Contract

AGREEMENT BETWEEN
DENVER NEWSPAPER GUILD-CWA Local 37074
(SEIU LOCAL 105 FIELD STAFF)
AND
SEIU LOCAL 105

This Agreement is entered into by and between SEIU Local 105 hereinafter referred to as SEIU and the Denver Newspaper Guild-Communications Workers of America Local 37074 hereinafter referred to as “DNG”.

MISSION STATEMENT

Our mission in SEIU Local 105 is to improve the lives of working people and their families and lead the way to a more just and humane society.

The parties agree that our joint mission is to advance the interests of Local 105 members, to build power for all working people and to be a leader in the progressive labor movement.

All parties to this agreement agree to maintain an atmosphere of mutual responsibility, dignity and respect to ensure that these objectives are achieved.


ARTICLE 1
Recognition

SEIU hereby recognizes DNG as the exclusive collective bargaining representative for its field representatives and organizers and other related positions and the past and present work performed by those employees. The parties agree that supervisors, office/clerical employees, temporary employees and project employees (employees hired for special campaigns whose salaries are funded by subsidies from the Service Employees International Union) are not covered by this agreement, except as provided below.

The parties agree that a temporary or project employee whose employment is continued beyond four (4) months shall be re classified as a regular employee. It is agreed that such temporary and project organizers shall be exempt from the wage provisions of this agreement except that SEIU agrees to negotiate with DNG on wage scale placement when such employee is reclassified as a regular employee. It is also agreed that temporary or project employees are not covered by the contract provisions regarding reduction in force and eligibility for bidding vacancies. Such employees shall be eligible for the other provisions of this Agreement unless mutual written agreement of SEIU and DNG waives other specific provisions.

Temporary or project employees are subject to reassignment for extended and potentially indefinite periods of time. SEIU will, at the time of hire, inform all employees they may be reassigned for extended and potentially indefinite periods of time.

SEIU agrees to notify DNG on a timely basis of any changes which have significant impact on the bargaining unit, including but not limited to, the reassignment of temporary or project employees. Upon request of DNG, SEIU agrees to meet and confer on such issues expeditiously. Further, when such changes meet the legal test for mandatory subjects of bargaining, such bargaining will occur on a timely basis.


ARTICLE 2
Non-Discrimination

This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination, and all other privileges, terms, and conditions of employment. SEIU Local 105 will not discriminate against any person or employee because of race, color, religion, sex, sexual orientation, gender identity*, age, national origin, disability, veteran status, HIV status, immigration status or union activity.

All parties to this contract agree to treat each other with respect and dignity.

*For the purposes of this document, “gender identity” refers to a person’s actual or perceived gender, including a person’s gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth as being either female or male.


ARTICLE 3
Union Membership and Check-off

Not less than thirty (30) calendar days following the execution of this Agreement or not less than thirty (30) calendar days following the beginning of employment, whichever is later, all employees covered by this Agreement shall, as a condition of continued employment, become and remain members in the Denver Newspaper Guild to the extent of remitting to DNG, an initiation fee and membership dues uniformly required as a condition of acquiring or retaining membership in DNG, whenever employed under and for the duration of, this Agreement.

Upon receipt of a properly signed form, SEIU agrees to deduct all dues, fees and COPE contributions and remit same to the Secretary of DNG or his/her designated recipient.

Per the Constitution and Bylaws of SEIU Local 105, a staff member is eligible to become a regular member or associate member of Local 105. SEIU agrees to deduct membership dues upon receipt of a signed SEIU Local 105 dues authorization card.


ARTICLE 4
Issue Resolution

An effective means of resolving issues is in the interests of all parties. Solving workplace concerns quickly and by those most directly involved is essential to reducing conflicts and grievances and creating a more constructive work environment. This procedure has a system for raising and quickly resolving workplace issues using interest-based problem solving by those directly involved with the issue.

