Holiday Leave for those holidays which are observed on a day which the Employee is scheduled to work.

 

F.   If a part-time Employee later is transferred to a full-time position, time worked as a part-time Employee shall be counted on a proportional basis toward any Employee probationary period.

 

G.   There shall be no involuntary transfer of full-time Employees to part-time positions

 

 

                         ARTICLE XXXII

 

                      SCOPE OF BARGAINING

 

A.   The Employer and the Union acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the Employer and the Union, for the term of this Agreement, each voluntarily and unqualifiably waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any subject matter specifically referred to or covered in this Agreement.

 

B.   The terms of this Agreement shall constitute the full and complete agreement between the parties and include the following by reference:

 

     1.   Authorization for Union dues check-off (Attachment A);

 

     2.   Attorney salary scale (Attachment B);

 

     3.   Current business auto policy;

 

     4.   Current Retirement plan;

 

     5.   Current health insurance policy;

 

     6.   Current dental insurance policy.

 

 

 

 

 

                        ARTICLE XXXIII

 

                     DURATION OF AGREEMENT

 

A.   This Agreement shall be in full force and effect for the period commencing January 1, 2000, and ending December 31, 2001. 

 

B.   The parties hereto have executed this Agreement the day and year first above written.

 

LEGAL SERVICES STAFF ASSOCIATION  CAMDEN REGIONAL LEGAL SERVICES, INC. 

OF CAMDEN REGIONAL LEGAL SERVICES

NATIONAL ORGANIZATION OF LEGAL

SERVICES WORKERS (NOLSW)

U.A.W. LOCAL 2320

 

 

 

_____________________________        ______________________________________

David M. Podell         Dated        Paul V. Mullin               Dated

President                            Acting Director

Bargaining Team Member

 

 

 

_____________________________        ___________________________________

Abigail B. Lamberth     Dated        Ann M. Gorman                   Dated

Vice-President                       Acting Deputy Director

Bargaining Team Member

 

 

 

____________________________         ____________________________________

Cynthia Gehring        Dated         Joyce Lutz                   Dated

Treasurer                            Human Resources Director

Bargaining Team Member

 

 

 

____________________________

Grayce Wiggins         Dated

Bargaining Team Member

 

 

 

 

 

                         ATTACHMENT A

 

 

 

                   LEGAL SERVICES STAFF ASSOCIATION

                  OF CAMDEN REGIONAL LEGAL SERVICES

 

 

Authorization for Check-Off

 

TO:  Camden Regional Legal Services, Inc.

 

 

     The undersigned hereby authorizes and directs you to deduct, from the periodic wages earned and to be earned by me as your Employee, such amounts as the Legal Services Staff Association shall, from time to time, duly establish as its membership dues, initiation fees, special assessment, or uniform assessment for membership in the Association.  These funds are to be remitted to the treasurer of the Association as deducted, or to any other person designated by the Association.

     On the arrearage owed from _____________________, 19____ to the present (total owed: $__________), I authorize and direct that $_________ be deducted in each of _______ pay periods (with any remaining smaller amount to be deducted in another pay period), until the amount owed is paid in full.

 

     This authorization shall remain in full force and effect until the same is revoked by me in writing, copies of which shall be sent to the Employer and the treasurer of the Union.

 

Signature of Employee:          ___________________________________

Employee's name (printed): ___________________________________

Social security number:         ___________________________________

Office name:                    ___________________________________

Date:                      ___________________________________

 

 

                                A - 1

                         ATTACHMENT B

 

                         SALARY SCALE

 

	Yrs.	2000	2001
	Exp.
	0	35,500	37,000
	0.5	36,500	38,000
Yrs 1-5	1	37,500	39,000
$     2,000	1.5	38,500	40,000
	2	39,500	41,000
	2.5	40,500	42,000
	3	41,500	43,000
	3.5	42,500	44,000
	4	43,500	45,000
	4.5	44,500	46,000
	5	45,500	47,000
	5.5	46,375	47,875
Yrs 6-10	6	47,250	48,750
$     1,750	6.5	48,125	49,625
	7	49,000	50,500
	7.5	49,875	51,375
	8	50,750	52,250
	8.5	51,625	53,125
	9	52,500	54,000
	9.5	53,375	54,875
	10	54,250	55,750
	10.5	54,875	56,375
Yrs 11-15	11	55,500	57,000
$     1,250	11.5	56,125	57,625
	12	56,750	58,250
	12.5	57,375	58,875
	13	58,000	59,500
	13.5	58,625	60,125
	14	59,250	60,750
	14.5	59,875	61,375
Yrs 15-26	15	60,500	62,000
$     1,000	15.5	61,000	62,500
	16	61,500	63,000
	16.5	62,000	63,500
	17	62,500	64,000
	17.5	63,000	64,500
	18	63,500	65,000
	18.5	64,000	65,500
	19	64,500	66,000
	19.5	65,000	66,500
	20	65,500	67,000
	20.5	66,000	67,500
	21	66,500	68,000
	21.5	67,000	68,500
	22	67,500	69,000
	22.5	68,000	69,500
	23	68,500	70,000
	23.5	69,000	70,500
	24	69,500	71,000
	24.5	70,000	71,500
	25	70,500	72,000
	25.5	71,000	72,500
	26	71,500	73,000

 

 

                                B - 2