Issue Resolution
Issues are raised at the work unit (team) level and the stakeholders within the work unit will meet in a timely manner to attempt to resolve the concern. If the concern continues to remain unresolved the parties will discuss and mutually agree on any next steps to follow. Issue resolution is an alternative to, but does not replace the Grievance Procedure.

If the concern is generated from the employee to the Union Steward or Representative, the Union shall notify the supervisor. If the concern is generated by the supervisor or by the employee to the supervisor, the supervisor shall notify the Union Steward or Representative about the need for a meeting.

SEIU and DNG agree to attempt resolution through informal discussion so that the submission of a written grievance may not be necessary. The dialogue shall focus on resolving the issue to the satisfaction of all parties on an informal, amicable basis. Facts surrounding the issue(s) shall be presented, reviewed, and options discussed. Issues(s) must be addressed within a reasonable period of time.


ARTICLE 5
Corrective Action and Discipline

The Corrective Action Plan has six levels: Oral Reminder, Individual Action Plan, Corrective Action Plan, Suspension, Day of Decision and Termination. The first two steps are informal with no documentation in the personnel file. All general attendance or performance issues begin at Level 1 corrective action and progress through levels 2, 3, 5 and 6. For more severe infractions, the process may begin at Level 3 or above, up to and including Level 6 Termination. The goal is to jointly correct the performance or conduct, rather than punish the employee. An employee who disputes any action at any level under this procedure shall have the right to file a grievance.

All levels of corrective action starts with Joint Objective Discovery (JOD) discussion.

Level 1 – Oral Reminder

Manager, employee and steward (unless employee refuses representation) meet privately to

  • Identify the root cause
  • Develop solutions
  • Work together to solve problem
  • Write up a summary detailing each party’s commitment (placed in manager’s file only)

Level 2 – Individual Action Plan

Manager, employee and steward meet privately to

  • Together develop a plan to help employee succeed
  • Plan will detail timelines and everyone’s roles
  • Write up a summary detailing each party’s commitment (placed in manager’s file only)

Level 3 – Corrective Action Plan

Manager, employee and steward

  • Jointly develop Corrective Action Plan
  • Written plan outlines the employee’s commitment to improvement
  • Goal remains to help employee succeed
  • Plan placed in SEIU personnel file not to exceed one year
  • It is designed to be repeated as often as necessary to help employee be successful

Level 4 – Suspension (optional step at management’s discretion)

If the infraction is so severe it warrants a discipline greater than Level 3 but does not warrant termination the employee may be placed on a one-day unpaid suspension. This Level 4 may also be used as an optional step in the progression of corrective action.

  • Employee placed on one unpaid day of suspension
  • Jointly develop Corrective Action Plan
  • Written plan outlines the employee’s commitment to improvement
  • Goal remains to help employee succeed
  • Plan placed in SEIU personnel file not to exceed one year
  • It is designed to be repeated as often as necessary to help employee be successful

Level 5 – Day of Decision

If the infraction is so severe that immediate termination is justified, or no change in performance/behavior has been achieved through the progression of corrective action, the Employer may offer this Level 5 Day of Decision in lieu of termination. If the employee and union representatives accept the offer, the manager, next level manager, employee, steward and next level union representative meet to invoke Day of Decision. If the offer is rejected, the employee will be terminated.

  • Employee placed on one paid Day of Decision
  • If employee decides to change performance behavior, manager, employee and union will write up a Last Chance Agreement
  • Everyone will sign agreement
  • Agreement placed in SEIU personnel file not exceed one year

Level 6 – Termination

If the infraction is so severe that immediate termination is justified, or no change in performance/behavior has been achieved through the progression of corrective action, and the Employer has decided against offering Level 5, or Level 5 has already been utilized, the employee will be terminated

Employees may be disciplined or discharged only for just cause. However, since the ability to motivate workers and move them to action is an essential component of job performance, SEIU may discipline for failure to meet reasonable performance standards.

SEIU will advise the Employee of their right to have a Union representative present and the nature of the complaint against her or him prior to any meeting in the corrective action process. If the employee requests union representation, the discussion shall not proceed until the union representative or representatives is/are given reasonable opportunity to be present at such meeting provided it does not present unreasonable delay.

SEIU agrees to maintain personnel files for each employee. An employee may review his/her file upon request. A copy of any formal disciplinary document placed in an employee file also shall be mailed to the Guild. An employee may place reaction material in response to any item in his/her file. A disciplinary document shall remain in the employee file for not more than one year from the date of the incident. The parties recognize and agree the nature of some disciplinary infractions may require that they be kept in the file for longer than one year. Any disciplinary notice not removed after one year will be identified and reviewed by SEIU and DNG.


ARTICLE 6
Grievance and Arbitration Procedure

Grievance Defined
A grievance is a complaint involving the interpretation or application of any of the provisions of this Agreement, or a complaint that an employee has, in any manner, been unfairly treated. Earnest efforts will be made to settle grievances by applying the following procedures, and except in cased of termination, the parties agree to attempt to resolve grievances with informal discussions prior to reducing them to writing.

Processing Grievances
Step 1

Within fifteen (15) days of occurrence of a grievance, the affected party shall present the complaint to the other party in writing. The parties shall meet and attempt to resolve the dispute. The responding party shall respond in writing within 5 days of such meeting.

Step 2

If the disposition of the grievance in the previous step is not acceptable, the grieving party may so inform the other party within ten (10) days of receipt of the answer in the previous step. SEIU President and/or his/her designee, shall meet with representatives of DNG and attempt to resolve the dispute.

Step 3

If the disposition of the grievance in the preceding step is not acceptable to the grieving party, the grieving party may notify the responding party in writing of their intent to arbitrate the grievance within ten (10) days of receipt of the answer in the previous step. The arbitrator shall be selected and the proceedings shall be conducted in the following manner.

A) Within ten (10) days after filing the request for arbitration, SEIU and DNG shall each appoint one (1) person to serve as a selector and the two (2) persons so appointed shall, within (10) days after appointment choose and designate an arbitrator.

B) If no agreement is reached in the selection of an impartial arbitrator within the time limits prescribed above or within any mutually agreed extension of such time, either party may then request the Director of the Federal Mediation and Conciliation Service to submit a panel of arbitrators to the parties. Within ten (10) days after receipt of such panel each party shall strike three names alternately with the first strike determined by lot and with the remaining name being designated as the arbitrator. Such arbitrator shall be notified of his/her appointment to hold a hearing in the matter.

Arbitration proceedings
The arbitrator’s decision shall be reduced to writing and shall be final, conclusive and binding upon the parties. The arbitrator shall have no authority to add to, modify, amend, or otherwise change any provisions of this Agreement.

Expenses of Arbitration
DNG and SEIU shall each assume the expense of presenting its own case and shall share equally the expenses and fees of the arbitrator.


ARTICLE 7
Seniority

Seniority is defined as the length of continuous service from the date of hire with SEIU Local 105. Any employee who has been a regular employee of Local 105 and thereafter performed work in a paid status with the International Union shall be credited with time worked in that capacity for purposes of Local 105 seniority. Further, employees hired into temporary or project status who later becomes regular employees shall have their prior service in such status at Local 105 credited for seniority purposes.

Seniority shall prevail in the assignment of shifts, vacation scheduling, layoffs, reductions in force, and filling vacancies provided the senior employee has the necessary skills and qualifications to perform the job with minimal training or unless such seniority preference would have a significant adverse impact on SEIU’s program or representation obligations.

1.) Termination of Seniority
An employee’s seniority shall terminate if he/she:

A) quits or is discharged for just cause
B) fails to return to work at the expiration of an Employer-approved leave of absence
C) retires.

2.) Probationary Period
New employees shall be on probation for a period of six (6) months and as such may be terminated at SEIU’s discretion and without recourse to the grievance procedure.

During the probationary period, SEIU shall provide regular check-in, feedback and training for the employee. No later than 90 days after the date of hire, the employee will meet with the appropriate lead or director in order to review job performance. The review will utilize a check-list, provide specific performance-related feedback and if necessary will include a development plan to address any deficiencies. Follow-up meeting(s) will be agreed upon at the time of the 90 day review.

In addition to the six (6) month probationary period, an extension of up to 60 days will be granted provided SEIU provides justification for said extension. In the event SEIU did not provide a review within the first 90 days, no extension shall be granted and the employee shall be deemed a regular employee. Probationary employees are encouraged to request evaluations as provided in Article 13 Staff Development.

SEIU shall give two months advance notice to a probationary employee of any weakness that may exist in his or her performance which, if not corrected, could result in his or her discharge prior to or on the expiration of his or her probationary period and shall notify the employee of an extension prior to the expiration date of the original probation.

3.) Reduction in Force
In the event SEIU determines that a reduction in staffing is necessary, SEIU shall meet with DNG to discuss such reduction and agrees to make a good faith effort to accommodate employee’s desires concerning such reduction.

In case of layoff of a permanent employee, two weeks written notice shall be given the employee and DNG. Except in the case of demonstrable, extreme financial distress of SEIU, the employee will have the option of receiving two weeks pay in addition to the two weeks written notice. An employee may choose to separate employment immediately upon receiving notice and receive two weeks pay.

4.) Continuation of Seniority
Employees will continue to accrue seniority as follows:

A) When on sick leave for a period up to 6 months
B) When on Union leaves of absences


ARTICLE 8
Hours of Work

Both parties recognize that the nature of the work requires long, irregular hours including frequent weekend and evening work. SEIU will not act unreasonably in the scheduling of work. SEIU will not act unreasonably in the scheduling of employees. SEIU will establish relatively equivalent work expectations for all staff.

1.) Relief Time
The parties understand that due to the mission of SEIU Local 105 and the needs of its members, organizers may be required to work long and irregular hours; to work on weekends and holidays and to work away from home for extended periods.

The purpose of relief time is to provide staff members with relief from the hard work required of staff to accomplish the mission of SEIU Local 105.

Each organizer shall receive eight (8) days of paid relief time every calendar year as follows:

First quarter 2 relief time days
Second quarter 2 relief time days
Third quarter 2 relief time days
Fourth quarter 2 relief time days

Accrual will begin on the date of hire. Relief time must be scheduled by mutual agreement with the supervisor and will not be unreasonably denied. Relief time may not be carried over from quarter to quarter. Under extenuating circumstances an exception to carry over relief time can be requested by the employee and must be approved by the manager. If carry over is denied, the manager and employee shall arrange for the employee to use the expiring relief days prior to the end of the quarter. Upon separation of employment, unused relief time will not be cashed out.

Whenever possible, at the request of the employee, the parties will endeavor to combine a relief day with a weekend to allow a three-day weekend.

If extraordinary circumstances exist, an employee may request and SEIU may grant additional hours or day(s) off with pay, not to be unreasonably denied.

2. SEIU employees will get at least one day off a week. In the event that an employee works seven days a week in any given work week, they will receive an additional day off with pay. Additionally SEIU employees will get at least two days off per week in at least two weeks in any given month. In the event that an employee does not get at least two days off at least two times in two work weeks in any given month, they will receive an additional day off with pay for each of the third and/or fourth weeks in which they did not receive two days off.

In the event that an employee works late in the night, such employee will be permitted to arrive at work later the next day.

If extraordinary circumstances exist, an employee may request and SEIU may grant additional day(s) or hours off with pay, not to be unreasonably denied. In addition to the above, the following provisions shall constitute the normal work week. The 60 hours referred to below is solely the threshold for accruing additional relief time and is not the standard workweek:

  • Any hours worked over 60 needs the approval of the division director
  • Relief time for hours worked over 60 will be granted as follows: 1 hour relief time for every 1 hours worked over 60 hours
  • The provisions of Article 8, Section 2 will not be in effect three weeks prior to the following campaigns: a political election, a union representation or other type of union election or a strike
  • In the circumstances described in Article 8, Section 2 other relief time will be considered.

3. Child Care Expenses
Staff will utilize union provided childcare when feasible. If there are extenuating circumstances for why union provided care cannot be used, staff must get permission from their supervisor to be reimbursed for alternative care. Such permission shall not be unreasonably denied. Receipts must be provided prior to payment for said expenses and a spouse or significant other shall not be eligible for reimbursement. Staff will utilize union provided childcare when feasible. SEIU will make reasonable accommodations, where practicable, for unusual scheduling situations (i.e. annual retreats). Staff shall provide a typed detailed receipt from the childcare provider that includes the name and contact information of the childcare provider, the dates and times childcare was provided, signatures of the childcare provider and the staff person and the name(s) and age(s) of the child(ren) cared for.

Except with prior approval, SEIU shall only pay out of pocket child care expenses for any hours worked after 6 pm and prior to 6 am as follows:

Employees shall be eligible for daycare reimbursement for up to 4 hours Monday through Friday and up to 8 hours Saturday or Sunday. If childcare is being provided by family members after 10pm, such childcare shall not be reimbursable. Additional hours may be paid based on work plan and with the prior approval of management.

The intent is not for employees to incur additional childcare expenses for unusual work hours.

Staff shall provide documentation of what they were doing for work at the time childcare was being provided. This should be in the form of a work plan and report.

SEIU Local 105 will only reimburse for childcare expenses for children under 12 years old.

If the above requirements are met, staff will be reimbursed up to $8 per hour for one child and up to $12 an hour for two or more children.


ARTICLE 9
Holidays

Paid Holidays

A) The following holidays shall be observed with no deduction in salary:

  • New Year’s Day
  • Martin Luther King Jr’s Birthday
  • Caesar Chavez Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Last work day before Christmas Day or Last work day before New Year’s Day
  • Christmas Day
  • Employee’s Birthday
  • Three floating holidays

B) Any of the above holidays may be substituted for another religious or ethnic holiday of the employee’s choice.
C) Floating holidays may be taken in 2-hour increments.
D) An employee with more than three (3) months of continuous service shall be eligible to take their floating holidays with mutual agreement of SEIU.

Holiday Pay for Holidays Worked
If an employee is required to work on any of the holidays designated in this Article, the employee will receive compensatory time for the hours worked on the holiday.

Holidays Observed
Holidays falling on Sunday will be observed on the following Monday: holidays falling on Saturday will be observed on the preceding Friday unless mutual agreement otherwise by the parties.


ARTICLE 10
Vacation

Length of Vacation
Each employee will earn and receive annual vacations with pay as set forth in the immediately following schedule:

6 months service 1 week vacation
1 year service 2 weeks vacation*
2 years service 3 weeks vacation
5 years service 4 weeks vacation
10 years service 5 weeks vacation

*Unless one week was taken after the six months anniversary date, in which case the employee will then be entitled to the second week of vacation earned but not taken.

Vacation Selection
Vacation shall be allowed during the calendar year in which the employee has achieved the required seniority for eligible weeks. Vacation selection will be granted with mutual agreement of SEIU, and such agreement shall not be unreasonably denied.

Holiday During Vacation
If a holiday, as defined in this Agreement, falls during an employee’s vacation, such employee will receive an extra day of paid vacation.

Vacation Scheduling
Staff members are expected to submit vacation requests with reasonable advance notice, taking into account current and upcoming campaigns. An employee shall schedule all annual vacation in the calendar year following accrual unless otherwise agreed between the parties except that employees may carry one week of vacation into the next calendar year. Vacation in excess of one week that has not been taken within a year of accrual may be assigned by SEIU. Vacation cash-out will only be permitted with the mutual agreement of the parties. Request for changes in the vacation schedule shall not be unreasonably denied.


ARTICLE 11
Sick Leave, Insurance, Hospitalization and Pension Plans

Sick Leave
A) SEIU shall grant sick leave, with pay, which shall accrue at the rate of one day per month. There shall be no maximum in the amount of sick leave an employee may accrue.
B) SEIU shall grant sick leave with pay for personal illness, family illness, doctor appointments, other medically related treatments and/or doctor appointments for the employee and his/her family members as requested by the employee.
C) Employees may opt, at the end of each calendar year, to cash out up to 5 days accrued sick leave.
D) Sick leave may be taken in hourly increments.
E) Employees who terminate employment shall be eligible for cash payment for up to 5 days of accrued sick leave.
F) Employees may donate up to five (5) accrued sick days to another staff member who is seriously ill and has exhausted his/her sick leave.

Insurance
Effective the first day of the month following employment as a regular full-time employee, SEIU shall pay the premium to provide health insurance for each regular full-time employee and his or her spouse, domestic partner and other eligible dependents as defined by the insurance plan or applicable law.

An employee who opts out of the health plan shall be paid an amount equal to 75% of the employee-only monthly premium for that employee. SEIU will require proof of alternate coverage before allowing an employee the opt-out option.

SEIU shall reimburse employees for the difference between 2010 co-pays and current co-pays up to a maximum of $500 per year. Reimbursement for primary care co-pays is limited to $150 per year. For reimbursement, receipts or other documentation confirming the co-pay expenditure must be provided to SEIU.

SEIU shall also continue to provide dental coverage and disability/life insurance at no cost to the employee.

SEIU may change to other insurance plans with equivalent or greater coverage as discussed in this Article 10 with the agreement of DNG.

Upon the agreement of SEIU and the employee, alternative health and/or dental coverage will be paid for relatively equivalent coverage commensurate with the premiums of the benefits outlined above.

Pension Plan
SEIU agrees to participate in the Service Employees International Union Office and Employee Pension Fund on behalf of all eligible employees who are paid a salary of at least $4,000 per year for their service, pursuant to Article 19 of the SEIU Constitution and Bylaws.

If the pension plan is frozen or the contribution is reduced, either party can request a contract opener on the pension provisions in this Article 11.

Part-time/Temporary Employees
A regular or temporary part-time employee (whose employment is projected to be 90 days or more) shall be eligible for participation in SEIU’s health plan on a pro-rated basis. If SEIU is unable to enroll the employee in the health plan, SEIU may provide compensation in lieu of payment.


ARTICLE 12
Leaves of Absence

Personal Leave
After one year’s service, a leave of absence without pay may be granted at the discretion of SEIU for up to six months. Any such request will not be unreasonably denied. SEIU shall not be required to contribute to health insurance premiums during personal leave.

Medical Leave
SEIU agrees to be bound by FMLA standards. With the mutual agreement of the parties, extensions of medical leave beyond six months may be granted. Returns after 120 days may be to next available position, if necessary for efficient operation. SEIU will continue to be responsible for Health insurance for the first six months of any such leave.

Funeral Leave
Employees shall be allowed three (3) days bereavement leave without loss of pay in the event of a death of a family member or other person with whom the employee has a close relationship. If death occurs outside a one hundred fifty– (150) mile radius of the employee’s place or residence, the employee shall be excused for two (2) additional days without loss of pay. The employee may extend bereavement leave by a maximum of thirty (30) days through any combination of first, previously unscheduled vacation and then unpaid leave if the request is made to the President or designee before the end of the initial paid bereavement leave period.

Jury Duty
Any employee required to serve as a member of a jury, or subpoenaed as a witness, will be permitted to perform such service without loss of salary.

Union Leave
SEIU will grant reasonable request for leave of absence without pay for Union business each calendar year, provided written request is made by an authorized representative of DNG which states the reason for such leave.


ARTICLE 13
Staff Development

Staff Skill Development
The parties acknowledge the benefits of regular staff evaluations. The best interests of SEIU are served when all levels of staff receive appropriate, timely training. Staff evaluations will be reciprocal, regular and on-going and non-disciplinary. Evaluations shall be completed on forms created by the CLC.

In the first year of employment evaluations will be given at three (3) months, six (6) months and twelve (12) months from the date of hire. After the first year of employment, evaluations will occur on or about the employee’s anniversary date of hire. Evaluations may occur as needed by management or as requested by employees and to the conducted within fifteen (15) business days from the request.

The purpose of the evaluations shall be to identify employee skills and determine development needs. The parties agree that, within reason, mutually identified training needs shall be jointly addressed in a timely manner with a staff development plan.

The parties agree to advance jointly a list of staff development options including identifying and posting training opportunities. Options for staff development are varied and may include in-house, community, other union, local, or possibly national education. Staff development shall be consistent with organizational goals and resources.

A staff person desiring to enhance skills, knowledge, and/or ability to perform tasks relevant to their existing position or another position in Local 105 may request specific training. Such requests shall be evaluated on the basis of appropriateness and cost effectiveness but shall not be unreasonably denied.

Affirmative Action
SEIU and DNG jointly recognize the desirability of increasing employment opportunities for minority groups, women, and SEIU members. Both parties see Affirmative Action as an ongoing process and will pursue a program of recruitment and training with emphasis on career advancement.


ARTICLE 14
Rights of Management

SEIU retains the right to define its program and make assignments necessary for its implementation, manage SEIU and direct the working force, including the right to hire, promote, transfer, discipline or discharge for just cause, issue work rules and other normal rights of management unless limited by specific provisions of this Agreement.


ARTICLE 15
No Strike – No Lockout

During the term of this Agreement, there shall be no strike including sympathy strikes, or informational picketing, by DNG and no lockout by SEIU. No employee shall be required to cross a lawful picket line sanctioned by the Denver Area Labor Federation.


ARTICLE 16
Union Political Activity

Members of bargaining unit may become members of SEIU Local 105 and shall have the right to run for any office designated as a full time paid position, subject to the eligibility requirements of SEIU Local 105’s Constitution and Bylaws. The parties agree that all disputes related to employment issues shall be resolved through the Grievance/Arbitration provisions of this Agreement and shall not have standing under Article 19 of the Local’s Bylaws.

DNG agrees not to interfere or participate as an organization in the internal political affairs of SEIU Local 105 or Service Employees International Union elections or endorsing candidates for office.


ARTICLE 17
Expenses

Employees will be reimbursed for reasonable business expenses incurred while working for SEIU Local 105, included but not limited to cellular phone expenses consistent with expense policies adopted by SEIU.

Employees will be reimbursed up to $35 per day for food while assigned out of town with submission of receipts and in accordance with SEIU policy.

Beginning with the first month after ratification of this Agreement, employees will be paid $365 per month toward the cost of maintaining an insured automobile for business purposes. For the year 2012, employees will be paid $375 per month toward the cost of maintaining an insured automobile for business purposes. For the year 2013, employees will be paid $385 per month toward the cost of maintaining an insured automobile for business purposes.For the year 2014, employees will be paid $395 per month toward the cost of maintaining an insured automobile for business purposes. Further, beginning with the first pay period after ratification of this agreement, employees will be paid at the rate of $.14 per mile driven for business purposes. For the year 2012, employees will be paid at the rate of $.16 per mile driven for business purposes. For the year 2013, employees will be paid at the rate of $.18 per mile driven for business purposes. For the year 2014, employees will be paid at the rate of $.20 per mile driven for business purposes.

No later than June 30, 2008, DNG will provide SEIU with research to support increasing the automobile allowance. SEIU will discuss the research with DNG and will present the information to the SEIU Board in order for an increase in automobile allowance to be considered by the Board for inclusion in the 2009 and 2010 budget.


ARTICLE 18
General Wage Provisions

Employees shall be paid every other Friday. Employees shall have the option of direct deposit of paychecks.

Employees shall advance through the steps within their pay level based on length of service from date of hire or, in cases of promotion, date of promotion.

Upon promotion, the employee shall be placed at least in the pay step within the new level for the new position that is greater than their salary prior to promotion.

No employee shall have their pay level or step reduced.

Level 1
Start 12 Mon. 24 Mon. 36 Mon. 48 Mon.
2/1/2011 754.89 781.31 807.27 834.01 857.16
2/1/2012 775.65 802.80 829.47 856.95 880.73
2/1/2013 796.98 824.87 852.28 880.51 904.95
Level 2
Start 12 Mon. 24 Mon. 36 Mon. 48 Mon.
2/1/2011 841.70 862.27 882.85 902.61 931.50
2/1/2012 864.85 885.98 907.13 927.43 957.12
2/1/2013 888.63 910.35 932.07 952.94 983.44
Level 3
Start 12 Mon. 24 Mon. 36 Mon. 48 Mon.
2/1/2011 902.61 931.50 961.32 992.07 1011.91
2/1/2012 927.43 957.12 987.76 1019.35 1039.74
2/1/2013 952.94 983.44 1014.92 1047.38 1068.33


ARTICLE 19
Health and Safety

Occupational health and safety is the mutual concern of SEIU, DNG and all employees. Employees or DNG shall report safety and health hazards of which they are aware to SEIU management.

DNG and SEIU will discuss health and safety concerns jointly at CLC meetings and will develop solutions together. The CLC shall address all health and safety concerns that are reported. When there is an imminent health and safety concern, DNG or SEIU may call an emergency CLC meeting.

When an employee reasonably believes that the completion of an assigned task will put them in danger, the employee may elect to perform other meaningful work related to their assignment or campaign for the remainder of that shift, or until the safety issue is resolved. The employee shall report the safety concern to their supervisor as soon as reasonable. The employee will work with their supervisor to accomplish the task safely, or find alternate tasks if the safety issue cannot be resolved. Unresolved safety issues shall be reported to and addressed by the CLC.

When the office is closed due to weather or other hazardous conditions employees shall receive their full pay for the period of the closure.

Recognizing that hazardous weather conditions may affect some employee’s ability to commute or drive to assignments differently, when the office is not closed, the following shall apply:

Employees who are unable to commute to the office or drive to assignments due to weather may work from home performing meaningful work related to their assignment or campaign.

If no meaningful work is available, the employee may use vacation, floating holidays or relief time for the day(s). The employee shall not perform any work that day.


ARTICLE 20
Collaborative Leadership Committee

The purpose of the Collaborative Leadership Committee (CLC) is to promote communication, problem solving, diversity, and increased effectiveness of the SEIU staff as a whole and to develop a more democratic organization. The CLC cannot change the language or the application of the collective bargaining agreement. The CLC is empowered to deal with subjects outside of the labor agreement as well as with the application of the agreement.

SEIU and DNG-covered employees shall meet as the committee as necessary, but no less than quarterly to discuss issues and topics that either side deems important, including organizational direction, staff development, affirmative action, diversity, and application of this Agreement.

The committee will meet for the first time within the quarter during which this contract is ratified.

SEIU and DNG-covered employees will be represented equally on the committee.


ARTICLE 21
Term of Agreement

This Agreement is hereby made effective April 22, 2011 and expires January 30, 2014. At any time within two months immediately prior to the expiration date of this agreement SEIU or DNG may initiate negotiations for a new agreement. The terms and conditions of this agreement shall remain in effect during such negotiations.

For the Employer
SEIU Local 105

Veronica Dufner
Mateos Alvarez
Debora Cardenas

For the Union
DNG-CWA Local 37074

Vickie Harris
Carlos Conteras
Roberta Ayala
Josh Downey
Anthony Mulligan


April 22, 2011
Date Signed

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